Terms & Conditions

Last Updated on February 17th, 2025

Welcome


These Terms and Conditions govern your use of this website and any purchase of services or digital products from Apex Fitness LLC. By using this website, you agree to these Terms.

Company Information
Apex Fitness LLC
Business Address: 2802 Lambert Court Casper, WY 82609
Email: [email protected]

Who We Are and What We Provide
We provide remote, online fitness and nutrition coaching services. We may also sell digital products, templates, training programs, guides, and educational materials.

Eligibility
You must be at least 18 years old to purchase services or products. If you are under 18, a parent or legal guardian must purchase and supervise your use.

Not Medical Advice
All content and services are educational. They are not medical advice. They are not diagnosis or treatment. You are responsible for your health decisions. Consult a licensed healthcare professional before starting any exercise or nutrition program.

Assumption of Risk
Exercise and lifestyle change carry risk. Risks include soreness, strains, sprains, falls, worsening of prior injuries, fainting, and in rare cases serious injury or death. You accept these risks when you use our content or services.

No Guarantees
Results vary. We do not guarantee fat loss, muscle gain, pain relief, performance outcomes, or specific body composition changes.

Purchases, Payments, and Billing
When you buy a service or product, you agree to pay the listed price, taxes if applicable, and any payment processor fees charged to you. If you choose a payment plan, you authorize recurring charges. A payment plan is a billing convenience. It is not a month to month service unless we state otherwise in writing. You remain responsible for the full program fee for the full term.

No Refunds
All sales are final unless we state otherwise in writing. We do not offer refunds once access is granted to a digital product, platform, portal, or coaching materials. If you have a verified medical event that prevents participation, we may offer a temporary pause or a nontransferable credit at our sole discretion. We may request documentation from a licensed healthcare professional. Any credit expires 12 months from issuance.

Chargebacks and Disputed Charges
You agree to contact us in writing before initiating a chargeback and allow 14 days for good faith resolution. If you initiate a chargeback, we may suspend access to services and materials immediately. You remain responsible for all amounts due under any agreement you signed. You agree to reimburse us for chargeback amounts, payment processor fees, bank fees, administrative time, and reasonable collection costs to the extent permitted by law.

Delivery of Digital Products and Services
Digital products are delivered electronically. Delivery occurs when access is granted or a download link is provided. Coaching services are delivered remotely through our chosen platform and communication tools. Service delivery occurs when any of the following happen: access is granted, onboarding is issued or reviewed, programming or targets are provided, check ins are reviewed and we respond, or a scheduled call occurs or we attend and you do not attend.

Remote Coaching and Communication
Remote coaching is not supervised in person. You are responsible for safe equipment use, safe loads, and safe environments.
We do not provide emergency services. If you have an emergency, call local emergency services. Typical response times may vary. We may not respond on weekends, holidays, or during time away. We are not responsible for delays caused by platform outages, device issues, or internet issues.

Intellectual Property
All website content, training plans, documents, videos, templates, and branding are owned by Apex Fitness LLC or licensed to us. You receive a limited, personal, nonexclusive, nontransferable license to use purchased materials. You may not copy, record, reproduce, distribute, resell, publish, or share our materials without written permission.

User Content and Testimonials
If you submit reviews, comments, photos, videos, or testimonials, you represent they are accurate and you have the right to share them. You grant us permission to use submitted testimonials in marketing, without compensation, unless you revoke permission in writing. We will not share your health details publicly without your written permission. For photos or video use, we may request a separate release.

Website Use Rules
You agree not to:
Use the website for unlawful activity. Attempt to access restricted areas. Introduce malware or harmful code. Harass, threaten, or abuse others. Impersonate another person. Scrape or copy content at scale.

Links to Third Parties
We may link to third party sites. We do not control them. We are not responsible for third party content, policies, or services.

Disclaimer of Warranties
The website and content are provided “as is” and “as available.” We make no warranties, express or implied, including fitness for a particular purpose, accuracy, or uninterrupted access.

Limitation of Liability
To the fullest extent permitted by law, Apex Fitness LLC is not liable for any indirect, incidental, special, consequential, or punitive damages. To the fullest extent permitted by law, our total liability for any claim related to the website, content, products, or services will not exceed the amount you paid to us in the three months before the event giving rise to the claim.

Indemnification
You agree to defend, indemnify, and hold harmless Apex Fitness LLC and its owners, contractors, and agents from claims, damages, liabilities, costs, and expenses arising from your use of the website, your breach of these Terms, or your violation of law.

Governing Law and Venue
These Terms are governed by the laws of the State of Wyoming. Any dispute will be brought in state or federal courts located in Wyoming, unless we choose another venue allowed by law.

Changes to These Terms
We may update these Terms at any time. Changes apply when posted. Your continued use of the website means you accept the updated Terms.

Contact
Questions about these Terms can be sent to:
Email: [email protected]
Mailing Address: 2802 Lambert Court Casper, WY 82609