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IMPORTANT TERMS AFFECTING YOUR LEGAL RIGHTS - READ CAREFULLY Before you proceed to navigate our website or procure our services, please read the following Terms of Use thoroughly. These Terms comprise a binding arbitration clause. It's imperative to understand your legal rights, so we encourage you to read these Terms, including the arbitration provision.
Section 1 – Welcome & Terms Acceptance Welcome to Focused Fitness Academy's ("Focused Fitness Academy", "we", "us", or "our") Terms of Use (the "Terms" or the "Agreement"). If you do not consent to these Terms, we request that you refrain from using our website. Your usage of our website is taken as your acceptance of these Terms.
These Terms are applicable to all users of our website, our mobile site, our social media accounts, or any other platforms (our "Platform"), and anyone who avails our services. Your use of our Platform or services signifies your acceptance of these Terms.
In case you're using our website or services on behalf of an entity, you affirm that you have the authority to accept these Terms on the entity's behalf, and the said entity will be accountable to us if you or the entity violate these Terms.
We maintain the right to modify these Terms at any point in time. It is your duty to stay updated with any changes to these Terms. Any alterations to these Terms will be marked at the top of this page.
Section 2 – Our Services Focused Fitness Academy is a brand dedicated to offering in-home personal training services and online fitness coaching.
Section 3 – Intellectual Property of Focused Fitness Academy Our Website and Platform's content is safeguarded by US and international copyright laws, owned exclusively by Focused Fitness Academy or licensed to us. You are forbidden to reproduce, distribute, display, sell, transfer, license, or use for commercial purposes any copyrighted content on our Platform or Website without our explicit written consent.
Focused Fitness Academy, including its name, logos, slogans, etc., are the trademarks or service marks of Focused Fitness Academy. Any unauthorized usage of our Website or Platform leads to an automatic termination of this license.
We grant you a limited, non-transferable, non-exclusive, and revocable license to access our Website and Platform for personal use. Any unauthorized usage of our Website or Platform leads to an automatic termination of this license.
Section 4 – Privacy Policy We may collect specific information about you to ensure optimal functioning and user experience on our Platform and Website. We utilize various automatic methods like cookies and web beacons to collect information. By using our Platform and Services, you consent to all actions taken by Focused Fitness Academy with respect to your data.
We may also collect personal information, which identifies you as an individual or an entity. The data we collect might include name, address, contact number, email address, and other inferences. This information is collected directly when you visit our Website or purchase our services.
Our Privacy Policy includes details regarding how we handle your information, including advertising, the use of cookies, and your rights under specific privacy laws like the California Consumer Privacy Act ("CCPA").
Section 5 – Copyright Infringement If you believe that your copyright has been infringed by Focused Fitness Academy, please immediately notify us. We take allegations of copyright infringement seriously and respond immediately.
Section 6 – Accuracy & Errors We reserve the right to rectify any errors, inaccuracies, or omissions on our Website that may relate to descriptions, pricing, promotions, and availability.
Section 7 - Disclaimer Our website, Platform, and Services are provided 'as is'. We disclaim any liability for loss or damage sustained by you as a result of accessing and using the website, Platform, and Services.
Section 8 – Limitation of Liability To the maximum extent permitted by law, we will not be liable for any indirect, special, incidental, punitive, or consequential damages, whether in contract, tort, or any other legal theory, arising out of or in connection with these Terms, even if we have been advised of the possibility of such damages.
Section 9 - Dispute Resolution You agree that any dispute arising out of these Terms will be resolved through binding arbitration.
Section 10 - General Principles a. Association: The stipulations set forth in these Terms should not be construed to form any agency, employment, franchise, joint venture, or partnership between you and Focused Fitness Academy.
b. Governing Law and Conflict Resolution: These Terms of Use are regulated by the laws of the State of California. All disputes emanating from this Agreement will be addressed through mandatory arbitration, following the prevailing rules of the American Arbitration Association's commercial division. Both Focused Fitness Academy and you consent to the enforcement of any such final decisions in a court of competent jurisdiction, conforming to the law of the party's domicile or headquarters.
c. Divisibility: In the event that a provision of this Agreement is deemed invalid or unenforceable for any reason, the validity and enforceability of the remaining provisions will remain unaffected. If an arbitrator or panel of arbitrators determine that a provision of this Agreement is invalid or unenforceable, but could be valid and enforceable by limiting such provision, then that provision will be considered as written, interpreted, and enforced as so restricted.
Section 11 - Cancellation Guidelines We acknowledge that situations may arise compelling you to cancel or reschedule your personal training sessions. For an optimal client experience and efficient management of our trainers' schedules, we have implemented the following cancellation policy:
Notice Requirement: A minimum notice period of 24 hours is mandated for any cancellation or rescheduling of a personal training session.
Cancellation Charges: If a client does not provide a minimum of 24 hours' notice or misses a scheduled session, a cancellation fee, equivalent to the cost of the missed or cancelled session, will be levied.
Rescheduling Procedure: Clients desiring to reschedule a session must notify us at least 24 hours prior to the scheduled session time. We'll strive to accommodate your request, and find an alternative time slot based on trainer availability.
Exceptions: In instances of emergencies or unforeseen circumstances where a 24-hour notice may not be possible, we request you to reach out to us promptly to discuss the situation. We evaluate such cases on an individual basis.
Payment of Cancellation Fees: Cancellation fees will be billed to the client's preferred payment method registered with us. Non-payment of cancellation fees could result in suspension or termination of services.
Policy Amendments: We reserve the authority to amend or update this cancellation policy at any point. All changes will be communicated to clients in advance and will become effective immediately upon posting the updated policy on our website or notifying clients directly.
By utilizing our personal training services, you recognize and agree to abide by this cancellation policy.
Section 12 – Contact If you have any queries about these Terms, please do not hesitate to reach us at Joe@FocusedFitnessAcademy.com
Focused Fitness Academy
4150 Mission Boulevard, San Diego, California 92109, United States
Copyright © 2022 Joe Best Health LLC - All Rights Reserved.