Terms & Conditions

TERMS OF SERVICE:

Cost of Service: I, the Client, understand that my payment is not just an hourly payment for attending appointments with Kelly Gibson, the Trainer. The total cost goes toward reserving the time slot and toward any additional services listed below, and my rate is based upon receiving weekly and monthly services included in my program. Based on all the services I receive, the estimated cost per session at the gym vs cost of online services will be written on our contract agreement upon purchase. Some of the fees may or may not go toward Trainer’s online services that she completes outside of the gym during her work-from-home hours. Trainer offers gym sessions as part of a program with online services to improve Client success, by providing additional tools to benefit the Client. It is the responsibility of the Client to make sure they receive all the online services by reminding Trainer if they are not received in a timely manner. Client must participate in emails, calls, and/or texts required for online service(s). If Client does not participate then it is assumed Client opts out of services. If Client terminates contract early or if Client does not abide by the policies set forth herein this contract, Trainer is no longer required to provide online services.

Summary of Services and Pricing:  Trainer will provide services with their quantities and individual costs to Client on our contract agreement upon purchase. The rates will be shown for cost of Personal Training at gym, Nutrition Coaching at gym, Online Services outside of the gym, and the Total Cost of Program. Online Services must be selected by the Client and listed on the contract. If client opts out of participating in any gym or online services, it will not result in a refund and/or transfer of services. I, the Client, agree to all and any program costs and services I sign up for as stated on www.fitwithkelly.com website prior to purchase. Any meal ideas, recipes, exercises, or coaching tips provided in my plan(s) are mere suggestions for me to follow and I am not required to follow these plans strictly. Trainer may provide information that she learned in her certification programs or designed from hands-on experience.  I understand that all services purchased from Kelly Athletics LLC are non-refundable and non-transferable, and must comply to all terms and conditions of our contract agreement. I agree to print, sign, and return a copy of our contract agreement upon purchase.  Once contract is signed, Trainer can begin to provide services. If I delay providing a handwritten signature, it may delay the start of our program or the timeliness that I receive any services from Trainer. Trainer is also

Payment Policy: The undersigned client (“Client”) hereby purchases the service(s) indicated on my receipt upon checkout from Kelly Gibson at Kelly Athletics LLC (“Trainer”) per the terms set forth herein. I, the Client, agree to make all payments on time and in total amount due. I herby authorize the Trainer to request & take payment for any fitness and/or nutrition sessions as purchased upon checkout today. I agree to pay Trainer at least 2 days (48 hours) prior to the Start Date of our contract agreement, as indicated above, to reserve and confirm any appointments made. Late or unpaid payments may result in forfeiting or delaying Scheduled Days & Times. I understand that by paying for services from the Trainer there are no refunds for paid or scheduled sessions regardless of circumstances.

Scheduling Policy: Regarding any services I purchase that require an appointment, I, the Client, agree to the Terms of all scheduling policies as stated below. I understand that attending scheduled sessions on a regular basis (same times and days each week) is a commitment on my behalf and it is my responsibility to meet at the Scheduled Days and Times specified on our contract agreement, and/or confirmed via email. There are 4 calendar weeks per program “month” to schedule and attend paid sessions. Client may not extend the Contract End Date for any reason without approval of Trainer. The Contract Start Date and Contract End Date are clearly specified on our contract agreement and I, the Client, agree that all my sessions must be completed during that period or be forfeited. All or any updates to client schedule must be emailed to kjirish408@gmail.com, and cancellations within 24 hours (which are not reschedulable) must be both emailed to kjirish408@gmail.com and texted to 480-270-4968 at least 30 minutes prior to time of appointment. I understand that I should not text or call the Trainer to reschedule missed appointments. Client must reschedule appointments in person at the beginning of the Client’s next appointment, when both Client and Trainer have their schedules to communicate changes together. Rescheduled sessions must be approved at discretion of Trainer within Trainer’s availability, then confirmed via email.

