Terms of Service

Updated on July 07, 2020

Standard Terms

• All parties associated with this agreement understand and agree to the following terms and conditions.
• This is an agreement between John Welborn Fitness Trainer, LLC (hereby known as “the Company”)  and the undersigned (hereby known as “the Client”). Client acknowledges to be over the age of eighteen(18). If under eighteen, Client must agree to these terms and conditions along with a legal parent/guardian.
• Company reserves the right to amend the Terms and Conditions from time to time in its sole discretion and, by submitting this agreement at any time, Client acknowledges that Client has read, understands and agrees to be bound by the current Terms and Conditions in use at that time.
• The Company reserves the right to accept or deny the request for coaching services at any time, for any reason.
• Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
• A failure or delay by The Company to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by the Company does not preclude its future exercise or the exercise of any power or right by or on behalf of the Company.
• If a provision of these Terms and Conditions is declared or determined by any court to be void, invalid or unenforceable at law, that provision is hereby severed from and deemed not to be part of these Terms and Conditions, and the remaining provisions will continue to apply with such deletions or modifications as necessary to make them valid, effective and enforceable. Removal of any provision of these Terms and Conditions will not affect the validity of what remains.
• These Terms and Conditions are governed by, construed and enforced in accordance with the laws of Oregon, United States. Disputes arising from these Terms and Conditions are exclusively subject to the jurisdiction of the courts of Oregon, United States.
• The Client agrees to electronically signing this agreement and acknowledges electronic signatures to be legally binding.

 

Survival

• The obligations regarding Confidential Information, Intellectual Property, Indemnity and the exclusions and limitations of liability made by the Company in these Terms and Condition will survive termination of these Terms and Conditions.

 

Intellectual Property And Ownership Rights

• Client agrees that though a service or program may be given to the Client, all intellectual property is owned by the Company. Therefore, the Client agrees to not share, sell, or redistribute the Company’s products or services in any manner, for any reason.

 

Collections

• I understand if I have an unpaid balance with John Welborn Fitness Trainer, LLC and do not make satisfactory payment arrangements, my account may be placed with an external collection agency. I will be responsible for reimbursement of any fees from the collection agency, including all costs and expenses incurred collecting my account, and possibly including reasonable attorney’s fees if so incurred during collection efforts. In order for John Welborn Fitness Trainer, LLC or their designated external collection agency to service my account, and where not prohibited by applicable law, I agree that John Welborn Fitness Trainer, LLC and the designated external collection agency are authorized to (i) contact me by telephone at the telephone number(s) I am providing, including wireless telephone numbers, which could result in charges to me, (ii) contact me by sending text messages (message and data rates may apply) or emails, using any email address I provide and (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable.

 

