Agreement Terms between Trainees and Erin Lingle Fitness, LLC (d/b/a Find Your Strength) 

This Agreement (hereinafter referred to as the “Agreement”) dated same as purchase date (hereinafter referred to as the “Effective Date”), made by and between Erin Lingle Fitness, LLC (d/b/a Find Your Strength) (hereinafter known as the “Company”) and cardholder, or payment provider,  (hereinafter referred to as the “Client”). Together, the Company and the Client are collectively referred to herein as the “Parties”.

1A. DESCRIPTION OF OPEN ENROLLMENT SERVICES 

The Company agrees to provide a strength training program, with open enrollment eligibility, known as the FYS Community Plan and FYS Freestyle Plan (hereinafter referred to as the “Program” or “Programs”). Depending on which program the client enrolled in, Programs may include:

1. Strength Training Program: Each week, the Client will receive 1 movement or strategy for stress reduction, 3 strength training sessions, and 2 rest and recovery days. The programming will live inside the mobile training app (TrueCoach).
2. Within the app, the Client can keep track of his/her/their training by listing resistance, reps, and sets. Programs do not include feedback from the Company.
3. Communication and Support: The Company is available via TrueCoach Monday through Friday between the hours of 9:00am – 5:00pm EST. The Company will check TrueCoach once a day, excluding weekends and holidays. The Company will likely not respond to text messages, emails, or social media direct messages. The Company will respond to messages within 24-48 business hours.
4. For FYS Community Plan Enrollees – Group Coaching Calls: Coaching call topics and times will be determined by the best day, time, and topic for the majority of the group and the Company. Coaching calls will be recorded via Zoom and available 48-72 hours after the call is completed. Topics for discussion will vary from strength training specific movements to stress and anxiety methodology. Coaching calls are to be a supplement to your training.
   1. Community Participation: As a member of the FYS Community Plan, the Client will have access to a private Facebook group to share celebrations, ask questions to other members, and learn from each other and the Company.
   2. This community is a sales-free zone. If you are involved in the selling of other strength training programs, weight-loss products, including, but not limited to: shakes, supplements, or life coaching, please refrain from posting in the group or privately messaging any member of the Community.
   3. This community is body neutral and diet talk-free. Weight loss celebrations and weight gain fears are not allowed. Comments and posts about food intake and/or restrictions to change the size of our bodies or improve health will be deleted.
5. For FYS Community Plan Enrollees –  Every member of the community should feel safe and respected. The community is a diverse group of people with different lived experiences. The community is committed to supporting each other on their individual journeys. Personal attacks, confrontations, and arguments will not be tolerated.

The Program(s) are ongoing and will be available until the Company ends the Program or the Client cancels her/his/their membership.

1B. DESCRIPTION OF PERSONALIZED SERVICES 

The Company agrees to provide a personalized strength training program for clients approved for any of the following strength training programs: Green Lotus Plan, White Lotus Plan or Yellow Lotus Plan (hereinafter referred to as the “Plan or “Plans”). Depending on which Plan the client enrolled in the Plan may include:

1. Movement Coaching Sessions: Each month, the Client will receive a number of in-person movement coaching sessions that will range in length of time and frequency, as outlined in this subsection. In-person is defined as FaceTime, Zoom, or at the studio, which will be determined by the Client and the Company. Below is the number of in-person sessions a person will receive listed by type of Plan they’re accepted to and enrolled in: 
   1. Green Lotus: 2-4 in-person movement coaching sessions that will be 45-60 minutes in length
   2. Yellow Lotus: 6-8 in-person movement coaching sessions that will be 45-60 minutes in length.
   3. White Lotus: 10-12 in-person movement coaching sessions that will be 45-60 minutes in length.
2. Personalized Programming: Each month, the Company will develop a movement program that the Client will individually complete using an online mobile training app (TrueCoach). The Client and the Company will discuss goals, progressions, and modifications during the final week of each month of programming to appropriately plan for the next month. The programming will include training sessions to be completed by the client on a day and time that works best for them. This training will include a mobility day, one to two strength training days, and anything else that is agreed upon by both the Client and Company.
3. Within the app, the Client will keep the Company informed of training by listing resistance, reps, and sets, uploading videos of movement patterns for form checks, and posing questions or comments. The Company will respond within 24-48 business hours within the online mobile training TrueCoach app.
4. Communication and Support: The Company is available via TrueCoach Monday through Friday between the hours of 9:00am – 5:00pm EST. The Company will check TrueCoach once a day, excluding weekends and holidays. The Company will likely not respond to text messages, emails, or social media direct messages. The Company will respond to messages within 24-48 business hours.

