Kelly Athletics LLC: Terms of Service

Terms and Conditions

By using this website (https://FitWithKelly.com), you agree to the following Terms and Conditions, whether or not you are a paying client of Kelly Gibson at Kelly Athletics LLC (“Trainer”). You understand that any information or recommendations provided through this website or by the Trainer are for general educational purposes only and do not constitute medical advice, prescriptions, or treatment plans. Your decision to act on any information is at your own discretion and risk.

If you choose to purchase services or schedule appointments, additional terms and conditions will apply as outlined in a separate written agreement. These Terms and Conditions may be updated at any time, and continued use of the website constitutes acceptance of any changes.

TERMS OF SERVICE:

Cost of Services: By accessing or using this website, or by purchasing services from Kelly Athletics LLC,  you (“Client”), understand that this agreement pertains to payments made to Kelly Athletics LLC in exchange for services provided by Kelly Gibson, a Certified Personal Trainer and Certified Holistic Nutritionist (“Trainer”). The Trainer may deliver services, as outlined under Program Information, once designated payments are received, and all requested intake forms are completed. If signing a document electronically, I consent to and agree that my electronic signature carries the same legally binding force and effect as a handwritten signature, which may be used if the document is printed. Any delay in signing an agreement may result in forfeiture of sessions scheduled after the Contract Start Date. I understand that all payments made to the Trainer are non-refundable, regardless of the reason—including canceled appointments—as the Trainer begins working on my program immediately upon payment. This includes, but is not limited to, reserving scheduled time slots, reviewing and preparing intake forms, designing the program, preparing sessions, and communicating via text and/or email. If I fail to confirm or attend scheduled appointments, I agree to forfeit any services associated with those Scheduled Times. It is my responsibility to ensure that all services are received as expected by providing timely feedback to the Trainer. If either the Trainer’s or Client’s contact information changes, it must be promptly confirmed via text and/or email. I agree to attend all scheduled appointments and respond to emails, calls, and/or texts from the Trainer in a timely manner. If program changes are requested after the Contract Start Date, the Trainer may require a new fee. I, the Client, acknowledge and accept the cost of services and understand that my program is non-refundable. 

Payment Policy: The Client hereby purchases the services indicated above from the Trainer and agrees to the Program Information section as described above. The Client commits to making payments on time and in the total amount due. The Contract Start Date should be scheduled prior to the First Appointment to provide the Trainer with enough time to prepare the Client’s program. The Client authorizes the Trainer to request and collect payment for the selected program using the Payment Information provided above. The Initial Payment to Kelly Athletics LLC is due on the Contract Start Date to reserve and confirm sessions. Any late, unpaid, or cancelled payments may result in forfeited Scheduled Times and/or Services. If paying via PayPal subscription, the Client’s payments will be auto-recurring and automatically charged from the Client’s PayPal account every 28 days until cancelled. The Client must have sufficient funds in their account for automatic payments, as any cancelled or declined payments may result in delayed and/or forfeited services. If PayPal is unable to process an upcoming automatic payment, whether cancelled or declined, the Client must submit a new PayPal payment using the same PayPal account and contact information originally used for the subscription, on the same day, to avoid forfeiting upcoming sessions. The Client must provide at least 21 days’ notice to the Trainer directly at 480-270-4968 or by email if intending to cancel an upcoming payment. The Trainer may bill the Client for any remaining payments if a cancellation occurs without sufficient notice. If the Client provides any indication of intent to cancel or discontinue any remaining payments, including statements made to the Trainer or cancellation of their PayPal subscription, the Trainer reserves the right to bill the Client for the remaining amount due, cancel any remaining sessions, and terminate this contract without refund. The Client may forfeit all remaining services if payments are not received in full and on time. The Final Payment will be the last payment made by the Client during this program. I, the Client, understand the Payment Policy, agree to make all payments on time, and agree to provide at least 21 days’ notice if I need to cancel an upcoming payment. 