24-Hour Rescheduling Policy:  Client must comply to the Trainer’s 24 Hour Rescheduling Policy. Missed sessions due to illnesses, Medical Conditions, Injuries, or other personal emergencies cannot be rescheduled without a minimum of 24 hours’ notice. Group sessions can only be rescheduled to another small group training time per Trainer’s availability; 1-on-1 sessions can be rescheduled at an open time slot that is not reserved for Small Group Training per Trainer’s availability. I agree to sign in at the beginning of every session for Trainer to log my attendance. It is the responsibility of the Client to reschedule missed sessions with Trainer within 10 days of original appointment time and prior to Contract End Date; otherwise missed session(s) will expire. Trainer’s availability for rescheduling is variable and may change from week to week. Trainer is not required to reschedule sessions if time(s) requested are not available. Client cannot reschedule more than 3 sessions in any 6-week given period. If sessions cannot be rescheduled due to Client unavailability during Trainer’s open time slots prior to Contract End Date, sessions will not be rescheduled nor refunded. Trainer is NOT required to reserve the Client’s original Scheduled Day & Time after it has been requested off; any given session cannot be rescheduled more than one time. I, the Client, understand that I must email Trainer at least 24 hours prior to my appointment start time to cancel sessions. I understand that missing appointments on less than 24 hours’ notice will result in a forfeited session (paid in full) with no refund or reschedules.

14-Day Holiday & Vacation Policy: To request approval to extend Contract End Date due to vacation or travel, Client must give a minimum of 14 days’ notice to reschedule vacation days or holidays beyond the 10-day rescheduling window and/or 7 days beyond the Contract End Date. If Trainer takes Sick Days, Holiday Time Off, and/or Vacation Days that requires Trainer to cancel our session, Trainer will offer Client to reschedule session prior to Contract End Date.  Trainer time off does not qualify Client for refunds, free sessions, and/or contract extensions. Contract extensions due to vacation or travel cannot exceed 7 days per 3-month period.

No-Show Policy: If Client cannot attend a scheduled session, he/she must give advanced notice prior to the appointment start time. No-shows without advanced notice are not acceptable. Clients are responsible for arriving on-time to their sessions. Clients are expected to text Trainer prior to session start time if they are running late. Trainers are obligated to wait only 10 minutes if no phone call or text is made. After 10 minutes, the Trainer is not required to wait and the session may be forfeited and/or considered a no-show. If no notice is given and Client does not call, text, or email Trainer, Trainer will issue a warning and is not required to attend remaining scheduled sessions without Client response. If Client attempts to terminate the contract verbally, with or without written notice, the contract cancellation request will be sent via email. Client has 72 hours to deny cancellation request in writing. No response within 72 Hours of a warning will result in early termination of contract, which will then be confirmed via email by Trainer. With early termination, all remaining sessions in contract are forfeited, and no reschedules or refunds are given. Remaining payments are due regardless of cancellation, but Trainer will be at no obligation to provide service after contract is terminated. I, the Client, agree to Trainer’s No-Show Policy.

WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT: I, the undersigned Client, agree that I alone am responsible for: (a) my proper preparation and safety while participation in any activity directed or recommended by the Trainer and (b) wearing properly functioning protective equipment I may need while participating in any such activity. I also represent that I have no physical or medical condition which, in my knowledge, would endanger myself or others while I participate in any activity directed or recommended by the Trainer. I understand that I should consult a medical professional prior to engaging in any physical activity, and that I provided all if any medical conditions and medications I am currently taking. I am fully aware of risks, conditions and hazards associated with my participation in training or nutrition sessions and activities directed or recommended by the Trainer. I understand the Trainer is not a licensed Nutritionist or Dietitian and it is at my own risk to adhere to the Trainer’s nutrition recommendations. I understand it is my responsibility to ask for clarification on any written or spoken instructions, if visuals are not given. I trust that the Trainer will make every adjustment necessary to routines, recommended exercises, or nutrition recommendations to maintain the highest level of safety for myself, my guests, and the Trainer. I HEREBY ACKNOWLEDGE that the Trainer is not in any way responsible for my safety beyond the Trainer’s knowledge of my circumstances or beyond the Trainer’s control (such as equipment malfunction or another unforeseen incident).  I am fully aware of the risks, conditions and hazards associated with my participation in any training or nutrition program, training session, or any other activity of any kind directed or recommended to me by the Trainer. I agree that results of Trainer program are not guaranteed; results vary based on my adherence to the program, my ability to exercise and follow nutrition recommendations, how often we meet, my attendance, my effort in and out of our sessions, my metabolism and genetic makeup, and my honesty and integrity of reporting what exercises I have done and what foods I have eaten. I understand that there are no refunds for not meeting my goals or achieving expected results during this contract.  I FURTHER AGREE TO WAIVE, RELEASE, DISCHARGE, AND COVENANT NOT TO SUE, for myself, my family and spouse, my heirs, executors, administrators, legal representatives, assignees and successors in interest in any and all claims of damages for personal injury, property damage or death which I have or which may hereafter accrue to me as a result of my participation in any training program, training session, or any other activity of any kind, against the Trainer or against any owner of the property involved. I agree to these same conditions on behalf of anyone I bring to the Trainer’s premises during my personal training sessions, including children. I, the Client, agree to all terms & conditions of service associated with the policies and services of the Personal Trainer & Nutrition Coach agreement at Kelly Athletics LLC. By signing the agreement below, I agree to comply with this contract in its entirety. I verify that my identity listed is accurate on both signed and initialed pages. I agree to follow these terms and conditions for any and all purchases made at Kelly Athletics LLC including purchases after today’s date.

Physical Activity Readiness Questionnaire

It is the Client responsibility to inform Trainer if they have any injuries, medical conditions, symptoms and/or medications. The 7 questions below must be reviewed by Client prior to starting a program. If the answer is yes to any of the questions, Client must inform Trainer and request their doctor’s recommendation on what activities and foods will be safe moving forward. 1. Has your doctor ever said that you have a heart condition and that you should only do physical activity recommended by a doctor? 2. Do you feel pain in your chest when you do physical activity? 3. In the past month, have you had chest pain when you were not doing physical activity? 4. Do you lose your balance because of dizziness, or do you ever lose consciousness? 5. Do you have a bone or joint problem (for example, back, knee or hip) that could be made worse by a change in your physical activity? 6. Is your doctor currently prescribing drugs (for example, water pills) for your blood pressure or heart condition? 7. Do you know of any other reason why you should not do physical activity? Disclaimer: Any workout or nutrition plan is not to be taken as medical advice. Recipes, exercises, calculations, and/or other materials provided by Trainer are for educational purposes only. All or any suggestions are meant to be helpful but are not 100% guaranteed to have scientific evidence to prove effectiveness. Please consult a physician prior to beginning or changing your workout or nutrition program for safety.  If your health changes so that you then answer YES to any of the above questions, injuries, medical conditions, symptoms and/or medications, tell your Trainer.

How to Participate in Forums or Groups: I the Client may participate in Trainer’s forums or groups in the following ways: post photos of meals, comments with their experience, questions about the recipes, and may share any vegan-related information or questions to keep the group active. I may post photos or recipes of a meal even if it is not part of the meal plan, but posting animal-based foods is not permitted. Anything containing milk, butter, cheese, whey protein, casein, honey, chicken, turkey, fish, meat, eggs, egg whites, gelatin, or other animal-based ingredients is not vegan and may not be promoted in Trainer’s online groups or forums. I may share with the group my unique ideas, and may let the group know what ingredients are in my meal if I post a photo. I may NOT share the ingredients list or recipe if purchased by Trainer. I may also share workouts or photos of exercises I am doing. If Trainer finds anything to be offensive, against the rules, or unrelated to the group mission, posts will get deleted. If I am a repeat offender of posting spam or negativity, she may remove me from the group.  Any non-vegan photo or recipe posted in Trainer’s online forums or groups can be deleted. Posting non-vegan foods more than once can disqualify me from participating and result in removal from the group. If I make homemade recipes, I may share some of my favorite vegan meals but will not post URLs or links to other websites. Trainer is not responsible for giving Client services for free that are listed on her website for a service fee (example – calorie & macro calculations, food or exercise log check-ins, meetings for nutrition coaching sessions, training plans, etc). I understand that the Trainer may answer questions that are related to a service purchased, but if I need more guidance than what I paid for the Trainer may direct me to purchase another service.

