Terms of Service

1) Definitions

“Client,” “you,” means the individual purchasing, accessing, or using the Services.

“Coach,” “we,” “us,” means Athloria Performance and its representatives.

“Content” means any text, training plans, videos, documents, messages, templates, or other materials provided through the Services.

“Subscription” means any recurring payment arrangement for ongoing coaching or access to Content.

2) Scope of Services

Athloria Performance provides online fitness coaching and related educational guidance. Services may include individualized training plans, progress tracking, asynchronous feedback, and live online consultations via platforms such as Zoom, Teams, or WhatsApp (availability may vary).

The Services are designed to support general fitness goals such as strength, performance, conditioning, body composition, habit formation, and training consistency. The Services are not intended to replace individualized medical care, physical therapy, mental health care, or nutrition therapy where a licensed professional is required.

We may refine, modify, or update Services over time (for example: improving templates, updating tracking methods, or changing communication cadence) while maintaining the core purpose of the offering you purchased.

3) Eligibility and Client Responsibilities

You represent that you are at least 18 years old (or the age of legal majority in your jurisdiction), or that you have the involvement and consent of a parent/legal guardian to use the Services.

You agree to provide accurate and complete information about your training history, limitations, injuries, medical conditions, medications, lifestyle constraints, available equipment, and goals. You also agree to promptly update us if anything changes (for example: new pain, a diagnosis, pregnancy, medication changes, or any condition that affects training readiness).

Results depend on many variables (consistency, recovery, nutrition, stress, genetics, and prior training history). We do not promise specific outcomes. Your progress is influenced by your adherence and by factors outside our control.

4) Health & Safety Disclaimer

Physical training carries inherent risks, including discomfort, soreness, strains, sprains, and more serious injury. You acknowledge that you are voluntarily participating and assume responsibility for your choices and actions.

You should consult a physician or qualified healthcare professional before starting any new fitness program, especially if you have symptoms, chronic conditions, prior injuries, or any health concerns. If you experience chest pain, dizziness, faintness, severe shortness of breath, sudden swelling, or acute injury, stop training immediately and seek appropriate medical attention.

Any nutrition-related guidance is educational and general in nature. We do not diagnose, treat, or cure disease. If you require medical nutrition therapy, eating-disorder treatment, or care for a health condition, seek a licensed professional.

5) Communications & Coaching Boundaries

Coaching may be delivered via messaging, shared documents, check-ins, or scheduled calls. We will clarify the expected cadence of feedback within your purchased plan. Response times may vary due to weekends, travel, illness, high-volume periods, and platform limitations.

Coaching is not emergency support. Do not rely on the Services for urgent medical situations. For emergencies, contact local emergency services.

We may set reasonable boundaries on messaging volume, call length, and the scope of included support to preserve quality and sustainability. If you need expanded support, we may offer an upgraded package or add-on.

6) Payment Terms, Billing, and Taxes

Prices, billing frequency, and what is included in each offering are communicated at checkout or in your service agreement. You authorize us (or our payment processors) to charge your selected payment method for purchases and, if applicable, recurring subscription charges until cancellation.

You are responsible for any applicable taxes, bank fees, currency conversion fees, or charges imposed by your payment provider. If a payment fails, your access to Services may be paused until the account is brought current.

Promotional pricing, trials, or limited-time offers may have additional terms, including start/end dates and eligibility limits.

7) Cancellations, Pauses, and Scheduling

If your plan includes live consultations, scheduling is subject to availability. If you need to reschedule, please do so as early as possible. Missed sessions, late arrivals, or last-minute cancellations may be treated as completed sessions depending on the plan terms.

If you purchase an ongoing coaching package, you may request a pause for travel, illness, or life events. Approval and pause length depend on your plan and operational capacity. We aim to be flexible, but we cannot guarantee pauses for all packages.

Subscription cancellations typically prevent future renewals but do not retroactively refund already-paid billing periods unless stated otherwise. Please review the Refund Policy for specifics.

8) Intellectual Property & License

All Content provided by Athloria Performance is owned by us or licensed to us and is protected by intellectual property laws. You receive a limited, personal, non-transferable, non-exclusive license to use the Content for your individual use.

You may not reproduce, distribute, sell, sublicense, share, publish, upload, or create derivative works from our Content without our prior written permission. Sharing login access, plans, or program files with others is prohibited.

Any feedback or suggestions you provide may be used by us to improve Services without obligation to you.

9) Prohibited Conduct

You agree not to:

• Use the Services in a way that violates any applicable law or regulation.
• Harass, threaten, defame, or abuse others or our staff.
• Attempt to bypass access controls, scrape data, or disrupt the Services’ operation.
• Share private coaching materials, credentials, or confidential business information.
• Misrepresent your identity, health status, or intentions to obtain Services.

10) Third-Party Platforms

Some Services may use third-party tools (video conferencing, messaging platforms, payment processors, analytics). Your use of those tools may be subject to their own terms and privacy policies. We are not responsible for third-party platform outages, account suspensions, or policy changes.

11) Disclaimers

The Services and Content are provided on an “as available” and “as is” basis. To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Services will be uninterrupted, error-free, or that particular results will be achieved.

12) Limitation of Liability

To the fullest extent permitted by law, Athloria Performance will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill arising from or related to your use of the Services.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services will not exceed the amount you paid to us for the Services in the three (3) months preceding the event giving rise to the claim.

13) Indemnification

You agree to indemnify and hold harmless Athloria Performance from claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Services, violation of these Terms, or violation of any law or third-party rights.

14) Termination

We may suspend or terminate your access to the Services if you violate these Terms, misuse the Services, or engage in conduct that we reasonably believe could harm us, other clients, or the integrity of the Services.

Upon termination, your license to use the Content ends. Sections intended to survive termination (including IP, disclaimers, limitation of liability, and indemnification) will survive.

15) Dispute Resolution

If a dispute arises, we encourage you to contact us first to attempt an informal resolution. Many issues can be resolved quickly by clarifying expectations, adjusting a plan, or correcting billing errors.

If informal resolution is unsuccessful, disputes will be handled in a manner consistent with applicable law. Where permitted, the parties may agree to resolve disputes through binding arbitration or small claims court. If arbitration is not permitted in your jurisdiction or for your type of claim, then the dispute will proceed in court.

16) Governing Law

These Terms are governed by the laws of the State of Kentucky, USA, without regard to conflict of laws principles, except where your local consumer protection laws require otherwise.

17) Changes to These Terms

We may update these Terms from time to time. The “Last updated” date reflects the most recent revision. Continued use of the Services after changes become effective indicates acceptance of the updated Terms.