TERMS OF SERVICE

Thank you for purchasing your program through Fitness F1rst by Georgia Chappell (“Product”). All sales are final for this Product. By completing the Product check-out, you ("Customer") agree to the following terms and understand that you will be charged the full amount upon checkout. Through rendering initial payment, Customer agrees to the following terms and conditions of this Agreement (“Agreement”) in their entirety:

1. INTRODUCTION

GEORGIA CHAPPELL (“Company”) is a company that provides individuals with online workouts and fitness education. Company has created the [Daily Workouts, Daily Workouts + Coach’s Eye, Customized Workout Programming] ("Product") to provide Client with his/her exercise regime utilizing video demonstration for proper techniques. 

The Product is a renewing 1-month program including five (5) workouts per week assigned through TruceCoach.

2. TERM

This Term of Agreement shall commence on the day payment is received and will renew one (1) month hereinafter unless written notice is provided by email to HELLO@FITNESSF1RST.CA. 

3. DISCLAIMERS

For the purposes of this Agreement, the Company is not an doctor, nurse, registered dietician, physical therapist, occupational therapist, psychiatrist, psychologist, therapist,  master of science in nutrition, certified personal trainer, public relations manager, social media manager,  business operations manager, financial analyst, business executive, or other agent of Client’s needs. Client understands that the Product has been designed by Company with the ultimate goal of helping Client reach his/her fullest potential through utilizing proper exercise techniques. Through the Product, the Company might provide guidance regarding fitness, exercise or nutrition decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself.

This Product does not include: 1) professional advice regarding eating disorders; 2) performing any physical and/or occupational therapy services for Client; 3) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 4) in-person personal training services; 5) medical advice; 6) advice regarding injuries, health conditions, and/or other defects.

Client agrees that Company is not responsible for any physical injuries, diseases, illnesses, or other health conditions that might arise during or after the Program. Client agrees to hold Company harmless of any liability regarding any diagnosis of any such injury or health condition that arises during or after the Program. If Client is aware of a pre-existing injury, disease, or health condition, Client hereby acknowledges that he or she has consulted a doctor. By signing this Agreement, Client hereby acknowledges that he or she has been cleared by a doctor to continue with the Product, Coaching Services, and the Program. 

Client hereby acknowledges that Client is solely responsible for the amount and type of progress that Client achieves by implementing techniques and advice provided by Company. Client also acknowledges that Company cannot and does not guarantee that implementation of the Coaching Services and Program will provide Client with a physical or health transformation. Client also agrees that he/she is solely responsible for any decision regarding his/her personal health and indemnifies Company from any liability regarding said decision. 

4. PROGRAM SPECIFICS

The Product includes five workouts per week each month via TrueCoach, which includes pre-recorded videos. Client will have the ability to track all metrics (scores, weights, body composition) for their own knowledge. Client will have no coaching with Daily Workouts.

5. CLIENT’S RESPONSIBILITIES

The Product has been developed for educational purposes only. The Company has established its proprietary Product in order to educate and inspire Customer to pursue his/her health and fitness goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply [Daily Workouts].

Nevertheless, Customer acknowledges that he/she can optimize her potential results from the Product by adhering to the following: 

  • Completion of all workouts provided; 

  • Thoughtful and meaningful participation in workouts;

  • Taking 100% responsibility for Customer’s results, 100% of the time.

6. PAYMENT & FEES


Client hereby agrees to pay in accordance with one of the following plans:

PAYMENT

(a) Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Product, regardless of what payment option Client selects at checkout. 

(b) If Client selects a payment plan option, Client authorizes Company to charge the card or account used at checkout to complete all payments pursuant to the payment plan. 

(c) Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees.


7. REFUND POLICY

In no event shall Client be entitled to any refunds of amounts previously paid and Client remains responsible for all payments due under this Agreement. All refunds are subject to the discretion of GEORGIA CHAPPELL.

Client is allowed to move between programs as they wish after completion of their current monthly program with a minimum of one (1) weeks notice to Coach. 

Client will give Coach a minimum of one (1) weeks notice before cancelling their membership, if not followed, Client is subject to paying their next month’s membership fee. 

8. TERMINATION

 Company is committed to providing quality service to all Clients. However, from time to time, situations arise that require the Company to terminate the Agreement before the Term ends. As such, Company reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) Client fails to follow Program guidelines; 2) Client is abusive or harasses Company or other members of Company; 3) Client refuses to pay or does not pay within the schedule outlined in Section 8 above; 4) Client proves to be difficult to work with. If any of the following causes Company to terminate the Agreement, Client is still liable to pay the entire cost of the Agreement. 

Seven (7) days notice is required for the client to terminate the Agreement, written notice must be provided by email to HELLO@FITNESSF1RST.CA. Note in the case of a refund, any payments that are made through www.fitnessf1rst.ca, are subject to a 2.9% processing fee and any difference in exchange rate between the date of purchase and date of refund.


9. NON-DISCLOSURE & CONFIDENTIALITY

Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Product. As such, Customer agrees and acknowledges all Confidential Information shared through this Product and by the Coach is confidential, proprietary, and belongs exclusively to the Company.

“Confidential Information” includes, but is not limited to:

  • Any systems, sequences, processes or steps shared with Customer;

  • Any information disclosed in association with this Agreement;

  • Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices.

Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.


10. INTELLECTUAL PROPERTY & LIMITED LICENSE


Intellectual Property -  This Product and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and  within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). 

Limited License -  Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Customer acknowledges that his/her purchase of this Product is for his/her/its individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise. 

If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:

  • Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;

  • Copying any of Company’s Product content and/or material for Customer’s commercial use;

  • Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent. 

11. INDEMNIFICATION / LIMITATION OF LIABILITY

Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation in [Daily Workouts], including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product. 

12. MISCELLANEOUS

  1. Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.

  2. Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

  3. Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

  4. All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us. 

  5. Governing Law - Company is located in Canada and is subject to the applicable laws governing Canada. The governing law for this agreement is the laws of Ontario.

  6. Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration. 

  7. Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment.