TERMS AND CONDITIONS
These Terms and Conditions (the “Agreement”) entered into and effective as of (purchase date) represent an agreement by and between (client name) and April Hamilton (AH) and sets forth the legally binding terms for your access to all materials and/or coaching services provided by April Hamilton. By purchasing access, you hereby acknowledge, understand, and agree to be bound by the following terms of this Agreement.
1. SERVICES
April Hamilton coaching and materials may include different components, such as videos, audio tracks, PDFs, live calls, access to our private Facebook communities. You are granted non-exclusive, non-transferable access to the materials and coaching for personal use only, in accordance with this Agreement. I reserve the right to terminate your license and right to use the coaching and materials, without providing any refund, if I determine, in my sole discretion, that you have breached or violated any of the provisions of this Agreement. I may limit, suspend, or terminate your participation with April Hamilton Coaching programs, including live programs and social media based or digital programs, without refund, if you: (i) become disruptive or difficult to work with; (ii) you fail to follow the program guidelines; or (iii) you impair the participation of our instructors or participants in our programs.
2. PAYMENT
You shall pay April Hamilton the agreed purchase price via the agreement as follows:
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When you make a purchase you authorize us to charge your credit card, debit card, Paypal, or Venmo account provided in accordance with the payment plan you selected. You must provide complete, current, and accurate payment information and update us promptly should any payment information change. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand, together with any applicable collection costs. I reserve the right to cancel your program for any reason. Failure to pay required fees may result in AH terminating the Agreement and discontinuing your access to AH coaching and/or materials. Your continued use of the materials after your termination may extend the term of this Agreement and may cause you to incur additional fees.
3. REFUND POLICY
Clients are given access to private modules, resources, app access, workouts and a custom nutrition program after consultation with April Hamilton. Due to immediate access of these materials, refunds will not be granted after consultation with April Hamilton.
For details regarding continued membership + private coaching (see section 7). Once monthly membership payment has been processed, you will not be entitled to a refund or cancelation. Monthly membership cancelation will be in effect after final payment is processed and membership has been cancelled under “My Account” at aprilhamiltonfitness.com.
4. RESULT DISCLAIMER
AH cannot and does not guarantee or promise any level of results or any specific physical or mental changes from use of coaching/materials. Your level of success in attaining results is dependent upon a number of factors, including your skill, knowledge, ability, dedication, nutrition savvy, adherence to exercise program and time you devote to your program. AH makes no guarantees that you will achieve any results from our techniques, advice, or models presented by AH, and AH offers no professional medical advice.
5. PRIVACY AND CONFIDENTIALITY
I respect your privacy and I must insist that you respect the privacy of fellow AH members. I respect your confidential and proprietary information (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow teammates and of AH. Thus, you agree:
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not to infringe any teammates or AH’s copyright, patent, trademark, trade secret or other intellectual property rights;
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that any Confidential Information shared by teammates or any representative of AH is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or AH;
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not to disclose such information to any other person or use it in any manner other than in discussion with other teammates during coaching sessions;
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that all materials and information provided to you by AH are its confidential and proprietary intellectual property, belong solely and exclusively to AH, and may only be used by you as authorized by AH.
6. INTERACTIVE FEATURES
It is a condition of your participation with AH and use of related programs that you do not:
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Restrict or inhibit any other use from using and enjoying AH and related programs.
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Use the site or groups to impersonate any other person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
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Use the site or groups to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
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Gain unauthorized access to any site or group associated with AH, or any account, computer system, or network connected to the site, by means such as hacking, password mining, or other illicit means.
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Obtain or attempt to obtain any materials or information through any means not intentionally made available through these sites.
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Use the site or groups to post or transmit any demeaning, nude, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law.
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Use the site or groups to post or transmit any information, software, or other material that violates or infringes upon the rights of theirs, including material that in an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
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Use the site or groups to post or transmit any information, software or other material that contains a virus or other harmful components.
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Use the site or groups to post, transmit, or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
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Use the site or groups to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval
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Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the site or groups.