Exclusion And Release of Liability

• The Client agrees to advise the Company in writing of any pre-existing medical condition(s) which may affect your ability to safely receive services or if you consider at any stage that there is a risk to your health if you participate in the agreed upon services. You agree to provide complete and accurate information as to the details provided to enable the assessment of Your Application and agree to seek medical advice from your physio/doctor before commencing your training.
• The Company, nor its  directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, injuries, lack of results, negligence, or actions taken by the Client. There may be risks associated with participating in any service delivered by the Company for people in poor health or with pre-existing medical, physical or mental health conditions. We therefore recommend that the Client obtain medical advice before undertaking this program and state that the Client must not participate in any meal plan or exercise routine if the Client is in poor health or has a pre-existing medical, mental or physical condition. If the Client chooses to participate or utilize the meal plans or exercise routines offered despite the existence of such risks, the Client does so under free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right now.
• As with any exercise program you assume certain risks to your health and safety. Any form of exercise program can cause injuries, and this is no exception. It is possible that you may become injured doing the exercises in your program, especially if you do not have a base level of fitness or if they are done incorrectly with poor form. Although thorough instruction is included on form for each exercise, realize that the Company’s services (like any other exercise program) does involve a risk of injury. If you choose to participate in the program despite the existence of these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those who are currently in good health right now.
• This website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the meal plans or exercise programs available should be performed or otherwise used without clearance from your physician or health care provider first. The information obtained through services from the Company is general information only and does not constitute specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing should be misconstrued to mean otherwise. The Company is not a medical doctor. Any advice whether it be on a website, program, meal plans, or via email coaching, none of it is meant as a substitute for medical advice. The Client must consult a doctor before beginning ANY meal plan or exercise program, no exceptions. You are using the Company’s programs, workouts, and coaching at your own risk and the Company  is not responsible for any injuries or health problems you may experience or even death as a result of working with the Company.
• Buyer acknowledgment and assumption of risk and full release from liability of john welborn fitness trainer, llc. buyer acknowledges these physical activities involves the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heart prostration, knee/lower back/foot injuries and any other illness, soreness, or injury however caused, occurring during or after buyer’s participation in the physical activities. buyer further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a buyer, slip and fall by buyer, or an unknown health problem of buyer. buyer agrees to assume all risk and responsibility involved with participation in the physical activities, buyer affirms that buyer is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. buyer acknowledges participation will be physically and mentally challenging, and buyer agrees that it is the responsibility of buyer to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability of buyer to take part in john welborn fitness trainer, llc physical activities. By signing this agreement, the buyer asserts that he or she is capable of participating in the physical activities. buyer agrees to assume all risk and responsibility for not exceeding his or her physical limits.
• Participating in an exercise program inevitably results in the Client interacting with other people. The Client understands that there are risks associated with that that include, but are not limited to, coronavirus (COVID-19), the common cold, the flu, HPV virus, bloodborne pathogens, and more. The Client releases the Company from any and all legal or financial liability, negligence, or responsibility for any such occurrence. 

 

Payment Dues

• The Client agrees to engage in online bill-pay with the Company. In ordering, paying, or attempting to pay for these services, The Client agrees to have not engaged in any fraudulent conduct or contravened any law.
• Unless paid-in-full, payment dues will be automatically charged monthly at the agreed price until cancelled, terminated, or the agreement timeline is fulfilled. 
• Payment dues must be paid on or before the date of initial enrollment. The Client is responsible to pay any and all outstanding balances, late payment fees, recovery fees, and failed payment fees.
• Besides paid-in-full agreements, the debit/credit card presented by the Client at the time of enrollment will be charged by the Company on, or the immediate business day following the date of initial enrollment of each month until the membership is terminated in accordance with this agreement.

 

Missed Appointments

• The Client is solely responsible for scheduling and attending all scheduled appointments/sessions. If the Client schedules a session and must reschedule, a 12 hour notice is required. If the Client does not abide by this notice policy, a $5 fee will be charged to the Client.
• Missed appointments or lack of scheduling does not warrant any refunds for the Client and does not nullify the terms of this agreement.
• The Company is required to be available for the Client’s scheduled appointment. However, some appointments do overlap, resulting in the Company either running late to the appointment or cancelling all together. The Company may delay, cancel, or reschedule any appointment, at any time, without notice, and without penalty.

 

Failed Payments

• The Client is responsible and agrees to pay for services within this agreement. Failure to pay monthly dues on time will result in a $5 late fee for every subsequent day that payment is outstanding. If a balance is left outstanding for more than one(1) month with no attempt to reconcile the account, the Client’s agreement will be sent to collections where all outstanding balances, including recovery fees, late payment fees, and failed payment fees will be due IN FULL, paid at once.

 

Refunds

• Unless mistakenly charged, the Company operates on a strict “no refunds” policy and the Client agrees that all payments and signed agreements are final. Periodically, the Company does make mistakes and may accidentally charge a card that has been appropriately cancelled. The Company agrees to refund such a payment within 48 hours of the charge. The Client agrees to not hold the Company responsible for any overdraft or other bank fees that may be associated with such an occurrence.
• The Client agrees that results, lack-thereof, injury, illness, negligence, or any other circumstance besides being mistakenly charged does not qualify for any refund or compensation. There are no refunds for unused visits, sessions, company closures, or usages of the Company’s products or services and all purchases are non-refundable.

