Kelly Athletics LLC: Terms of Service

Terms and Conditions

By using this website www.FitWithKelly.com, I agree to the following Terms and Conditions whether or not I am a paying customer (“Client”) of Kelly Gibson at Kelly Athletics LLC (“Nutritionist”). I, the Client, understand that my request for service or advice from this website and/or from the Nutritionist is at my own discretion. I agree that I am not receiving medical advice, a prescription, or treatment plan by accepting information or recommendations from Nutritionist. If I do choose to purchase a service or schedule appointments, the following terms and conditions apply to me.

Terms of Service: I, the Client, understand that my payment is not just an hourly payment for attending appointments with Kelly Gibson, the Certified Personal Trainer and Holistic Nutritionist (“Nutritionist”). The total cost goes toward reserving an appointment time and toward any added services included in a program. My payment rate is based upon receiving weekly and/or monthly services included in my program. Based on all the services I receive, I am paying for the overall program (not just individual sessions). Additional fees go toward Nutritionist’s online services that she completes outside of our appointments during her work-from-home hours. Nutritionist offers sessions as part of a program with online services to improve Client success, by providing all tools necessary to benefit the Client. It is the responsibility of the Client to make sure they receive all the online services by reminding Nutritionist if they are not received in a timely manner. I, the Client, agree to participate in emails, calls, and/or texts required for online service(s); if I do not participate as requested, then it is assumed that I opted out of service(s) and will not be reimbursed for it. If Client terminates contract early or if Client does not abide by the policies set forth herein this contract, Nutritionist is no longer required to provide online services. If Client opts out of participating in the online services, it will not result in a refund and/or transfer of services. I, the Client, agree to these program costs and services. I understand that all services purchased from Kelly Athletics LLC are non-refundable and non-transferrable. I will comply to all Terms and Conditions of this agreement. 

Payment Policy: The Client hereby purchases the service(s) indicated above from Kelly Gibson at Kelly Athletics LLC (Nutritionist) per the terms set forth herein. Client agrees to Session Information as stated above and agrees to make all payments on time and in total amount due. Client herby authorizes Nutritionist to request & take payment for the fitness and/or nutrition services listed above. Client agrees to pay above amount(s) to Nutritionist at least 24 hours prior to the Start Date of the contract, as indicated above, to reserve and confirm sessions. Late or unpaid payments may result in forfeiting scheduled appointments. I understand that by paying for services from the Nutritionist there are no refunds for paid or scheduled sessions regardless of circumstances.

 

Scheduling Policy: Client understands that attending scheduled appointments on a regular basis (same times and days each week) is a commitment of the Client. Client must agree to the terms of all scheduling policies as stated herein. It is the Client’s responsibility to meet at the Scheduled Days and Scheduled Times as specified above and confirmed below. There are 4 calendar weeks per program “month” to schedule and attend paid sessions. Client may not extend the Contract End Date, unless given written email confirmation by Nutritionist. The Contract Start Date and Contract End Date are clearly specified above and I, the Client, agree that all my services and appointments must be completed during that period or be forfeited. Cancellations that occur 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. All Client appointments made or changed must be confirmed by kjirish408@gmail.com, otherwise may not be approved. I, the Client, understand that I must reschedule appointments via phone call when I have my schedule in front of me, ready to communicate changes. I must not text or email the Nutritionist to request new appointment times for missed or canceled appointments. Rescheduled sessions must be approved at discretion of Nutritionist within Nutritionist’s availability, then be confirmed via email. If a requested time is not available, Client may forfeit session.

 

24-Hour Rescheduling Policy:  Client must comply to the Nutritionist’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. One-on-one sessions can be rescheduled at an available time slot that is not reserved for another client per Nutritionist’s availability. Client agrees to participate in all emails, calls, and/or texts required for online service(s) purchased. It is the responsibility of the Client to reschedule missed sessions with Nutritionist within 10 days of original appointment time and prior to Contract End Date; otherwise missed session(s) will expire. Nutritionist’s availability for rescheduling is variable and may change from week to week. Nutritionist 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 Nutritionist’s open time slots prior to Contract End Date, sessions will not be rescheduled nor refunded. Nutritionist 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 Nutritionist 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 Nutritionist takes Sick Days, Holiday Time Off, and/or Vacation Days that requires Nutritionist to cancel our session, Nutritionist will offer Client to reschedule session prior to Contract End Date.  Nutritionist 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 appointment, he/she must give advanced notice prior to the appointment start time. No-shows without advanced notice are not acceptable, including not answering the phone, email, or text messages for scheduled chats. Clients are responsible for being on-time to their appointment. Clients are expected to text Nutritionist prior to session start time if they are running late. Nutritionists are obligated to wait no longer than 10 minutes if no phone call or text is made. After 10 minutes, the Nutritionist is not required to wait and the appointment may be forfeited and/or considered a no-show. If no notice is given because Client does not call, text, or email Nutritionist, a warning will be issued by the Nutritionist and is not required to initiate remaining scheduled appointments without Client response. If Client attempts to terminate the contract verbally, with or without written notice, a contract cancellation request may 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 Nutritionist. 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 Nutritionist will be at no obligation to provide service after contract is terminated in writing. I, the Client, agree to Nutritionist’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 Nutritionist 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 Nutritionist. 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 Nutritionist. I understand the Nutritionist is not a licensed Nutritionist or Dietitian and it is at my own risk to adhere to the Nutritionist’s 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 Nutritionist 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 Nutritionist. I HEREBY ACKNOWLEDGE that the Nutritionist is not in any way responsible for my safety beyond the Nutritionist’s knowledge of my circumstances or beyond the Nutritionist’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 Nutritionist. I agree that results of Nutritionist 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 Nutritionist or against any owner of the property involved. I agree to these same conditions on behalf of anyone I bring to the Nutritionist’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 & Nutritionist agreement at Kelly Athletics LLC. I agree to all Terms & Conditions and Privacy Policy set forth on the Kelly Athletics LLC website at www.FitWithKelly.com which may be updated at any time online without formal notice. By signing an agreement with Kelly Athletics LLC, I agree to comply with the contract in its entirety. I verify that my identity listed is accurate on both signed and initialed pages. I agree to follow all Terms and Conditions for any and all purchases made at Kelly Athletics LLC including purchases from today forward.