Elite Plus Terms
Elite Plus Terms of Service
The Parties hereby agree to the following:
1. Program/Service Description
A. Coach to complete intake process including full assessment of history, current state and desired goals
B. Coach to provide initial plan and phone call to review
C. Portal Access: Includes weekly check ins (with scheduling adjustments for vacations for both Coach and Client, as described in Section 10.B), weekly voice memo feedback from coach, educational resources created by our team, and direct messaging with coach
D. Coaching Calls: 30 minutes per session as requested by the client, up to 2 per month
E. Direct messaging with coach between check-ins via our portal Monday through Friday 8-5 central time
2. Payment
The Client will pay the Investment pursuant to the following terms:
Investment: Monthly payments of $249 per month, automatically charged one month apart to complete your monthly payment until otherwise cancelled.
There is a 3 month minimum required before cancellation will be accepted. Back 40 Fitness LLC requires a 14 day notice of cancellation.
Switching Plans. The Client may switch to a different Back 40 Fitness nutrition coaching plan at any time by emailing contact@back40fitness.com. The change takes effect on the Client’s next billing date, at the monthly Investment of the new plan. Time already completed counts toward the 3 month minimum; switching plans does not restart it.
a. General Payment Terms:
When you pay for the Program by credit card, you authorize and give permission to Back 40 Fitness LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by our e-commerce platform, Shopify, and its third-party payment processors, who may have privacy policies or security practices that are different than ours. Back 40 Fitness LLC is not responsible for Shopify’s or its payment processors’ independent policies or practices.
b. Payment Plan Terms / Failed Payment Procedures:
Should you choose to purchase the Program via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged one month apart to complete your monthly payment until otherwise cancelled via email at contact@back40fitness.com. Back 40 Fitness LLC requires a 14 day notice of cancellation. There is a 3 month minimum required before cancellation will be accepted.
If you choose the Payment Plan to purchase the Program, you hereby authorize and give permission to Back 40 Fitness to automatically charge your credit card, debit card, or PayPal account, as payment for the Program, 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 the Payment Plan.
By choosing the Payment 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 (unless formal cancellation has been submitted via email at contact@back40fitness.com. Back 40 Fitness LLC requires a 14 day notice of cancellation.
c. Failed Payment Plan Payments / Re-charge procedures:
By signing up for the payment plan, your card will automatically be re-charged one month apart for your remaining payments. 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 card will automatically be re-charged after a 3 day grace period to make your payment for the 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 without any penalty or losing access to the Program.
After 2nd failed payment:
Your access to the Program will be temporarily suspended and you will not be able to access the Program at all until you successfully complete your payment. We will attempt to re-charge your credit card in 3 more days.
After 3rd failed 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 the Program and no refund will be given.
When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Program terms.
Late / No Payments:
Payments are due on or before the due dates listed in this section. Late payments will not be accepted. If a payment is not made on or before the due dates stated herein, the Coach will send the Client an email with instructions on how to make immediate payment.
The Coach will not perform any additional services for the Client until payment is completed and the Client’s access to any client portal or materials may be removed until payment is made.
3. Refund Policy
a. No Refunds
The Coach will do everything within their ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. Refunds will not be issued for coaching services already conducted. If, for any reason, the Coach is unable to fulfill their obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered.
b. No Chargebacks
The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, Shopify) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
4. Term & Termination
The Program is recurring monthly program with a minimum of 3 months and begins on the effective Agreement date (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.
The Client may not terminate the Agreement prior to the end of the 3 month minimum. The Coach may, for any reason, terminate the Agreement prior to the end of the Term, with a refund issued to the Client for any unused portion of the Program.
5. Client Commitments
The Client agrees to the following as part of the Program:
A. The Client shall participate fully in the Weekly Check Ins (subject to Section 10.B), Coaching Calls, and any other part of the program, to the best of their ability.
B. The Client shall immediately inform the Coach of any issues or difficulties they may have with the Program.
C. The Client shall complete payment of the Investment according to the Terms herein.
6. Coach Commitments
The Coach agrees to the following as part of the Program:
A. The Coach shall participate fully and intently in the Coaching Calls, Weekly Check In Process (subject to Section 10.B) and any other part of the program, to the best of their ability.
B. The Coach will support the Client to the best of their abilities in accordance with Section 1 of this Agreement.
C. The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client. The Coach will not divulge that the Parties are in a coaching relationship without your express permission.
