TERMS AND CONDITIONS OF USE OF
NATALIA CASANOVA FITNESS ONLINE COACHING PROGRAMS

Last updated: October, 2021

NOTICE: These Terms and Conditions are legally binding. It is your responsibility to read these Terms and Conditions carefully before you purchase. These Terms and Conditions apply to all Natalia Casanova Fitness coaching programs

Terms of This Program and Program Purchaser Agreement

All programs and services are owned and provided by Natalia Casanova Fitness (“Company” or “we” or “us” or “our” or “coach”). The term “you” or “your” or “client” refers to any user or purchaser of programs or services. “Parties” refers to both Natalia Casanova Fitness and purchaser. “Service” refers to program purchased. We reserve the right to update these terms at anytime.

You are legally bound to these Terms whether or not you have read them.

Your Program Use and Consent

Before purchasing a program with us, you were made aware of the Terms. By moving forward, you are agreeing to the Terms. You agree that you are 18 years of age. Your program is for your use only and is not to be transferred amongst others. Your app access will discontinue after your program is finished. You will have access to download your program as a PDF for future use up to 2 weeks after program completion date, and will be reminded by us to do so. You understand that to maintain app access, you will have to purchase another program from us.

Fees & Refunds

Fees: Fees are set forth on website. Coach reserves the right to change program fees at anytime.

Refunds: In order to honor the commitment of existing and future clients, refunds are not offered. All sales are final for all Coached programs.

Recurring Payments: If you have signed up for monthly split payments, you hereby authorize continued access to your provided financial information until your program is paid in full.

Subscriptions: there is commitment to 3 months coaching if you're a new client.

Cancellation: If the Client desires to cancel Services of Coach for any reason at any time, then Client shall provide at least 30 days notice to Coach in order to cancel. Providing Notice will not relieve Client of any currently outstanding payment obligations. Coach will not be obligated to refund any portion of monies Client has previously paid to Coach.

Late Fees: If Coach does not receive payment from Client within fourteen calendar days of any payment date, then Client will be charged a late fee of 1.5% of the outstanding amount per each day that Coach does not receive payment. If Client has an outstanding balance for 30 days, Coach reserves the right to send Client to collections for any and all outstanding payments. Client agrees to pay for all Coach’s reasonable collections and legal costs encountered while attempting to collect against Client.

Credits: A partial credit may be issued to Client toward a future program upon case to case basis (ex. death in immediate family, or medical reasons to where Client cannot finish program). Client dissatisfaction with program, or not completing program due to reasons other than stated above, are not applicable for partial credit. Partial credit will not exceed more than ½ of total payment for program as stated in this Contract.

Communication

Coach is generally available within business hours: Monday-Saturday 9-3pm (PST) for all check ins through Trainerize In-App Messaging. Coach will make an effort to respond to Client within 1 business day. Coach will notify Client of any vacation within 7 days of time period.

Copyright Ownership

In the event that any copyrighted work(s) are created or shared as a result of the Services provided by Parties in accordance with these terms, the contributing Party owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law, whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by the Party who creates the materials and may be used in the reasonable course of each Party's business going forward. For example, if Coach shares a spreadsheet that Client utilises, Client may not share, distribute, sell, or otherwise enjoy the privileges of said spreadsheet and copyrighted material contained within the spreadsheet.

Trademark Ownership

Any and all trademarks, whether registered or unregistered, remain the property of ours.

Security

Securing your name and password is your responsibility. We do not store whole credit card numbers, they are processed through PayPal or Stripe. By using these processors to purchased your program, you agree to indemnify us and assume any and all risk or liability for the security of the payment details and agree to be bound by the payment processors terms of use.

Confidentiality

At all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Parties in whatever form to any parties outside of this Agreement.

This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or Confidential Information.

Assumption of Risk

Client and related parties/participants expressly assume any risk of Services and related activities.

Indemnification

Client agrees to indemnify and hold harmless Coach, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees, and officers from any and all claims, causes of action, damages, or other losses arising out of, or related to, the Services provided in these terms. In the case of in-person meetings or coaching, Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees, or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force Coach to pay for any such damages.

Disclaimer

Client agrees and understands Coach is not providing the professional services of an attorney, accountant, dietician, financial planner, therapist, or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Coaching Agreement, Client must sign a letter of engagement of said professional services. No legal, financial, accounting,, or other kind of professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above. We expressly exclude any liability for any accidents, injuries, harm, death, loss, damage, physical or mental disease, physical, mental, spiritual injury or harm, however and whether caused by negligence, or other, even if foreseeable.

We make reasonable effort to provide you with reliable app technology, however, in the event of technological failure out of our control, you accept our lack of responsibility for failure, and will require technical support from third party provider.

Release & Reasonable Expectations

You agree that Coach’s Services will produce different outcomes and results for each Client. Coach will use reasonable efforts to ensure Client’s Services are carried out in a style and manner consistent with Coach’s current portfolio and services, and Coach will try to incorporate any suggestions Client makes. However, Client understands and agrees that:

Each client will experience different results.
Fitness and nutrition coaching is a subjective service and will vary from each Client depending on their needs and goals.
Client will make an effort to use all tools provided by Coach to the best of their ability to reach their goals
Dissatisfaction with Coach’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.

Non-disparagement

The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement. Coach and client will use reasonable effort to ensure that neither party engages in any vilifications of the other and shall refrain from making any disparaging statements including but not limited to, coaching style, methods of business, or the quality or services.

Dispute Resolution

Any controversy or claim arising out of or relating to these terms, or the breach of this terms or subsequent contact, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorised entity, such as the Canadian Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over these terms and related dispute resolution proceedings.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Courtenay, BC, Canada.


Contact

Questions regarding these terms can be sent to us at hello@nataliacasanovafit.com