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CREDIT CARD ON FILE: You (herein referred to as “Client”) may elect to keep a credit card on file for account purchases. By placing a card on file, the cardholder and account holder gives permission to Roxy Vivien Coaching (herein referred to as “Company”) to charge the card for any auto-debit of coaching memberships or purchases of packages or services requested by Client.
AUTO-DEBIT: By enrolling in an auto-debit contract, you (Client) authorize Company to, on a recurring basis, automatically charge the debit or credit card account you specified for the monthly payments on your unlimited auto-debit plan associated with your (Client’s) account on the billing due date. Client understands and acknowledges that (1) Company will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on Client’s Purchase Receipt or Agreement. Company may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) Squarespace Scheduling (formerly Acuity) booking system allows for booking calls through the week regardless of the billing date of Client’s contract; (3) if a call or session is booked past the subsequent billing date, and Client’s debit/credit card fails to bill properly, that you will be removed from any booked session or class past the subsequent billing date and notified via electronic mail; (4) if Client is removed from a booked session or call due to the circumstances as described, it may not be possible to place you (Client) back into the scheduled time for which you were originally booked; (5) it is the Client’s responsibility to keep a current card on file with accurate billing information. Company cannot be held responsible for errors in processing due to expired or inaccurate information.
PAID IN FULLS: If Client purchases a subscription for coaching or another installment-billed service and agrees to pay for more than one month or installment in advance with a single payment at the start of the membership or service, paying the full amount may be less expensive but may involve financial risk for you. Read this notice carefully before making a decision. You should be aware that if Company closes, Roxy Vivien Coaching will remain legally liable to clients for a refund. However, Client may risk losing their money if Company is unable to meet its financial obligations to its clients.
PACKAGES & OTHER EXPIRING SERVICES: By purchasing a package from Roxy Vivien Coaching, you (Client) fully agree to the Terms and Conditions (see below). Private Training packages cannot be shared between Clients. All Clients enrolled in auto-debits for coaching subscriptions are required to keep a current credit card on file.
Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen, including packages of sessions purchased with a member discount. Coaching packages sold for a specific duration (i.e., 12-week or 24-week coaching programs) activate the date of purchase and cannot be paused or extended without a medical reason submitted for approval.
Per session packages with an expiration date will activate on the first session booked, even if you cancel late or no-show your first session. The expiration date or package duration will not be adjusted or extended due to Client’s lack of use or participation, including late cancellations and/or no-shows. The expiration date set on an expiring package is the date on which the package may no longer be used. Clients purchasing expiring sessions or coaching packages do so with the understanding of these terms and agree to be bound by such.
CANCELLATION POLICY FOR SUBSCRIPTIONS/MEMBERSHIPS: If you (Client) purchase a subscription Coaching Program, Membership, or Online Course from Company that is auto-renewing, Client may cancel the renewal of the coaching program or membership at any time before the next billing, and by doing so will terminate their subscription, including any special discounted rates Client previously received. This cancellation notice can be done online via the Client’s account page in Squarespace Scheduling (formerly Acuity), accessible via the link sent in the subscription reminder emails. Client may also send a cancelation notice of non-renewal by electronic mail to Company at email: coaching@roxyvivien.com. Please note refunds for partial months, partial weeks, or the duration of the coaching package will not be given to Client at the time of cancellation. Canceling a subscription does not issue a refund; it will only terminate the membership and end future auto-renewals.
Client understands that Company’s Coaching Programs, Courses, or other Services cannot be extended, transferred, refunded, or frozen without a medical reason that deems Client unable to participate in the majority of activities detailed in the Client’s Customized Program or Online Course, which will be verified by an official doctor’s note sent by electronic mail to Company at: coaching@roxyvivien.com.
REFUND POLICY FOR COACHING PROGRAMS OR COURSES: Roxy Vivien Coaching (Company) offers a refund period for purchases of Online Coaching Programs and Online Courses (not digital downloads) in the first 21-days from when the Program or Course enrollment/purchase was made ONLY if certain conditions (see below) are met. Please note this offer does not apply to in-person training programs or packages.
21-DAY REFUND CONDITIONS: Within the first 21 days from the original Agreement Effective Date, you can request a refund if you have:
1) Client has NOT tried Company’s services prior to the purchase requesting a refund of.
2) Client has participated in and completed the following: a) the first on-boarding/coaching call of the program (applies to both 1-on-1 or group calls) and; b) a minimum of one (1) week of online programming (i.e., first week of online workouts or first module lessons in the course).
All refunds are discretionary as determined by Company. Roxy Vivien Coaching reserves the right to deny your refund request for the following reasons: a) Not participating in the enrolled coaching program for a minimum of seven (7) days; b) requesting a refund after 21 days; c) failure to complete the first module of an enrolled (paid) coursed); d) taking advantage of services or downloadable content included as a special offer or bonus in the package/purchase; or e) enrollment with intent to steal course materials for professional use; f) not stating any reason for the refund request.
In the event that the Client participated in the Program or Course and decides it is not a fit for you, within the first 21 days of enrollment (purchase), Client may contact the Company’s support team at coaching@roxyvivien.com and request a refund. The refund request must be received by the 21st day of enrollment/purchase at 11:59 PST.
