Membership Terms of Service

This Membership Terms of Service (the “Agreement”) is between You, the user, and Carry the Torch, Inc., doing business as The Workout Witch (“The Workout Witch”, “Business” “Our” or “We” interchangeably).

This Agreement incorporates by reference Business’ Terms of Service, as provided on their website.

You are encouraged to read this Agreement carefully and fully to create clarity of our respective roles and expectations while in the Membership, and to set You up for a positive, productive, and results-driven community.

1. MEMBERSHIP: In addition to other services offered by The Workout Witch, You may chose to enroll in a Membership, which refers to an online digital library of somatic exercises and community forums.

2. PAYMENT; AUTO-DEBIT: By purchasing a Membership, You expressly agree that The Workout Witch is authorized to, on a recurring basis on the same day of each month of the membership, automatically charge the debit or credit card account You specified in your account, for the auto-debit plan You enrolled in. You understand and acknowledge that (1) The Workout Witch will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. The Workout Witch may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. The Workout Witch cannot be held responsible for errors in processing due to expired or inaccurate information; and (3) The Workout Witch is not responsible for any bank overdraft fees that may occur.

3. MEMBERSHIP CANCELLATION: Membership will continue to renew each month until cancelled by You in your account. When You cancel prior to the next billing date, You still maintain access to the Membership through the end of your billing cycle. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further.

4. REFUND POLICY, CHARGEBACK POLICY: Unless otherwise provided by law, You acknowledge that all sales are final and The Workout Witch does not offer refunds for any portion of your payment for any of the Membership at any time. If You enroll in the membership with a known contraindication to somatic exercises, You will not be granted a refund for any portion of fees paid if requested. By consenting this Agreement, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.

If you have concerns about your membership, You agree to contact our customer support team at Liz@TheWorkoutWitch.com before seeking a chargeback. Initiating a chargeback against the Business in violation of this policy may result in immediate termination of your Membership and associated access to Membership materials, and legal action to recover the disputed amount, including any associated fees.

5. DELIVERY OF DIGITAL PRODUCTS AND SERVICES: After subscribing to the Membership You will be able to access products and services of the Membership from your account in MightyPro.

The Workout Witch reserves the right to substitute live instruction with pre-recorded classes or alternate instructors when reasonably needed to accommodate emergencies, including for reasons such as (but not limited to): scheduled absences, professional obligations, illness, emergencies, and Acts of God.

5.1 OUT-OF-OFFICE DATES: As of the date of publication of these Agreement, The Workout Witch has planned out-of-office dates, for both founder Liz Tenuto and/or the entire The Workout Witch team as follows:

Liz will be out of office two weeks in July, one week in March, and one week around the winter holidays (December/January). Your weekly classes will still be published on time during these weeks, and the team will be engaging with You during that time.

The entire The Workout Witch team is on a company-wide break from December 24 - January 5. Your weekly classes will still be published on time, however there will be no engagement in the Membership from the team during this week. Your Membership remains active and open during this week, and You are welcome to engage with other members and support each other during this time. All questions received will be responded to starting January 6.

Liz will be on a book tour in January 2026. Your weekly classes will still be published on time during these weeks, and the team will be engaging with You during that time.

6. COMMUNITY FORUM: While we encourage a respectful and supportive environment, the community forum is not a confidential space. Users are advised to exercise caution when sharing personal information. You are solely responsible for the information You share within the Membership community forum. Any personal, health, or wellness-related information shared within the forum is provided voluntarily by You, with no expectation of privacy or anonymity. The Workout Witch does not verify or endorse any claims, advice, or recommendations made by other users; You are encouraged to heed advice and recommendations by other participants and consult with qualified professionals. As such You assume full responsibility for any actions You take based on shared content.

6.1 COMMUNITY GUIDELINES: You agree to engage in all community spaces, forums, sessions, communications, and events in a respectful, courteous, and professional manner. You shall not engage in behavior that is disruptive, antagonistic, or detrimental to the experience of others, at the sole discretion of The Workout Witch.