7. CONTINUED MEMBERSHIP + PRIVATE COACHING
After the initial month of your Forever Fit Formula program membership is completed, your membership will continue at a recurring monthly rate of $297 (w/o private coaching) or $447 (w/private coaching). Your monthly payment will be automatically withdrawn from the CC or payment method provided upon your original sign up date, until otherwise canceled through your “My Account” settings at aprilhamiltonfitness.com/my-account.
Should you choose to cancel your monthly membership you will lose access to the Trainerize fitness app, including all previous and current workouts programmed, the private FB group and the Client Portal. You will also have continued access to our community Facebook group.
8. AUDIO, PHOTOGRAPHY & VIDEO RELEASE
I authorize AH to use my story as a testimonial and further agree to allow the use of my voice, photo, and likeness captured in any programs via photograph, audio or video, using any technology known or unknown, to be used for future products and/or marketing without compensation to me. I waive any right I may have to inspect and/or approve any photographs, audio, or video of myself. I understand and agree that all recordings are exclusive rights of AH and I do not ask for or expect compensation for the use of the recordings or photographs in which I appear or speak. AH owns all rights of any audio, video, and/or photographs captured during the performance of this Agreement.
9. MODIFICATIONS
AH may modify this Agreement from time to time and such modification shall be effective upon posting on the AH Website (https://www.aprilhamiltonfitness.com/clientportal). After modifications are made, you will be submitted a new copy of the agreement for your review, at this time you will agree to either continue services under the new conditions or the agreement will be terminated. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is accepted by both parties.
10. LAW; JURISDICTION
This Agreement shall be interpreted and governed according to the laws of Sacramento, California, USA. without regard to or application of its conflict of law rules or principles. You and we agree that any disputes shall be governed by the laws of Sacramento, California, USA. without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the federal courts located in Sacramento, California, USA. You agree that, unless contrary to any applicable law, any cause of action arising out of or related to April Hamilton or this Agreement must be commenced by you within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
11. DISCLAIMERS; LIMITATIONS OF LIABILITY
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You will assume all responsibility and risk for your use of coaching and materials, which is provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.
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I make no representations or warranties regarding the accuracy, completeness, performance, currently, or fitness for a particular purpose of the services provided, that the services will meet your requirements, or as to the results that will be derived from using any of the information included.
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To the maximum extent permitted by applicable laws: (I) I shall not be subject to liability for any delays or interruptions or programs from whatever cause, and you agree that you use the content and the coaching and materials provided at your own risk; (II) I disclaim all warranties, including but not limited to, warranties of title, merchantability, non-infringement of third parties; rights, and fitness for a particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade; (III) I shall not be liable for any damages whatsoever (including, without limitation, direct, indirect, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to access and use the websites, groups, or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
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Notwithstanding anything to the contrary contained herein, AH’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to AH for the programs, coaching, and materials. If this limitation of liability of the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, AH’s maximum liability for any type of damages shall be limited to the lesser of (1) a refund of the amount paid for the services, or (II) $100.
12. INTELLECTUAL PROPERTY
The programs contain materials such as videos, audios, PDF’s, coursework, plans, modules, photographs, live trainings, graphics, images, and the materials provided to AH, (collectively, the “Content”). This Content is copyrighted and may not be reproduced in any form, or by any means, without the express written permission of AH. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the Content for public or commercial purposes without the express written permission of AH. The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed within the Content are registered and unregistered Trademarks of AH and other third parties that have authorized the use of such Trademarks. Nothing contained in the Content or on the Website or groups should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of AH or the appropriate third party. Use of the Trademarks displayed on the materials, or any other Content on the websites or groups, except as provided in these terms and conditions, is strictly prohibited.
13. MISCELLANEOUS
This Agreement represents the entire Agreement between you and us related to the programs and prevails over any prior or contemporaneous, conflicting or additional communications, whether written or oral with respect to the subject matter. You may receive a copy of this Agreement or ask any questions by emailing april@aprilhamiltonfitness.com. This Agreement shall be binding upon and shall ensure to the benefit of the respective parties hereto, their respective successors-in-interest, licensees, sublicensees, legal representatives, heirs, and assigns.
14. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
15. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
16. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
17. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
18. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall April Hamilton, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
20. INDEMNIFICATION
You agree to indemnify, defend and hold harmless April Hamilton Fitness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
21. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at april@aprilhamiltonfitness.com.