This Group Program Agreement (hereinafter referred to as the “Agreement”) is made and entered into on the date of purchase (hereinafter referred to as the “Effective Date”), by and between Allison Tenney Fitness, LLC (hereinafter known as the “Company”) and the individual purchasing the program (hereinafter referred to as the “Client”). Together, the Company and the Client are collectively referred to herein as the “Parties.”
WHEREAS, the Company provides online strength and conditioning (“Services”); and
WHEREAS, the Client wishes to retain the Company and accepts the terms of the Agreement as set forth herein for the Company to provide such Services.
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agree as follows:
The Company agrees to provide online strength and conditioning coaching through the program selected by the Client at the time of enrollment. The programs offered by Allison Tenney Fitness, LLC include The Den, (run) Wild, and Alpha (each individually and collectively referred to herein as the "Program"). Services will be delivered by Allison Tenney and/or authorized coaches and representatives of Allison Tenney Fitness, LLC.
The Program includes the following core services, delivered through the TrueCoach application:
The Client may direct questions or request support by contacting the Company at allison@allisontenneyfitness.com.
This Agreement governs the Client's participation in any and all Allison Tenney Fitness programs. Should the Client elect to transfer to a different program offered by the Company, this Agreement remains in full force and effect. The Client's original Start Date, minimum commitment period, billing cycle, and all terms and conditions herein continue to apply without interruption upon any program transfer.
The Program will commence on the date of the Client's purchase (the "Start Date") and will continue in accordance with the payment plan and term selected by the Client, as further described in Section 4 of this Agreement.
The Client understands that the Company is a Personal Trainer.
The Company is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with their physician before implementing changes or habits suggested by the Company. The Client confirms that the client has or will discuss any and all changes to their diet, exercise regimen, supplements, medications, or lifestyle with their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to their lifestyle. The Client understands that the Company is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist.
Further, the Company has not promised, nor shall they be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in their life.
The Company requests the Client to:
The Company agrees to make reasonable efforts to respond to Client inquiries submitted through TrueCoach or via email within two (2) business days during standard business hours.
The Program term is determined by the payment plan selected by the Client at the time of enrollment, as follows:
MONTHLY PLANS: The minimum commitment period is three (3) consecutive months, beginning on the date of purchase from the website (the "Start Date"). After the initial 3-month minimum period has been completed, the Client's membership will automatically convert to a month-to-month arrangement and will continue to renew on a monthly basis until cancelled in accordance with Section 5.
ANNUAL PLANS: The minimum commitment period is twelve (12) consecutive months, beginning on the Start Date. After the initial 12-month minimum period has been completed, the Client's membership will automatically renew on a month-to-month basis at the then-current monthly rate unless the Client provides written notice of cancellation prior to the renewal date in accordance with Section 5.
The Client agrees to pay all fees associated with their selected payment plan for the full duration of their minimum commitment period, regardless of participation level or program completion.
PROGRAM TRANSFERS: The Client may request to transfer their enrollment from one Allison Tenney Fitness program (including but not limited to The Den, (run) Wild, and Alpha) to another at any time by submitting a written request to allison@allisontenneyfitness.com. A program transfer does not constitute a new enrollment, does not reset or restart the Client's minimum commitment period, and does not alter the Client's billing cycle or payment obligations under this Agreement. The Client's original Start Date and commitment term remain in effect upon transfer. All terms and conditions of this Agreement continue to apply in full to the Client's participation in any program to which they transfer.
The Client understands that the Parties do not have a continuing relationship after termination of the Program. If the Parties choose to continue their relationship in any capacity following termination, a separate and distinct agreement will be entered into and agreed upon by both Parties.
The Client may cancel their enrollment in the Program only after the minimum commitment period has been completed in full — three (3) consecutive months for Monthly Plan clients and twelve (12) consecutive months for Annual Plan clients. Early termination by the Client prior to the completion of the minimum commitment period is not permitted, and the Client remains responsible for all payments due through the end of the minimum commitment period regardless of whether the Client continues to participate in the Program.
After the minimum commitment period has been completed, the Client may cancel their enrollment at any time by logging into their client portal on the Company's website and cancelling their subscription directly. The Client acknowledges that cancellation is a self-service process and that it is solely the Client's responsibility to complete the cancellation through the client portal. The Company is not responsible for cancellations that are not completed through the client portal, and the Company has no obligation to process or honor cancellation requests submitted through any other channel, including but not limited to email, the TrueCoach platform, social media, or verbal communication.
