Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") form a binding agreement between you ("you," "your," "Client") and Wholesome Fitness, LLC ("Wholesome Fitness," "we," "us," "our"). They govern your access to and use of Wholesome-coach.com (the "Site"), our coaching services, our digital products, and any related content or communications (collectively, the "Services").

By using the Site, purchasing any Service, or downloading any digital product, you agree to these Terms. If you do not agree, do not use the Services.

You must be at least 18 years old to use the Services. By using the Services, you confirm you are 18 or older.

2. Description of services

Wholesome Fitness offers:

• In-Person Personal Training at Zeus Training Hall in Lakeland, Florida
• Hybrid Coaching combining in-person sessions with online programming
• Online Coaching delivered through the Everfit app
• Digital products including fitness ebooks, lead magnets, and downloadable guides
• Educational content including blog posts, newsletters, and free resources

Service descriptions, pricing, and features are subject to change. We will not change pricing or terms for a Service you have already paid for during the term you paid for.

3. Coaching services

3.1 Health disclaimer and acknowledgment of risk

Exercise and dietary changes carry inherent risk. Before starting any program, you should consult a physician, especially if you have any medical condition, injury, or concern.

By purchasing coaching, you confirm that:

• You have consulted, or will consult, a physician before beginning any program if recommended
• You are participating voluntarily and at your own risk
• You assume full responsibility for any injury, health complication, or other consequence arising from your participation
• You will accurately disclose your health history, injuries, medications, and limitations on the intake form
• You will inform us promptly of any change in your health that could affect your training

Wholesome Fitness is a coaching service, not a medical, nutritional, or psychological provider. Nothing in our Services constitutes medical advice, diagnosis, treatment, or therapy.

3.2 No guarantee of results

Fitness, weight, body composition, and lifestyle results depend on factors largely outside our control, including genetics, effort, consistency, sleep, stress, nutrition, and adherence. We do not guarantee any specific outcome from coaching, regardless of any results referenced on the Site or in marketing materials. Testimonials reflect individual experiences, not promises of similar results.

3.3 Client responsibilities

You agree to:

• Provide accurate, current, and complete information on intake and check-in forms
• Follow your program safely and at a pace appropriate to your fitness level
• Communicate promptly about injuries, scheduling needs, or program concerns
• Treat your coach and any other clients with respect

4. Digital products

4.1 License granted

When you purchase or download a digital product (including ebooks, lead magnets, and guides), we grant you a limited, non-exclusive, non-transferable, revocable license to use the product for your personal, non-commercial use.

4.2 Restrictions

You may not:

• Resell, rent, or redistribute any digital product, in whole or in part
• Share login credentials or download links with others
• Reproduce, copy, or republish the content on any website, social media account, or other platform
• Use the content to train any artificial intelligence or machine learning model
• Remove any copyright notices, trademarks, or attribution

4.3 Refunds on digital products

All digital product sales are final and non-refundable once the file has been delivered or the download link has been accessed. Free lead magnets are not eligible for refunds because no payment was made.

If a download link fails or a file is corrupted, contact us at Louisantonellipt@gmail.com and we will resend or replace the product.

5. Payment, refunds & cancellation

Pricing for coaching services is listed on the Site or provided in your coaching agreement. By purchasing a Service, you authorize us to charge the payment method you provide for the amount listed.

Refunds, cancellations, and billing for coaching services are governed by our Refund and Cancellation Policy, which is incorporated into these Terms by reference. Payment timing, billing dates, and late-payment handling are governed by our Payment Terms Policy. Refunds for digital products are governed by §4.3 above.

We use Stripe and PayPal to process payments. By making a purchase, you also agree to the terms of those payment processors.

6. User accounts

Some Services require you to create an account, including the Everfit coaching app. You agree to:

• Provide accurate, complete, and current information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activity under your account

We may suspend or terminate accounts that violate these Terms, that show signs of fraudulent activity, or that have been inactive for an extended period.

7. Acceptable use

You agree not to:

• Use the Services for any unlawful, harmful, or fraudulent purpose
• Harass, threaten, or abuse our coach, staff, or other clients
• Impersonate another person or misrepresent your identity
• Attempt to gain unauthorized access to our systems or other clients' data
• Use automated tools, scrapers, or bots on the Site without permission
• Interfere with the operation of the Site or Services
• Use the Services to promote competing products or services
• Violate any applicable law or regulation

We may suspend or terminate your access for any violation of this section, with no refund.

8. User-generated content

The Site allows you to post content including blog comments, testimonials, and reviews ("User Content").

8.1 License you grant us

By posting User Content, you grant Wholesome Fitness a perpetual, royalty-free, worldwide, transferable license to use, display, reproduce, adapt, and publish that content in connection with our business, including in marketing materials, on the Site, on social media, and in advertising. You waive any moral rights to the extent allowed by law.

