Please read these terms of use carefully.
These Terms of Use cover important information about Services provided by AllisonEthier, AllisonEthier.com, the training platform, and any applicable fees. In particular, they include information about future changes to the Terms of Use and Platform, the purchase and renewal of subscriptions to Lifestyle Coaching, Start Fit Kit, 1:1 Coaching, Training Programs, Usage Rights, and Limitations of Liability.
Terms and Conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the AllisonEthier.com website and its affiliates (“AllisonEthier.com” “Website” or “Service” or “Training Platform” or “App” and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”).
By accessing and using the Website, Training Platform, and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity.
If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services.
You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Accounts and Membership
You must be at least 18 years of age to use the Website, Training Platform and Services. By using the Website, Training Platform, and Services and agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.
Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.
If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing, Subscription, Memberships, and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Billing is under a subscription or full payment format based on the coaching package or program purchased.
If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected.
If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
We reserve the right to change, modify, and adjust, products, product descriptions/services, coaching packages, subscription timelines, and product pricing at any time.
Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts. If you choose to change your subscription, you can cancel, your current subscription and re-register for an upgrade/downgrade in service. If you are not a current subscriber, your account will be inactive, and you will no longer have access to the platform, which includes but is not limited to any individually designed programs, nutrition, or bespoke training or coaching.
You understand that if you are active on AllisonEthier.com and its Products or Services, you have an active reoccurring subscription to those Services. Each coaching package and product will come with its own terms & conditions, based on that coaching package, and registration for that package is an agreement to its terms and conditions.
AllisonEthier.com reserves the right to revise and update the applicable fees for subscriptions, and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
We may provide a free trial subscription for a fixed period of time, as determined by AllisonEthier.com in its sole discretion. Unless otherwise stated by AllisonEthier.com in respect of specific promotions, free trials are only available to new AllisonEthier.com users, and AllisonEthier.com reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address.
Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged the applicable subscription fees.
After the trial, if you would like to continue your subscription, you must register for a subscription to keep your account active. If you choose not to renew your account will be inactive and you will no longer have access to products, services, or coaching.
We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You can pay the fees for your subscription on AllisonEthier.com website or AllisonEthier.com either through a credit card, etransfer (where applicable), cash (where appropriate), Stripe, and/or PayPal.
When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your account.
AllisonEthier.com reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.
In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions that take place abroad or in a foreign currency. You are responsible for paying any such fees.
Your subscription will automatically renew on a 4-week cycle based on your registration date. There are some billing cycles that happen on weekends. If payment is rendered without proper notice, refunds will not be offered. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for. Due to the type of individualized coaching, please give 14 days’ notice of cancellation. Some coaching packages will automatically cancel, and no notice needs to be given.
Accuracy of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to pricing, promotions, and offers.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
Links to Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein.
Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, the Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources.
We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties.
You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
Prohibited Uses
In addition to other terms, as set forth in the Agreement, you are prohibited from using the Website and Services or Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third-party products and services, or the Internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose; or
(j) to interfere with or circumvent the security features of the Website and Services, third-party products and services, or the Internet.
We reserve the right to terminate your use of AllisonEthier.com and Services for violating any of the prohibited uses.
Intellectual property rights “Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics, and logos used in connection with AllisonEthier.com and Services are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics, and logos used in connection with AllisonEthier.com and Services may be the trademarks of other third parties.
Your use of AllisonEthier.com and Services grants you no right or license to reproduce or otherwise use any of the Operator or third-party trademarks. Disclaimer of warranty You agree that such Service is provided on an “as is” and “as available” basis and that your use of the AllisonEthier.com and Services is solely at your own risk.
You are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from AllisonEthier.com
We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service.
No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failure of its essential purpose.
Indemnification
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Quebec, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada.
The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Quebec, Canada, and you hereby submit to the personal jurisdiction of such courts.
You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and Amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website.
When we do, we will post a notification on the main page of the Website.
Continued use of the Website and Services after any such changes shall constitute your consent to such changes. Acceptance of these terms You acknowledge that you have read this Agreement and agree to all its terms and conditions.
By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
Contacting us If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form
Acknowledgement of Purchase
You, the “Client”, hereby acknowledge and agree to participate voluntarily in a program of physical exercises, including but not limited to, strength training, flexibility development, aerobic exercise, and/or nutritional guidance is otherwise known as ‘Training Program’ under the guidance of Allison Ethier ‘Trainer’ & AllisonEthier.com, to be carried out at the gym or workout space of choice as decided by You the ‘Client’.
Acknowledgement of Health
You declare yourself physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in training sessions or the use of fitness equipment.
You acknowledge that you have been informed of the need for a physician’s approval for your participation in an exercise/fitness activity or in the use of fitness equipment.
You recognize it is your sole responsibility to obtain an examination by a physician prior to involvement in any exercise program.
You acknowledge you have either had a physical examination and have been given my physician’s permission to participate, or if you have chosen not to obtain a physician’s permission prior to beginning this exercise program with AllisonEthier.com, you acknowledge you are doing so at your own risk.
Assumption of Risk
You recognize that exercise carries some risk to the musculoskeletal system (sprains, strains) and the cardiorespiratory system (dizziness, discomfort in breathing, heart attack, or death), and/or death.
You recognize that accidents/injuries/death may occur resulting from the use of the equipment, including any slips or falls or equipment malfunctions. You hereby certify that you know of no medical problem, limitation, or issue, that would otherwise, increase your risk of illness and injury or inhibit you from participating in a regular exercise program.