The Plan(s) are ongoing and will be available until the Company ends the Plan or the Client cancels her/his/their membership.

2. DISCLAIMER

1. The Client understands that a coach employed by the Company is a certified Personal Trainer and Behavior Change Specialist through the American Council on Exercise and a certified DV8 Fitness Kettlebell Coach.
2. Coaches employed by the Company are not nutritionists, physical therapists, physicians, medical professionals, and/or psychotherapists or psychologists, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with his/her/their physician before implementing changes or habits suggested by the Company. The Client confirms that he/she/they has or will discuss any and all changes to his/her/their diet, exercise regimen, supplements, medications, or lifestyle with his/her/their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to his/her/their lifestyle.
3. Further, the Company has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her/their life.

3. ASSUMPTION OF THE RISK 

1. YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN ANY PROGRAM OR PLAN BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in a Program or Plan.
2. By participating in any Program or Plan, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in a Program or Plan.

4. LIMITATION OF LIABILITY 

1. Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Company hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

5. TERM

1. For Programs listed in Section 1A – The Program is ongoing and begins on the Monday following the first posted payment (the “Term”). 
2. For Plans listed in Section 1B – The Plan is ongoing until the Client or the Company terminates the plan and begins on an agreed upon start date (the “Term”).
3. For Programs and Plans – The Client understands that the Parties do not have a relationship after their Program or Plan ends. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.

6. CLIENT COMMITMENTS

1. The Client shall participate fully in all Programs and Plans associated with FYS to the best of his/her/their ability.
2. The Client shall immediately inform the Company of any issues or difficulties he/she/they may have with any Plan or Program.
3. The Client shall complete payment of the Investment according to the Terms herein.
4. The Client shall arrive for their Movement Coaching Session at the scheduled start time and understands that the Company will not extend the closing time of the session unless agreed upon in advance.
5. The Client will schedule, cancel, and reschedule appointments via the website’s Client Portal. The Client understands that he/she/they do not need to text, DM, or email the Company to cancel or reschedule an appointment.
6. If you are unable to keep an appointment that we have, please provide 24-hour notice to the Company by canceling through the website’s Client Portal. The Client can reschedule his/her/their appointment up to 24-hours in advance via the scheduling calendar on the website’s Client Portal. Cancellations under 24-hours will be deducted from the subscription plan; the programmed session will be available via the online mobile training app for the Client to individually complete at a time that is convenient for them.

Note: d, e, and f. are applicable only to Plans described in 1B.

7. COMPANY COMMITMENTS

• The Company will support the Client to the best of her abilities in accordance with Section 6 of this Agreement. This includes participating fully and intently in Movement Coaching Session, and other parts of the various Plans and Programs, to the best of her ability. 

• The Company will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Company’s own benefit, nor will the Company disclose or communicate, in any manner, any information to a third party about the Client. The Company will not divulge that the Parties are in a coaching relationship without your express permission.

• The Company agrees to conduct group coaching calls via Zoom unless an alternate method is determined and communicated by the Company. Group coaching call links will be sent via email and posted within the website’s client portal and private Facebook community.

8. TERMINATION

1. The Company is committed to providing the Client with a positive experience in all Programs and Plans. By agreeing to and signing the Agreement, the Client understands that the Company may, in its sole discretion, terminate the Agreement and limit, suspend, and/or terminate the Client’s participation in the Plan or Program without a refund or forgiveness of monthly payments if the Client becomes disruptive or violates any term of the Agreement.
2. If the Client chooses to terminate the Agreement at any time, no refunds will be issued.

