Terms and Conditions

1. USE OF OUR SERVICES - You must be at least 18 years old or have parental consent to accept these Terms and Conditions. If you are under 18 and have parental consent, we recommend that your parents participate in your coaching session and that they advise you on your use of our Services. If you are under 18 years of age and have not obtained your parent’s consent to participate in a coaching session with us, we cannot accept you as a client. Any plans delivered as part of the Services (e.g. meal and workout plans) can be accessed online. Access to any plans expires upon termination of the Services (you are therefore encouraged to save/print any plans at your own convenience). 2. OUR SERVICES ARE NOT MEDICAL ADVICE - Our Services, including all meal and workout plans, are provided for general information and entertainment purposes only. We do not offer health, medical, dietary, nutrition, or professional advice which you or anyone else should rely on. The members of Positive Regard Fitness are not doctors, dietitians, or nutritionists, and your use of our Services does not create a doctor-patient, dietitian-patient, or nutritionist-patient relationship between you and any members of Positive Regard Fitness. We do not and cannot diagnose, treat, cure, or prevent any disease, medical condition, or symptom. If you have questions regarding medical issues or potential impacts of the program, you should consult with your personal healthcare provider before using our services. You should always speak with your personal healthcare provider before starting any workout plan or making any changes to your diet. It is outside our scope of practice to prescribe a supplement or a particular dosage to our clients. We do not recommend diets, foods, supplements, workouts, or exercises to prevent, treat, diagnose, or cure any disease, medical condition, or symptom. All meal plans provided through our Services are only suggestions and are not a substitute for the advice of a doctor, nutritionist, dietitian, or other medical provider. Meal plans do not guarantee any particular health outcome, including weight loss or other standard health markers. 3. USE OF OUR SERVICES IS AT YOUR OWN RISK - YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH US, OUR MEAL PLANS, AND OUR WORKOUT PLANS. USE OF OUR SERVICES IS AT YOUR OWN RISK. If you experience faintness, dizziness, shortness of breath, pain, or any other medical issue while exercising, stop and seek medical attention immediately. Exercise carries certain risks of injury and you are undertaking all exercises at your own risk. All allergies, intolerances, injuries, illnesses, and diseases must always be communicated in the intake questionnaire/call. You must always carefully review the contents of your meal plan for anything that you may be allergic to or intolerant to. Restriction on calorie intake may lead to anxiety, eating disorders, depression, fatigue, and other mental and physical health issues. You should seek help immediately if you experience any such issues. Always make sure that you have enough space when performing activities. Make sure that nothing around you can cause harm or impair movement. If you choose to use any fitness equipment, doing so is at your own risk. 4. SUBSCRIPTION TERMS - By signing this document, you agree to a charge of either a) $129.00 per month fee for one workout/nutrition program, or b) $199.00 per month fee for both the workout and nutrition program. You agree to the payment date set forth by your coach. You agree to a $50.00 onboarding fee as well as a minimum 3 month subscription, and are responsible for paying the subscription fee on the agreed upon date, unless discussed with your coach on a case-to-case basis. If you cannot pay, you will address the issue with your coach, and understand that your subscription may be frozen and you may lose access to the program. 5. TRANSFERRING THE SERVICES - We are giving you personally the right to use our Services as set out in these Terms and Conditions. You may not transfer the Services to someone else, whether for money, for anything else, or for free. 6. REQUIRED INFORMATION - We may need certain information from you so that we can supply our coaching services to you, for example, on your body and wellbeing, including height, weight, body statistics, workouts, mood, meals, nutrition, and general wellbeing. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 7. ENDING THIS AGREEMENT - Note that we offer no refunds once we’ve tailored and sent you your digital products. As any meal- and workout plans are digital products, they are “used” when sent, downloaded, and/or opened. You may end your agreement with us at the end of your minimum commitment period, by providing us with a written 1 month’s notice. If you end your agreement in this way, your termination will only be effective from the first day of the following month. For example, if you submit a termination notice on August 28th, your subscription will still be active for all of September, and the termination of the subscription will be effective as of October 1st. If you don’t comply with these Terms and Conditions (including failure to pay), we may end your rights to use the Services at any time by contacting you if we reasonably believe that you have not complied with these Terms in a serious way. This may include if you fail to make a payment. If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end your right to use the Services in this way, we may retain payments you have already made to cover our costs and/or compensate us for our losses resulting from your failure to comply. We may end the contract if it becomes impossible or impractical to provide our Services (or a part of the Services). If we decide to suspend or stop providing any part of our Services in this way, we will let you know if we are going to do this. If you have paid for our Services in advance, you may be entitled to a proportionate refund of the money you have paid in advance and for the time you haven’t been able to use our Services because we have ended the contract. Your legal rights: we are under a legal duty to supply services that are in conformity with this contract. Nothing in these Terms will affect your legal rights. If this agreement comes to and end: ❖ you must stop all activities authorized by these Terms, including use of the coaching services; ❖ we may cease providing you with access to the support services. 8. EARLY CANCELLATION POLICY - Early cancellations before the 3 month commitment period will be responsible for 50% of the cost of the remaining commitment. Early cancellation will be established once the client submits a cancellation request to their coach, whether by email or text message. Failure to communicate with the coach is not cancellation. At the end of the minimum coaching period of 3 months, the subscription will automatically roll into a month-to-month subscription. Once it has gone into effect, a 1 month’s notice must be given to the coach to terminate your subscription. 9. RELEVANT AUTHORITY - Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 10. CHECK-INS - Your check-in window is anytime the day before your check-in day up to 12PM EST the day check-ins are due. For example, if your check-in day is Saturday, you may submit your check-in all day Friday, up to 12PM EST Saturday. Any late check-ins may be skipped for the week to ensure every client has adequate time with their coach. Late check-ins have no guarantee of being answered the week it has been sent to the coach.