Terms of Use

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.


2. Use License

  1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  2. modify or copy the materials;
  3. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  4. attempt to decompile or reverse engineer any software contained on the School’s web site;
  5. remove any copyright or other proprietary notations from the materials; or
  6. transfer the materials to another person or 'mirror' the materials on any other server.
  7. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.


4. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.


5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.


6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.


7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.


8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.

Program and Services Terms and Conditions

The following are additional Terms and Conditions which is applicable to all and all who purchase any Personal Training and Nutrition Coaching Services from Ashley Cates (“Trainer”). Those who purchase any services will be referred to as “Client”. Trainer and Client are sometimes collectively referred to as such in this Agreement as those Parties.

The Parties hereby agree to the following terms and conditions:

  1. GENERAL TERMS

The Client acknowledges that they are Agreeing for the services of a personal trainer and nutrition coach provided by Ashley Cates.

The Client must be over the age of 18 in order to purchase and execute any program or service.

2. ASSUMPTION OF RISK/ RELEASE OF LIABILITY

The Client agrees  and acknowledges that as with any exercise program, there are risks, including increased heart stress and the chance of musculoskeletal injuries. In volunteering for this program, the Client agrees to assume responsibility for these risks and waive any possibility for personal damage. 

By purchasing any program or service, the Client agrees that to their knowledge of having no limiting physical limitations or conditions that would preclude an exercise or nutrition program.

3.  PERSONAL TRAINING

Training Packages include various exercise programs involving various activities. Activities shall mean the following: testing and challenging of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; training; exercise; aerobics; weight training; circuit training; and the use of machinery, free weights, and cardiovascular machines; stretching; and any other training activities, techniques and/or exercises.

The Trainer provides exercise plans in which the Trainer believes, based on education and experience, will allow the Client to effectively reach their goals. Though, it will be the responsibility of the Client to maximize their progress by following the program guidelines.

As the Trainer and Client will not be having in person training sessions, the Client will be provided a program that involves the Client to research exercise form and techniques. The Trainer will be available to send web links for exercises that the Client does not understand how to perform. 

4. NUTRITION COACHING 

Nutrition Coaching includes the Trainer reviewing the Client’s food and drink intake and making recommendations as to what the Trainer believes, based on education and experience, will allow the Client to effectively reach their goals. The Client acknowledges that the Trainer is not a Registered Dietician or a Medical Professional, nothing the Trainer says should be taken as medical advice or replace any advice given by a Physician. The Trainer does not in any way intend to diagnose or treat any health condition/disorder.

The Client is agreeing to Nutrition Coaching under the basis that the Trainer is recommending what they believe will suit the Client best and is in no way prescribing what the Client’s definitive diet should be. 

5.  PACKAGES AND PAYMENTS

The Client will choose a program or coaching  option that they believe  will be most effective in reaching their goals and know that program services and coaching communications vary based on which program or service they purchase.

If the Client has chosen to purchase a program or service that does not include coaching then the Client will be able to download the program at time of purpose or will have it emailed to them in a timely manner by the Trainer.

If the Client has chosen to undergo a 12 Week Personal Training and/or Nutrition Coaching Program then the 12 weeks in which the Trainer will begin on the date that the Client and Trainer agree upon which will be after the Trainer has received the Client’s fully execute Personal Training and Nutrition Coaching Questionnaire (which will be filled out by the Client) and has had adequate time (typically about a week) to review the Questionnaire and discuss program detail and design with the Client. The “Start Date” will be decided upon by the Client and Trainer but will likely be 1-2 days after the Client receives their program. The program will conclude after 12 weeks from decided Start Date.

If the Client has chosen to undergo a program that includes coaching then the Trainer will be available via email, and respond to the Client in a timely manner, seven (7) days a week between the hours of 7:00AM to 9:00PM PST, unless the Trainer is unavailable for an extended period of time in which the Trainer will inform the Client prior. After the 12 week program is completed, the Client can choose to renew the services for another 12 week program of Personal Training and/or Nutrition Coaching. The Client may also choose to receive services on a month by month basis for both Personal Training and Nutrition Coaching at the end of the program, or to receive one service on a month by month basis. The rate for these renewed services will be negotiated at the time of the renewal. 

If the Client chooses to be involved in a Group Challenge with set dates, the client will receive what is included in the Group Challenge guidelines which will be applicable between the dates set on the Group Challenge.

6.  CONFIDENTIALITY 

The Trainer agrees to keep Client’s information confidential and will not disclose any information without the Client’s written consent. 

The Client agrees to not share any of Trainer’s materials in which the client would gain any type of monetary value. Materials being: program design, informational flyers, and other documents the trainer chooses to provide to the client.

7.  CANCELLATION 

If the Client chooses to purchase a program that is downloadable and without coaching, then the Client will be unable to receive a refund after they have received the program.

If services provided are for a 12 week program then the Client has the option to cancel the program at any time. Services may later be provided on a month by month basis with this Agreement being the basis of services provided by the Trainer to the Client. The Client can choose to not renew, or to suspend, services at anytime with the Trainer however, no refunds will be issued for any reason at anytime during the terms of service; though the Trainer is obligated to fulfill the remainder of the period paid for by the Client.

If a renewal payment is not received after the 12 week program or a thirty (30) day period then the Trainer will no longer continue to provide training or coaching services until payment has been made.

8.  MISCELLANEOUS 

This document constitutes the entire agreement of the parties, supersedes all prior documents, and cannot be modified or amended except in writing signed by the party to be charged. The parties agree that in entering into this Agreement, they have not relied upon any representation or warranty (written or oral) not contained herein.