8.2 Your responsibilities

You confirm that any User Content you post:

• Is accurate and reflects your honest experience
• Does not violate any law, contract, or third-party right
• Does not contain personal information about another person without their consent
• Does not contain medical claims, defamatory statements, harassment, or hate speech
• Does not contain spam, advertising, or links to unrelated sites

8.3 Our rights

We may, but are not obligated to, monitor, edit, or remove any User Content at our sole discretion. We do not endorse any User Content and are not responsible for any User Content posted by others.

8.4 Testimonials

By submitting a testimonial, you confirm it reflects your actual experience and you consent to its use in our marketing, including with your first name, last initial, and city. You may withdraw consent at any time by emailing us, and we will remove the testimonial within a reasonable period.

9. Intellectual property

9.1 Our IP

All content on the Site and in our Services, including text, graphics, logos, images, videos, programs, ebooks, training plans, and the "Wholesome Fitness" name and brand, is owned by Wholesome Fitness or licensed to us. It is protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, modify, or create derivative works from our content without our prior written permission, except as expressly permitted by these Terms. See our Copyright Notice for full details and DMCA takedown procedures.

9.2 Limited license to you

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.

9.3 Feedback

If you send us suggestions, ideas, or feedback about the Services, we may use them without obligation or compensation to you.

10. Third-party services and links

The Services rely on third-party tools including Everfit, Stripe, PayPal, Cal.com, Google Analytics, and Meta. The Site may also link to third-party websites. We are not responsible for the content, availability, terms, or privacy practices of any third-party tool or site. Use of those services is at your own risk and subject to their own terms.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, error-free, or always available
• The Services will meet your expectations or produce specific results
• Any content, advice, or information you receive will be accurate or complete for your situation
• The Site will be free of viruses or other harmful components

You use the Services at your own risk.

12. Limitation of liability

To the fullest extent permitted by law, Wholesome Fitness, LLC, its owners, employees, and affiliates will not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Lost profits, lost revenue, lost data, or lost business opportunities
• Any injury, health complication, or other physical or emotional harm arising from your participation in any program
• Any damages exceeding the total amount you paid us in the 12 months before the claim arose

This limitation applies whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

Some jurisdictions do not allow certain limitations of liability, so some of these may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Wholesome Fitness, LLC, its owners, employees, and affiliates from any claim, loss, damage, liability, cost, or expense (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any law or third-party right
• Any User Content you post
• Any injury or harm related to your participation in a program

14. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. You may stop using the Services at any time.

If we terminate your access for a violation of these Terms, you are not entitled to a refund of any fees paid. Termination does not affect any rights or obligations that, by their nature, should survive termination, including §§9, 11, 12, 13, 15, and 16.

15. Dispute resolution

15.1 Informal resolution

Before filing any claim, you agree to contact us at Louisantonellipt@gmail.com and try to resolve the dispute informally for at least 30 days.

15.2 Mediation

If we cannot resolve a dispute informally, both parties agree to attempt mediation in Polk County, Florida, with a mutually agreed mediator before pursuing arbitration or litigation. Each party pays its own mediation costs equally.

15.3 Binding arbitration

If mediation does not resolve the dispute, both parties agree to submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Polk County, Florida. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

15.4 Small claims carve-out

Either party may bring an individual action in small claims court in Polk County, Florida, for any dispute that qualifies under that court's jurisdictional limits, without first going through mediation or arbitration.

15.5 No class actions

You and Wholesome Fitness agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, or representative action.

15.6 Governing law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any court action permitted under these Terms must be brought in the state or federal courts located in Polk County, Florida.

16. Limitation period

Any claim against Wholesome Fitness must be filed within one (1) year of the event giving rise to the claim, or it is permanently barred, except where applicable law requires a longer period.

17. Changes to these terms

We may update these Terms from time to time. The "Last Updated" date at the top reflects the most recent revision. Material changes will be communicated by email (if we have your email on file) or by a prominent notice on the Site. Continued use of the Services after a change takes effect constitutes acceptance of the updated Terms. If you do not agree, stop using the Services.

18. Miscellaneous

• Severability. If any provision is unenforceable, the remaining provisions stay in effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms. We may assign them in connection with a sale, merger, or restructuring of our business.
• Entire agreement. These Terms, together with the Refund and Cancellation Policy, the Payment Terms Policy, and the Privacy Policy, are the entire agreement between you and Wholesome Fitness regarding the Services.
• No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Wholesome Fitness.

19. Contact us

Questions about these Terms?

Email

Louisantonellipt@gmail.com

Mail

Wholesome Fitness