Twenty-One days after your initial enrollment/purchase, all payments for the service/coaching are non-refundable, and you are responsible for full payment of the coaching/program/course regardless if you use the coaching, support, content, and resources or not.
If you have any questions about the refund policy please let us know by contacting Company’s support team at: coaching@roxyvivien.com.
RESCHEDULING POLICY: To reschedule a support call or any other type of online coaching call provided by Roxy Vivien Coaching (herein referred to as Company), you must complete the cancellation online at least 16 hours before a session begins, or your payment (or complimentary session) will be forfeited. Please cancel using the online scheduling software ONLY. Cancellation requests via chat, text, email, or DM’s will not be honored unless there is a technical issue with the scheduling software beyond your control.
Coaching calls not canceled in the cancellation window will be debited from the weekly allotment. Once payment is made for booking a coaching call in addition to or not included in a monthly coaching membership, fees are non-refundable, but session fees can be applied to an appointment at a later date for appointments rescheduled in the early cancellation window. If the session is canceled less than 16 hours before the scheduled start time of your session or call, no refunds are available.
OFFICE EMAIL, SMS, AND CHAT POLICIES: Company business hours are between 10am and 5pm Monday through Friday (Los Angeles, PST/PDT). Client support emails (coaching@roxyvivien.com) are checked a minimum of once per day.
In the TrueCoach mobile/desktop app comments, chat messages, and video uploads of exercises are also checked once per day Monday through Friday.
Please allow up to 24-48 business hours to receive an email, chat message, or workout comment response. Please note, this does not include Client comments on individual exercises. Coaches/Staff only get notifications for comments on workouts and TrueCoach chat messages.
Please allow up to 2-4 business days for video feedback on uploaded videos within your workout.
While Company appreciates all social media comments and engagement, messages, questions, and comments pertaining to Client coaching, membership, billing, tech issues, portal content, logins or access to software, or True Coach or class programming cannot be answered via social media. Client agrees to message Company directly via the office email for all administrative questions or concerns.
CONFIDENTIALITY: Roxy Vivien Coaching (Company) respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client, including but not limited to; names, email addresses, third-party company titles or positions, phone numbers, or addresses. Additionally, Roxy Vivien Coaching’s founder, coaches, instructors, and representatives (herein referred to as “Coaching Team”) will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product, you agree that if you violate or display any likelihood of violating this session, the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such to protect against the harm of such violations.
DISCLAIMER: Roxy Vivien Coaching (Company) Coaching Team are not doctors, physical therapists, chiropractors, registered dieticians, or therapists, or psychotherapists. Client understands that Company’s Coaching Team has not promised, shall not be obligated to and will not; (1) get Client to a specific body weight or body composition goal in a specific time frame (2) perform any medical diagnosis or give any medical advice (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) cure any medical issue (5) be available for text, direct messages, social media comments outside of the coaching group, or other means of communication not outlined in the program’s services. Client understands that the communication between The Coaching Team and Client as outlined in the program is limited to coaching sessions, support calls, online support via the coaching group, and email, allowing a 24-36 hour window of time for the Coaching Team to reply to any communication. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their professional relationship, a separate agreement will be entered into.
NO TRANSFER OF INTELLECTUAL PROPERTY: Company’s program is copyrighted, and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of the Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
CLIENT RESPONSIBILITY: Company’s Program/ Services are developed strictly for fitness and wellness educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program/Service. Company makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any physical and behavioral change; endeavor, there are a wide variety of progress results, and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information are intended for a general audience and do not purport to be, nor should they be construed as specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
Client is responsible for keeping their member portal access information, personal Zoom login, TrueCoach login, Acuity Login, and other applicable software login safe and easily accessible so that they can participate in the program.
Company is not responsible for third-party tech issues or login issues that arise during the participation in the Program. Client understands that tech issues may arise from time to time, and Company will do its best within a reasonable time to address these issues for the Client. Client assumes responsibility for their computer or mobile device being up-to-date and having up-to-date software installed and having access to internet service and connection allowing or participation in Program.
SEVERABILITY/WAIVER: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY: This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) Client participation in any activity performed with our instructions and programming, including, but not limited to any live or pre-recorded class, online program, personal training or instruction; (b) the sudden and unforeseen malfunctioning of any equipment in your home; (c) our instruction, training, supervision or dietary recommendations.
Client agrees they will use Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting from or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
ASSIGNMENT: Client may not assign this Agreement without the express written consent of Company.
MODIFICATION: Company may modify the terms of this agreement at any time. All modifications shall be posted on the Company’s website, the portal, or in the Coaching Group Forum, and/or purchasers shall be notified via email.
TERMINATION: Roxy Vivien Coaching (Company) is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, you, (Client) agree that Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount of the Program or, if on a month-to-month contract, will not be refunded for the last payment before termination.
INDEMNIFICATION: Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Company’s Programs, the undersigned, my heirs, executors, administrators, successors, and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
AGREEMENT & DUTY TO READ: You (Client) accept the terms of this agreement and acknowledge that by purchasing coaching or services from Roxy Vivien Coaching (Company) under this agreement, you (Client) have a duty to read the terms of participation policies and terms of purchase policies and have done so. Furthermore, you (Client) understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein.