Allison Tenney Fitness, LLC
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“AGREEMENT”) CAREFULLY. THE USE OF THIS WEBSITE (THE “SITE”) AND SERVICES IS CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT WITHOUT MODIFICATION. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS THE SITE OR SERVICES OR PURCHASE ANY SERVICES.
Use of Site
The terms and conditions listed below govern use of the Site and all services obtained via the Site, including online services and personal, one-on-one coaching (the “Services”) all collectively provided by Allison Tenney Fitness, LLC, and/or its owner, agents, employees, representatives or affiliates (the “Company”), including specific program packages that you may purchase from time to time (the “Program”). The terms “You”, “User”, and “Your” shall mean the individual entering into this Agreement with the Company. The Company reserves the right to change this Agreement from time to time. If the changes materially impact Your rights and obligations, we will notify You of such changes. You acknowledge and agree that it is Your responsibility to review this Agreement periodically to familiarize Yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgment and Agreement of the modified terms and conditions.
The Site consists of an online platform through which users obtain access to information, resources, services, products, and tools relating to fitness and physical exercise programs, including but not limited to fitness training, weightlifting, aerobic, and anaerobic exercise, as well as mindset coaching. The Company and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that You take based on the information, services or other material on the Site. Therefore, You hereby accept all risks associated with the services and hereby release and discharge the Company and its respective, heirs, directors, officers, agents, employees, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from or connected with the services obtained through this Site.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE STARTING THIS OR ANY OTHER EXERCISE OR MINDSET COACHING PROGRAM. NOTHING ON THIS SITE SHALL BE CONSTRUED TO BE TAKEN AS MEDICAL ADVICE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK.
Grant of Rights; Restrictions on Use
Subject to Your compliance with the terms and conditions of this Agreement, the Company grants You a nonexclusive, nontransferable, limited right to access and use of the Site made available to You. The rights and restrictions granted to You are as follows:
Disclaimers of Warranties; Site and Services Access and Modifications
Creation of Account and Security
To complete a transaction for a or Program, You must: (i) create an account; and (ii) provide true, up to date and accurate account information about Yourself and any product You submit. Each person that is provided with a password and user id to use the Site must agree to abide by these Site terms and is responsible for all activity under such user id. You are responsible for maintaining the confidentiality and security of any password connected with Your account. You agree to accept responsibility for all activities that occur under the account feature or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by You in Your account.
Privacy and Consent
You agree to pay, and authorize the Company’s third party payment processor to charge using Your selected payment method the Fees for Your selected Program, including all applicable fees and taxes that may accrue in relation to Your payment plan to use our services or purchase our products. All fees are in us dollars and are non-refundable except as required by law. The Company is not responsible for charges or foreign exchange rates applied by Your credit card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are past due or if there are any chargebacks. This, however, will not stop the deduction of payments in accordance to this section, unless the proper written notice is provided.
Payment of all Fees shall be made in full upon Your purchase of Your selected Program. You will not have any access to the Program until You have made payment of all Fees.
Term and Termination; Account Deletion
You are not entitled to any refund or extension of the Program(s) purchased for any reason. Nonetheless, the Company may, at its sole discretion, agree to place your Program on hold in the event that you are unable to use the Program. You must request any such hold via email sent to firstname.lastname@example.org, setting forth the specific reason for the request, and the period that you wish to place your Program on hold. The Company will make its best efforts to work with you but has no obligation to grant Your request.
Fees Not Based on Actual Use
Except otherwise specified or waived by the Company, all Fees are based on the services and membership subscription and not actual usage. Therefore, all payments obligations herein are non-cancelable and non-refundable, and quantities purchased cannot be modified during the relevant membership term or period.
Foreign Exchange Rates and Fees
All fees are in U.S. dollars. The Company is not responsible for charges or foreign exchange rates applied by Your credit card Company and/or financial institution.
The Company will treat all information that You provide directly to us during one-on-one training sessions as confidential, and shall not disclose such information without your prior consent.
Third-Party Products and Services
We may make available the Site via third parties or may otherwise provide information about or links or referrals to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between You and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any third-party products or services, and You use such third-party products and services at Your own risk.
We do not sponsor, endorse, recommend or approve any such third party. You should investigate and use Your independent judgment regarding the merits, quality and reputation of any individual, entity through whom You obtained through the Site or in relation to this Agreement. We do not represent or warrant that any such third party is licensed, qualified, reputable or capable of performing any services or any of the products that the offer for sell.
Although we aim to offer You the best services, we make no promise that the Site will meet Your requirements. We have no control over such matter, and therefore, we cannot guarantee that the Site will be always available. If You believe there is a problem on our end, please do not hesitate to contact us and we will attempt to correct the fault as soon as we reasonably can. Notwithstanding the aforementioned, Your access to the Site may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Site for reasons beyond our control (such as a problem with our provider). In this event, we will attempt to restore the service as soon as we reasonably can. Any such restrictions or interruptions shall not constitute a breach by the Company or of these term, and shall not entitle you to a refund of any Fees.
Right to Promote
You understand from time to time the Company produces promotional material about its programs and client success. You further understand that as a participant You may be included in videotape or photographs taken during clinics, training sessions, before and after photos, or any other activities involving these programs. You hereby grant the Company, its owners, managers, employees, successors, assignees, licensees, sponsors and any media or other commercial entities associated with this program, the exclusive right to photograph and/or videotape participant and further utilize participant’s face, likeness, voice and appearance as part of the program for purposes of marketing, advertising and promoting the program without reserve or limitation. In granting this license, You understand that the Company is under no obligation to exercise any of its rights, licenses, and privileges herein granted by participation.
No Guarantee of Results
Physical results or changes to the body and mindset are dependent on the client and full implementation of the Services. Even with full implementation, the Company does not guarantee expected results, as such results are (1) subjective to You and (2) dependent upon Your commitment to the following the Programs. The Company is in no way responsible for the lack of results seen or expected by You.
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of or inability to use the Site, any user postings made by You, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Company in asserting any available defenses.
To the fullest extent permissible by applicable law, under no circumstances will the aggregate liability of the covered parties in connection with any claim arising out of or relating to the online services or materials or this subscription Agreement exceed the lesser of Your actual direct damages or the amount You paid for the online services in the twelve month period immediately preceding the date the claim arose. Your right to monetary damages in that amount shall be in lieu of all other remedies which You may have against any covered party.
To the fullest extent permissible by applicable law, neither You nor the Company will be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the Site, or the failure of any party to perform its obligations. The foregoing limitation of liability shall not apply to a party’s indemnity obligations or Your (and Your authorized users’) infringement of intellectual property or misappropriation of proprietary data belonging to Company or its third-party suppliers.
The Site (including all third-party content), and all links, information, materials, evaluations, recommendations, services and products provided on or through the Site are provided on an “as is” basis without warranties of any kind, either express or implied. You expressly agree that use of the Site is at Your sole risk. Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose, title, and non-infringement as to the Site, the Site materials, links, information, materials, services and products available on or through on the Site.
Termination; Refusal to Provide Services
We may terminate or suspend Your access to the Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, Your right to use the Site will immediately cease. Furthermore, we reserve the right not to respond to any requests for information for any reason, or no reason.
In the event that the Company ceases to operate the Site, Your access to the Program materials will terminate. You will not be entitled to a refund in such case.
Electronic Notices and Transactions
You agree to transact with us electronically. This means You agree to accept and terms and conditions and to transact any sale, donation or recycling of Your products with us by electronic means. You authorize us to send You important notices about the Site and any pending transactions to an email address You provide to us, if You are a registered account holder or, in the alternative, by posting a notice on the Site. It is Your duty to keep Your email address up to date and to maintain a valid email address and to ensure that emails we send You are not filtered or stopped by spam filters or other types of email blocking functionalities. If You no longer desire to transact electronically with us, You may no longer use the Site.
Governing Law; Severability
This Agreement is to be construed in accordance with and governed by the internal laws of the State of Texas, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Texas to the rights and duties of the parties.
If any provision in these terms and conditions is held to be legally invalid or unenforceable, then both You and Company shall be relieved of all obligations arising under such provision, but only to the extent that such provision is invalid or unenforceable, and these terms shall be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving its intent; or if that is not possible, by substituting another provisions that is valid and enforceable and achieves the same objective and economic result. Any action to enforce a mediation or arbitration award or any injunctive relief sought pursuant to these terms and conditions shall be brought only in the federal or state courts in Travis County, Texas, and You consent to the exclusive jurisdiction of such courts
From free weeks of coaching to our clothing line check out all of our resources
Go deeper on topics all about training, strength, performance and much more. Visit the Blog.
Explore the intersections of fitness, business, and leadership, and have in-depth conversations about what it means to have an impact on and in the world around us.
Explain what the quiz is and why they should take it