FEATURED PARTS of the LAW LINGO below, in REAL TALK

  1. This is a contract between you and Homegrown Fit, LLC. It’s not transferable. For this contract, you agree to pay the amount due, on or before the first date of services are rendered. Invoice/receipts are available through your Stripe account.

  2. You are about to or have just finished filling out a PAR-Q and You questionnaire. The purpose of this form is to scan for anything we might want to check in with medical pros in your life before commencing training. If you check yes for any item, it doesn’t mean that you don’t get to work out. It just means I get to bug your doctor/PT/surgeon about what is okay for you to do and what is not.

  3. Exercise inherently has risk. It’s my job to assign work that not only helps you build the life you want, but is not irresponsible based on my knowledge of exercise and fitness, the human body, and specifically your human body and it’s injury history and capabilities, etc. In turn, it’s your job to communicate feedback well with me, and do work consistently rather than sporadically. All that said, stuff happens! Injuries, accidents, and pain are just part of the risk of exercising. There’s a more detailed legal lingo-filled bit that says basically the same thing about halfway down the page. By signing up to work with me, you acknowledge that you promise to be forthright in sharing how the work is feeling, won’t neglect to share any pre-existing conditions, and if you still end up injured, you won’t hire a lawyer and blame me for it.

  4. BREAKING CONTRACT:

    1. Early breaking of an Online Coaching monthly subscription contract is an available option. A fee of 25% of the future month’s cost for monthly subscriptions is assessed at the time of the break.

      Exempt: anyone participating in Supplemental Coaching that is paired with in-person personal training. You may cancel at any time, and will not be penalized or required to pay beyond your current billing cycle month. No refunds will be issued for partial use of previous month(s).

    2. If you are part of an X-week LIVE Program (Strong MOB), you may opt out due to catastrophic change in life circumstances (moving, joblessness, family breakup, catastrophic injury, or illnesses beyond conventional colds/flus) at no cost, and use your investment toward a future installment of the Strong MOB course. In cases of lost motivation or a rise in ‘regular life’ distractions, no refund will be issued (but you may be offered an opportunity to bump your enrollment to the next Strong MOB series).

  5. Yes, it is possible to back out and get 100% of your money back if you decide that “Nevermind, this isn’t going to work” for any reason at all, including for spite.* It just needs to be requested within the first 7 days of your initial payment date.

*Seinfeld reference.

TERMS & CONDITIONS, FULL VERSION

PLEASE READ THIS DOCUMENT CAREFULLY. Homegrown Fit LLC, Online Coaching (or HGF, “we,” or “us”) is an online fitness service (Service) located at Homegrownfit.com (Site) with related mobile applications and desktop applications and websites. By registering as a member or by using the Homegrown Fit Online Coaching system in any way, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and Homegrown Fit. You should also read and understand the Homegrown Fit Privacy Policy, which is incorporated by reference into this Agreement. 

Prior to using HGF Online Coaching, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the HGF Online Coaching service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE HGF Online Coaching Service.

By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.

Please contact us with any questions regarding this Agreement.

HEALTH WARNING AND LIABILITY DISCLAIMER:

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM.

NOTHING STATED OR POSTED ON HGF ONLINE COACHING IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.

YOUR USE OF THE HGF ONLINE COACHING IS AT YOUR OWN RISK.

PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.

HOMEGROWN FIT LLC SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY RESULTING FROM THE USE OF HGF ONLINE COACHING SERVICES.

1. Who May Use HGF Online Coaching Service

AGE REQUIREMENT: You must be at least 18 years old to use HGF Online Coaching.

NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of HGF Online Coaching. If your child is using HGF Online Coaching without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about HGF Online Coaching, please contact me at anne@homegrownfit.com

2. Professional Advice and Medical Disclaimer.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE HGF ONLINE COACHING IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

HGF ONLINE COACHING OFFERS EXERCISE AND NUTRITION INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON HOMEGROWNFIT.COM OR AVAILABLE THROUGH ANY HOMEGROWN FIT SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE HOMEGROWNFIT.COM WEBSITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE HGF SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.

IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL 911 AND YOUR HEALTH CARE PROFESSIONAL IMMEDIATELY.

THE HGF ONLINE COACHING SITE IS CONTINUALLY UNDER DEVELOPMENT AND HOMEGROWN FIT LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE HGF ONLINE COACHING SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

3. Limitation of Liability

To the fullest extent permitted by law: (i) in no event shall Homegrown Fit, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Homegrown Fit, and its affiliates’ total liability to you shall not exceed the amounts paid by you to Homegrown Fit over the twelve (12) months preceding your claim(s).

IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.

4. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement.

CONSENT TO EMAIL: When you become a client, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.

CONSENT TO SHARE VIDEO/STILL IMAGES: When you become a client, you agree and consent to permit me to share videos, quotes, and still images on social media, websites, and paper ephemera.

5. Membership Provisions

REGISTRATION: To use HGF Online Coaching, you must register as a client by providing a user name, password, valid email address and valid credit card information, as needed. You must provide complete and accurate registration information to HGF Online Coaching and notify us if your information changes. Exceptions may be made for challenges.

USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by HGF Online Coaching. If you wish to inquire about possible commercial use, please contact us at anne@homegrownfit.com.

Homegrown Fit LLC may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at anne@homegrownfit.com

6. Payments

Auto billing; Subscription Fees; Free Trial Terms. HGF Online Coaching is a paid, auto-renewing subscription service. If you sign up for Online Coaching you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.

The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.

HOW TO CANCEL

If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, email Anne@homegrownfit.com.

Sorry– there are no refunds on HGF Online Coaching subscriptions for billing periods that have already lapsed.

Contracts that are broken early may be assessed a cancellation fee of up to 25% of the cost of a single month’s contract.

If cancellation is made within the first 7 days from initial payment, a full refund is granted and no additional fee is assessed.

Authorization. When you sign up for our Service and provide a payment method to HGF Online Coaching, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service.

If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.

EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS HGF ONLINE COACHING, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions above (“How to Cancel”).

Changes. HGF Online Coaching may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in ATG’s sole discretion.

7. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use HGF Online Coaching and continues as long as you have an account with us.

CANCELING YOUR SUBSCRIPTION: To cancel your subscription, you will need to email Anne at Anne@homegrownfit.com

ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from Homegrownfit.com that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.

TERMINATION FOR BREACH: HGF Online Coaching may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if HGF Online Coaching determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage HGF Online Coaching’s reputation or goodwill. If HGF Online Coaching deletes your account for the foregoing reasons, you may not re-register for the HGF Online Coaching. HGF Online Coaching may block your email address and Internet protocol address to prevent further registration. HGF Online Coaching is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

8. Content Restrictions

You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

  • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);

  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;

  • Advocates harassment or intimidation of another person;

  • Exploits minors;

  • Depicts unlawful acts or extreme violence;

  • Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

  • Depicts animal cruelty or extreme violence towards animals; or

  • Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.

9. Indemnification

You agree to indemnify, defend, and hold harmless HGF Online Coaching and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the HGF Online Coaching Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to HGF Online Coaching violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. HGF Online Coaching reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HGF Online Coaching in connection therewith.

10. License to Use the HGF Online Coaching Service

LICENSE: Homegrown Fit LLC Online Coaching grants you a limited, non-exclusive license to access and use the HGF Online Coaching Service for your own personal, non-commercial purposes. This includes the right to view content available on homegrownfit.com. This license is personal to you and may not be assigned or sublicensed to anyone else.

RESTRICTIONS: Except as expressly permitted by HGF Online Coaching in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the HGF Online Coaching Service. Nor will you take any measures to interfere with or damage the HGF Online Coaching Service. All rights not expressly granted by HGF Online Coaching are reserved.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Homegrown Fit LLC on the homegrownfit.com Site. A revised Terms of Service will be effective as of the date it is posted on the HGF Online Coaching Site.