Terms of Use

These Terms of Use (“Terms”) are an agreement between you and BodyFit Coaching LLC (“BodyFit,” “we,” “us”), a Colorado limited liability company. They cover your use of the BodyFit Coaching app, trainwithbodyfit.com, our online coaching, our in-person personal training and our small-group classes (together, the “Service”).

By creating an account, buying a plan, session or class, or using the Service, you agree to these Terms and confirm you have read our Privacy Policy and Consumer Health Data Privacy Policy. If you don’t agree, please don’t use the Service.

The key points:

• You must be 18 or older.
• We are fitness coaches, not doctors. Check with your doctor before starting any program. You take part at your own risk (section 3).
• You must sign our liability waiver before your first in-person session or class (section 3).
• Memberships and programs renew automatically until you cancel. Canceling requires 14 days’ notice for in-person training and classes, and 7 days’ notice for online coaching and transformation programs (section 5).
• Personal training sessions canceled less than 24 hours ahead, and classes canceled less than 12 hours ahead, are forfeited (section 4).
• e-Manny is an AI assistant and can make mistakes (section 6).
• Section 14 limits our liability. Please read it.

1. Eligibility and your account

• You must be at least 18 years old and able to enter a binding contract.
• Give us accurate, current information, including your health and screening answers, and keep it up to date. Your coach relies on it to keep you safe.
• Your account is for you alone. Keep your password private and tell us right away at bodyfit360coaching@gmail.com if you think someone else has used your account. You’re responsible for activity under your account.

2. The Service

Depending on your plan, the Service may include:

• Online coaching: personalized training programs, meal plans, nutrition tracking, check-ins and messaging with your coach.
• In-person one-to-one personal training, at our location or a partner gym.
• Semi-private and small-group fitness classes.
• e-Manny, our AI assistant, and AI meal-photo scanning.
• Community features, such as posts, comments and leaderboards.
• Connections to Apple Health, Health Connect and smart scales.

We may add, change or remove features over time. If we remove a core feature of a plan you’ve paid for, we’ll tell you in advance, and you may cancel and receive a prorated refund for the unused part of that period.

3. Health, safety and assumption of risk

Not medical advice. BodyFit provides fitness and nutrition coaching. We are not doctors, registered dietitians or other licensed health care providers, and nothing in the Service is medical advice, diagnosis or treatment. Don’t ignore or delay medical advice because of something you read or heard through the Service.

See your doctor first. Talk to your doctor before starting any exercise or nutrition program, especially if you are pregnant or postpartum, have a medical condition or injury, take medication, or have had a recent illness or surgery.

Be honest in your screening. Complete the pre-exercise health screening truthfully and tell your coach right away about any change in your health. We may decline or pause training until you have medical clearance.

Listen to your body. Stop exercising and seek medical help if you feel pain, dizziness, faintness, shortness of breath or any other warning sign. You are responsible for working within your own limits, even if a program or coach suggests otherwise.

Assumption of risk. Physical exercise carries inherent risks, including muscle strains, sprains, falls, injury from equipment, heart problems and, in rare cases, serious injury or death. By using the Service, you confirm you understand these risks and voluntarily choose to take part. To the fullest extent the law allows, you assume these inherent risks.

Liability waiver. Before your first in-person session or class, you must sign our separate liability waiver and release. It applies alongside these Terms, and we can’t train you in person until it is signed.

4. In-person sessions and classes

• Booking: book sessions and classes in the app or on trainwithbodyfit.com. A booking is confirmed once it shows as booked in your account.
• Canceling or rescheduling personal training: you can cancel or reschedule for free up to 24 hours before the session starts.
• Canceling classes: you can cancel a semi-private or group class for free up to 12 hours before it starts.
• How to cancel a booking: in the app, in your account at trainwithbodyfit.com, or by texting 719-551-2175.
• Late cancellations and no-shows: a session or class canceled with less notice than above, or missed without notice, counts as used. If you pay per session or class, it is charged in full.
• Late arrival: if you arrive late, your session or class still ends at its scheduled time.
• If we cancel: if we cancel or your coach can’t make it, we’ll reschedule at no cost or return the session or class to your account.
• Partner gyms: when you train at a partner gym, you must also follow that gym’s rules, and the gym may ask you to sign its own forms. Partner gyms are independent businesses, and we’re not responsible for their facilities, equipment or staff.
• Conduct: treat coaches, gym staff and other members with respect. We may end a session or class, or your access to in-person training, for unsafe, abusive or inappropriate behavior.
• Emergencies: if you’re hurt or unwell during a session or class, we may give basic first aid, contact your emergency contact and call emergency services. You’re responsible for any resulting medical costs.

