C FIT Coaching LLC (cFIT Coaching)

Website Terms and Terms of Business

These Website Terms and Terms of Business govern your use of our website, https://cfitcoaching.com, (the “Website”) and your relationship with

cFIT Coaching LLC. Please read these terms carefully as they affect your rights and liabilities under the law. 

If you do not agree to these Terms of Use, please do not register as a member, use the Website, or purchase any of our Products.

Please also see our Privacy and Data Protection Policy for information about how we collect and use your personal data.

https://cfitcoaching.com, and your relationship with cFIT Coaching LLC., is not engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself as qualified to do so.

We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.

1. Introduction
   1. This Website provides an online group and personal one on one coaching and training service through which you can access fitness, diet and lifestyle suggestions, live and recorded virtual workouts, a blog, various product offerings and promotional items, as well as various other miscellaneous programs.
   2. These terms will apply to all users (“you”) of the website, all purchasers of products and viewers of the show.
   3. By using the website, participating in the workouts, coaching or training services or purchasing any products from us, you agree to be bound by these Terms of Use.
   4. Please note that these Terms of Use may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Website. In continuing to use the Website and coaching services, you confirm that you accept the then current Terms of Use in full at the time you use the Website. If you do not accept the amended Terms of Use then you must cancel your registration or subscription and the previous terms will continue to apply pending termination.
2. Affiliation
   1. Dance Walk Live is the health innovation division of Full Color Movement International (FCMI). FCMI supports the homeless, at-risk-youth, single mothers, families in need and foreign missions.
   2. A portion of the fees for Dance Walk Live go to support the efforts of FCMI so we not only appreciate your participation but also your support of our brothers and sisters in need. *Note that Dance Walk Live requires registration and member requirements aside and separate from cFIT Coaching LLC and their Terms and Conditions may be found on their website dancewalklive.com.
   3. Beachbody LLC- As a registered affiliate/ Coach of Beachbody LLC and Team Beachbody and its affiliates, subsidiaries and parent companies, I am provided access to and use of their websites, applications, content, streaming services, products, goods, equipment, services, promotions, software, technology and any other materials (collectively, “Beachbody Services”) that they may provide and as my Beachbody LLC customer, you have the use of their resources as well. *Note that Beachbody LLC requires registration and member requirements aside and separate from cFIT Coaching LLC and their Terms and Conditions may be found on their website Beachbody.com.
   4. Virtual Workouts via our affiliation with Moxie: Moxie.xyz, a Moxie People Inc. product. Moxie.xyz, you may use their website to participate in live and virtual workouts hosted by cFIT Coaching and any other trainer of your choosing. *Note that Moxie.xyz requires registration and member requirements aside and separate from cFIT Coaching LLC and their Terms and Conditions may be found on their website moxie.xyz.com.
3. Our Products
   1. We will offer through the Website following products (the “Products”):
      1. online virtual coaching.
      2. suggested meal plans.
      3. suggested general fitness tips.
      4. suggested programs.
      5. lifestyle suggestions.
      6. virtual workouts and training.
4. Fees
   1. A written Fee Agreement will be drafted based on the verbal agreement by parties involved and based on the specific service(s) being provided and the length of time, number of sessions and duration of the program being provided ie: Personal Training, 40 minutes, 4 days per week for 4 weeks. The agreement must be signed but all parties involved.
      The written agreement will also clearly include when payment is due and frequency of payment required in order to move forward with service being provided. Coaching and Training services will discontinue if payment has not been made past 3 days of agreed due date.
   2. Certain service fees are indicated on the website where applicable, however other service are provided on a more personal, ‘a la carte’ basis and will require a signed proposal/ agreement by both parties: cFIT Coaching and the client/participant/member.
   3. There are no client/participant/member Dues. You can view and access the Website free of charge, and may purchase any of our products even as a non- client/participant/member.
   4. Where the fees payable in respect to applicable products as well as services agreed upon by both parties, products may not include all taxes and other charges such as shipping and delivery charges, duties, customs, tariffs, imposts, and government-imposed surcharges.
5. How to contact us
   1. We are C FIT Coaching LLC. We are registered Under Department of State ID: 5738947, registered in New York, USA. Richmond Hill, USA 11418. +1.718.810.6786.
   2. carmelle@cfitcoaching.com
6. Registration
   1. When you register as a client/participant/member we will ask that you provide certain personal information including, but not limited to your name, email address, postal address, cell phone and your payment details. Any personal information you provide to us with will be handled in accordance with our Privacy and Data Protection Policy.
      • Personal details such as name, email address: This is so we can contact you and to authenticate you signing in and out of our service.
      • Your height, weight, age, and information about your fitness levels and diet: This is so we can provide you with the suggestions and alternatives to help you achieve your health and wellness goals.
      • Progress photos: This is so we can accurately assess how the training is affecting you and provide you with the best service possible. If we decide to use your photos to illustrate possible client success outcomes, we will do so and appreciate your consent based on your agreement of these terms and conditions herein.
   2. You agree that all personal information that you provide will be accurate, complete and kept up to date at all times. We may use the information provided to keep you informed with all updates.
7. Coaching Services: Cancellation 
   1. You may cancel at any time. There is no obligation to remain whatsoever.
   2. If you want to end your contract with us, please have the courtesy of letting us know by doing the following:
      1. Email us at carmelle@cfitcoaching.com . Please provide your name, home address, your phone number and email address telling us of the reason you wish to cancel.
8. License
   1. Sharing of the content licensed under these terms with any other individuals is prohibited.
   2. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
9. Our Liability
   1. Nothing in the agreement excludes our liability arising as a result of our negligence for:
      1. Death or personal injury;
      2. Fraud or fraudulent misrepresentation.
   2. https://cfitcoaching.com, with cFIT Coaching LLC.(nor any of its agents or representatives), is engaged in rendering medical advice, nor does it (or any of its agents or representatives) hold itself as qualified to do so.
   3. We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
   4. Any suggested exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise your own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
   5. Where we provide you with a Personal Plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise program. Accordingly, any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.
   6. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us for nutrition and exercise suggestions.
   7. Before taking any action, you must take into account any other factors apart from the Personal Plan of which you are or should be aware.
      1. For example, we always recommend that you seek professional medical advice before embarking on any exercise program. Your decisions to engage in any suggested exercise program should take into account any medical or other professional advice that is available to you as well as using your own personal judgment as to what activity is safe for you to engage in. 
   8. The information set out may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.
      1. For example, where suggestions were made for a woman who was not pregnant, this would not be appropriate for her to use after becoming pregnant.
      2. You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us for a suggested Plan.
      3. Any information that we provide, whether obtained through our website, e-book, virtual courses (live or recorded), social media (such as Facebook, Instagram, LinkedIn or Twitter) or otherwise, is provided for the purposes of general information only.
10. Expected Results 
    1. While we believe that for most people, following our suggested program and suggested methods will lead to desired results, all exercise programs depend on the individual. Results will be affected by the effort and commitment of the individual; however, in some circumstances even where an individual follows our program, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:
       1. the effectiveness any techniques, meal plans or programs that we suggest; or
       2. the results that you may achieve as a result of following our suggestions.
    2. All testimonials shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.
11. Data Protection Policy
    1. We request that all personal information that you provide is accurate, current and complete.
    2. Any information which is collected using the Website including sensitive and personal information will be held by us in accordance with our Privacy and Data Protection Policy.
    3. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email (and or text).  You also agree that all proposals, agreements, notices, disclosures and other communications that we provide to you by email (and or text) satisfy any legal requirement that such communications be in writing.
    4. Any personal information that you provide to us by using the Website or as a member will be handled in accordance with our Privacy and Data Protection Policy.
12.  Intellectual Property 
    1. By providing any content for distribution by us (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute such content.
    2. The format and content of the Website is protected by the  international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Website.
    3. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilize parts of the contents of the Website without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of the Website without our express written consent.
13. General
    1. These conditions are governed in accordance with the laws of the state or governmental jurisdiction in which the website, the blog, the virtual workouts principal place of business resides through cFIT Coaching LLC. You agree, as we do, to submit to the non-exclusive jurisdiction of the state of New York and the federal courts of the United States of America.
    2. If you breach these Terms of Use and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
    3. We will not be responsible for any breach of these Terms of Use caused by circumstances beyond our reasonable control.
    4. We may make changes to the format of the Website and these Terms of Conditions at any time without notice.  We agree to post these changes immediately so that all users have the most up to date information at their disposal.
    5. We require that our clients be over the age of 18 or have express written permission of their parents/ guardian before we can begin a coaching arrangement. Please do not purchase our products if you are under 18 without first getting permission from your parents/ or guardian.