The Workout Witch has a strict zero-tolerance policy for discrimination, harassment, or abusive conduct of any kind in the Membership and reserves the right to moderate, remove, or restrict access to content that violates community guidelines. The following actions are strictly prohibited and constitute grounds for immediate removal from the Membership without refund:

Any form of harassment, discrimination, or hate speech
Bullying, intimidation, or threats (whether direct or implied)
Disclosure of confidential or private information shared by other Members
Disruptive, inflammatory, or abusive behavior in community interactions
Repeated violations of community guidelines or failure to follow moderator instructions
Any other conduct that The Workout Witch, in their sole discretion, determine to be harmful to the safety or integrity of the community

The Workout Witch reserves the right, in their sole discretion, to investigate any alleged violations of these terms and to take appropriate action, including suspension or termination of Membership. No refunds shall be issued in the event of termination due to a violation of these community standards.

6.2 NO UNAUTHORIZED COMMERCIAL ACTIVITY: You shall not use the Membership or associated communication channels, such as community forum, to promote, advertise, or solicit sales of any goods, services, programs, or other commercial offerings.

6.3 DISCLAIMER OF LIABILITY: The Workout Witch is not responsible for any consequences arising from your sharing of, use of, or reliance on information exchanged within the community forum, including any unauthorized use or sharing of your information by other users. The Workout Witch cannot verify the veracity, truthfulness, legality, or safety or any statement, actions, or relationships formed as a result of member interactions. By engaging in the community forum, You acknowledge that (a) You are solely responsible for your interactions, contributions, and reliance on any shared information; and (b) You are responsible for any relationships and interactions with other membership online and offline which You engage; (c) The Workout Witch is not responsible or any loss, damage, injury, emotional distress, harassment, stalking, physical harm, or other adverse outcomes that may result from any such interactions or relationships; and (d) The Workout Witch is not responsible for resolving disputes between Members and is under no obligation to become involved in any way.

7. MATERIALS PROVIDED TO THE WORKOUT WITCH OR POSTED ON THE SITES: The Workout Witch does not claim ownership of the materials You provide to The Workout Witch (including feedback, comments, and suggestions in community boards) or post, upload, input or submit to the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission You are granting The Workout Witch permission to use your Submission in connection with the operation of their business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Workout Witch is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of The Workout Witch.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

8. PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: The Membership is a single-user, non-commercial license granted to the individual who subscribed to the Membership only. To access certain features of the Membership, You will need a username and password. You agree to keep this information confidential and not share it with anyone else. If The Workout Witch has reasonable grounds to suspect that You have shared your login credentials with anyone else, or forwarded copyrighted materials such as video recordings, to any other person, The Workout Witch has the right to suspend or terminate Your account and refuse all current or future use of the website, without refund. Further, excessive usage of the Membership will be assumed by The Workout Witch to be fraudulent use, and your account will be immediately canceled without a refund.

9. PERSONAL RESPONSIBILITY, DISCLAIMERS, RELEASE OF CLAIMS: You understand that physical exercise associated with the Membership can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any physical exercise activity or any mental health activities. You voluntarily assume any and all risks, known or unknown, associated with your use of the Membership (collectively “Your Participation”). You acknowledge that Your Participation may present certain physical and mental health risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical, mental or emotional injury, or exacerbation of injury or underlying condition; minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below).

Notwithstanding the foregoing, You hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation, You agree that by participating in physical exercise or mental health activities, You do so entirely at your own risk. Further You expressly agree to release and discharge The Workout Witch and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents, contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action and You agree to voluntarily give up or waive any right that You may otherwise have to bring a legal action against the Released Parties for personal injury (physical or mental) or property loss.

You agree that The Workout Witch will not be held responsible in any way for the information that You request or receive through the Membership, nor will The Workout Witch be responsible for how You use, apply, or engage with the information that You request or receive through the Membership. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release The Workout Witch, in their individual capacity and legal capacity, and each of the Released Parties from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against The Workout Witch in the future that may arise from your participation in the Membership, including all services and products, to the extent permitted by applicable law.