Cancellation takes effect at the end of the billing period in which the cancellation is completed. The Client will retain access to Program content and the TrueCoach platform through the end of the final paid billing period, after which access will be permanently discontinued. No refunds will be issued for any payments processed prior to the Client completing cancellation through the client portal, including any payment processed on a Billing Date that falls before the Client completed the cancellation process.
The Client acknowledges that it is their sole responsibility to cancel prior to their next scheduled Billing Date if they do not wish to be charged for a subsequent month. The Company is not responsible for charges incurred due to the Client's failure to cancel through the client portal in a timely manner, and no refunds will be issued under these circumstances.
The Company is committed to providing the Client with a positive, safe, and effective program experience. The Company reserves the right, in its sole discretion, to suspend or permanently terminate the Client's access to the Program, with or without prior notice, for any of the following reasons:
In the event of termination by the Company for any of the reasons outlined above, no refunds will be issued for any payments already processed, and the Client remains responsible for all outstanding payments due under the minimum commitment period. The Company's termination of the Client's access does not extinguish the Client's payment obligations under this Agreement.
In the event the Company discontinues the Program for reasons unrelated to the Client's conduct, the Company's sole obligation to the Client shall be written notice of discontinuation. No refunds will be issued for payments already processed. The Client's payment obligations for any remaining balance due under the minimum commitment period shall be waived upon discontinuation.
Upon termination of this Agreement by either party, the Client's access to the Program, including all content, programming, coaching support, and the TrueCoach platform, will be permanently discontinued. The Client acknowledges that following termination, the Parties do not have a continuing relationship, and no further services will be provided under this Agreement.
The following sections of this Agreement survive termination and remain in full force and effect: Section 6 (Payment), Section 7 (Refund Policy), Section 9 (Confidentiality), Section 10 (Non-Disclosure of Company Materials), Section 11 (Indemnification), Section 12 (Arbitration), and Section 13 (Applicable Law and Venue).
The Client agrees to pay for the program selected at the time of enrollment (hereinafter referred to as the "Program") in accordance with the pricing tier chosen. All fees are stated in U.S. dollars. The applicable fees are as follows:
The Den / (run) Wild / Alpha — Coaching:
The Den / (run) Wild / Alpha — DIY:
All fees are charged in U.S. dollars. The Company reserves the right to adjust Program pricing at any time upon thirty (30) days written notice to the Client. Any pricing adjustment will take effect at the start of the Client's next billing cycle following the notice period. The Client's continued participation in the Program after the notice period constitutes acceptance of the revised pricing. If the Client does not accept the revised pricing, the Client may cancel in accordance with Section 5, provided the Client's minimum commitment period has been completed.
Should the Client transfer to a different Allison Tenney Fitness program in accordance with Section 4, the Client's pricing tier and billing cycle will remain unchanged. No new minimum commitment period will be initiated as a result of a program transfer.
The Client's first payment is due upon enrollment and will be processed via credit card or ACH (Automated Clearing House) bank transfer through the Company's payment processor, Stripe. By enrolling, the Client authorizes the Company to charge the Client's selected payment method on a recurring monthly basis for the duration of the Program, beginning on the date of enrollment (the "Billing Date").
Payments are billed on the same date each month based on the original Billing Date. If the Billing Date falls on a date that does not exist in a given month (e.g., the 31st), payment will be processed on the last day of that month.
MONTHLY Plan Clients: After the initial three (3) month minimum commitment period has been completed, the Program will automatically renew on a month-to-month basis at the same monthly rate until the Client cancels in accordance with Section 5.
ANNUAL Plan Clients: After the initial twelve (12) month minimum commitment period has been completed, the Program will automatically renew on a month-to-month basis at the then-current standard monthly rate for the Client's program and tier until the Client cancels in accordance with Section 5.
The Client acknowledges that it is the Client's responsibility to cancel prior to the next Billing Date if the Client does not wish to be charged for a subsequent month. The Company is not responsible for charges incurred due to the Client's failure to cancel in a timely manner.
The Client agrees to contact the Company in writing at allison@allisontenneyfitness.com within ten (10) days of any disputed charge before initiating any chargeback, payment dispute, or claim with their financial institution, credit card issuer, or payment processor. The Company will make reasonable efforts to resolve any legitimate billing disputes in good faith within ten (10) business days of receipt of the Client's written notice.
