T BODY FITNESS

TERMS OF SERVICE & CLIENT AGREEMENT

Effective Date: January 1, 2024

Welcome to T Body Fitness. These Terms of Service and Client Agreement (“Terms,” “Agreement”) govern your purchase and use of personal training, online fitness coaching, workout programs, nutrition and habit coaching, digital products, subscriptions, memberships, consultations, challenges, and other services offered by T Body Fitness (“T Body Fitness,” “we,” “us,” or “our”).

By purchasing a service, enrolling in a program, creating an account, submitting payment information, electronically accepting these Terms, or using our services, you (“Client,” “you,” or “your”) acknowledge that you have read, understood, and agreed to these Terms.

Please read this Agreement carefully before purchasing.

1. SERVICES PROVIDED

T Body Fitness may provide services including, but not limited to:

  • Online fitness coaching

  • Customized workout programming

  • Personal training

  • Virtual coaching

  • In-person training

  • Fitness assessments

  • Accountability coaching

  • Habit coaching

  • Nutrition education

  • Meal-planning guidance where permitted

  • Workout programs and challenges

  • Digital guides and educational materials

  • Trainerize or other fitness-app access

  • Messaging and check-ins

  • Video demonstrations

  • Progress tracking

  • Group coaching

  • Membership or subscription services

  • VIP or premium coaching packages

Specific services, access, frequency of communication, coaching calls, programming, and other benefits depend on the package purchased.

T Body Fitness may modify, improve, discontinue, or replace certain features of a program when reasonably necessary while making reasonable efforts to provide substantially similar value.

2. CLIENT ACCOUNT INFORMATION

Clients are responsible for providing accurate information when registering, including their:

  • Name

  • Email address

  • Phone number when requested

  • Billing information

  • Payment information

  • Health and fitness information

You are responsible for reviewing your information and notifying T Body Fitness promptly if your information changes or is incorrect.

Duplicate or Incorrect Accounts

Clients may occasionally have duplicate profiles, outdated email addresses, or other account discrepancies.

If you believe you received a purchase confirmation, payment request, subscription notice, program invitation, or other communication that was intended for someone else, you agree to notify T Body Fitness as soon as reasonably possible.

T Body Fitness may correct account information, merge duplicate profiles, move services to the appropriate client profile, or otherwise correct administrative account errors.

An incorrect email address, duplicate client profile, or administrative account error does not by itself establish that a client authorized a purchase.

3. PAYMENT AUTHORIZATION

By purchasing a service from T Body Fitness, you authorize T Body Fitness and its payment processors to charge the payment method you provide for the amount and payment schedule disclosed to you at the time of purchase.

This may include:

  • One-time purchases

  • Monthly subscriptions

  • Recurring coaching payments

  • Payment plans

  • Personal training packages

  • Program fees

  • Add-on services

  • Other fees that you have expressly agreed to

Submitting a purchase, clicking a purchase or confirmation button, accepting a payment request, electronically agreeing to a package, or otherwise affirmatively approving a transaction constitutes authorization to process that transaction.

4. SAVED PAYMENT METHODS

When permitted by the payment processor, your payment method may be securely stored for future authorized transactions.

A saved payment method may be used for:

  • Your active recurring subscription

  • An agreed payment plan

  • Training or coaching services you purchase

  • Charges you have specifically authorized

  • Other amounts permitted under an existing agreement with you

The existence of a saved payment method alone does not authorize T Body Fitness to make unrelated purchases or charges on your behalf.

Payment card information is generally processed and stored by third-party payment providers rather than directly by T Body Fitness.

5. RECURRING SUBSCRIPTIONS & AUTOMATIC RENEWAL

Some T Body Fitness coaching packages operate as recurring subscriptions.

When you purchase a recurring product, you authorize your payment method to be charged automatically according to the billing frequency shown at checkout until the subscription is canceled in accordance with this Agreement.

Depending upon your selected package, billing may occur:

  • Monthly

  • Every four weeks

  • On another clearly disclosed recurring schedule

You understand that your recurring payment may be processed automatically without requiring you to manually approve each individual renewal.

By enrolling, you authorize these recurring transactions.

6. PRICE CHANGES

T Body Fitness may change pricing for future services.

Existing subscribers will receive reasonable notice before a change affects future recurring billing when required.

A price change will not retroactively alter charges already incurred.

