Services, Terms & Conditions

Program Description

Exerscience Fitness LLC Online Coaching and Physical Education will include:

• An initial assessment that includes a client Intake/ questionnaire form and a movement

  assessment.

• A customized training program that educates on proper movement and loading strategies.
• Access to a private training app to view all workouts and keep track of progress.
• Monthly video call with your coach.
• 24 hour response time.

Expectations

During the program, you can expect that Exerscience Fitness LLC will:

• Be on time without distractions and come fully prepared to each monthly coaching call ready to

  listen and answer all of your questions throughout the program.

• Provide you with any resources, tools and strategies that you need in order to be successful.
• Make adjustments to training when needed.
• Serve as your accountability partner.
• Provide you with support, encouragement, feedback and guidance.

  During the program, Exerscience Fitness LLC expects that you will:

• Use the training app to track your workouts.
• Record and send exercise videos for form feedback every week.
• Take your measurements and weight monthly.
• Be on time without distractions and come fully prepared to each monthly coaching call.
• Be open to try new things, be coachable, ask questions, be honest at all times, and

  communicate any issues that arise.

• Ask for help when you need it and communicate any concerns.

Scheduling Coaching Calls

• All coaching calls will be scheduled on Calendly.
• Coaching calls can be on Discord, Zoom, Google Meet.

Cancellation or Rescheduling

If you need to cancel or reschedule a coaching call for any reason, notify your coach at least 24 hours prior to the scheduled session. Failure to notify your coach 24 hours in advance may result in your coaching call being forfeited without the opportunity to reschedule.

Support and Feedback

Being accessible and attentive to our clients is a priority. Our working hours are weekdays 10:00am - 7:00pm in the given time zone the coach is in. For technical support, please always first contact your coach.

All messages will be answered within 24 hours.

Investment

You agree that you are financially willing and able to invest in this program by choice, and that by doing so, you are not incurring any economic hardship in any way. If a payment cannot be made, your program will be put on hold until you are able to make a payment. You are agreeing to 12 weeks of online coaching and physical education using the monthly pay option that coincides with your program of choice.

• Basic $279 first month, followed by $179 a month with a three month commitment, includes up to three days of programming.
• Premium $349 a month with a three month commitment, includes up to five days of

  programming.

• Virtual Personal Training two times a week. $600 a month.
• Virtual Personal Training three times a week. $800 a month.

Refund Policy

We want you to be happy with your program, however, it is your responsibility to bring up any concerns immediately. We will do our absolute best to run this program in a way that works best for you and accommodate you with any needs. However, if you do not address your concerns, we are not responsible for any claims. If for some reason you are not satisfied you may stop the program during the two week free trial or after the three month commitment. If you decide to withdraw for any reason, there will be no refunds.

If the client terminates the agreement, any outstanding payments for services that already have been provided to date will be due immediately.

Confidentiality

Confidentiality is important to us. We will keep all information exchanged between us during the program confidential. We will not disclose any information that you share with us during the program to anyone else unless: (1) they have a legitimate reason to know such information as a member of our team or staff, (2) when required by law, or (3) you have given us prior written permission.

Intellectual Property Rights

Exerscience Fitness LLC retains all ownership and intellectual property rights to the program content and materials provided to you through the program, including all copyrights and any trademarks belonging to Exerscience Fitness LLC. The program content and materials are being provided to you for your individual use only and with a single-user license which 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 program or program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without the prior written permission from Exerscience Fitness LLC.

Personal Responsibility & Assumption of Risk

You acknowledge that you take full responsibility for yourself and all decisions made before, during and after your program. You accept full responsibility for your choices, actions and results before, during and after this program, and you knowingly assume all of the risks of the program related to your use, misuse, or non-use of the program or any of the program materials. You understand and agree that you are solely responsible for your results.

Disclaimer

Exerscience Fitness LLC have used care in preparing the information provided to you, but this program and our program materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through this program. You agree that Exerscience Fitness is not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this program. Nothing related to this program is intended to be considered medical, mental health, legal, financial, or religious advice in any way. For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. Do not start or stop taking any medications because of anything you have read or received through this program. Any recommendation of any supplements or other products, etc. is simply offered for educational purposes, and you need to check with your own medical professional before using any of these products on, in or near your body in any way.

Limitation of Liability, Indemnification, and Release of Claims

Exerscience Fitness LLC will not be held responsible in any way for the information that you request or receive through this program, including our services, products, and program materials and any other information you have received from or through us related to this program. You agree that you fully and completely hold harmless, indemnify and release me 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 Exerscience Fitness in the future that may arise from your participation in the program, including all services, products, and program materials, to the extent permitted by applicable law.

Other Important Terms

Termination: If either party want to terminate the agreement at any time, we both agree to notify the other at least 3 days in advance via e-mail. Even after termination by either of us, all of the terms of this agreement, including all of the investment, refund policy, and intellectual property terms, will still apply to both parties now and in the future.

Notice

All correspondence or notice required regarding the program shall be made to Exerscience Fitness LLC by e-mail at info@exerscifit.com and to you at the email address you provided during your enrollment in the program. Should your email address, billing information, or contact information change at any time throughout the program, it’s your responsibility to provide your updated information to Exerscience Fitness within 3 days of any change.

Entire Agreement, Assignment, Survivability and Waiver

This agreement contains our entire agreement. This agreement may be modified or amended at any time as long as the amendment is in writing and signed by both parties. You may not assign your rights or obligations under this agreement to anyone else, and the obligations under this agreement shall survive indefinitely unless otherwise stated in this agreement. If Exerscience Fitness LLC chooses to waive or not enforce one or more terms of this agreement, it does not in any way limit Exerscience Fitness LLC's right to later enforce every part of this agreement.

Governing Law

This agreement shall be governed by the laws of the State of Florida.

Dispute Resolution

Should either party have any differences, it is hoped that the differences can be worked out amiably through e-mail correspondence. However, if we are unable to seek resolution in 14 days, we 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 parties, unless both parties 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 damage, may be granted to you. Both parties 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 Miami-Dade County in the State of Florida where the principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

Non-Disparagement

If there is a dispute between parties, you agree to not publicly or privately make any negative or critical comments about the program, business or any members of the business, or to communicate with any other individual, company or entity in a way that disparages the program or harms Exerscience Fitness LLC's reputation in any way, including on social media. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.