The Client acknowledges that initiating a chargeback or payment dispute without first providing written notice to the Company and allowing the Company a reasonable opportunity to resolve the matter constitutes a breach of this Agreement. In the event of such a breach, the Company reserves the right to:
The Client acknowledges that this Agreement constitutes a written contract for services, that all charges processed hereunder are authorized by the Client, and that this Agreement may be submitted as evidence in any chargeback dispute resolution process.
Nothing in this section is intended to limit or waive any rights the Client may have under applicable federal or state consumer protection law, including the Client's rights under the Fair Credit Billing Act.
The Client acknowledges and agrees that enrollment in any Allison Tenney Fitness program — including The Den, (run) Wild, and Alpha, at either the Coaching or DIY tier — requires a minimum payment commitment of either three (3) consecutive months or twelve (12) consecutive months, depending on the payment plan selected by the Client at the time of enrollment. All fees are non-refundable and non-transferable once the Program has begun.
By purchasing the Program, the Client agrees that no refunds, credits, or partial payments will be issued under any of the following circumstances:
The Client's obligation to pay all fees due under their selected payment plan exists independently of the Client's use of, satisfaction with, or participation in the Program.
The Client may not terminate this Agreement or cancel payments before the completion of the minimum commitment period — three (3) consecutive months for Monthly Plan clients and twelve (12) consecutive months for Annual Plan clients. The Client remains fully responsible for all payments due through the end of the minimum commitment period regardless of whether the Client continues to participate in the Program.
After the minimum commitment period has been completed, the Client's enrollment will automatically continue on a month-to-month basis, and the Client may cancel at any time thereafter in accordance with the termination policy outlined in Section 5 of this Agreement.
All payment dispute and chargeback matters are governed exclusively by Section 6D of this Agreement. The Client agrees that the process and remedies outlined in Section 6D apply in full to any billing dispute arising in connection with the Program, including disputes related to refund requests. Nothing in this section creates any right to a refund beyond what is expressly stated in this Agreement.
Allison Tenney Fitness, LLC offers a limited Membership Pause Policy to provide flexibility to active members under specific conditions. By enrolling in any Allison Tenney Fitness program — including The Den, (run) Wild, and Alpha — the Client agrees to the terms outlined below.
To be eligible to request a membership pause, the Client must meet all of the following criteria at the time of the request:
The Client may request to pause their membership for either one (1) or two (2) consecutive months. Partial month pauses are not available. The maximum cumulative pause duration per calendar year is two (2) months regardless of how the pause is structured.
Pause requests must be submitted in writing via email to allison@allisontenneyfitness.com a minimum of seven (7) calendar days prior to the Client's next scheduled Billing Date. Requests received fewer than seven (7) calendar days before the next Billing Date will not be processed for that billing cycle and will take effect the following month if resubmitted in a timely manner.
The pause request must include the following information:
Verbal requests, requests submitted through TrueCoach, social media, or any channel other than email, and requests received outside the specified notice period will not be honored under any circumstances.
During the approved pause period, the following conditions apply:
At the end of the approved pause period, the Client's membership will automatically reactivate and billing will resume on the Client's original Billing Date. The Client does not need to take any action to reactivate their membership — reactivation is automatic.
The Company will send a courtesy reminder via email approximately three (3) days prior to reactivation. If the Client does not respond to the reminder, billing and Program access will still resume as scheduled. It is solely the Client's responsibility to monitor and manage their membership status. The Company is not responsible for charges incurred upon automatic reactivation, and no refunds will be issued for payments processed upon reactivation.
If the Client does not wish to continue their membership following the pause period, the Client must cancel through the client portal in accordance with Section 5A prior to the reactivation date, provided the minimum commitment period has been completed in full.
Pause privileges are granted solely to the individual Client and are non-transferable. Paused memberships may not be gifted, shared, or assigned to another party under any circumstances.
Allison Tenney Fitness, LLC reserves the right to modify, suspend, or discontinue the Membership Pause Policy at any time. Any material changes to this policy will be communicated to active members in writing prior to taking effect. The most current version of this policy will be reflected in this Agreement and on the Company's website or member platform.
For questions or to submit a pause request, contact: allison@allisontenneyfitness.com
The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.
Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.
Material given to the Client in the course of the Program is proprietary, copyrighted and developed specifically for and by the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.
The Company’s Program is copyrighted and the original materials that have been provided to the Client are for the Client's individual use only and are granted as a single-user license. The Client is not authorized to re-sell, share, or use for profit any of the Company’s intellectual property. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted nor implied.