5. Subscriptions, trials, packages and payments

Automatic renewal. Coaching subscriptions and memberships renew automatically at the end of each billing period (monthly, quarterly or yearly, as shown when you buy), and you’ll be charged the then-current price using your saved payment method until you cancel. We show the price, billing period and renewal terms before you buy and email you a confirmation afterwards. For yearly plans, we’ll remind you by email 25 to 40 days before each renewal.

Free trials. If your plan starts with a free trial, it converts to a paid subscription when the trial ends unless you cancel before then. You can cancel anytime during the trial without being charged; the notice periods below don’t apply to free trials. If a trial lasts longer than 31 days, we’ll remind you by email 3 to 21 days before it ends.

Canceling a membership or program. Each type of plan requires advance notice to cancel:

Verbal and text-message cancellations aren’t accepted for in-person memberships. If your plan combines in-person and online coaching, the 14-day notice applies.

How the notice period works. Your notice period starts the day we receive your notice, and we’ll confirm it by email. Any payment that falls due during the notice period is still charged, and you keep full access to your sessions, classes or program through the end of that paid period. No further payments are charged after that.

These notice periods are separate from the 24-hour and 12-hour rules for canceling individual bookings in section 4.

App Store and Google Play purchases. If you bought an online plan in the app through Apple or Google, cancel in your App Store or Google Play subscription settings. Apple and Google control the timing: your plan ends at the end of the current billing period if you cancel at least 24 hours before it renews. We can’t cancel these for you, and deleting your account doesn’t cancel them.

Price changes. We’ll tell you at least 30 days before a price increase takes effect, and you can cancel before then.

Session packages and class packs. Packages are paid in advance and expire 12 months after purchase. Unused sessions and classes can’t be transferred to another person.

Refunds.

• Subscription payments aren’t refunded for partial billing periods, except where required by law or stated in these Terms.
• You can get a full refund of a package within 7 days of purchase if you haven’t used any sessions or classes from it.
• If a medical condition stops you from training, we’ll pause your plan or refund unused sessions and classes on reasonable proof.
• Purchases through Apple or Google are refunded only under their own refund policies.

Payments. Website, session and class payments are processed by Stripe; in-app purchases by Apple or Google. You authorize us and them to charge your payment method for all fees you incur. Prices include any taxes we’re required to collect unless stated otherwise. If a payment fails, we may pause your access until it’s resolved.

6. e-Manny and AI features

e-Manny and meal-photo scanning use artificial intelligence. AI answers, workout suggestions and nutrition estimates can be incomplete or wrong, and they are not medical advice. Check anything important with your coach, who has the final say on your plan. Don’t use e-Manny for medical emergencies; call 911 or your local emergency number instead. Don’t use AI features to create anything unlawful or harmful. We may limit or change AI features at any time.

7. Your content

You own the photos, logs, messages, posts and other content you add to the Service (“Your Content”). You give us a limited, non-exclusive, royalty-free license to store, process and display Your Content only as needed to run the Service for you, for example showing your progress photos to your coach or your post to the community. This license ends when you delete Your Content or your account, except for copies kept as described in our Privacy Policy.

We won’t use your photos or story in marketing, including before-and-after images or testimonials, without your separate written permission.

8. Community rules

When using the Service, don’t:

• Harass, threaten, bully or demean anyone, or post hateful, sexual or violent content.
• Post other people’s photos or personal information without their permission.
• Give medical advice, promote dangerous diets, extreme weight loss, supplements or drugs, or sell anything.
• Post spam, misleading information, or content you don’t have the right to share.
• Impersonate anyone or misrepresent your connection to BodyFit.
• Try to hack, scrape, overload, reverse engineer or interfere with the Service, or access other members’ data.

We may remove content or suspend accounts that break these rules. To report a problem, use the report option in the app or email bodyfit360coaching@gmail.com.

9. Our intellectual property

The Service, including our programs, workouts, meal plans, videos, text, graphics, the e-Manny name and the BodyFit name and logo, belongs to BodyFit or our licensors and is protected by law. We give you a personal, non-transferable, revocable license to use the Service and its content for your own fitness while your account is active. You may not copy, resell, share, publish or create products from our programs or content without our written permission.

If you send us ideas or feedback, we may use them without owing you anything.