 

Cancelling Or Pausing Services: Month-To-Month Agreements

• Month-to-month agreements are run on a strict “30-day email written notice” policy in congruence with the Client’s bill date for both cancellations and pausing requests.
• If the Client wishes to cancel a month-to-month agreement, the Client agrees to give the Company a 30-day email written notice a full 30-days prior to the next scheduled payment. If this notice is not followed properly, the Client will be charged for one final billing cycle plus any outstanding fees. After the appropriate action has been taken, the Company agrees to cancel all recurring billing.
• If the Client does not send a written notice whatsoever, payments will continue to be charged without restriction.
• If the Client wishes to pause a month-to-month agreement, the Client agrees to give the Company a 30-day email written notice a full 30-days prior to the next scheduled payment. If this notice is not followed properly, the Client will be charged for one final billing cycle plus any outstanding fees. After the appropriate action has been taken, the Company agrees to pause all recurring billing for a maximum of two(2) months. Upon the resolution of the second(2nd) month, the Company will resume all recurring billing without restriction.
• Should the Client request to pause their month-to-month billing, the Client must resume payment and may not subsequently cancel prior to payments resuming.
• The Client may only pause their month-to-month agreement once every twelve(12) months.
• If the Client refuses to abide by the rules of the above, The Company will send this agreement to collections in which the Client will be responsible to pay any and all outstanding balances, late payment fees, recovery fees, and failed payment fees IN FULL, paid at once.

 

Cancelling Or Pausing Services: Term Agreements

• If the Client wishes to cancel a term agreement prior to its proper resolution, an “email written cancellation request” is required.
• If the Client wishes to cancel a term agreement prior to its proper resolution, there is a cancellation fee equivalent to 75% of the total still owed for the service plus any outstanding fees. This payment must be made IN FULL. Upon receiving payment, the Company agrees to cancel further payments with the Client.
• If the Client wishes to pause a term agreement prior to its proper resolution, the Client may only do so once 50% of the total program price has been paid.
• If the Client is eligible to pause their term agreement, they may do so for a maximum of two(2) months. Upon the resolution of the second(2nd) month, the Company will resume all recurring billing without restriction.
• Should the Client request to pause their term agreement, the Client must resume payment and may not subsequently cancel prior to payments resuming.
• The Client may only pause their term agreement once every twelve(12) months.
• If the Client refuses to abide by the rules of the above, The Company will send this agreement to collections in which the Client will be responsible to pay any and all outstanding balances, late payment fees, recovery fees, and failed payment fees IN FULL, paid at once.

 

Sickness Or Incapacity

• The Client may cancel any agreement with the Company upon providing the Company with a written notice in conjunction with a medical certificate stating that they are permanently sick or permanently disabled. If you cancel this agreement under this clause, you will be released from making further payments but must pay a $200 cancellation fee plus any unpaid, failed payment fees outstanding for the time already elapsed and the services already provided. The Client is not allowed to utilize this cancel clause if the Client contracts the coronavirus (COVID-19) or any other temporary or common illness or injury.
• Pertaining to in-person services, the Client is not allowed to attend any in-person sessions if the Client is sick.
• The Client will not receive any refunds for unused services due to illness or injury.

 

Closures

• Periodically, the Company will close for holidays, vacations, sickness of staff, weekends, inclement weather, or unforeseen acts that can not be predicted. The Client agrees that these situations do not warrant a refund nor does it cause a violation of this agreement.
• If the Client is receiving services in-person when the Company closes for an unforeseen amount of time (usually due to weather conditions, extended vacations, or health reasons), the Client agrees that any scheduled payments will continue to be charged without restriction and the Client will be moved to an online service.
• Closures of the Company does not justify breaching this agreement in any way.