Terms of Service

by | Feb 26, 2021

Terms of Service: Policies, Waivers, Disclaimers

This Terms of Service Agreement, hereinafter known as “Agreement” set forth by David London aka The Fitness Guy/The Fitness Guy Online, hereinafter known as “TFG” to existing and new clients, hereinafter known as “Client” is agreed to by the submission of Clients willful selection of “I Accept” and signature on TFG website under Terms of Service. By selecting “I Accept” and submitting signature during the Client registration and/or purchase, the Client represents that they have read, understand, and agree to be bound by the terms and conditions of this Agreement. No addendums, alterations, agreements, exceptions are implied, permitted, or accepted outside the Terms of Service presented on TFG’s website www.thefitnessguyonline.com 

Services existing and/or new cannot commence without acceptance of Terms of Service.

 

1. Nature of the Service

TFG is a professional health, fitness, and business consulting, coaching, and training service. TFG provides to its Clients benefits such as but not exclusive to Professional Personal Training Services: Online & In Personal Coaching, Business & Life Coaching.

2. Client Registration and Information

The client shall provide all fields requested in order to allow TFG to create a complete Client file. The client understands in the event any data such as an address, contact information, payment methods, etc. have changed, the Client must supply TFG updated data within (72) hours in order to maintain accurate Client files as well as billing. The client, when applicable, shall select a username and password during the registration process. Client shall be responsible for: a) all use of the TFG site/online services made by the Client’s username and password; b) maintaining the confidentiality of Client’s username and password; 3) not sharing and allowing the use of Client’s login information by ANY person or business outside of the authorized Client.

3. Payment for Services

Individual: (refers to a single person or business)
All services rendered by TFG are paid either in full at the time of purchase OR when applicable, monthly installments. Monthly installments apply only to services ranging from 3 months and beyond. Monthly installments are the equivalent to the total balance divided by the term purchased and result in equal monthly installments. The client can at any time, without penalty, pay the balance in full to eliminate monthly installments. “COD” payments for purchased services shall be provided by Client to TFG upon the first consultation and/or scheduled service. In the event, payment is not supplied, purchased/scheduled service(s) will be terminated and any future scheduled services will not be rendered. Future services by the same Client will require payment in full upon registration/purchase of service.

Couple, Group: (refers to two people, three people, four people, five people)
Payment for services follows the above guidelines with the addition to billing. TFG services require “single entity billing” which translates to (1) credit/debit card on file to be billed. TFG cannot bill multiple parties for (1) account. It is the sole responsibility of the couple and/or group to select one person to be billed then collect payments from each participating party at their leisure. TFG is not responsible for collection, recourse, or other to any participant within the Couple or Group who does not submit payment to the group when requested and/or is in default. Couple & Group sessions are billed for the time and type requested and do not “prorate” or alter session price in the event one or more participants do not show up to scheduled session(s).

Default/Unsuccessful Payments:
Monthly installments are every (30) calendar days; installment dates are (30) days from the origin of purchase. Payments continue as scheduled whether or not services are being utilized. In the event scheduled payments are missed, TFG will send an automated reminder via email and/or text that acknowledges the need for updated credit/debit information in order to process scheduled payments. If payment cannot be made successfully within (7) days of the scheduled date, TFG will pause services until the required payment is made. Accounts will be canceled after (21) days of no payment.

4. Cancellation/Refund Policy

**ALL SALES FINAL. NO RETURN -NO REFUND POLICY.**

SESSIONS AND/OR SERVICES PURCHASED ARE VALID FOR (12) MONTHS FROM THE DATE OF PURCHASE. UNUSED SESSIONS AND/OR SERVICES BEYOND (12) MONTHS AUTOMATICALLY EXPIRE AND DROP FROM THE CLIENT ACCOUNT. UNUSED SESSIONS/SERVICES RECEIVE NO PRO-RATION/REIMBURSEMENT. SESSIONS AND/OR SERVICES MAY BE TRANSFERRED WITHOUT PENALTY OR FEES TO ANOTHER PERSON IN THE EVENT THE ORIGINAL PURCHASER IS UNABLE TO UTILIZE SESSIONS/SERVICES. SESSIONS/SERVICES TRANSFERRED MAY BE SOLD BY THE ORIGINAL PURCHASER TO ANY PARTY OF THEIR CHOOSING OVER THE AGE OF 18 AND THE APPROVAL OF THE FITNESS GUY. THOSE UNDER 18 REQUIRE A PARENTAL/GUARDIAN AUTHORIZATION FORM AS WELL AS APPROVAL OF THE FITNESS GUY. ALL 3RD PARTY TRANSACTIONS ARE NOT THE RESPONSIBILITY OR LIABILITY OF THE FITNESS GUY. THE FITNESS GUY DOES NOT BROKER, MEDIATE OR PROVIDE ANY DIRECTION BETWEEN 3RD PARTY PURCHASER AND THE ORIGINAL PURCHASER. SERVICES BOOKED OUTSIDE THE TRANSFERRED ACCOUNT ARE DUE IN FULL PRIOR TO RENDERING. TRANSFERRING AND/OR SELLING: DNA FITNESS TESTING & PROGRAMMING REQUIRES THE PURCHASE OF A NEW DNA KIT AS THERE IS ONLY (1) KIT PER PLAN. DNA KIT PURCHASE IS TO BE MADE BY A NEW CLIENT AND IS NOT THE RESPONSIBILITY OF TFG. CANCELLATION REQUESTS WILL NOT BE ACCEPTED BY ANY 2ND OR 3RD PARTY AND ONLY ORIGINAL PURCHASER; EXCEPTIONS ARE ORIGINAL, NOTARIZED POWER OF ATTORNEY.