10. Copyright complaints

If you believe content on the Service infringes your copyright, send a notice to our copyright agent at bodyfit360coaching@gmail.com. Include:

• Your name, contact details and physical or electronic signature.
• The copyrighted work you believe was infringed.
• Where the infringing content appears on the Service.
• A statement that you believe in good faith the use isn’t authorized.
• A statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner.

If we remove your content after a notice and you believe that was a mistake, you can send us a counter-notice. We may end the accounts of repeat infringers.

11. App stores and third-party services

The Service works with third-party services such as Apple, Google, Stripe, Apple Health, Health Connect and partner gyms. Their own terms and privacy policies apply when you use them, and we’re not responsible for them.

If you downloaded the app from the Apple App Store:

• These Terms are between you and BodyFit only, not Apple. BodyFit, not Apple, is responsible for the app and its content.
• Your license to use the app is limited to Apple-branded devices that you own or control, as permitted by the Usage Rules in Apple’s Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for the app. Questions or complaints about the app go to BodyFit at bodyfit360coaching@gmail.com.
• If the app fails to meet any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for the app.
• BodyFit, not Apple, is responsible for handling any claims about the app, including product liability claims, claims that it fails to meet legal or regulatory requirements, consumer protection or privacy claims, and claims that it infringes someone’s intellectual property.
• You confirm that you are not located in a country subject to a US government embargo and are not on any US government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms, such as your wireless carrier’s, when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

The same principles apply to apps downloaded from Google Play, under Google’s terms.

12. Ending your use of the Service

You can stop using the Service and delete your account at any time (see our Privacy Policy). We may suspend or end your access if you break these Terms, put anyone’s safety at risk, don’t pay what you owe, or if we stop offering the Service. Where reasonable, we’ll warn you first. If we end your access for reasons other than your breach, we’ll refund any prepaid, unused subscription time, sessions and classes.

Sections that by their nature should survive continue after your access ends, including sections 3, 7, 9 and 13 to 16.

13. Disclaimers

We work hard to give you great coaching, but results depend on many things outside our control, including your effort, health, genetics, sleep and diet. We don’t guarantee any particular result, such as weight loss, muscle gain or performance. Results shown by other clients are not typical or promised.

To the fullest extent the law allows, the Service is provided “as is” and “as available,” and we disclaim all warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We don’t promise the app will always be available, error-free or secure, or that nutrition data and AI estimates are accurate.

14. Limitation of liability

To the fullest extent the law allows:

• BodyFit and its owners, coaches and staff are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill.
• Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim arose, or $100.

Nothing in these Terms limits liability for gross negligence, willful or wanton misconduct, fraud, or anything else that cannot be limited under applicable law, including Colorado law.

15. Indemnity

You agree to cover BodyFit and its owners, coaches and staff for any third-party claims, losses and reasonable legal costs arising from your breach of these Terms, Your Content or your misuse of the Service, except to the extent caused by our own negligence or misconduct.

16. Disputes and governing law

Talk to us first. If you have a problem, email bodyfit360coaching@gmail.com and give us 30 days to try to fix it informally before starting any legal action.

Governing law and courts. These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-law rules. Any dispute that isn’t resolved informally will be decided by the state or federal courts located in Jefferson County, Colorado, and you and we agree to their jurisdiction. Either of us may bring a qualifying claim in small claims court instead.

If you live outside Colorado, including in the EU or UK, you keep any consumer protections and rights to bring claims in your home courts that your local law gives you and that can’t be waived by contract.

17. Changes to these Terms

We may update these Terms from time to time. We’ll post the new version with a new “Last updated” date and, for material changes, notify you in the app or by email at least 14 days before they take effect. If you keep using the Service after that, you accept the updated Terms. If you don’t agree, you can cancel before they take effect.

18. General

• These Terms, our Privacy Policy, our Consumer Health Data Privacy Policy and the liability waiver you sign are the entire agreement between you and BodyFit about the Service. If anything on another page of our website conflicts with these Terms, these Terms control.
• If any part of these Terms can’t be enforced, the rest stays in effect.
• If we don’t enforce a right right away, we haven’t given it up.
• You can’t transfer your account or these Terms to anyone else. We may transfer them as part of a merger, sale or reorganization of our business.
• We’re not responsible for delays or failures caused by events outside our reasonable control.

19. Contact us

BodyFit Coaching LLC, Email: bodyfit360coaching@gmail.com Phone or text: 719-551-2175 Website: trainwithbodyfit.com

Related policies: Privacy Policy · Consumer Health Data Privacy Policy

Cancellation details: Cancellation Policy