The Training program in and of itself can be dangerous, exposing participants to many risks and hazards, some of which are inherent in the very nature of the activity of itself, other which results from human error and negligence on the part of the persons involved in the preparation of organization, and staging of the Training Program sessions, classes, and other activities.
You are voluntarily participating in the Training Program and using equipment with knowledge of the dangers involved. You understand and take sole responsibility for any and all injuries and/or changes that may occur to yourself, and/or others’s including but not limited to Allison Ethier, AllisonEthier.com, and her associates, related to any and all Training programs associated with Allison Ethier’s instruction, even if not specifically set forth in this document whether or not they fall within the scope of reasonably foreseeable injuries related to such Training Program and whether or not undertaken in the Allison Ethier’s presence.
You acknowledge and are aware of the aforementioned risks and hazards. You as a participant may suffer a serious personal injury, even death, as well as property loss. That some of the aforesaid risks and hazards are foreseeable but others are not. Although Allison Ethier, AllisonEthier.com and associates will take precautions necessary to ensure your safety, such as the selection of appropriate exercises based on your current level of experience, you expressly assume and accept sole responsibility for my safety and for any and all Injuries and/or changes that may occur.
Waiver and Release of Liability
In consideration of Allison Ethier’s agreement to instruct, train, and guide through video instruction, you hereby agree to hold harmless Allison Ethier, AllisonEthier.com and its respective representatives, executors, agents, and assigns from any and all claims, demands, damages, right of action or causes of action, present or future, arising out of or connected to my participation in any and all Training Program, use of equipment or any and all actions or omission including negligence by Allison Ethier and her representatives.
This waiver and release of liability includes all of the above-mentioned risks, as well as but is not limited to, the following;
(a) Injuries and changes to myself and or others including but not limited to Trainer, that may occur as a result of
(i) death or personal injury resulting from the negligence of AllisonEthier.com or its Associated Parties
(ii) equipment that may malfunction or break;
(iiI) any and all defects, latent or apparent in the design or condition of equipment;
(iii) any and all slips fall or dropping of equipment;
(iv) any and all improper maintenance of equipment or facilities;
(v) any hazardous condition that may exist on the premises, including but not limited to, the specific workout area, and;
(vi) Trainer’s negligent instruction or supervision;
(b) damage to property, including but not limited to equipment and the premises.
General
A “Force Majeure Event” means any event beyond AllisonEthier.com’s reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction, or worldwide pandemic.
If a Force Majeure Event occurs that affects AllisonEthier.com’s ability to perform its obligations under these Terms of Use, the AllisonEthier.com team will contact you as soon as reasonably possible to notify you and AllisonEthier.com’s obligations under these Terms of Use will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.
AllisonEthier.com may transfer its rights and obligations under these Terms of Use to another entity, but this will not affect your rights or AllisonEthier.com obligations under these Terms of Use. You may not transfer your rights and obligations under these Terms of Use to another person.
Any digital products (e.g. ebooks, training videos) that are available on the Platform are intended solely for direct use to end consumers, and therefore the purchase of such digital products for resale (i.e. purchase with the intention of reselling the products to other consumers, business or third parties) is strictly prohibited.
AllisonEthier.com reserves the right to take any action to prevent the resale or copying of digital products, training programs, and nutrition programs, including restricting sales to you and cancelling any orders made by you. Once a digital product is purchased there are no refunds.
Conclusion
You acknowledge and agree no warranties or representations have been made to me regarding the results you will achieve from this program.
We will not be held responsible in any way for any of the information that you request or receive through or on our website, blog, emails, programs, services, and or products.
In no event, will we be liable to any party for any direct indirect, special, incidental, equitable, or consequential damages for any use of or reliance on this website or blog, emails, programs, services, and or products, including without limitation, any lost profits, personal or business interruptions, personal injuries, accidents, miss application of information or any loss, malady, disease or difficulty, or otherwise, even if we have expressly advised of the possibility of such damages or difficulties.
You understand the results are individual and may vary.
We make every effort to ensure that we accurately represent these products and services and their potential for results.
There is no guarantee that you will experience the same result and you accept the risk that the muscle building results, fitness results, competition results, and weight loss/fat loss results differ by individual, and by timeline.
We make no guarantees concerning the level of success you may experience, and you accept the risks that results will differ for each individual.
The testimonials, examples, and photos used our actual clients and the results they have personally achieved.
Each client has approved these testimonials, examples, and photos for the use in materials to speak to our coaching, program, service, and/or product capabilities, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these clients’ stories represent what is possible with our programs, services, and/or products.
Each individual‘s health, fitness, and nutrition success depends on his or her background, dedication, desire, and motivation.
As with any health-related program or service, your results may vary, and it will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.
There is no assurance that examples of past fitness, competition, muscle building, and/or fat burning results can be duplicated in the future.
We cannot guarantee your future results and/or success. Nor can we guarantee that you will maintain the results you experience if you do not continue following the program. We are not responsible for your personal choices, lifestyle habits, and/or actions.
You acknowledge You have thoroughly read this waiver and release and fully understand it is a waiver and release of liability.
By signing this document, You are waiving any rights or my heirs and /or assigns, may have to bring any and all legal actions or assert any and all claims against AllisonEthier, and AllisonEthier.com, its respective representations, executors, and/or assigns.
You represent and warrant You are signing this agreement freely and willfully and not under fraud or duress.
“Le presente est redigee en Anglais à las demande expresse des parties”
“The present document is written in English at the expressed request of the parties”
This document was last updated on May 05, 2022