DISCLAIMER

Any exercise program, even in healthy individuals, carries risk. You have a responsibility to utilize your own personal judgment, as well as any other considerations, before acting on any of the content provided by us.

The health, fitness, lifestyle information on this site is provided as an information resource only and is not to be used or relied on for any diagnostic or treatment purposes. This information is not intended to be patient education; it does not create any patient-physician relationship and should not be used as a substitute for professional diagnosis and treatment. Please consult your healthcare provider for guidance about specific medical conditions/ concerns and before making any healthcare decision. cFIT Coaching LLC.- the **Website, the **Virtual Workout, **Streaming Service and **Social Media sites shall not be held liable for any damages, loss or injury whatsoever suffered as a result of your reliance to the information contained on the Website, the Show and Social Media sites.

All testimonials shown on our website or in our content are real people who have followed the plans suggested by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have accomplished.

*Note that the following sites require registration and member requirements aside and separate from cFIT Coaching LLC and their Terms and Conditions may be found on their respective websites.

**cfitcoaching.com, moxie.xyz.com, beachbody.com, facebook.com, instagram.com linkedin.com, tiktok.com

Refund Policy

cFIT Coaching LLC issues refunds up to 30 days after a program is purchased. If you are not completely satisfied with the program to which you’ve subscribed within the acceptable refund period please contact us to request a refund. Any requests made after 30 days will not be honored.

Waiver and Release of Liability

I hereby contract Carmelle Jean-Francois, cFIT Coaching LLC as my personal fitness coach. I agree to pay for coaching services as agreed-upon. I understand that all services are required are to be billed and paid for upfront before I receive said services.

In consideration of cFIT Coaching LLC for the purposes of improving my fitness, I hereby attest that I am in good health, that my statements in the attached initial consultations are accurate to the best of my knowledge, and that my physical condition has been verified by a licensed medical doctor.

I fully understand the risks inherent in such fitness programs and accept full responsibility for personal bodily injury, death, or property losses that may occur as a result of my being a part of this program or engaging in training and coaching sessions.

I hereby indemnify and save and hold harmless my coach Carmelle Jean-Francois and cFIT Coaching LLC from any laws, liability, damage and cost I may incur due to my participation in this program.