5. Billing & Terminating Professional Services Agreement

Upon completion of agreed-upon and purchased a segment of time (3mo, 6mo, 12mo), all Professional Services shall continue on a month-to-month basis without pause billed on the same schedule as pre-existing service. (every 30 days) Should Client elect to terminate services, Client must submit a cancellation request via email to “service@thefitnesguyonline.com ” with the following information:

Subject: Cancellation Request; Client Name, Current Email & Direct Number, Reason for Cancellation.

Cancellation requests must be (21) days prior to the upcoming billing cycle. If cancellation requests are submitted inside of the required (21) days prior to the next billing cycle, the Client understands and accepts they will be billed as scheduled and cancellation will now be in effect for future billing(s). Unused Sessions and/or Services will follow guidelines set forth in Section 4: Cancellation/Refund Policy. Any balances of the Client will need to be satisfied in full prior to the cancellation request being processed.

6. Session, Appointment Cancellation/Reschedule Policy

All sessions, appointments, etc. that the Client wishes to cancel require (12) hours advance notice; Rescheduled appointments, sessions, etc. require (4) hours advance notice. Sessions, appointments, etc. that are not canceled/rescheduled within the allotted time will be charged as per agreement. Validated unforeseen emergency situations can provide exclusion to this policy. TFG has sole discretion.

7. Privacy

TFG shall comply with any applicable laws pertaining to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This shall include but not be limited to encrypted websites, digital forms, signature capture, etc. TFG shall not make visible, accessible, or public any information of Client, directly or indirectly to ANY third party. Selling or sharing of Client information is prohibited by TFG. Exceptions to TFG Privacy Policy have consented to contact between TFG and Client’s physician or other medical professional representatives. A Physician’s Release would be an example of a document that is utilized by TFG that contains Client information. This document is typically faxed, emailed, or hand-delivered.

8. Indemnity

The client understands with accepting the following, Client is referred to hereinafter within Section 6. Indemnity only as “I/Me/My.” I do hereby release, waive, discharge, and covenant not to sue David London, The Fitness Guy and/or any of its officers, servants, agents, consultants, volunteers, heirs, and/or employees from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury (including, but not limited to, death) that may be sustained by me, my heirs or to any property belonging to me, while participating in this program, or while on or upon the premises where the event is being conducted including, but not limited to, any claims arising under negligence. It is my expressed intent that this waiver and release shall bind any and all members of my family including, but not limited to, my spouse/domestic partner if I am alive, and my heirs, assigns, and personal representatives, if I am deceased. It is also my expressed intent that this waiver and release shall also be deemed a full release, waiver, discharge, and covenant not to sue insofar as my aforementioned family members, heirs, assigns, and personal representatives are concerned. I hereby further agree that this waiver and release shall be constructed in accordance with the laws of the State of Washington. In signing this waiver and release, I acknowledge and represent that I have read and understand the foregoing and hereby sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, monetary compensation, apart from the foregoing written agreements have been made; and I hereby execute this waiver and release for valuable consideration, intending to be bound by the same.

9. No Agency

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.

10. Governing Law

This Agreement shall be construed under and governed in accordance with the laws of Washington.

11. Arbitration

Any dispute arising under this contract shall be resolved under the commercial arbitration rules of the American Arbitration Association.

12. Marketing & Social Media

TFG may from time to videotape, take pictures of sessions and/or services being rendered for education, marketing, testimonials, progression, others. In the event Client does not wish to participate and/or requires a modification in that previously stated, Client may elect to “opt-out” with submitting a request to “service@thefitnessguyonline.com ” with the following: Subject: Media Opt-Out/Media Modification; Client Name, Current Email & Direct Number, Reason for Media Opt-Out/Modification.

DISCLAIMER: By submitting your voluntary signature in person, electronically, or both in addition to checking the “I have read and agree to the Terms of Service” box, you do hereby acknowledge, agree and hold yourself responsible for the content written herein. Furthermore, no alterations, addendums are permitted to this disclaimer as well as the preceding document entitled “Terms of Service: Policies, Waivers, Disclaimers.”

The Fitness Guy www.thefitnessguyonline.com

Effective January 01, 2021