7. BILLING ERRORS & ACCIDENTAL TRANSACTIONS

T Body Fitness takes billing accuracy seriously.

If an administrative, technical, account, or payment-processing error results in an incorrect charge, T Body Fitness may investigate the transaction and, when appropriate:

  • Void the transaction

  • Issue a refund

  • Issue a partial refund

  • Apply an account credit

  • Correct the client account

  • Transfer the purchase to the proper account

  • Take another reasonable corrective action

Clients agree to contact T Body Fitness promptly after discovering a suspected billing error.

Reporting Billing Concerns

Billing questions should be sent to:

Tanya@TBodyFitness.com

Please include:

  • Your full name

  • Email associated with your account

  • Date of the transaction

  • Amount of the transaction

  • A brief explanation of the concern

T Body Fitness may request reasonable additional information needed to investigate the transaction.

Nothing in these Terms is intended to make an unauthorized transaction valid merely because a payment method was previously stored.

8. DISPUTED TRANSACTIONS & CHARGEBACKS

If you believe a charge is incorrect, you are encouraged to contact T Body Fitness first so we have an opportunity to investigate and resolve the matter.

Submitting a chargeback does not automatically terminate an active subscription or coaching agreement unless otherwise required by law or confirmed by T Body Fitness.

T Body Fitness may provide the payment processor with records relevant to a disputed transaction, including:

  • Purchase records

  • Subscription records

  • Electronic acceptance records

  • Transaction dates

  • Payment confirmations

  • Client communications

  • Login or service-access information

  • Coaching records

  • Cancellation requests

  • Other documentation related to the transaction

T Body Fitness will not knowingly submit false information in connection with a payment dispute.

9. CANCELLATIONS

Recurring coaching services remain active until properly canceled.

Unless a particular package states otherwise, cancellation requests should be made before the next scheduled billing date.

Cancellation stops future renewal charges but does not ordinarily reverse charges for services already purchased or provided.

Clients may contact:

Tanya@TBodyFitness.com

for assistance with cancellations.

If cancellation functionality is available directly within the purchasing platform or app, clients may also use that method.

10. REFUND POLICY

Because coaching services involve professional time, program creation, account setup, communication, digital access, and individualized planning, payments are generally non-refundable once services have begun, except:

  • When required by law

  • When T Body Fitness determines that a billing error occurred

  • When a transaction was not authorized

  • When a specific product states a different refund policy

  • When T Body Fitness approves an exception

Failure to participate, complete workouts, check messages, attend coaching calls, or use available services does not automatically entitle a client to a refund.

Results are not guaranteed.

11. MISSED PERSONAL TRAINING SESSIONS

For scheduled personal training appointments, clients should provide at least 24 hours' notice when canceling or rescheduling unless a different policy has been provided for the applicable package.

A session canceled without sufficient notice or missed without notice may be counted as used.

Exceptions may be made at T Body Fitness's discretion for emergencies or extraordinary circumstances.

Repeated cancellations may result in modification or termination of the training relationship.

12. COACHING COMMUNICATION

Response times may vary based on the client's coaching level.

“Unlimited messaging,” when included in a package, means clients may send messages without a predetermined numerical message limit. It does not guarantee:

  • Immediate responses

  • 24-hour availability

  • Emergency assistance

  • Medical assistance

  • Responses during every evening, weekend, holiday, vacation, or personal absence

T Body Fitness will make reasonable efforts to respond within the expectations established for the client's coaching package.

13. FITNESS & HEALTH ACKNOWLEDGMENT

You understand that physical activity involves inherent risks.

These risks may include, among other things:

  • Muscle soreness

  • Strains

  • Sprains

  • Falls

  • Dizziness

  • Fainting

  • Cardiovascular complications

  • Joint injury

  • Aggravation of an existing condition

  • Serious injury

  • Death in rare circumstances

You voluntarily choose to participate in physical activity and accept the normal and inherent risks associated with exercise.

14. MEDICAL CLEARANCE

You are responsible for determining whether you are physically able to participate in an exercise program.

You agree to consult an appropriate healthcare professional before beginning or modifying an exercise program when medically advisable, particularly if you:

  • Have cardiovascular disease

  • Have high blood pressure

  • Are pregnant

  • Recently gave birth

  • Recently underwent surgery

  • Have an orthopedic injury

  • Have a metabolic condition

  • Have diabetes

  • Take medication affecting exercise tolerance

  • Experience chest pain

  • Experience unexplained dizziness

  • Have another condition that may affect exercise safety

T Body Fitness may request medical clearance before providing or continuing certain services.

