Bach Performance Coaching Terms & Conditions of Service
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Bach Performance may revise and update these Terms at any time. Your continued use of the Services will mean you accept the revised Terms.
These Terms were last updated on September 20 2023
- IMPORTANT DISCLAIMER. THE INFORMATION PROVIDED THROUGH THIS SITE ASSOCIATED GROUPS OR SENT TO YOU BY BACH PERFORMANCE IS INTENDED TO ASSIST YOU IN YOUR FITNESS EFFORTS. ALL INFORMATION IS OF A GENERAL NATURE AND IS FURNISHED FOR EDUCATIONAL PURPOSES ONLY. YOU AGREE AND ACKNOWLEDGE THAT BACH PERFORMANCE IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL. THE INFORMATION PROVIDED THROUGH THIS SITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELLING, OR THE PROFESSIONAL ADVICE OF YOUR PERSONAL PHYSICIAN. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAM IS RIGHT FOR YOUR NEEDS. DO NOT START A FITNESS OR NUTRITION PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT. PLEASE NOTE THAT THE COACHES, TRAINERS, AFFILIATES OR EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY THE COACHES, TRAINERS, AFFILIATES OR EMPLOYEES SHOULD BE CONSTRUED AS SUCH. ALTHOUGH BACH PERFORMANCE AND THE SITE’S TRAINERS, AFFILIATES AND EMPLOYEES MAKES AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, BACH PERFORMANCE DISCLAIMS ANY IMPLIED GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY A BACH PERFORMANCE TRAINER OR THE SITE. FOR EXAMPLE, HEALTH, DIET & FITNESS ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION PROVIDED THROUGH THIS SITE WILL REFLECT THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. THE SITE IS NOT INTENDED FOR USE BY MINORS OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FITNESS OR NUTRITION EFFORT OR PROGRAM.
- 30 Day Money-Back Guarantee. If you don’t see any results in 30 days, we will give you your money back. The conditions are that you log everything on the app, including meal plans, workouts and complete your weekly check-ins fully, and attend the coaching calls.
- Renewal. Following the end of your initial program term, your program will be changed to a monthly recurring subscription, and will be AUTOMATICALLY RENEWED. Unless we terminate it, you must give a minimum 30 days notice to cancel your subscription by notifying us by email at firstname.lastname@example.org (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription in 30 days. Cancellations of less than 30 days will not be accepted and any billing periods within that 30 days remain active and are due upon renewal and are non refundable.Return/Refund Policy. Given the nature of online coaching and the ability of users to copy and distribute content without our knowledge we do not process Refunds (aside from through the 30 day money back guarantee conditions). Due to the extensive upfront cost associated to create and distribute content, maintain services and availability to the client’s workout portal and iPhone/Android apps, the client is contractually obligated to submit payment for the contract term without refunds and may cancel at any time after the initial commitment time based on contracted term at sign up with a minimum 30 days notice for future contract periods. EU Clients “Exception to the right of cancellation: You cannot cancel your order for the supply of digital content if the delivery has started upon your request and acknowledgment that you thereby lose your cancellation right.”
- Monthly Subscription following initial program. If agreed upon with your strategy coach, following your initial term, you will be automatically set up on the monthly renewal program payment term. The 30-day notice cancellation clause also comes into effect here.
- Delivery Method and Timing. We offer online nutrition and training packages that do not require physical delivery. Upon completion of proper signup procedures and any required payment processing we will make every effort to ensure that you have immediate access to the online software and appropriate nutrition/training package.
- Indemnity. All users herein agree to insure and hold Bach Performance 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 user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Bach Performance 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.
- Content. The content submitted or made available to Bach Performance including transformation photos, videos, testimonials and any inclusion on the publicly accessible areas ofBach Performance sites, the license is provided to permit the use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting Bach Performance This license shall remain the property of Bach Performance unless explicit written instructions as to such is received to Bach Performance.
- Third Party Applications. Bach Performance utilizes a third party application to distribute nutrition and training programs. While we try to ensure a seamless encounter as possible we are unable to guarantee the operation of the third party application and Bach Performance will not be liable for blackouts, brownouts or unavailability of the application which is beyond its control.
- Conduct. We reserve the right to terminate your Member status if you misuse the Site or violate these Terms including, without limitation, the following rules of conduct:
You may not:
- Upload, post, transmit to other Members by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including another Member, Trainer, or other employees of Bach Performance, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
- Upload, post, email, transmit to other Members by any means, or otherwise, make available any content or materials that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Upload, post, email, transmit to other Members by any means, or otherwise make available any content or materials that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, transmit to other Member by any means, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, transmit to other Members by any means, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Attempt to interfere with or disrupt our servers or networks;
- Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
- “Stalk” or otherwise harass another; k. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including user names or passwords; or access or attempt to access another user’s account without his or her consent; and/or
- Post, disseminate, transmit or otherwise distribute your personal data or plan data on any website or through other digital, electronic or printed forums.
- Copyright or Intellectual Property Infringement Claims Notice & Procedures. Bach Performance will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Bach Performance may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. Legal action may be taken if any Copyright or Intellectual Property is found to be distributed without the explicit consent of Bach Performance.
- Age Limitations.Use of the site is limited to individuals 18 years of age or older. Your use of the site affirms that you are at least 18 years of age. By accepting this agreement, you are affirming that you are 18 years of age or older and have the legal ability to enter into the terms, conditions, representations, and warranties in the Terms of Service. Bach Performance will not be held liable, so far as the law permits, in any way for use of this site by persons under the age of 18
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