Last updated: October 30, 2025
By accessing or using the website and Services offered by Avery J Fitness (the “Services”), you agree to these Terms & Conditions (the “Terms”) and our Privacy Policy. If you do not agree, do not use the Services.
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. If you are 13–17, use only with parent/guardian consent and supervision where allowed.
The Services provide general fitness and wellness information and coaching. We are not medical professionals. The Services do not constitute medical advice, diagnosis, or treatment. Consult your physician before starting any exercise, nutrition, or wellness program. If you experience pain, dizziness, or other concerning symptoms, stop immediately and seek medical help.
You acknowledge that fitness activities involve inherent risks, including serious injury or death. You voluntarily assume all risks arising from your participation and use of the Services. To the fullest extent permitted by law, you release and hold harmless Avery J Fitness and its owners, employees, contractors, and agents from claims arising from your participation, except where caused by our gross negligence or willful misconduct.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly of any unauthorized use.
Pricing & taxes: Prices are shown before applicable taxes/fees. We may change prices prospectively.
Payment processing: Payments are handled by third‑party processors (e.g., Stripe/PayPal). We do not store full card numbers.
Subscriptions: If you purchase a subscription, it will auto‑renew at the end of each term unless you cancel before renewal.
Trials/discounts: Any trial or promotional pricing is subject to posted terms and may change or end at our discretion.
Refunds: No refunds will be issued after the initial payment is made. All payments are final and non-refundable once submitted.
Scheduling: Sessions are booked via our scheduling tool.
Rescheduling/Cancellations: Clients may reschedule or cancel a session with a minimum of 24 hours notice. Sessions canceled or rescheduled with fewer than 24 hours’ notice may be forfeited at the trainer’s discretion.
For digital courses/templates/programs, access is provided for personal, non‑commercial use. Sharing or reselling is prohibited unless expressly permitted.
If you submit content (testimonials, progress photos, comments), you grant us a non‑exclusive, worldwide, royalty‑free license to use, reproduce, display, and distribute such content for operating and promoting the Services. You represent that you own or have permission to share the content. Do not post unlawful, harassing, hateful, or infringing content.
The site, content, programs, logos, and trademarks are owned by us or our licensors and protected by IP laws. You receive a limited, revocable license to access and use the site for personal, non‑commercial purposes. You may not copy, modify, distribute, or create derivative works without written permission.
You agree not to: (i) misuse the Services; (ii) attempt to gain unauthorized access; (iii) interfere with security features; (iv) reverse engineer; (v) use bots/scrapers without permission; (vi) infringe the rights of others.
We integrate with third‑party tools (e.g., WP Engine/WordPress plugins, analytics, email/SMS providers, schedulers, payment processors). Your use of those services may be subject to their separate terms.
Testimonials reflect the experiences of individual clients. Results vary and depend on many factors. We do not guarantee specific outcomes.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON‑INFRINGEMENT. We do not warrant that the Services will be uninterrupted, secure, or error‑free.
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages; or for lost profits, revenues, data, or use; even if we have been advised of the possibility. Our aggregate liability arising out of or relating to the Services shall not exceed the greater of (a) the amount you paid in the three (3) months prior to the event giving rise to the claim or (b) $100.
You agree to indemnify, defend, and hold harmless Avery J Fitness from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services or violation of these Terms.
If you believe content infringes your copyright, send a notice to: [insert DMCA contact]. Include (i) your contact info; (ii) identification of the copyrighted work; (iii) the allegedly infringing material and its location; (iv) a statement of good‑faith belief; (v) a statement under penalty of perjury; and (vi) your signature.
These Terms are governed by the laws of Texas, USA, without regard to conflict of laws principles. Courts located in Rockwall, TX shall have exclusive jurisdiction, except as provided in the Arbitration section if included.
At our sole discretion, any dispute arising from these Terms may be resolved by binding arbitration on an individual basis under the rules of [insert arbitration body, e.g., AAA]. You agree to waive class actions and jury trials. Certain claims for injunctive relief may proceed in court.
We may suspend or terminate access immediately for any violation of these Terms or for suspected fraudulent/abusive activity. Upon termination, rights and licenses granted to you will cease.
We may modify or discontinue parts of the Services at any time. We may update these Terms from time to time; the “Last updated” date reflects the latest version. Substantive changes may be communicated by notice on the site or email.
Questions about these Terms: averyjnichols@gmail.com.
