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Custom Plan Payment Plan Terms

 

 

CLIENT SERVICES AGREEMENT (the “Agreement”)

Program: Good Spray 12 Week Custom Training Plan with Group Support

 

 

Service: 12 Week Custom Training Plan with Group Support - 3 month payment plan

 

This Agreement is made effective as of the program purchase date by and between Good Spray Climbing LLC (hereinafter referred to as the “Coach”) and the purchaser of the Program, hereinafter referred to as the “Client”). The Client and the Coach will collectively be referred to herein as the “Parties”.

 

The Parties hereby agree to the following:

 

  1.  Program/Service Description
  2.  A pre training physical assessment plus 12 weeks of climbing training delivered via Trainerize application.
  3.  Two, 60 minute coaching calls per month conducted via zoom. Calls will be conducted in a group setting with other Good Spray custom plan athletes. The Client will have access to at least 6 calls during the Program.
  4.  Access to group slack message for communication with the Coach during the Program. Coach response time is 72 hours. The Coach will not respond during dates in which the Good Spray offices are closed. The Coach does not respond to or check direct messages in slack. The Coach does not check messages on Saturdays or Sundays.
  5. The Coach does not respond to or check comments in the Trainerize App. All Coach Client Communication shall be conducted via the Slack Message and Group Coaching Calls.


Please note that Program length may be longer depending on Holiday time imposed by the Coach. The athlete is also entitled to up to two total weeks of “pause time” during their program. Pause time does not impact payment schedule.

 

  1. Payment

The Client will pay the Investment pursuant to the following terms:

3 month payment plan.

$299/month charged every 30 days to the card on file.

General Payment Terms:

When you pay for the Program by credit card, you authorize and give permission to Good Spray Climbing LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal, woocommerce, or stripe (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours.  Good Spray Climbing LLC is not responsible for the merchant’s independent policies or practices.

  1. Payment Plan Terms / Failed Payment Procedures:

 

Should you choose to purchase the Program via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged every 30 days apart for 3 months to complete your total payment.

 

If you choose the Payment Plan to purchase the Program, you hereby authorize and give permission to Good Spray Climbing LLC to automatically charge your credit card, debit card, or PayPal account, as payment for the Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.

 

We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.

 

By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.

 

  1. Failed Payment Plan Payments / Re-charge procedures:

 

By signing up for the payment plan, your card will automatically be re-charged 30 days apart for your remaining payments. Please plan accordingly.

 

If your payment-plan payment fails on the 1st attempt:

In the event that your Payment Plan payment is not successfully made on your due date, your credit card will automatically be re-charged after a 3 day grace period to make your payment for the Program.

 

If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you will have a 3 day grace period to update your card information with any penalty or losing access to the Program.

 

After 2nd failed payment:

Your access to the Program will be temporarily suspended and you will not be able to access the Program at all until you successfully complete your payment. We will attempt to re-charge your credit card in 1 day.

 

After 3rd failed payment:

Your access will still be suspended, pending your successful completion of your owed late payment. In 1 day, we’ll attempt to charge your card.

 

4th and final attempt to make payment:

The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Program and no refund will be given.

 

When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Program terms.



 

  1. Refund Policy

    NO REFUNDS:

 

The Coach will do everything within her ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. Refunds will not be issued for coaching services already conducted. The Client is obligated to pay for the full amount of the Program. If, for any reason, the Coach is unable to fulfill her obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered.

 

         NO CHARGEBACKS:

 

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.

 

  1. Term

The Program is a minimum of 13 weeks long and begins after the Coach has input their assessment into the Trainerize App. The Client has up to two weeks to complete their assessment and intake forms before their 12 week training plan begins.

The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon. 

 

The Coach retains the right to put the program on “Pause” for one week during the program. The Coach will notify the Client of any schedule changes related to the Pause week at least one week in advance. During the “Pause” week, there will be limited communication with the Coach. There will be no Coaching calls while the program is on Pause.

The Client is also able to put the Program on Pause for up to two weeks during the Program. The Client must notify the Coach if their program is to be put on Pause. The Coach is not responsible for any group calls missed as a result of the Client’s election to Pause their program.

The Coach will not be available during these dates as the Good Spray offices will be closed:

The Client is aware that contact with the Coach will be limited during Holiday Dates in which the Good Spray office is closed. The Holiday Calendar and Policies can be found in your welcome email.

Training plans will still be available during this time, however the Coach will be unavailable for communication. Holidays as shown below will not count towards the total 12 week duration of the Client’s training plan. Holidays do not impact the Client’s payment schedule.

The Client will still receive all that is described in the description of services, whether or not the Program is temporarily put on Pause as described above. Holiday time on the part of Good Spray does not count towards the Client’s 12 week training time. Please note that the Coach has a right to update holiday time. The Coach will advise of any changes to holiday schedule at least one week in advance, barring extreme or extenuating circumstances.

 

  1. Client Commitments

The Coach requests the Client to:

  1.  The Client shall participate fully training program, and any other part of the program, to the best of their ability.
  2.  The Client shall immediately inform the Coach of any issues or difficulties they may have with the Program.
  3. The Client shall attend group calls and participate in the slack channel as fully as they wish, acknowledging that more participation will improve results.

 

  1. Coach Commitments

The Coach agrees to the following as part of the Program:

  1.  The Coach shall participate fully and intently in the program, to the best of his/her ability.
  2.  The Coach will support the Client to the best of his/her abilities in accordance with Section I of this Agreement.
  3.  The Coach will provide the Client’s training program via the Trainerize App.
  4.  The Coach will not review comments in the Trainerize App. All communication with the coach should be done through the Slack Channel and Group coaching calls.

 

  1. Disclaimer

The Client understands that the Coach is a Certified Personal Trainer, certified by the National Academy of Sports Medicine.

 

The Coach 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 his/her physician before implementing changes or habits suggested by the Coach. The Client confirms that s/he has or will discuss any and all changes to his/her diet, exercise regimen, supplements, medications, or lifestyle with his/her physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to his/her lifestyle.  The Client understands that the Coach is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist.

 

Further, the Coach has not promised, nor shall she 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 his/her life.

 

 

  1. Limitation of Liability

Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

 

  1. Indemnification

Client agrees to indemnify and hold harmless the Coach, Good Spray Climbing LLC, its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Good Spray Climbing LLC, the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach.

 

  1. ARBITRATION

Client and Coach will do their best to work out any differences through a phone or zoom conversation or via email. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly.

 

Prior to seeking arbitration, the Client must submit their complaint formally to [email protected].

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. The sole remedy for the Client shall be a refund of any amount paid to the Coach.

 

  1. NON-DISPARAGEMENT

In the event of a dispute between the Client and Coach, Client agrees not to engage in any conduct or communications, public or private, designed to disparage the Program, Good Spray Climbing or Lauren Abernathy. Where requested by law or arbitration, of course, Client is not prohibited from sharing their thoughts and opinions as part of the legal process. By signing the Agreement, we are both acknowledging that we have read, understand, agree to and accept all of the terms of this Agreement. Your Program will not begin until this signed document has been received and payment (or deposit) has been made.

 

 

 

  1. Entire Agreement

This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.

 

  1. Severability

The provisions of this 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 this 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.

 

  1. Applicable Law + Venue

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Utah, United States as they apply to contracts entered into and wholly to be performed in the State of Utah, United States. The Federal and State courts within the State of Utah, United States shall have exclusive jurisdiction to adjudicate any dispute arising out of or from this Agreement.

 

  1. Photograph and Testimonial Release

 

The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of his/her likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share his/her name or identifying information.

 By purchasing this Program you agree to the above Terms and Conditions.