10. NO MEDICAL ADVICE: Membership content is not meant to diagnose medical conditions. The Workout Witch owners and teachers are not qualified medical practitioners. The Membership is not intended to teach You how to diagnose a medical condition nor to give medical advice. The Workout Witch strongly recommends that You do not diagnose symptoms – either your own or those of clients or customers, and instead, refer all clients or customers to qualified healthcare practitioners. The information learned in the Membership is not medical advice, diagnosis, or treatment, or substitute for an individual patient assessment based on a qualified health care provider’s evaluation of a patient, including factors unique to such a patient. The Workout Witch is not responsible or liable for any advice, course of treatment, diagnosis, or any other information or services, including health care services, that You offer anyone based on information You obtained through your use of the Membership.

The content of the Membership should not be used if You are in a life-threatening or emergency medical situation. IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH, INCLUDING ANY MEDICAL CONDITION OR TREATMENT, PLEASE CONTACT YOUR HEALTH CARE PROVIDER OR, IF YOU HAVE A MEDICAL EMERGENCY, CALL 911.

11. NO GUARANTEED OUTCOMES: You understand that the outcomes obtained from the Membership can be subjective and vary greatly depending upon circumstances and individual effort invested in the Membership process. Enrollment in the Membership does not guarantee that You will take any specific action and does not offer any guarantee of success. As such, You understand that The Workout Witch makes no guarantee, representation or warranty of any nature or kind that this Membership will be effective or will result in any particular outcome. You agree that You will not hold the responsible, in whole or in part, for any result that You do or do not achieve.

12. INTELLECTUAL PROPERTY: All content included in the Membership are the sole and exclusive property of The Workout Witch and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. The Membership content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Membership or Membership materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without our prior written permission.

12.1 COPYRIGHTED CONSENT: The Sites contain copyrighted material owned by The Workout Witch and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and The Workout Witch may prosecute such misconduct to the fullest extent permitted by law.

12.2 TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by The Workout Witch or a use right has been granted to The Workout Witch. Your enrollment in the Membership does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your participation in the Membership. Without the prior permission of The Workout Witch, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logos featured on the Sites for which you do not have personal rights.

13. TERMINATION AND ACCESS RESTRICTION: The Workout With reserves the right to terminate this Agreement and your enrollment in the Membership, in the event of (a) a material breach of this Agreement, or (b) misconduct violative of The Workout Witch general community standards. Such termination is at The Workout Witch’s sole discretion and effective immediately. If The Workout Witch terminates this Agreement, the financial obligations of this Agreement may be revisited and reassessed, however all other terms of this Agreement remain.

14. TESTIMONIAL RELEASE: You grant The Workout Witch, its representatives, employees, agents and/or assigns the right to solicit and share an approved, written or video testimonial, created by You, following your completion of the Membership. You understand that You have the right to decline sharing a testimonial, and your participation will not impact the services You receive in the Membership.

15. EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from The Workout Witch related to the Membership, services, The Workout Witch brand, and your participation in all of the above. By entering into this Agreement, You give The Workout Witch permission to email You, at the email address on file, regarding the same.

16. PRIVACY POLICY: The Workout Witch respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference

17. GOVERNING LAW; DISPUTE RESOLUTION: This Agreement shall be construed according to the laws of the County of Los Angeles in the State of California. Should the parties have any differences, it is hoped that they could work them out amiably through e-mail correspondence. However, if the Parties are unable to seek resolution in 14-days, they agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both, unless they both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to You through arbitration is the full refund of your payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to You. The parties both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in the County of Los Angeles in the State of California where Business’s principal place of business is located.

18. CONTACT: If you have any questions or concerns about this policy or any Services, products, or features, please don’t hesitate to contact us at: Liz@TheWorkoutWitch.com