Disclaimers, Privacy Policies, & Terms and Conditions
ASSUMPTION OF RISKS AND RELEASE:
By purchasing this product, you acknowledge and accept that there are inherent risks associated with the activities described above and that the program may involve vigorous physical exertion, including muscle strengthening, endurance training, cardiovascular conditioning, and other fitness activities.
You affirm that you are in good physical condition and do not have any known disabilities or conditions that would hinder or limit your participation in the online fitness coaching program. Your enrollment and participation are voluntary and not mandated by the coach or company. You assume full responsibility for any personal injury to yourself and, if applicable, to your family members or those with whom you share the coaching program.
You further acknowledge that your responses to the pre-screening questionnaire do not shift liability to the coach or company, and it is your responsibility to determine whether you are physically and mentally capable of participating in the coaching program.
By purchasing, you acknowledge that you have read and understood all the terms of this agreement and that you are voluntarily relinquishing significant legal rights, including the right to sue the coach or company.
INDEMNIFICATION:
You agree to defend, indemnify, and hold harmless the coach, company, and all other parties released against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses incurred by or awarded against the indemnified party, arising from or related to the acts described in this agreement.
NUTRITIONAL DISCLAIMER:
By participating in the online coaching program, you understand and agree that the coach is not a registered dietitian. Any nutritional advice or information provided is not intended to diagnose, treat, or cure any medical condition. It is solely for informational purposes and is not a substitute for professional medical advice.
AFFILIATE DISCLAIMER:
The coach and company may have affiliate relationships with certain companies, which may be discussed during the term of this agreement. Your use of products or services from these affiliates is solely between you and them. You are responsible for conducting any necessary investigations before engaging in transactions with third-party affiliates.
You agree that the company and coach are not liable for any loss or damage incurred as a result of transactions with third-party affiliates.
NON-DISPARAGEMENT AGREEMENT:
All parties agree not to make disparaging statements, orally or in writing, about each other or any affiliates of the coach or company.
USE OF PHOTOS AND PERSONAL INFORMATION BY COACH:
You acknowledge that photos and/or videos of you may be used by the coach for marketing purposes across various platforms. You consent to the use of your progress photos as necessary for marketing purposes. You retain the right to request the removal of any photos or information at any time.
APPLICABLE LAW:
This agreement is governed by the laws of the State of Texas. The parties submit to the non-exclusive personal jurisdiction of the federal and state courts located in or having jurisdiction over the relevant county in Texas.
FAN BY NIA Privacy Policy
1. Information Collection
a. Types of Information: We collect personal, payment, and usage data.
b. How Information Is Collected: We collect information through website forms, cookies, and user submissions.
c. Purpose of Collection: Information is used to provide services and process orders.
2. Information Use
a. Data Use: We use collected information for service delivery, order processing, and customer support.
b. Third-Party Sharing: We may share information with third parties (e.g., payment processors, shipping companies) as necessary to provide our services.
3. Security Measures
We implement security measures to protect customer information. However, no data transmission or storage can be guaranteed to be 100% secure.
4. Cookies
We use cookies and similar technologies to enhance your user experience and gather information about website usage. You can manage your cookie preferences through your browser settings.
5. Your Rights
You have the right to access, correct, or request the deletion of your personal information. For more information or to exercise your rights, contact us at fanbynia@gmail.com.
6. Updates to Privacy Policy
We may make changes to our Privacy Policy. We will post any policy changes on our website and update the "Last Updated" date at the top of the policy.
7. Contact Information
If you have any questions or concerns about our Privacy Policy, please contact us at fanbynia@gmail.com.
By using our website and services, you agree to and accept the practices outlined in this Privacy Policy.
FAN BY NIA Terms and Conditions
1. Acceptance of Terms
By using this website and our services, you agree to comply with and be bound by these Terms and Conditions.
2. Use of Website and Services
a. Eligibility: You must be at least 18 years of age to use our services. By using our website, you represent and warrant that you are of legal age.
b. Registration: You may be required to create an account. You are responsible for maintaining the confidentiality of your account information.
c. Prohibited Activities: You agree not to engage in any activities that are illegal or violate these Terms and Conditions.