Terms of Use: Depending on the Program Selected, the Trainer may deliver the Client’s program via third party platform (e.g., Microsoft Teams, Google Meet, Zoom Meeting, Everfit app). Kelly Athletics LLC, Microsoft, Google, Zoom, and Everfit Technologies Inc. are separate entities and should be treated as such. Each platform has its own Terms of Service and Privacy Policy, and it is the Client’s responsibility to understand and comply with those terms. All technical issues with the platform(s) used must be reported directly to the respective support team. It is the Client’s responsibility to learn how to navigate the platform(s) and complete scheduled sessions on time. If using Everfit, the Trainer may allow the Client to rearrange workouts within the Everfit Client app to accommodate their personal schedule; however, sessions should still be completed in the original order they were scheduled. The Client must keep Everfit notifications turned on to receive and respond to communication from the Trainer in a timely manner. If the Client misses scheduled sessions for 7 consecutive days, the Trainer may archive the Client’s account due to inactivity. After the Client’s program ends, the Everfit account will be archived and/or cancelled, and the Client may lose access to their program. To regain access to Everfit after the program ends, the Client must enter into a new agreement with the Trainer. If at any time the Trainer discontinues use of a platform or if unresolved technical issues arise, the Trainer may require the Client to complete their program through an alternative method of equal or lesser value. Clients are strictly prohibited from recording video calls, duplicating, or distributing training plans without the Trainer’s prior written consent. All training materials and sessions are confidential and intended solely for the Client’s personal use. By utilizing these platforms to receive services from Kelly Athletics LLC, I, the Client, agree to the Terms of Use and understand that there are no refunds under any circumstances, including missed sessions or technical issues. 

Scheduling Policy: The Client understands that appointments must be scheduled and attended at the same Scheduled Times each week for the duration of the selected program. It is the Client’s responsibility to attend appointments at the Scheduled Times specified above. Any changes to the Scheduled Times must be confirmed via email or text (or via Everfit if using the app). Each program “month” consists of 28 calendar days, during which paid sessions must be scheduled and attended. The Client may not schedule sessions that have not been paid for, nor reschedule sessions beyond the anticipated Contract End Date. The Contract Start Date and Contract End Date are clearly specified in the program information above, and all services must be completed during that time. Missed sessions due to illnesses or other personal reasons may be rescheduled if the Client provides a minimum of 24 hours’ notice to the Trainer via text or email. Rescheduled sessions will be approved at the discretion of the Trainer and confirmed via text or email (or via Everfit). If the Client declines to reschedule during the Trainer’s available times, the Client agrees to forfeit the missed session. It is the responsibility of the Client to attend the original Scheduled Times or when the Trainer is available for rescheduling. If the Client cancels sessions frequently, then missed sessions may be forfeited at the discretion of the Trainer. If the Trainer cancels sessions or requires a schedule change, the Trainer will provide advanced notice and offer to reschedule those sessions. Any sessions missed should be rescheduled promptly. I, the Client, understand and agree with the Scheduling Policy and acknowledge that it is my responsibility to be available when scheduled.

Personal Time Off Policy: For time off due to holidays, vacations, work travel, or other personal conflicts, the Trainer and/or Client should give at least 14 days’ notice and attempt to reschedule missed sessions within the same month. Time off for medical reasons may be requested if the Client provides a doctor’s note to the Trainer with written diet and/or exercise restrictions for a given amount of time. Taking time off should not result in an extension of the Contract End Date; however, it may be considered for extended time off. Any extensions past the original Contract End Date must be approved by the Trainer and confirmed via text or email. Any change to the original payment schedule due to time off must be approved by the Trainer and confirmed via text or email. If the Client takes extended time off, delays or cancels payments, or frequently cancels appointments, the Client may forfeit reserved time slots and be asked to change their Scheduled Times. I, the Client, agree to the Personal Time Off Policy and understand that my originally Scheduled Times may change due to a time off request. 

Medical Time Off Policy: If Client reports a health issue that may impact safety, a doctor’s note and/or formal medical clearance must be submitted to Trainer within 7 calendar days upon request. With valid documentation signed by a licensed healthcare provider, the program may be paused for up to 7 consecutive days without forfeiture. Any sessions missed during this period may be rescheduled upon the Client’s return at the Trainer’s discretion. If the pause exceeds 7 days or if verifiable documentation is not provided, remaining sessions may be forfeited. If a healthcare provider recommends additional time off for Client, formal medical clearance will be required upon return. If modifications are recommended, documentation should include a time frame for when the Client can resume at full training capacity. If medical time off affects the payment schedule or Contract End Date, a new agreement form may be required upon return. Forfeited sessions due to a health provider’s recommendation may be eligible for inclusion in a new agreement at a reduced rate, at the Trainer’s discretion. I, the Client, agree to the Medical Time Off Policy and understand that I may need to get medical clearance if my health changes. 