D. The Coach agrees to conduct the Coaching Calls/Sessions by phone as scheduled by the client, up to 2 per month (30 minutes each).
7. Intellectual Property Ownership:
The Program and its content, including, but not limited to, workouts, PDFs, messages, and all app resources are intellectual property owned by Back 40 Fitness LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
8. No Sharing:
You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.
9. Disclaimer
The Coach is not a nutritionist, therapist, or licensed medical professional, 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 their physician before implementing changes or habits suggested by the Coach. The Client confirms that s/he has or will discuss any and all changes to their diet, exercise regimen, supplements, medications, or lifestyle with their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to their lifestyle. The Client understands that the Coach is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist.
Further, the Coach has not promised, nor shall they 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 their life.
10. Cancellations, Rescheduling & Vacation Adjustments
A. If you are unable to keep an appointment that we have, please provide 24-hour notice to the Coach. The Client can reschedule their appointment by using the scheduling link provided in their Portal.
B. Vacation & Out-of-Office Scheduling Adjustments. Both the Coach and the Client may take planned time away during the Program. The Program is a monthly coaching program, and the monthly Investment covers ongoing coaching support rather than a set number of individual check ins. Planned time away by either party therefore does not pause, prorate, or reduce the Investment, and does not extend the Term.
Notice. The Coach will give the Client at least one (1) week's notice of planned out-of-office dates. A Client who would like to adjust their check in schedule around their own vacation must give the Coach at least one (1) week's notice.
Scheduling Options. When a weekly check in falls during a week of planned time away, the following options are available:
1. Earlier check in: the check in is pulled forward to the week before the time away.
2. Later check in: the check in is moved to the week after the time away.
3. Preparation call: in place of completing two check ins in the week before the time away, the Client may schedule a 30-minute phone call before departure to fully prepare for the break. This call counts as one of the Client's Coaching Calls for the month under Section 1.D.
Adjustment Window. Rescheduled check ins must take place within one (1) week before or one (1) week after the time away. A check in that is not rescheduled within this window is considered skipped and will not be made up or carried over.
No Notice. If the Client does not give notice or select an option, any check in missed during their time away is considered skipped, with no make-up and no change to the Investment.
Messaging During Coach Time Away. Direct messaging under Section 1.E is paused during the Coach's out-of-office dates. Messages received will be answered on the Coach's first business day back.
Coach Time Away. Planned out-of-office time by the Coach, handled as described in this Section, is not a failure to perform under Sections 3.a, 6, or 11.
11. Limitation of Liability
Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
12. Indemnification
Client agrees to indemnify and hold harmless the Coach, Back 40 Fitness LLC and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Back 40 Fitness LLC or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach.
13. ARBITRATION
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 IN. The arbitration hearing shall be held in the state of IN. 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 Coach.
14. Entire Agreement
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.
15. Severability
The provisions of this 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 this 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.
16. Applicable Law + Venue
This agreement shall be governed by the laws of the state of IN. Any action brought by any party arising out of or from these Terms shall be brought within the IN, County of Porter.
17. Photograph and Testimonial Release
The Client grants the Coach 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 the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of their likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share their name or identifying information.
18. Confidentiality
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 the Program (“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.
Permitted Disclosure. Notwithstanding anything in the foregoing, the Parties may disclose Confidential Information to the extent necessary as required by law, a court of competent jurisdiction, and/or any governmental authority or agency. Where permitted by law or legally permissible, the Parties shall disclose a request for information in writing to the other prior to disclosure.
19. Recording Sessions
The Coach will advise the Client in writing in advance of any sessions if their session(s) will be recorded for any reason. The Client may not record any sessions with the Coach without the Coach’s prior written consent.
20. Force Majeure
In the event that any circumstances beyond or not within the reasonable control of the Parties, including, but not limited to: an act of God (such as, but not limited to, fire, explosion, earthquake, flood, tsunami, drought, tidal waves, hurricanes, etc.), pandemic, hostilities, war, invasion, curtailment or interruption of transport, threats or acts of terrorism, State Department travel advisory or warning, 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 circumstances.
21. No Guarantees, Warranties or Representations
The Coach has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the outcome or success (or the likelihood of such) in working with the Coach. The Client understands that due to the nature of the Program, the results experienced by each client may vary. The Coach does not make any guarantees other than that the Program shall be provided to the Client in accordance with the terms of the Agreement as stated herein.