   9. PAYMENT

The Client will pay the Investment pursuant to the following terms in accordance to designated Program or Plan:

FYS Freestyle Program: $59 USD per month

FYS Community Program: $189 USD per month

Green Lotus: $523 USD per month

Yellow Lotus: $864 USD per month

White Lotus: $1249 USD per month

Recurrent monthly payment will be charged to the credit or debit card on file on the same day of the month as the initial purchase.

• General Payment Terms:

When you pay for a Program or Plan by credit or debit card, you authorize and give permission to Erin Lingle Fitness, LLC to charge your credit or debit card for the amount owed for payment of a Program or Plan. When you purchase a Plan or Program, your information (i.e. credit or debit card and contact info) may be collected by the third-party merchant (Stripe), who may have privacy policies or security practices that are different from ours. Erin Lingle Fitness, LLC is not responsible for the merchant’s independent policies or practices.

• Failed Payment Procedures:

By choosing the Program, or enrolling in a Plan, you hereby authorize and give permission to Erin Lingle Fitness, LLC to automatically charge your credit card or debit card as payment for any Program or Plan, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you. 

We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of Programs or Plans.

 

By choosing a Program or Plan, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.

• Failed Payment Plan Payments / Re-charge procedures:

By signing up for any Plan or Program, your card will automatically be re-charged one month apart for each payment. Please plan accordingly.

If your payment-plan payment fails on the 1st attempt:

In the event that your Payment Plan payment is not successfully made on your due date, your credit or debit card will automatically be re-charged after a 3-day grace period to make your payment towards a Plan or Program.

If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 3-day grace period to update your card information with any penalty or losing access to any Plan or Program.

After 2nd failed payment:

Your access to Programs and Plans will be temporarily suspended and you will not be able to access Programs nor Plans until you successfully complete your payment. The Company will not perform any additional services for the Client until payment is completed and the Client’s access to the online mobile training app or materials may be removed until payment is made. We will attempt to re-charge your credit or debit card in 2-days.

 

After 3rd and final attempt payment:

The 3rd attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 3rd payment fails, you will be permanently removed from any Program or Plan and no refund will be given.

 

10A. REFUND POLICY FOR OPEN PROGRAMS 

1. The Client is responsible for the full monthly payment listed in detail below, regardless of whether the Client completes or participates fully in the Program. NO REFUNDS will be issued once the Program begins.
   1. FYS Community Plan – $189 USD
   2. FYS Freestyle Plan – $59 USD

10B. REFUND POLICY FOR PLANS

1. The Company will do everything within her ability to ensure the Client’s satisfaction in using Plans. The Company expects that the Client will do the same. Refunds will not be issued for coaching services already conducted. If, for any reason, the Company is unable to fulfill her obligations to the Client, the Client will be refunded in full for any part of the Plan paid for but not yet rendered.

11. PHOTOGRAPH AND TESTIMONIAL RELEASE

1. The Client grants the Company the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client’s participation in Programs or Plans for the purposes of promoting and marketing the Company across social media, advertisements, the Company’s website, and to the Company future clients. The Client understands that he/she/theywill not receive any compensation for use of his/her/their likeness, testimonial, or image. The Company will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share his/her/their name or identifying information.

12. LIMITATION OF LIABILITY

1. Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Company hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

13. CONFIDENTIALITY    

1. The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of Programs or Plans (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.
2. Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.

14. NON-DISCLOSURE OF COMPANY MATERIALS

1. Material given to the Client in the course of any Plan or Program is proprietary, copyrighted and developed specifically for and by the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.  
2. The Company’s Plans and Programs are copyrighted and the original materials that have been provided to the Client are for the Client’s individual use only and are granted as a single-user license. The Client is not authorized to re-sell, share, or use for profit any of the Company’s intellectual property. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted nor implied.
3. Further, by signing below, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.      

15. INDEMNIFICATION

1. Client agrees to indemnify and hold harmless the Company, its affiliates, officers, directors,  agents, employees, representatives, successors, independent contractors, and assigns from all direct and third party claims, demands, losses, causes of action, damages, lawsuits, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Company.