Advertising & Soliciting: If part of my program requests I participate in an online forum or group, I agree to the follow. I, the Client, cannot post any links to websites that advertise any products or services in competition with Kelly Athletics LLC (Meal Planning, Personal Training, Gyms, Weight Loss, and/or Nutrition services). I will not post any advertisements for local gyms or trainers who are in competition with Kelly Athletics LLC (Personal Training or Group Fitness Instruction). Using this program to advertise or distract other participants from their program can result in immediate dismissal from the group and disqualify me from receiving services. I will not post ads for my personal business, another business, or an unrelated program or service without permission. If members report that I am privately messaging them during the program to solicit my business, I will be warned and/or disqualified from participation and removed from the group.

Substitutions: Any Plant-Based Substitutions need to be requested prior to receiving recipes and approved by Kelly Gibson prior to the start date for any nutrition program. Having a distaste or aversion to a food does not qualify Client for substitutions. Requesting substitutions does not guarantee that Trainer will provide you new recipes (request must be within reason). Substitution requests are meant for replacing ingredients in recipes with another safer ingredient. Requests cannot be calorie-based or macronutrient-based requests, and cannot require significant extra work to adjust; otherwise you will be asked to purchase an upgraded service.  As the Trainer I offer substitutions to customers with food allergies, food intolerances or medical conditions to cater to their special needs. Please share with Trainer which plant-based foods you are unable to eat due to food allergy or medical condition.  I, the Client, agree to share with Trainer all Food Allergies, Food Intolerances and/or plant-based ingredients I cannot eat due to Medical Conditions prior to receiving services.

Medical Disclaimer: I understand that the Trainer is a Certified Nutrition Coach, and her programs are not intended to be used as medical advice or a strict meal plan. I understand that following recipes and suggestions are optional, and should be treated as a guide toward healthier eating. I agree that Trainer is not a registered dietitian or licensed nutritionist, and does not advertise herself as such. I agree to disclose any medical conditions below and seek approval from my physician before making any changes to my diet. I understand I am not being forced to eat anything, as participation in online forums and groups is entirely optional. I cannot be refunded for declining to participate or for cancelling appointments. I understand that tracking calories, macronutrients, weight, body fat, and other measurements are not required for Clients and it is optional for me to stick to any recommended food intake by Trainer. I agree that I will NOT go on a restrictive diet under 1200 calories if I am a woman, or under 1400 calories if I am a man (unless recommended & monitored by your physician). Trainer does not require supplements or vitamins as part of the plan, but may make recommendations. I agree that I will not start or stop a prescription medication without the approval of my physician. If a medical condition prevents me from adhering to the meal plan or prevents me from participating, I agree that I am responsible for my purchase and I am not eligible for a refund.

Terms and Conditions Summary: By purchasing a nutrition or fitness plan from Kelly Athletics, I agree to the terms and conditions listed on this webpage and understand that there are no refunds for any program after purchase. In order to receive service(s) from Trainer, I must sign and agree to a contract/waiver form. I agree that the contact information I provide upon purchase and in the contract is accurate and true. I agree to use my own identity with full disclosure, not to identify as someone with false information. I understand that I cannot transfer this purchased plan to another person. Reproducing, reselling or distributing materials without Kelly Athletics’ approval is considered copyright infringement and could proceed with legal action. I agree to all terms and conditions prior to completing any purchase(s).