Terms and Conditions

Agreement between User and elevatedphysique.us
Welcome to elevatedphsyique.us. The elevatedphysique.us website (the “Site”) is comprised of various web pages operated by Elevated Physique Inc. elevatedphysique.us is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of elevatedphysique.us constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for your reference.

elevatedphysique.us is an E-Commerce Site.

The purpose of elevatedphysique.us is to provide fitness and nutrition programs-in person, online, and hybrid programs. The programs offer structured fitness routines including strength training, cardio exercises, flexibility exercises, etc.

The services offered by Elevated Physique Inc. involve physical exercise, physical recommendations, and in some instances physical modifications and nutritional modifications. TThe recommendations and modifications may cause bodily injury or even death. The user understands that there is an inherent risk or bodily injury when choosing to participate in any physical exercise or nutrition plan, including the Services.

The user must consult a physician, assess their fitness level, and follow all safety instructions before beginning this or any exercise or nutrition program.

Elevated Physique Inc. is not responsible for any injuries, bodily harm, or even death from participation in the programs. The user is responsible for exercising safely.

Elevated Physique Inc. shall not be liable for any claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to the use of any of the information contained in this website, including any injuries resulting there.

DISCLAIMER:

Results are not guaranteed. You use our services with the understanding that you are responsible for creating your own results. Elevated Physique Inc.’s  responsibility is to help inspire you in your effort to achieve the fitness related goals and results you seek. The results are not in any way guaranteed and may not occur in all individuals. Elevated Physique Inc. provides its services on an “as is” basis and makes no representations or warranties of any kind with respect to its information, website, promotional materials, articles, blog posts, videos, coaching, training or any other information conveyed.

Payment

*Payments and Refunds- Stripe automatic payment feature will be utilized where client will receive an automatic withdraw from their bank account for the agreed upon price for services detailed below. The client is expected to pay the full amount. By signing up, you are agreeing to pay for all services, regardless of whether you actually participate in or complete the workouts or nutrition. No refunds will be issued.

Accepted Form of Payment

Stripe automatic payment (as described above)

One-On-One Session Rescheduling- If you must reschedule an appointment or session let your coach know as soon as possible so you both can find the next most convenient time. It is up to your coach whether or not you will reschedule. Appointments will be rescheduled within the same month if possible.

Pricing

*Monthly rates: $120 plus $40/one-on-one training sessions. 3-month minimum commitment. After a 3 month commitment, payments will be month-to-month until client notifies coach of cancelation via email or text message, at least one week prior to new billing cycle.

Elevated Physique App - When the client discontinues coaching, their access to the app is also discontinued. It is the client’s responsibility to copy down their program if the client wishes to maintain access to it, as they will no longer have access to the program on Elevated Physique App. The client can save their program by downloading or printing their app workouts individually or writing it down or typing it out. This process is not the responsibility of Elevated Physique or Elevated Physique coaches, but if the client needs help with how they can save their program, a coach can help them through this process. The same goes for the client’s meal plan (if applicable).

Privacy 

Your use of elevatedphysique.us is subject to Elevated Physique Inc.’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs our users of our data collection practices.

Electronic Communications
Visiting elevatedphysique.us or sending emails to Elevated Physique Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Links to Third Party Sites/Third Party Services
elevatedphysique.us may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Elevated Physique Inc. and Elevated Physique Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Elevated Physique Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Elevated Physique Inc. of the site or any association with its operators.

Certain services made available via elevatedphysique.us are delivered by third party sites and organizations. By using any product, service or functionality originating from the elevatedphysique.us domain, you hereby acknowledge and consent that Elevated Physique Inc. may share such information and data with any third part with whom Elevated Physique Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of elevatedphysique.us users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use elevatedphysique.us strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant Elevated Physique Inc. that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interference with any other party’s use and enjoyment on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content including as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Elevated Physique Inc. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Elevated Physique Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express, or implied, to the intellectual property of Elevated Physique Inc. or our licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by Elevated Physique Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Elevated Physique Inc. content accessed through elevatedphysique.us in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend, and hold harmless Elevated Physique Inc, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, 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. Elevated Physique Inc. reserves the rights, 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 Elevated Physique Inc. in asserting any available defenses.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ELEVATED PHYSIQUE INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE ANY TIME

ELEVATED PHYSIQUE INC MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
ELEVATED PHYSIQUE INC. HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES POR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELEVATED PHYSIQUE INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING , WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN I ELEVATED PHYSIQUE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/ Access Restriction
Elevated Physique Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado, and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitations, this section. 

Changes to Terms
Elevated Physique Inc. reserves the right, in its sole discretion, to change the Terms under which elevatedphysique.us is offered. The most current version of the Terms will supersede all previous versions. Elevated Physique Inc. encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
elevatedphysique2022@gmail.com

Effective as of 10 October 2024