15. NOT MEDICAL CARE

T Body Fitness provides fitness education and coaching.

T Body Fitness does not provide medical diagnosis or treatment.

Information provided through coaching, the website, Trainerize, email, social media, downloadable materials, or other communications should not be considered a substitute for professional medical care.

Never disregard medical advice because of information received from T Body Fitness.

For an emergency, contact emergency medical services.

16. NUTRITION INFORMATION

Nutrition education provided by T Body Fitness is intended for general fitness, wellness, and educational purposes unless services are being provided by an appropriately licensed professional acting within their professional scope.

T Body Fitness does not diagnose or treat:

  • Eating disorders

  • Food allergies

  • Nutrient deficiencies

  • Diabetes

  • Gastrointestinal diseases

  • Hormonal disorders

  • Other medical conditions

Clients with medical nutrition needs should consult a physician, registered dietitian, or other appropriately licensed healthcare professional.

17. CLIENT RESPONSIBILITIES

You agree to:

  • Provide truthful health information

  • Inform T Body Fitness of relevant injuries or limitations

  • Exercise within your capabilities

  • Stop exercising if you experience concerning symptoms

  • Follow appropriate equipment instructions

  • Maintain a reasonably safe training environment

  • Use appropriate footwear and equipment

  • Seek medical care when necessary

  • Communicate concerns promptly

  • Maintain accurate contact and billing information

You remain responsible for decisions regarding your body, health, exercise intensity, and participation.

18. ONLINE TRAINING RESPONSIBILITY

T Body Fitness cannot physically inspect your surroundings during independently completed or virtual workouts.

Before exercising, you are responsible for ensuring that:

  • You have adequate space

  • Flooring is reasonably safe

  • Equipment is functioning properly

  • Weights are secured appropriately

  • Children, pets, furniture, and other hazards are out of your workout area

  • Exercises are appropriate for your ability

If an exercise causes sharp pain, unusual dizziness, chest pain, significant shortness of breath, or another concerning symptom, stop exercising and seek appropriate medical attention.

19. RESULTS DISCLAIMER

Individual results vary.

Results may be influenced by factors including:

  • Consistency

  • Nutrition

  • Sleep

  • Stress

  • Genetics

  • Age

  • Hormones

  • Medication

  • Medical conditions

  • Exercise intensity

  • Training history

  • Lifestyle

  • Program adherence

T Body Fitness does not guarantee a specific:

  • Weight loss

  • Body-fat percentage

  • Muscle gain

  • Clothing size

  • Appearance

  • Strength level

  • Medical outcome

  • Timeframe

Testimonials or transformations represent individual experiences and are not guarantees of future results.

20. CLIENT PROGRESS INFORMATION

You may voluntarily provide information including:

  • Body weight

  • Measurements

  • Progress photographs

  • Workout performance

  • Habit tracking

  • Nutrition information

  • Fitness assessments

This information may be used to provide your coaching services.

Your progress photographs or identifiable information will not be publicly used for marketing without permission, except as otherwise expressly authorized by you.

21. INTELLECTUAL PROPERTY

T Body Fitness programs and materials are for the purchasing client's personal use only.

This includes:

  • Workout programs

  • Exercise programming

  • Videos

  • PDFs

  • Guides

  • Meal-planning materials

  • Graphics

  • Templates

  • Checklists

  • Educational materials

  • Challenges

  • App content

You may not reproduce, distribute, resell, publish, upload, share, sublicense, or commercially exploit T Body Fitness materials without written permission.

Your purchase grants you a limited, personal, non-transferable right to use the materials provided to you.

22. ACCOUNT SHARING

Client accounts and coaching services are intended for the individual who purchased them.

You may not share:

  • Login credentials

  • Programs

  • Paid videos

  • Coaching access

  • Digital downloads

  • Training plans

with another individual unless specifically authorized.

23. THIRD-PARTY PLATFORMS

T Body Fitness may use third-party providers such as fitness apps, payment processors, email providers, scheduling systems, website platforms, video services, or other technology companies.

These platforms may experience:

  • Outages

  • Delays

  • Technical errors

  • Notification failures

  • Payment-processing issues

  • Account synchronization issues

T Body Fitness is not responsible for interruptions outside its reasonable control but will make reasonable efforts to address service issues affecting clients.

Use of third-party services may also be subject to those providers' separate terms and privacy policies.

24. APP AND TECHNOLOGY ACCESS

Access to the coaching app may depend upon having an active qualifying subscription.

Upon cancellation or termination, access to:

  • Workouts

  • Messaging

  • Videos

  • Progress tracking

  • Program materials

  • Other app features

may be removed.

Clients should retain copies of personal information they wish to keep where the platform allows.

25. PROHIBITED CONDUCT

T Body Fitness may suspend or terminate services for conduct including:

  • Harassment

  • Threats

  • Abusive communications

  • Fraud

  • Intentional misuse of payment systems

  • Unauthorized sharing of programs

  • Illegal activity

  • Repeated violations of these Terms

  • Conduct that reasonably threatens the safety of the trainer or another client

When appropriate, T Body Fitness may provide notice before termination.

26. ASSUMPTION OF RISK

By participating in T Body Fitness activities, you knowingly and voluntarily assume the inherent risks associated with exercise and physical training.

You acknowledge that no exercise program can eliminate all risk of injury.

You agree to exercise reasonable judgment and communicate physical limitations to your coach.

27. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, T Body Fitness will not be responsible for indirect, incidental, special, consequential, or punitive damages arising from use of its services.

Nothing in these Terms is intended to waive rights that cannot legally be waived or to excuse liability that cannot legally be excluded under applicable law.

28. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold T Body Fitness harmless from claims resulting from your:

  • Intentional misconduct

  • Misuse of programs or services

  • Unauthorized sharing of materials

  • Material violation of this Agreement

This provision does not require you to indemnify T Body Fitness for conduct for which indemnification is prohibited by law.

29. MINORS

Clients under 18 must have authorization from a parent or legal guardian before participating in paid services unless otherwise permitted by law.

A parent or guardian purchasing services for a minor accepts responsibility for the minor's participation and payment obligations.

30. PRIVACY

T Body Fitness collects information necessary to operate its business and provide coaching services.

More information about how information is collected, used, stored, and shared should be provided in the T Body Fitness Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference where applicable.

31. ELECTRONIC COMMUNICATIONS

By creating an account or providing your email address or phone number, you consent to receive transactional communications related to your services, including:

  • Receipts

  • Account notifications

  • Appointment reminders

  • Billing notices

  • Program information

  • Coaching communications

Marketing communications will be handled in accordance with applicable law and available opt-out requirements.

32. ELECTRONIC AGREEMENT

Electronic acceptance of this Agreement has the same intended effect as signing a paper agreement.

By clicking a button such as:

“I Agree,” “Accept,” “Purchase,” “Subscribe,” “Confirm Purchase,” or similar language

you acknowledge that you are entering into an agreement with T Body Fitness.

Transaction records and electronic acceptance records may be retained as evidence of the agreement.

33. CHANGES TO THESE TERMS

T Body Fitness may update these Terms from time to time.

Material changes affecting existing subscriptions will be communicated when reasonably necessary or legally required.

The version in effect at the time of a transaction will generally govern that transaction unless applicable law requires otherwise.

34. GOVERNING LAW

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles.

To the extent permitted by law, legal proceedings related to these Terms will be handled in an appropriate court having jurisdiction in or serving Medina County, Ohio, unless applicable consumer law requires otherwise.

35. SEVERABILITY

If any portion of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

36. NO WAIVER

Failure by T Body Fitness to enforce a provision of this Agreement on one occasion does not waive the right to enforce that provision later.

37. ENTIRE AGREEMENT

These Terms, together with:

  • The applicable product description

  • Checkout terms

  • Cancellation policy

  • Privacy Policy

  • Any separate written coaching agreement

constitute the agreement between the client and T Body Fitness regarding the applicable services.

If a separately signed agreement contains terms that conflict with these general Terms, the more specific agreement will control for the service it addresses.

38. CONTACT

Questions regarding these Terms, cancellations, subscriptions, or billing may be sent to:

T Body Fitness Email: Tanya@TBodyFitness.com Website: TBodyFitness.com

CLIENT ACKNOWLEDGMENT

By purchasing or enrolling in T Body Fitness services, I acknowledge that:

I have read and understand the T Body Fitness Terms of Service and Client Agreement. I understand the payment, automatic renewal, cancellation, refund, health, fitness, and assumption-of-risk provisions contained within this Agreement, and I voluntarily agree to them.