Further, by agreeing to the terms of this Agreement at the time of purchase, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
The Client acknowledges and agrees that all content, materials, resources, and intellectual property provided by Allison Tenney Fitness in connection with The Den, (run) Wild, Alpha, or any other program offered by Allison Tenney Fitness, LLC (the “Program Materials”) are the exclusive property of Allison Tenney Fitness. The Program Materials, including but not limited to training programs, worksheets, guides, videos, and any related content, are protected by copyright, trademark, and other intellectual property laws.
The Client agrees that they will not, under any circumstances:
Any violation of this section will result in the immediate termination of access to the Program, and the Client will be held liable for any damages arising from such violation, including but not limited to legal fees, fines, and any lost revenue resulting from the infringement of intellectual property rights.
The Client agrees to indemnify, defend, and hold harmless Allison Tenney Fitness, LLC, its officers, directors, employees, agents, independent contractors, representatives, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, losses, liabilities, causes of action, damages, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
The Client's indemnification obligations under this section are not limited by any damage limitation or exclusion set forth elsewhere in this Agreement. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by the Client, in which case the Client agrees to cooperate fully with the Company in asserting any available defenses.
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Utah. The arbitration hearing shall be held in the state of Utah. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded.
In the event the arbitrator finds in favor of the Client, the Client's recovery shall be limited to direct, actual damages not to exceed the total amount paid by the Client to the Company in the twelve (12) months preceding the claim. Neither party shall be entitled to recover punitive, exemplary, consequential, incidental, or indirect damages of any kind. Nothing in this section is intended to limit any remedy the Client may be entitled to under applicable federal or state consumer protection law.
This Agreement shall be governed by the laws of the state of Utah. Any action brought by any party arising out of or from these Terms shall be brought within the County of Salt Lake, State of Utah.
The Agreement constitutes the entire agreement between the Parties with respect to their relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth by writing, specifying such waiver, consent, or amendment, agreed to in writing by both parties.
The headings of Sections in the Agreement are provided for convenience only and shall not affect its construction or interpretation.
This Agreement is accepted and executed electronically. By checking the box at the time of purchase on the Company's website, the Client acknowledges that they have read, understood, and agree to be bound by all terms and conditions of this Agreement in full. Electronic acceptance via checkbox at the time of purchase constitutes the Client's legally binding signature for all purposes and is fully enforceable to the same extent as a handwritten signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and the Utah Uniform Electronic Transactions Act (UETA), Utah Code Ann. § 46-4-101 et seq.
The Company will deliver a copy of this Agreement to the Client via email at the address provided at the time of purchase. It is the Client's responsibility to retain a copy of this Agreement for their records. The Company maintains records of Client acceptance, including the date, time, and method of acceptance, which shall be admissible as evidence of the Client's agreement to these terms in any dispute resolution proceeding.
The Client's failure to read this Agreement does not affect its enforceability. By completing the purchase, the Client represents that they have had a full and fair opportunity to review the terms of this Agreement prior to acceptance.
The provisions of the Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of the Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of the Company's right to enforce such provision or any other provision of this Agreement in the future.
The Agreement may not be assigned by either of the Parties without the express, written consent in advance of the other Party.
In the event that any cause beyond the reasonable control of either of the Parties, including, but not limited to: acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, third-party platform outages or technology failures beyond the Company's reasonable control, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
The Client understands and agrees that the Client is 100% entirely responsible for their progress and results experienced from the Program. The Company will help guide and support the Client, but the Client’s participation in, and dedication to, the Program is one of many vital elements to the Program’s success.
The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Client’s performance, results, income, revenue, or success. The Client understands that due to the nature of the Program, the results experienced by each Client may vary. The Company does not make any guarantees other than that the Services offered in the Program shall be provided to the Client in accordance with the terms of the Agreement.
The Client grants the Company the right to use voluntarily submitted testimonials, written feedback, publicly shared wins, and communications in which the Client has explicitly expressed satisfaction with or results from the Program, for the purposes of promoting and marketing the Program across social media, advertisements, the Company's website, and to the Company's future clients. This release does not extend to private coaching communications, personal health information, or any communication exchanged through the TrueCoach platform, unless the Client provides separate written permission for the Company to use such communications.
The Client understands that they will not receive any compensation for use of their testimonial, feedback, or likeness. The Company will make all reasonable efforts to conceal the identity of the Client unless the Client has explicitly granted written permission for their name or identifying information to be shared.
The Client may withdraw this release at any time by submitting a written request to allison@allisontenneyfitness.com. Withdrawal of this release applies prospectively only and does not require the Company to remove content already published prior to receipt of the withdrawal request.
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