Terms of Service (“Terms”)

Last updated: September 10, 2014

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.FadiMalouf.com or www.BodyByFadi.com websites (the “Service”) operated by BodyByFadi,LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Coaching or Mentoring

The services to be provided is personal fitness training and life coaching.  Life coaching, which is not advice, therapy, or counseling, may address specific personal goals and projects, business issues or general conditions in the client’s life and/or profession. The client acknowledges and assumes the risk and full release from liability for the personal fitness training, see liability waiver below.

Retaining Fadi Malouf for coaching services outside special online FitPro Mentoring Program shall be $125 per 45 minutes with a minimum retainer of 10 hours. Client will be invoiced for any additional services, which will be due upon receipt.  This monthly retainer will be used for personal fitness training, nutrition consulting and services, chef consulting, personal and professional coaching.

Payment for the first month of coaching is due prior to the first coaching session of each month. Payment for the month must be received before coaching services will be rendered during that month.  A few terms on billing and usage: Any outside expense are covered by client. All appointments & services expire the end of each month unless of medical reason. All appointment, programs & services are not transferable or refundable. The client can pay for coaching services via check or PayPal.  Monthly payments are due by the 25th of each month. All payments should be made payable to BodyByFadi, LLC. BodyByFadi, LLC shall provide at least thirty (30) days written notice to client prior to raising the coaching fee set forth here.

Following the initial three-month coaching period, this agreement shall continue on a month-to-month basis for as long as both parties desire. The client has the opportunity to renew for the year after the first month for a 30% savings.  Either party may terminate the coaching services at any time upon thirty (30) days prior written notice. Upon termination of this agreement, the coach and the client agree to devote the final coaching session to completing the coaching relationship.

All information disclosed by the client during the course of coaching calls with the coach is and shall remain confidential and will be held as such by the coach.  However, the client gives permission for the coach to disclose name and contact information to the International Coach Federation when and if needed to assist the coach in obtaining or maintaining credentials. The client further understands that candor during the coaching process will greatly enhance the coaching relationship and the results achieved.

The client understands that it will be their responsibility to initiate all scheduled coaching calls by calling the coach at (private number will be provided for client) or another number as directed by the coach.  If the client or the coach needs to reschedule a coaching call, each agrees to give the other at least 24 hours’ notice.  Naturally, emergencies come up, and both coach and client agree to take that into consideration.  It is the client’s responsibility to stay in communication with the coach once a week. However, if the client does not give the coach at least 24 hours prior notice or does not call within ten (10) minutes of the time of any scheduled coaching call, then absent a true emergency, the client will forfeit that call, and it will not be rescheduled.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Billing Policy & Usage

*All Services are availably only by pre-payment.
*All competition and travel expense are covered by client.
*All appointments & services expire the end of each month unless of medical reason.
*All packages or programs expire the end of each month unless of medical reason.
*All appointment, programs & services are not transferable or refundable.
*Traveling Personal Training Lesson are in a 3 miles radius.
*Monthly memberships are due by the 25th. 10% late fee applies daily.
*Conversations outside appointments are subject for charge at rate of $125 for 45 minutes.
*15-Day cancelation notice is required via email to scott.black@bodybyfadi.com. Termination fees apply.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Fadi Malouf or BodyByFadi,LLC.

Fadi Malouf  & BodyByFadi,LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Fadi Malouf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Liability Waiver Release/Photo-Video Release

Client acknowledges and assumes the risk and full release from liability of BodybyFadi, LLC, or it’s employees, contractors, officers, or owner/s. Client acknowledges that physical activities involves the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heart prostration, knee/lower back/foot injuries and any other illness, soreness, or injury however caused, occurring during or after participant participation in the physical activities.  Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a   member, slip and fall by member, or an unknown health problem of member. Client agrees to assume all risk and responsibility involved with participation in the physical activities, member affirms that member is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities.  Client acknowledges participation will be physically and mentally challenging, and member agrees that it is the responsibility of member to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability of participant to take part in   activities by signing at the bottom of this page, client asserts that he or she is capable of participating in the physical activities. Client agrees to assume all risk and responsibility for not exceeding his or her physical limits. Client understands photos or video may be taken during the course of my involvement in, which may be used for promotional purposes.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

With permission from TermsFeed

Contact Us

If you have any questions about these Terms, please contact us.