Cancellation Policy: Clients are responsible for attending and being on time for all appointments. Any cancellations for sessions must be emailed to the Trainer or texted to 480-270-4968 prior to the scheduled appointment time. Cancelling a meeting without notifying the Trainer is considered a no-show. Being more than 10 minutes late for a meeting is also considered a no-show. A no-show appointment will be forfeited, and a warning may be issued to the Client. The Trainer is not required to attend remaining appointments after a no-show unless the Client confirms their next appointments via text or email in advance. If the Client attempts to terminate their program via no-show, verbal request, or written notice, the Trainer can confirm the termination of sessions via text or email. The Client has 72 hours to reply to the Trainer after a no-show or termination email. No response within 72 hours of a no-show can result in early termination of the program, leading to forfeiture of all remaining services and sessions without refund. If the Client no-shows more than once, the Trainer can terminate remaining sessions at the Trainer’s discretion. Upcoming payments may still be due regardless of cancelled sessions unless sufficient notice is provided. The Trainer is under no obligation to provide services or issue a refund after the program is terminated; however, the Trainer may choose to restore sessions if the Client attempts to reconcile after cancellation. If the Trainer or Client feels that the client-trainer relationship is not a good fit, either party can request to end the program early. It is at the Trainer’s discretion whether to attend or cancel remaining sessions or to bill for upcoming payments. Upon terminating the program, the Contract End Date may be adjusted to an earlier date. I, the Client, agree to this Cancellation Policy and agree to provide sufficient notice for any missed or late sessions. 

WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT: I, the undersigned Client, acknowledge that I am solely responsible for my preparation and safety while participating in any activity directed or recommended by Kelly Athletics LLC, including wearing any necessary protective equipment. I understand that it is advisable to consult a medical professional before engaging in physical activity or dietary changes and that I will inform the Trainer of all my medical conditions, procedures, and medications. I confirm that I have been examined by a doctor regarding any medical conditions, if applicable, and that I am capable of safely participating in a lifestyle management program that involves changes to my eating and exercise behaviors. To the best of my knowledge, I have no physical or medical condition that would endanger myself or others during any activity directed or recommended by the Trainer. I accept full responsibility for all risks associated with diet and exercise and agree not to pursue defamation, legal action, or compensation for any injury, illness, or unforeseen medical issue arising from my participation with Kelly Athletics LLC. I understand that the Trainer, although a Certified Holistic Nutritionist and Certified Personal Trainer, is not a licensed Nutritionist, Registered Dietitian, or medical professional. I acknowledge that following the Trainer’s suggestions is at my own risk and that I am responsible for my choices regarding exercises, foods, and supplements. If I feel uncomfortable or unsafe with any recommendation, I may choose not to follow it and must seek clarification on any instructions as needed. The Trainer will make reasonable efforts to maintain my safety and that of any guests I bring to sessions. I understand that program results are not guaranteed and that there are no refunds if I fail to meet my goals or expectations. I acknowledge that the Trainer is not responsible for my safety beyond her knowledge of my circumstances or control (e.g., equipment malfunction or medical emergency). I am aware of the inherent risks associated with any fitness or nutrition program, workout, or activity recommended by the Trainer. I agree to waive, release, discharge, and not sue the Trainer, property owners, or any related parties for any claims of damages for personal injury, property damage, or death arising from my participation in any program. This agreement extends to anyone I bring to the premises, including children and animals. I agree to maintain the confidentiality of all materials provided by the Trainer, including emails, texts, and communications via the Everfit app, and not to share these materials with others. I agree that these terms apply to all purchases with Kelly Athletics LLC, including those made before and after today’s date. I, the Client, agree to the above waiver of liability and assumption of risk agreement. 

These Terms and Conditions have been updated as of 12/16/2025.