1. Use of the Fitness Services

a)      Minimum age to use our Fitness Services

The minimum age to join fitness classes is 12. Parent/guardian consent required for children under 16. To participate in cycling classes, customers must be at least 4’10” tall.

b)      Suspension

We reserve the right to refuse service to anyone and can terminate or suspend our Services at any time: (1) if we, in our sole discretion, determine that you are or have been in violation of these Terms, (2) if we, in our sole discretion, determine that you have created risk or possible legal exposure for us, (3) in response to requests by law enforcement or other government agencies.

c)       Consent to Receive Communications

After signing up, you may receive periodic communications regarding our Services. Depending on your preferences, you may receive notification of these messages via email or text. You can manage the messages you receive by changing the preferences.

2. Cancellation policies

a) Class reservation

When customers book a class, a spot will be set aside for them to join the session. Reminders are emailed prior to the session, and we ask our customers to be accountable.

If you anticipate not being able to join the session, please make sure to cancel your reservation 24 hours prior to class to be fair to other customers and to avoid no-show or late-cancellation.

b) Late-cancellations and No-shows

You may incur in a late-cancellation or no-show if you sign up for a session but do not show up or cancel from a session within 24 hours of the session start time. We reserve the right to make exceptions based on the circumstances.

As a result of the late-cancellation or no-show, customers may lose the session or may be asked to pay for it.

3. Privacy

We may disclose your Personal Data as required by law and special circumstances. We may be required, subject to applicable law, to disclose your Personal Data if: (1) it is reasonably necessary to comply with legal process or other legal requirements of any governmental authority, (2) such a disclosure would potentially mitigate our liability in an actual or potential lawsuit, (3) it is necessary to protect our legal rights, or (4) it is necessary to protect the legal rights or physical security of others, or for the prevention or detection of crime and such disclosure is lawful.

4. Physical Activities

a) Safety First

You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity or fitness program. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.

You voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of TrueCoach4Me or by the action, inaction, or negligence of others.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your physical activities or your use of, or inability to use, any Services or features of the Services, including any Content or activities that you access or learn about through our Services, even if caused in whole or part by the action, inaction or negligence of TrueCoach4Me or by the action, inaction or negligence of others.

b)      Non-medical advice

To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice via the Services. All Content provided through the Services, whether provided by us or by other athletes or third parties is not intended to be and should not be used in place of (a) the advice of your physician or other professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Services. Should you have any health-related questions, please contact your physician or other healthcare provider promptly. Call 911 if you have an emergency.

5. No Warranties

Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that the Services will meet your requirements. No advice or information, whether oral or written, obtained from other athletes or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.

6. Limitation of Liability

We are not liable for various things that could go wrong because of your use of the Services.

COVID-19 Update: You agree to participate in sessions offered at the home-studio knowing that even with increased sanitation and enhanced hygiene protocol, it is not possible to achieve a completely sterile environment, so the risk of COVID-19 exposure and other viruses may exist.

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall TrueCoach4Me or its independent contractors be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or customer using the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not TrueCoach4Me has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of TrueCoach4Me, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand dollars (us $1,000.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of an athlete’s Personal Data and/or Location Data, (c) any other interactions with us or any other athletes using the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.

7. Indemnification

You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) any breach by you of any of these terms and conditions, (2) your content and materials, (3) your use of materials or features available on the website (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (4) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

8. Disputes and Arbitration, Jurisdiction and Venue

This Agreement shall be construed and governed in all respects by the laws of Maryland. To the maximum extent permitted by applicable law, you and TrueCoach4Me agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive binding arbitration of disputes relating to your general use of the Services under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

In the event of any litigation or binding arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or binding arbitration.

9. International Terms

If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us, and that you will follow all the laws that apply to you.

10. Miscellaneous

These miscellaneous provisions are part of just about every online term’s agreement. Basically, they ensure that this agreement between us is enforceable.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us because of this Terms or your use of the Services. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the Services.

11. Contact Us

If you have any feedback, questions or comments about the Services, please contact us by mail at info@TrueCoach4Me.com or by phone at 502-512-TRUE (8783).

Rev. Dec.2020