3. Services and Products
a. Fitness Coaching: We offer online fitness coaching services. Our coaches are not licensed doctors, physical therapists, occupational therapists, or certified medical professionals.
b. Product Sales: We sell fitness clothing attire and beauty products. Please review our Refund Policy for product purchase terms.
4. Intellectual Property
a. Content Ownership: All content on our website, including text, images, and trademarks, is owned by fanbynia@gmail.com.
b. Restrictions: You may not use, copy, or distribute our content without our explicit permission.
5. User Content
a. Responsibilities: If you submit user-generated content (e.g., reviews, comments), you are responsible for its accuracy and legality.
b. Rights: We have the right to remove or modify user-generated content at our discretion.
6. Limitation of Liability
a. Disclaimers: We do not guarantee the accuracy or effectiveness of the information provided. Our coaches are not licensed medical professionals.
b. Liability Limitation: We are not liable for any direct or indirect damages or losses resulting from the use of our services or products.
7. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the State of Texas. Any disputes will be subject to the exclusive jurisdiction of the state and federal courts located in Texas.
8. Changes to Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective upon posting to our website.
9. Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us at fanbynia@gmail.com.
By using our website and services, you agree to and accept the terms and conditions outlined in this document.
FAN BY NIA Waiver Disclaimer
1. Fitness Coaching Disclaimer
We are not licensed doctors, physical therapists, occupational therapists, or certified medical professionals. Our online fitness coaching services are provided by fitness professionals, but they are not intended as a substitute for professional medical advice or therapy. You should consult with a qualified healthcare professional before starting any new fitness program or making dietary changes.
2. Individual Results
Results obtained from our fitness coaching programs may vary from person to person. Your individual results may depend on various factors, including your level of commitment, genetics, and other individual circumstances.
3. Assumption of Risk
Participation in fitness activities involves inherent risks. By using our services, you acknowledge and assume these risks, and you agree to use our services at your own discretion and risk.
4. Liability Limitation
We do our best to provide accurate and up-to-date information and services. However, we shall not be liable for any direct or indirect damages or losses resulting from the use of our services.
By using our fitness coaching services, you agree to and accept the terms and conditions of this waiver disclaimer.
FAN BY NIA No Return Policy for Clothing Items
1. General Policy
We do not accept returns for clothing items purchased from our online store. All sales are final.
2. Exchange Policy
We may allow exchanges for items that are defective or damaged upon receipt. To request an exchange, please contact our customer support within [number] days of receiving your order. The item must be unused and in the same condition as when you received it.
3. Defective or Damaged Items
If you receive a defective or damaged item, please contact us immediately. We will assess the issue and provide instructions for the return or exchange process, if applicable.
4. Refund Policy
We do not offer refunds for clothing items unless the item is defective or damaged and cannot be replaced. In such cases, we will issue a refund to the original payment method.
5. Return Shipping
Customers are responsible for return shipping costs for exchange items. We recommend using a trackable shipping method to ensure your item reaches us.
6. Contact Information
If you have any questions or concerns about our No Return Policy for clothing items, please contact us at fanbynia@gmail.com
Please note that the terms and conditions of this policy apply to all clothing items purchased from our online store.
FAN BY NIA No Return Policy for Memberships, Programs, and Challenges
1. General Policy
All sales of memberships, programs, and challenges are final. We do not offer refunds, returns, or cancellations once payment has been processed.
2. Cancellation or Termination
a. Memberships: Monthly memberships can be canceled before the next billing cycle, but no refunds will be issued for the current billing cycle.
b. Programs and Challenges: Once you enroll in a program or challenge, you commit to the entire duration, and no refunds or cancellations are allowed.
3. Non-Transferable
Memberships, programs, and challenges are non-transferable and cannot be assigned or transferred to another individual.
4. Access to Content
Your access to the content and services associated with memberships, programs, and challenges will continue for the duration specified upon purchase, and no refunds or extensions will be provided.
5. Exception for Technical Issues
In the rare event of technical issues that prevent access to the content, we will make reasonable efforts to address and resolve the issue, but this does not entitle customers to refunds.
6. Contact Information
If you have any questions or concerns about our No Return Policy for memberships, programs, and challenges, please contact us at fanbynia@gmail.com.
Please review this policy carefully before making a purchase, as it applies to all memberships, programs, and challenges offered by FAN BY NIA.