The best coaching relationships are two-sided and flourish when both sides are giving 100%. While we only have a few expectations of you, you can expect a lot in return from us. If you have any questions or concerns, we are happy to discuss.
We As The Coaches Will...
We will provide both group and individualized coaching to help you achieve the best results possible.
We will help you unlock your best potential and give clear marching orders to execute.
We will give you 2 (two) group coaching calls each month, ensuring that all of your individual questions are answered.
We will give you access to our custom fitness app where you’ll find workouts and a customized nutrition plan, as well as a calendar to keep you organized and to help ensure you stay on course.
We will give you access to a private in-app support chat, where you can connect with other moms, encourage and help support one another, and get your questions answered.
We will answer your questions via the in-app community support chat.
We will be open, honest and transparent about your progress, and recommend the appropriate adjustments necessary for you to achieve the absolute best results possible.
I As The Client Will…
I will be fast to implement any new information I get about my workouts and nutrition plan, quick to ask for help when stuck, and generous in sharing my talents, insights, and victories with the group.
I understand that what’s said and taught in the program stays in the program. This means not sharing my login credentials with non-members and maintaining confidentiality.
I will commit to investing either one payment, paid in full, OR monthly payments, paid on time each month.
I will provide an honest testimonial and refer at least 3 moms if I’m asked.
I understand that if I ever have a question, I will either ask it through the in-app support chat, and/or bring my question to my live group calls.
I agree to be held accountable to my stated goals, and promise to be open and honest with my coach, so they can coach me to the best of their abilities.
I acknowledge that there is no refund for this coaching program, and all agreed upon payment must be completed.
BE WISE FITNESS TERMS OF SERVICE
Thank you for purchasing The Fit Mom Method (“Product”). All sales are final for this Product. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the product for which these terms appear ("Product," “Course,” and/or “Program”), you (“Client” and/or “Customer”) agree to be provided with products, programs, or services by Emily Venrick and/or Brandon Wiseman ("Owner") in their capacity as owners of BE WISE Fitness (“Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions:
TERM & TERMINATION
Term - This Term of Agreement shall survive the Term of this Agreement. Services are to be rendered for 12 weeks from agreed upon start date, unless otherwise agreed upon by Company and Client, and as stated in the purchase order.
Termination - Client dissatisfaction with Company and/or Coach’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client. Even if Client does not complete all portions of the Program, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing these Terms and Conditions. Regarding Month-to-Month services, Client must provide a fourteen (14) day written notice of termination prior to their next scheduled billing date.
DISCLAIMERS
The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Customer. Customer understands that the Program is created to help Customer learn new skills and assist Customer with finding his/her own direction. The Program may offer guidance regarding fitness, nutrition, and well-being, but it is the responsibility of the Customer to make the final decision and choose the best option for his/herself.
Client understands that the Product has been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of fitness, nutrition, and well-being. Through the Product, the Company might provide guidance regarding fitness, nutrition, and well-being, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself. By using Company’s services and purchasing this Product, Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Product is at user’s own risk.
Client hereby acknowledges that fitness and nutrition coaching are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. Company and/or Coach may use its personal judgment to provide the Program services to Client, even if these methods do not follow strict adherence to Client’s suggestions.
The Coaches are not therapists, medical professionals, employees, managers, psychiatrists, psychologists, registered dietitians, physical therapists,
or other agents of Client. This Program includes
no guarantees
as to Client’s results simply by participating in the Program. Customer acknowledges that, as with any fitness, nutrition, and wellness endeavor, there is an inherent risk associated. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees to indemnify and hold Company harmless for any claims that may arise related to participation in this Program.Customer also agrees that he/she is solely responsible for any decision Customer makes and indemnifies Company from any liability regarding said decision.
PROGRAM SPECIFICS
The Product includes: five (5) programmed workouts per week delivered through BE WISE Fitness app, individualized nutrition coaching, nutrition guides and resources to support your implementation of your nutrition plan, food and supplement recommendations, motivation activities, and two (2) group coaching calls per month to assist the clients to better understand the suggested techniques and strategies.
Company reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined exclusively by Company.This Product may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined by Company. Access to this Product is currently through a third-party platform, BE WISE Fitness app, which is hosted by Trainerize™. Company is not liable for any limitation of access to the Product caused by Trainerize.
Communication and support is included in the program via in-app messenger system. Coach responds to messages within the app Monday-Friday between the hours of 9am-12pm mst at coachs’ leisure.
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 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 completing the Program.
Nevertheless, Customer acknowledges that he/she can optimize potential results from the Product by adhering to the following:
Completion of all Product material, including workouts, program standards and nutrition plan;Thoughtful and meaningful participation in all calls and Q&A sessions;Attending each coaching call at the scheduled date, on time;Taking 100% responsibility for Customer’s results, 100% of the time.
PAYMENT & FEES
(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 agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Client. All payments must be paid before the Program end date, or else Company reserves the right to send Client to collections for any outstanding monies due and owed under this Agreement.
(c) Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
(d) If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Client forfeits his/her right to access the Product.
(e) The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. 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. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
(f) Late Fees - Company understands that, from time to time, there are issues with payment. All payments must be received by Company within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $25.00 USD. Any payments not received within 10 days of their due date shall result in Customers breach of these terms and may result in removal of access to the Program. Client shall still remain responsible to make all payments due and owing under this Agreement to Company in the event Client’s access to the Program is revoked.
REFUND POLICY
All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of the same,
there are no refunds.
NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT
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.
Non-Disparagement - Client agrees, during and/or after use of Product, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation.
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. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Product is for his/her/its single 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.
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 on Customer’s participation in this Program, including but not limited to: malnutrition or illness, injury, or any other personal or financial decision. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product.
Access to this Product is currently through a third-party platform, BE WISE Fitness app - hosted by Trainerize™. Company is not liable for any limitation of access to the Product caused by Trainerize™.
MISCELLANEOUS
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. 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. 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.
All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.Governing Law - Company is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of Colorado. Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.Maximum Damages - Client agrees and acknowledges that the maximum amount of damages that Client may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program. Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” or "I agree to the billing terms" at the Product checkout page and by rendering first payment.
Updated October 10th, 2023