terms of service
Swisters Personal Training LLC d/b/a ShayFit
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. This Terms of Service Agreement ("Agreement" or "Terms") is a legal agreement between you and Whisters Personal Training LLC (hereinafter "ShayFit"), a company duly organized and validly existing, located at 407 S Cecita Way, Saint George, Utah 84770. This Agreement annuls and voids all previous agreements.
Overview
The Site is operated by ShayFit. Throughout the Site, the terms "we", "us" and "our" refer to ShayFit. ShayFit offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Section 1 – Acceptance of Terms and Agreement to All Conditions
By accessing or using the ShayFit website, mobile application (the "App"), or any related services (collectively, the "Services"), you expressly agree to be bound by this entire Agreement, including all sections herein. If you do not agree to each and every provision of this Agreement, you must immediately discontinue use of the Services.
Your continued use of the Site, App, or any ShayFit Service following notice of any changes to these Terms constitutes your binding acceptance of those changes. This Agreement supersedes all prior agreements between you and ShayFit.
Section 2 – Website and Mobile Application Coverage
These Terms of Service expressly apply to and govern your use of:
* The ShayFit website and all subdomains and pages thereof (shayfit.com);
* The ShayFit mobile application ("App") available on iOS, Android, or any other platform;
* All digital content, programs, workout plans, nutrition guides, coaching services, and materials accessible through the website or App;
* All subscription-based features, in-app purchases, and premium content;
* Any current or future ShayFit digital products, services, or features;
* All communications, newsletters, and promotional content sent via email, SMS, or through the App.
ShayFit reserves the right to modify, update, suspend, or discontinue the App or website (or any portion thereof) at any time without prior notice. ShayFit shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
Section 3 – General Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
* Restrict, suspend or terminate your access to all or any part of our Site;
* Change, suspend or discontinue all or any part of our products or Site;
* Refuse, move, or remove any content that is available on all or any part of our Site;
* Deactivate or delete your accounts;
* Establish general practices and limits concerning use of our Site.
Section 4 – Creating an Account
Once you create an account with us, you are registered on the ShayFit Site and App. It is your responsibility to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. ShayFit is not responsible for third-party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.
Section 5 – Conduct
As a user or member of the Site, you acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated.
Section 6 – Refund Policy
ALL SALES ARE FINAL. Due to the digital nature of ShayFit’s products and services, the following refund policy applies:
* No refunds will be issued within 48 hours before or after any billing date, subscription renewal date, or purchase date.
* Once a billing cycle has been initiated and/or digital content has been accessed or downloaded, no refunds will be granted.
* Subscription fees, program purchases, App access fees, and any other digital product purchases are non-refundable.
* If you believe a charge was made in error, you must contact ShayFit at [shayfitgym@gmail.com](mailto:shayfitgym@gmail.com) within 48 hours of the transaction. Disputes submitted outside this window will not be considered.
* Chargebacks initiated without first contacting ShayFit will result in immediate termination of your account and may be disputed by ShayFit.
By completing a purchase, you expressly acknowledge and agree to this no-refund policy.
Section 7 – Consent to Marketing and Promotional Communications
By creating an account, making a purchase, or otherwise providing your contact information to ShayFit, you expressly consent to receive marketing, promotional, and informational communications from ShayFit, which may include:
* Promotional emails regarding new programs, products, sales, and ShayFit updates;
* SMS and text message marketing to the phone number associated with your account;
* Push notifications through the ShayFit App (where enabled);
* Newsletters, fitness tips, and lifestyle content from ShayFit;
* Partner and affiliate promotional offers that ShayFit may share from time to time.
You acknowledge that these communications are a condition of using the ShayFit Services. You may opt out of email marketing at any time by clicking the unsubscribe link at the bottom of any marketing email. To opt out of SMS messages, reply STOP to any text message. Standard message and data rates may apply for SMS communications. Opting out of marketing communications does not terminate your account or affect your access to the Services.
Section 8 – Fitness Disclaimer and Health & Safety Liability Waiver
IMPORTANT – PLEASE READ CAREFULLY BEFORE USING THE SHAYFIT SERVICES.
8.1 Assumption of Risk
ShayFit’s programs, workout plans, nutritional guidance, and fitness content are for general informational and educational purposes only. Physical exercise and dietary changes carry inherent risks, including but not limited to personal injury, physical strain, aggravation of pre-existing conditions, and in extreme cases, serious injury or death. By using the ShayFit Services, you voluntarily and knowingly assume full responsibility for all risks, injuries, or damages, known and unknown, which might occur as a result of participation in any ShayFit program or use of any ShayFit content.
