By subscribing to Kaitlyn Moorhead's Fit Mom Made Easy app (through the platform PT Distinction), actively using the app, and participating in any group coaching (workouts, accountability texts, Google form check-ins, progress measurements, watching Facebook LIVE coaching videos, etc) you agree to all of the following “terms and conditions" and "agreements" (disclosure, liability, etc) listed below that apply to my group or 1:1 coaching programs.
Inside this agreement, you, the user of this app or participant inside any of Kaitlyn Moorhead's coaching programs, are deemed as "the client" and Kaitlyn Moorhead is referred to as "the coach."
UPDATED April 9, 2021
The purchase of this subscription within this app and website are subject to the following terms and conditions.
Each subscription sold is licensed to a SINGLE user only. Customers are not allowed to copy, distribute, share and/or transfer the program they purchased to any third party or person.
All transactions are made through PayPal. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
All subscription purchases on this app are non-refundable. You may unsubscribe at any time before the new month begins. If you unsubscribe after a payment period begins, you are responsible for the payment and may not get a refund.
You can click the unsubscribe on your PayPal account or you can contact Kaitlyn Moorhead at firstname.lastname@example.org and she will assist with your cancellation within 48 hours.
By placing an order from Kaitlyn Moorhead's workout app through PT Distinction's platform, you warrant that you are at least 18 years old and accept these terms & conditions, which shall apply to all orders placed.
All transactions conducted through Kaitlyn Moorhead are handled by a dedicated third party to ensure your information is secure. Card information is not stored, and all card information is handled by PayPal. Please read the terms & conditions for PayPal, as they are responsible for the transactions made.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Kaitlyn Moorhead reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
REFUNDS AND RETURN POLICY
As all of our products are digital they are deemed "used" after the subscription begins each month and payment is taken. This unfortunately means we have a strictly no refund policy in regards to dissatisfaction with any product on this app.
There are also no returns or refunds with group coaching or 1:1 coaching.
Please contact us at email@example.com to see how we can remedy any problems you may have with this.
ONLINE PERSONAL TRAINER/CLIENT AGREEMENT
By subscribing to and using Kaitlyn Moorhead’s app, you agree to where you assume the risks for participation, waive of liability, and personal training policies and procedures.
You understand that exercise involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Also, injuries could occur to bones, joints or muscles. Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. You understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill which you conduct yourself in that activity or program.
Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, you hereby expressly assume all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation. Kaitlyn Moorhead and Kaitlyn Moorhead LLC is not responsible for any damages or injuries that may incur while using and following any programs inside her app.
You do hereby waive, release and forever discharge to Kaitlyn Moorhead and Kaitlyn Moorhead LLC from any and all responsibilities or liability for any present and future injuries or damages resulting or arising from my participation in any activities within the website and app.
You declare that you have read, understand and agree to the contents of this Personal Training App Agreement in its entirety. You understand that the Assumption of Risk, Waiver of Liability, and Personal Training Policies and Procedures and agree that if any portion is held invalid, the remainder will continue in full force and effect.
The Client understands that the role of the Coach is not to provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailments of the human body. Rather, the Coach is a mentor and guide whose services are based on her personal life experiences, thoughts, and opinions to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that the Coach is not acting in the capacity of a doctor, therapist, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by the Coach is not meant to take the place of advice by these professionals. If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes and should not discontinue any prescription medications without first consulting his or her doctor. The Client has chosen to work with the Coach and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals. The Client agrees to seek therapy, if needed and wanted, and to not depend on the Coach for any discussions that would best be handled by a licensed therapist. Although the Coach’s services include the discussion of healthy eating, she is not a nutritionist. Her plan is based off of her own knowledge and opinions about healthy food choices and her own experiences with them.
PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS
The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this program. The Client expressly assumes the risks of the Program, including the risks of trying new foods and the risks inherent in making lifestyle changes. The Client releases the Coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against the Coach, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Coach.
LIMITATION OF LIABILITY, INDEMNIFICATION, AND RELEASE OF CLAIMS
The Coach may not be held responsible in any way for the information that you request or receive through this Program. By signing this Agreement, you fully and completely hold harmless, indemnify and release the Coach and any employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against me or us, arising from your participation in or in any way related to the Program, even if we were aware in advance of the possibility of any such claim.
INTELLECTUAL PROPERTY RIGHTS
Kaitlyn Moorhead retains all ownership rights to the materials provided during your participation in the Program. The copyrighted and original materials you are provided are for the Client’s individual use only and with a single-user license. the Client is not authorized to share, copy, distribute, or otherwise disseminate any materials received from Kaitlyn Moorhead electronically or otherwise without her prior written consent. All intellectual property, including the copyrighted Program materials, shall remain the sole property of Kaitlyn Moorhead, and no license to sell or distribute my materials is granted or implied. The Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Program, including any of the Program materials.
The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement.
You agree to hold the Confidential Information provided by the Coach in confidence. Without limiting the generality of the foregoing, the Client, further promises and agrees: (A) to take commercially reasonable measures to protect and safeguard the Confidential Information that it receives against unauthorized use, dissemination, publication or disclosure; (B) not to use any of the Confidential Information except in connection with the execution of the Consulting Services; and (C) not to, directly or indirectly, in any way, reveal, report, publish, disclose, or transfer any of the Confidential Information except to its affiliates, principals, employees, consultants, representatives, accountants, agents, co-investors, advisors, legal counsel, lenders, investors, officers and directors, or as otherwise specifically authorized by the Company (collectively, “Representatives”).
This Agreement shall be governed by and construed in accordance with the laws of New York State in the United States and the courts of New York shall be the sole forum for resolving disputes hereunder.
The Coach agrees not to disclose any specific information pertaining to the Client without the Client’s consent. But, by the coach will share screenshots of texts from the accountability group as well as the weekly check-in Google forms as testimonials for social media and her website to promote her business. The coach will not post any of these screenshots that specifically reveal the identity of a client to the public. Progress photos will only be shared after the coach gets consent from the client through text or email. Be advised that the Coach-Client relationship is not a relationship protected by legal confidentiality (like doctor-patient or attorney-client). As such, the Coach could be required to divulge otherwise confidential information to authorities in accordance with the law.