16A. OPEN ENROLLMENT SERVICES ARBITRATION CLAUSE

1. Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of South Carolina. The arbitration hearing shall be held in the state of South Carolina. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Company.

 

16B. PERSONALIZED SERVICES ARBITRATION CLAUSE

1. If you have any complaints or should any issue arise in the use of Plans listed in Section 1B, please contact us directly first by emailing Erin E. Lingle at [email protected]
2. However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Erin E. Lingle and Erin Lingle Fitness, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
3. By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 20 miles of Charleston, South Carolina.
4. If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of South Carolina. The only award that can be issued to you is a refund of any payment made to Erin Lingle Fitness, LLC for the applicable Plan or Program. You are not permitted to seek additional damages, including consequential or punitive damages.

17. APPLICABLE LAW + VENUE

1. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of South Carolina, United States as they apply to contracts entered into and wholly to be performed in the State of South Carolina, United States. The Federal and State courts within the State of South Carolina, United States shall have exclusive jurisdiction to adjudicate any dispute arising out of or from this Agreement.

18. ENTIRE AGREEMENT; AMENDMENT; HEADINGS                       

1. The Agreement constitutes the entire agreement between the Parties with respect to their relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth by writing, specifying such waiver, consent, or amendment, signed by both parties.
2. The headings of Sections in the Agreement are provided for convenience only and shall not affect its construction or interpretation.
3. This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.

19. COUNTERPARTS

1. The Agreement may be executed in one or more counterparts (including by means of mail or electronic mail/e-mail via PDF), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.

20. SEVERABILITY  

1. The provisions of the Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of the Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

21. WAIVER

1. The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed a waiver of any further right pursuant to the Agreement.

22. APPLICABLE LAW + VENUE

1. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of South Carolina, United States as they apply to contracts entered into and wholly to be performed in the State of South Carolina, United States. The Federal and State courts within the State of South Carolina, United States shall have exclusive jurisdiction to adjudicate any dispute arising out of or from this Agreement.

23. NO ASSIGNMENT

1. The Agreement may not be assigned by either of the Parties without the express, written consent in advance of the other Party.

24. FORCE MAJEURE

1. In the event that any cause beyond the reasonable control of either of the Parties, including, but not limited to: acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

 

25. NO GUARANTEES, WARRANTIES OR REPRESENTATIONS

1. The Client understands and agrees that the Client is 100% entirely responsible for his/her progress and results experienced from any Plan or Program. The Company will help guide and support the Client, but the Client’s participation in, and dedication to, the applicable Program or Plan is one of many vital elements to the Plan’s and/or Program’s success.

 

1. The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Client’s performance, results, or success. The Client understands that due to the nature of all Programs or Plans, the results experienced by each Client may vary. The Company does not make any guarantees other than that the Services offered in any Plan or Program shall be provided to the Client in accordance with the terms of the Agreement.

 

UPON CONFIRMATION I HEREBY CERTIFY THAT I, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE. 

 

 [END OF AGREEMENT]

 

www.trainwithfys.com and Erin Lingle Fitness, LLC (d/b/a Find Your Strength) Terms & Conditions

Please read these Terms & Conditions carefully and in their entirety before using www.trainwithfys.com (hereinafter referred to as the “Site”). The Site and its content are owned by Erin Lingle Fitness, LLC (d/b/a Find Your Strength). 

PURPOSE: These Terms & Conditions are here to clearly explain, outline, and lay out the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

IMPORTANT NOTES: 

By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at [email protected].

You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.

These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 18 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means Erin Lingle Fitness, LLC (d/b/a Find Your Strength) and our website, www.trainwithfys.com.

“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Erin E. Lingle, Erin Lingle Fitness, LLC (d/b/a Find Your Strength), and/or www.trainwithfys.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Erin Lingle Fitness, LLC (d/b/a Find Your Strength) and/or on www.trainwithfys.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, etc.

“Site, Courses, Services, and/or Products” means www.trainwithfys.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, and/or templates available on the Site.

“Site” means www.trainwithfys.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

“You” or “Your” means the user, customer, or viewer of the Site.