8.2 Medical Clearance
YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN OR QUALIFIED HEALTHCARE PROVIDER BEFORE BEGINNING ANY EXERCISE PROGRAM OR MAKING CHANGES TO YOUR DIET OR NUTRITION. ShayFit does not provide medical advice, diagnosis, or treatment. Nothing contained on the Site or App constitutes medical advice. If you experience any pain, discomfort, dizziness, shortness of breath, or other adverse symptoms during exercise, stop immediately and seek medical attention.
8.3 Results Disclaimer
ShayFit makes no guarantees or warranties regarding fitness results, weight loss, body composition changes, performance improvements, or any other outcome. Individual results vary significantly and depend on numerous factors outside of ShayFit’s control, including but not limited to individual effort, adherence to programs, genetics, medical history, and lifestyle factors. Any testimonials or before-and-after results displayed by ShayFit are not typical and are not a guarantee that you will achieve similar results.
8.4 Release of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND AGREE TO HOLD HARMLESS SHAYFIT, WHISTERS PERSONAL TRAINING LLC, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO ANY INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR LOSS THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SHAYFIT SERVICES, WEBSITE, OR APP.
Section 9 – General Disclaimer of Liability and Indemnification
To the maximum extent permitted by applicable law, ShayFit and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
ShayFit shall not be liable for any punitive, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages, resulting from:
* The use or the inability to use our Service;
* The cost of procurement of substitute goods and services;
* Unauthorized access to or the alteration of your transmissions and/or data;
* Statements or conduct of any such third party on our Service;
* Any other matter which may be related to our Service.
All users and/or members agree to insure and hold ShayFit, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of ShayFit Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
Section 10 – ADA and Accessibility Disclaimer
ShayFit’s website and mobile application are provided on an "as is" and "as available" basis. While ShayFit endeavors to provide a positive user experience for all users, ShayFit does not warrant or represent that the Site or App fully complies with the Americans with Disabilities Act ("ADA"), the Web Content Accessibility Guidelines ("WCAG"), or any other federal, state, or local accessibility laws or standards.
TO THE FULLEST EXTENT PERMITTED BY LAW, SHAYFIT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATED TO CLAIMS OF NON-COMPLIANCE WITH THE ADA, SECTION 508 OF THE REHABILITATION ACT, OR ANY OTHER APPLICABLE ACCESSIBILITY LAW OR REGULATION WITH RESPECT TO ITS WEBSITE, APP, OR DIGITAL CONTENT. SHAYFIT SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR COSTS OF ANY KIND ARISING FROM ACCESSIBILITY-RELATED CLAIMS.
If you experience difficulty accessing any portion of our website or App, please contact us at [shayfitgym@gmail.com](mailto:shayfitgym@gmail.com) so we may assist you.
Section 11 – Proprietary Rights
You acknowledge, understand and agree that all of the ShayFit trademarks, copyright, trade name, service marks, and other ShayFit logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of ShayFit. You agree not to display and/or use in any manner the ShayFit logo or marks without obtaining ShayFit’s prior written consent.
Section 12 – Submitted Content
ShayFit shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you grant and allow for ShayFit the below listed worldwide, royalty-free and non-exclusive licenses, as applicable. Any content submitted or made available for inclusion on the publicly accessible areas of ShayFit’s Sites automatically becomes the sole property of ShayFit.
Section 13 – Warranty Disclaimers
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: THE USE OF SHAYFIT SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. SHAYFIT AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Section 14 – Termination
As a member of ShayFit, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to [shayfitgym@gmail.com].
As a member, you agree that ShayFit may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
* Any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
* By way of requests from law enforcement or any other governmental agencies;
* The discontinuance, alteration and/or material modification to our Services, or any part thereof;
* Unexpected technical or security issues and/or problems;
* Any extended periods of inactivity;
* Any engagement by you in any fraudulent or illegal activities; and/or
* The nonpayment of any associated fees that may be owed by you in connection with your account Services.
Section 15 – Choice of Law and Forum
It is the mutual agreement of both you and ShayFit with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Utah without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and ShayFit, shall be filed within the courts having jurisdiction within the County of Washington, Utah or the U.S. District Court located in said state. You and ShayFit agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Section 16 – Entire Agreement
This Agreement constitutes the entire agreement between you and ShayFit and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to ShayFit Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other ShayFit Services, affiliate Services, third-party content or third-party software.
Section 17 – Waiver and Severability of Terms
At any time, should ShayFit fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
