Terms of Service

TERMS OF SERVICE Last Updated: November 2025 These Terms of Service ("Terms") govern your access to and use of the online coaching, training, and membership services (the "Services") offered by ColeTrain Fitness ("Company," "we," "us," or "our"), a business operating in the State of Iowa. By creating an account, purchasing a membership, booking a session, or otherwise using the Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services. 1. DESCRIPTION OF SERVICES ColeTrain Fitness provides virtual, remote personal training and fitness coaching services, including but not limited to: personalized workout programming, exercise instruction, progress tracking, nutrition guidance, and related coaching communications delivered through our online platform. The Services are provided entirely online and do not include in-person supervision of your exercise activity. 2. NOT MEDICAL ADVICE; ASSUMPTION OF RISK 2.1 No Medical Advice. The Services are for general fitness and educational purposes only. Nothing provided through the Services constitutes medical advice, diagnosis, or treatment. We are not physicians, physical therapists, or other licensed medical providers, and no coach-client relationship created through the Services is a substitute for a relationship with a qualified healthcare provider. 2.2 Consult Your Physician. You should consult a physician before beginning any exercise program, particularly if you have any pre-existing medical condition, injury, or concern that could be affected by physical activity. By using the Services, you represent that you are physically fit to participate in an exercise program and have no medical condition that would prevent your safe participation, or that you have obtained clearance from a physician to do so. 2.3 Assumption of Risk. You acknowledge that participation in exercise and physical fitness activities carries inherent risks, including but not limited to the risk of physical injury, aggravation of a pre-existing condition, or in rare cases, death. Because the Services are delivered remotely and without in-person supervision, you are solely responsible for exercising proper form, using appropriate equipment, exercising in a safe environment, and stopping any activity that causes pain or discomfort. You voluntarily assume all risks associated with your participation in the Services. 2.4 Release of Liability. To the fullest extent permitted by Iowa law, you release, waive, and discharge ColeTrain Fitness, its owners, coaches, employees, and contractors from any and all liability, claims, demands, or causes of action arising out of or related to any injury, loss, or damage that may occur as a result of your participation in the Services, except to the extent caused by our gross negligence or willful misconduct. 3. ELIGIBILITY You must be at least 18 years old to create an account and use the Services. If you are between 13 and 17 years old, you may only use the Services with the involvement, supervision, and consent of a parent or legal guardian, who must agree to these Terms on your behalf. 4. ACCOUNTS You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Accounts on this platform are created by ColeTrain Fitness or its coaches, not through open self-registration. You agree to provide accurate information when your account is created and to keep it up to date. 5. MEMBERSHIPS, BILLING, AND PAYMENTS 5.1 Recurring Billing. Memberships are billed on a recurring basis (monthly or as otherwise specified at signup) until cancelled. By purchasing a membership, you authorize us to charge your designated payment method automatically each billing cycle. 5.2 Fee Passthrough. If disclosed to you at checkout, a card processing fee may be added to the listed price of a membership tier or product. 5.3 Failed Payments. If a payment fails, we may retry the charge and may suspend or restrict access to the Services until payment is successfully processed. 5.4 Cancellation. You may cancel your membership at any time through your account. Cancellation stops future billing but does not entitle you to a refund of amounts already charged, except as described in our Refund Policy. 5.5 One-Time Purchases and Session Packs. On-demand products and prepaid session packs are billed as one-time charges at the time of purchase. 6. REFUNDS Refunds, if any, are governed by our separate Refund Policy, which is incorporated into these Terms by reference and is presented to you at checkout. 7. APPOINTMENTS AND SESSIONS Scheduled sessions are subject to the cancellation and rescheduling terms communicated by your coach. Prepaid session credits are deducted at the time a session is marked completed by your coach. 8. CLIENT CONDUCT You agree to use the Services only for their intended purpose and not to: (a) share your account access with anyone else; (b) use the Services in any unlawful manner; (c) harass, abuse, or threaten any coach or other user; or (d) attempt to interfere with the security or proper functioning of the platform. 9. INTELLECTUAL PROPERTY All workout programs, written content, videos, and materials provided to you through the Services are the property of ColeTrain Fitness and are licensed to you for your personal, non-commercial use only. You may not copy, distribute, or resell any content provided through the Services without our prior written consent. 10. COMMUNICATIONS By creating an account, you consent to receive communications from us related to the Services, including appointment reminders, billing notices, and coaching messages, through the platform and by email. You may adjust certain notification preferences within your account settings. 11. DISCLAIMER OF WARRANTIES THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY PARTICULAR FITNESS RESULT WILL BE ACHIEVED. 12. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY IOWA LAW, IN NO EVENT SHALL COLETRAIN FITNESS, ITS OWNERS, COACHES, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM. 13. INDEMNIFICATION You agree to indemnify and hold harmless ColeTrain Fitness, its owners, coaches, employees, and contractors from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your violation of these Terms, or your violation of any rights of a third party. 14. TERMINATION We reserve the right to suspend or terminate your account at any time, with or without cause, including for violation of these Terms. You may terminate your account at any time by cancelling your membership and requesting account closure. 15. CHANGES TO THESE TERMS We may update these Terms from time to time. When we do, we will post the updated version and update the "Last Updated" date above. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms. 16. GOVERNING LAW; DISPUTE RESOLUTION These Terms are governed by the laws of the State of Iowa, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Iowa, and you consent to personal jurisdiction in those courts. 17. SEVERABILITY If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. 18. ENTIRE AGREEMENT These Terms, together with our Refund Policy and any other policies referenced herein, constitute the entire agreement between you and ColeTrain Fitness regarding the Services. 19. CONTACT Questions about these Terms can be directed to: train@coletrainone.com