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Terms of Service

Terms and Conditions

 

The terms and conditions below apply to all services provided by MYZENIVERSE, LLC DBA Emma Mattison Fitness (the “Company”), to any individual or organization and constitute the contract for the service between you and the Company.

All services and communication, email or otherwise, delivered by the Company, as well as information on this website (www.emmamattisonfitness.com) is to develop health programs that are personally built and curated to fit your needs (the “Services”). The Services are not to be construed as, or a replacement for psychotherapy, legal counsel, or medical advice. The Services are not a substitute for professional mental health care or medical care.

Before purchasing the Services, please confirm that you have read and agreed to the below and that you wish to proceed.

HEALTH WARNINGS AND LIABILITY DISCLAIMER:

THE COMPANY PROVIDES ITS SERVICES FOR INFORMATIONAL PURPOSES ONLY.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY EXERCISE PROGRAM OR FITNESS ACTIVITY.  NOTHING STATED HEREIN IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR MEDICAL ADVICE.

YOU ARE ENTIRELY RESPONSIBLE AND ASSUME ALL RISK FOR USE OF THE CONTENT ON THIS WEBSITE AND UTILIZING THE SERVICES.  YOU SHOULD NOT UTILIZE THE SERVICES WHERE YOU HAVE ANY PHYSICAL, MEDICAL, OR HEALTH CONDITION WHICH MAY LIMIT OR AFFECT YOUR ABILITY TO UTILIZE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, FAMILY HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE, SMOKING, HIGH CHOLESTEROL, BREATHING PROBLEMS, OR HAVE EVER EXPERIENCED CHEST PAIN WHILE EXERCISING.

UTILIZING THE SERVICES INVOLVES A RISK OF PERSONAL INJURY AND YOU EXPRESSLY ASSUME ALL RISKS OF HARM.  IF AT ANY TIME WHILE YOU ARE PERFORMING ANY ACTIVITY DEPICTED HEREIN YOU FEEL DISCOMFORT, LIGHT-HEADED, NAUSEOUS OR HAVE CHEST OR ANY OTHER PAINS, YOU SHOULD STOP IMMEDIATELY AND CONTACT A DOCTOR OR DIAL 911.

You acknowledge the following:

  • You understand that the Services you will be receiving are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. You also understand that your assigned coach/trainer is not acting as a mental health counselor or a medical professional.

  • Ultimately, the relationship between you and your coach/trainer is about you, the client, taking full responsibility for your actions and your life. You engage the Company with the understanding that you are responsible for creating your own decisions and results. You agree not to hold the coach/trainer liable for any outcomes resulting directly or indirectly from the Services.

  • For legal purposes, you understand the Services provided by the Company are currently an unregulated industry and that your coach/trainer is not licensed by any regulatory body.

  • You understand that coaching/training is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment, and you will not use it in place of any form of therapy.

  • You understand that all comments and ideas offered by your coach/trainer are solely for the purpose of aiding you in achieving the defined goals you create with your coach/trainer. You have the ability to give your informed consent, and hereby give such consent to your coach/trainer to assist you in achieving such goals and understand that results are not guaranteed.

  • You understand that the Company and your coach/trainer are not promising outcomes.

Data Security

You understand that the use of technology is not always secure and you accept the risks of confidentiality in the use of email, text, phone, and any other technology.

Waiver

You hereby release, waive, acquit and forever discharge the Company and your coach/trainer, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by the Company or your coach/trainer as a result of the advice given by your coach/trainer or otherwise resulting from the coaching/training relationship contemplated by this agreement.

You further declare and represent that no promise, inducement, or agreement not expressed in this agreement has been made to you to sign this agreement. This agreement shall bind your heirs, executors, personal representatives, successors, assigns, and agents.

NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT THE COMPANY AND THE COACH/TRAINER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF THE COMPANY OR THE COACH/TRAINER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF THE COMPANY FOR ANY CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEE PAID BY YOU FOR THE PRIOR 12 MONTHS.

Session Fees

Current subscription fees are set forth on the Company’s site. The Company reserves the right to change these from time to time.

Payment Terms

Fees can be paid online by Stripe, PayPal, or any other payment method expressly agreed upon by the Company depending on the product or service.  Receipts and/or invoices are available, and where receipts are requested by the client, they will be sent by e-mail.

Fees are payable on a weekly, monthly, or annual basis as required by your subscription and will be automatically billed to your stored payment method, or fees are payable on a one-time basis for specifically identified products or services. If the Company is unable to process your payment method, your access to the Services will be automatically suspended until payment is received.  

Where you have purchased a subscription plan from the Company, you shall not be entitled to a refund for terminating the Services prior to the expiration of your plan.

Insurance

Coaching/training is not like the practice of medicine, psychotherapy, or other traditional modalities. For this reason, coaching/training is not covered by health insurance.

Confidentiality

Personal information or business information supplied by clients in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.  Please review the Company’s Privacy Policy for additional information regarding how the Company maintains the confidentiality of the information you provide.

Right to Refuse Service

We reserve the right to, in our sole discretion, temporarily suspend or deactivate your account, or to permanently close your account. We also reserve the right to refuse service to anyone, for any reason, and at any time.

Governing Law

This contract is governed by the law of Arizona whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.  You agree that, even if you access the Services from outside the United States, you are submitting to the jurisdiction of the United States.  You agree that all disputes hereunder shall be resolved in the applicable state or federal courts of Arizona. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

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