Please read the Terms of Use for the Program carefully and in their entirety before purchasing a 30 or 60 minute, In Person Training Tutorial Session (hereinafter referred to as the “Program”). The Program and its content are owned by Refuse and Conquer Fitness LLC.

1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means Refuse and Conquer Fitness LLC.

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

“Program” means a 30 or 60 minute, In Person Training Tutorial Session.

“You”, “Your”, “User” or “Client” means the purchaser and person using the Program.

“Parties” means the Client and Coach collectively.

2. Consent:
By participating in the Program and signing an In Person, Training Tutorial Session waiver, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.

3. The Program
The Parties hereby agree to the following:

Program/Service Description

• 30 or 60 MINUTE, IN PERSON TRAINING TUTORIAL SESSION: to occur for 30 or 60 minutes at the agreed upon location at the set time.
• This is NOT a training plan. It is only an opportunity for the Coach to answer any questions the Client may have in regards to what information the Client has provided upon booking the training session.

4. Payment
The Client will pay the Investment pursuant to the following terms:

Investment: $35 OR $65 depending on the session booked, due at least 12 hours before the agreed upon scheduled training tutorial session when completing the booking online. $35 or $65 due at the time of the session if the Client is booking a 30 or 60 minute training tutorial session in person. Payment may be completed by payment options available at booking.

Late / No Payments:
Payments are due at least 12 hours before the scheduled training session when completing the booking online. Late payments will not be accepted, and the Coach reserves the right to cancel the session. If a payment is not made 12 hours before the scheduled training date when booking a training session online, the Coach will send the Client an email informing them of the canceled session.

Payments are due at time of service if the Client is booking a 30 or 60 minute training tutorial session in person.

The Coach will not perform any additional services for the Client until payment is completed.

5. Refund Policy
The Coach will do everything within her ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. Refunds will not be issued for coaching services already conducted. If, for any reason, the Coach is unable to fulfill her obligations to the Client, the Client will be refunded in full.

6. Term
The Program is conducted in a 30 or 60 minute training interval and begins on the date in the waiver that was initially signed (the “Term”). The Client understands that that agreement and all its terms will apply to that and all future 30 OR 60 minute, in person training tutorial sessions the Client chooses to purchase from the Coach and has initialed as such in the waiver.

7. Client Commitments
The Client agrees to the following as part of the Program:

• The Client shall participate fully in the Training Sessions, and any other part of the program, to the best of his/her ability.
• The Client shall immediately inform the Coach of any issues or difficulties he/she may have with the Training Tutorial Session.
• The Client shall complete payment of the Investment according to the Terms herein.
• The Client shall comply with the Cancellation Policy as agreed upon herein.

8. Coach Commitments
The Coach agrees to the following as part of the Program:

• The Coach shall participate fully and intently in the Training Tutorial Session, to the best of her ability according to the information provided in the application.
• The Coach will support the Client to the best of her abilities in accordance with Section I of this Agreement.
• The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client.

9. Disclaimer
The Client understands that the Coach is a Personal Trainer and Nutrition Coach.

The Coach is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with his/her physician before implementing changes or habits suggested by the Coach. The Client confirms that s/he has or will discuss any and all changes to his/her diet, exercise regimen, supplements, medications, or lifestyle with his/her physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to his/her lifestyle. The Client understands that the Coach is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist.

Further, the Coach has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her life.

10. Cancellations & Rescheduling Appointments
If you are unable to keep an appointment that we have, please provide 24-hour notice to the Coach. The Client can reschedule his/her appointment by email at trainershells@gmail.com or scheduling calendar. If 24-hour notice is not given, the Coach has the right to keep the payment made by the Client.

11. Limitation of Liability
Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

12. Indemnification
Client agrees to indemnify and hold harmless the Coach, Refuse and Conquer Fitness LLC and its agents, employees, representatives, successors and assigns from all direct and third-party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Refuse and Conquer Fitness LLC or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach.

13. ARBITRATION
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Indiana. The arbitration hearing shall be held in the state of Indiana. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Coach.

14. Entire Agreement
This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.

15. Severability
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

16. Applicable Law + Venue
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Indiana, United States as they apply to contracts entered into and wholly to be performed in the State of Indiana, United States. The Federal and State courts within the State of Indiana, United States shall have exclusive jurisdiction to adjudicate any dispute arising out of or from this Agreement.

17. Photograph and Testimonial Release
The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of his/her likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share his/her name or identifying information

By purchasing, signing, and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.

If you have any questions about the Terms of Use, please contact Michelle Cross at trainershells@gmail.com. Thank you.  

Website: www.trainershells.fitness
Email: Michelle at trainershells@gmail.com

Updated on March 19, 2024