2. Consent:

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, Privacy Policy, and Disclaimer.

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions, our Privacy Policy, and Disclaimer.

3. Site Rules:

By using the Site and/or making any Purchase, you hereby agree & consent not to:

• • • Abuse or harass any person through or on the Site.
    • Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
    • Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
    • Post or transmit any “spam” or unwanted, unsolicited content.
    • Post copyrighted materials, photographs, or content which do not belong to you.
    • Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
    • Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

4. DISCLAIMER:

By using the Site, you understand that we are a movement coaching business composed of certified personal trainers and behavior change specialists. We are not a nutritionist, therapist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only, and is based on our personal experience.

5. Your Consent to These Terms & Conditions:

By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.

6. Changes to These Terms & Conditions:

We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read, or implement its Content, or Purchase or Download anything from us.

7. Links to Third-Party or External Websites:

The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.

8. Intellectual Property Ownership:

The Site and its Content are intellectual property solely owned by Erin Lingle Fitness, LLC (d/b/a Find Your Strength). The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

9. Our Limited License to You:

If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions, Privacy Policy, and Disclaimer, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

10. Your License to Us:

By commenting on the Site, or submitting documents to Erin Lingle Fitness, LLC (d/b/a Find Your Strength) via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

11. Purchase & Access Terms:

During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

12. Sharing the Site & Its Content:

You must request and receive written permission by email [email protected] before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Erin Lingle Fitness, LLC (d/b/a Find Your Strength).

13. No Claims Made Regarding Results:

Any and all current or past client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her/their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

14. DISCLAIMER – No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law. 

15. Your Release of Us:

By using the Site or Purchasing, Downloading, or using Erin Lingle Fitness, LLC (d/b/a Find Your Strength) Courses, Services, and Products, you agree to release, forgive, and forever discharge Erin Lingle Fitness, LLC (d/b/a Find Your Strength), its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

16. Errors & Omissions:

Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Erin Lingle Fitness, LLC (d/b/a Find Your Strength) does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up to date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up to date.

17. Our Refund Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for coaching services already rendered or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Erin at [email protected].

18. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Site or Erin Lingle Fitness, LLC (d/b/a Find Your Strength) Courses, Services, and/or Products, please contact us directly first by emailing Erin at [email protected].

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Erin Lingle Fitness, LLC (d/b/a Find Your Strength) shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of Charleston, South Carolina.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of South Carolina. The only award that can be issued to you is a refund of any payment made to Erin Lingle Fitness, LLC (d/b/a Find Your Strength) for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

19. Consent to Governing Law:

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of South Carolina.

20. Consent to Jurisdiction:

You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of South Carolina or a state court located within the State of South Carolina in connection with any matter arising out of these Terms & Conditions, Privacy Policy, and Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

21. Consent to Service:

You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of South Carolina for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of South Carolina.

22. Payment & Purchases:

When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by credit or debit card. By doing so, you give Erin Lingle Fitness, LLC (d/b/a Find Your Strength) permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.  

If you elect the installment or “pay over time” option at checkout, you agree that Erin Lingle Fitness, LLC (d/b/a Find Your Strength) has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase. 

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

23. Limitation of Liability:

Erin Lingle Fitness, LLC (d/b/a Find Your Strength) is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

24. Defense & Indemnification

You shall, at all times, indemnify, defend, and hold harmless Erin Lingle Fitness, LLC (d/b/a Find Your Strength), Erin E. Lingle, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Erin Lingle Fitness, LLC (d/b/a Find Your Strength) and Erin E. Lingle; (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions, Privacy Policy, and Disclaimer; and (c) arising out of any alleged breach or negligence said to have been committed by us.

25. Termination of Your Use

At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, and Disclaimer, or any other terms to which you have agreed to.

26. Entire Agreement

These Terms & Conditions, Privacy Policy, and Disclaimer constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

27. Severability

The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

28. Your Privacy & Security on the Site:

Please read our Privacy Policy for how we handle your personal information.

29. Contact

If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:

• • • Website: www.trainwithfys.com
    • Email: Erin at [email protected]

 

 

Updated on NOVEMBER 12, 2021.