TERMS & CONDITIONS – Online Coaching Agreement

1. Scope of Coaching Services

1.1

The Coach provides online fitness coaching and related educational services, which may include training programming, habit guidance, progress review, technique feedback, and general nutrition guidance (for example, macro guidance and adjustments), depending on the selected plan.

1.2

The Coaching Services are delivered digitally and remotely, primarily through the Everfit coaching platform and coaching communication through WhatsApp and/or email. The Coach does not provide services through social media direct messages (e.g., Instagram DMs) unless explicitly agreed in writing.

1.3

The Coaching Services are not medical treatment and do not constitute medical, clinical, therapeutic, physiotherapy, dietetic, or mental health services. The Coach does not diagnose, treat, cure, or prevent any disease.

1.4

The Coach may update internal methods, templates, or workflows over time, provided the core scope of the Coaching Services for the Client’s plan is not materially reduced.

2. Coaching Plans and Included Benefits

2.1

The Coach currently offers three coaching plans. Plan descriptions are intended to clarify scope and do not create obligations beyond what is explicitly stated in these Terms.

2.2 Essential Plan

The Essential plan provides a structured training plan (delivered via Everfit or an alternative method approved by the Coach), access to the coaching environment during an active subscription, and a monthly check-in review. Plan adjustments may be provided when reasonably required based on available information. Coaching calls are not included.

2.3 8-Week Challenge

The 8-Week Challenge includes an eight-week minimum commitment, structured coaching support, weekly check-ins (typically via a form), habit guidance, and three coaching calls (commonly at the start, mid-point, and end of the eight-week period). Technique reviews are included up to the applicable weekly cap described in Section 3.

2.4 Premium Plan

The Premium plan is a limited-capacity, higher-support plan that includes the Challenge-level coaching scope plus one coaching call every two weeks, higher-frequency support within the limits described in these Terms, and technique reviews up to the applicable weekly cap described in Section 3. Premium availability may be limited to a small number of clients at any time due to service capacity.

2.5 Access duration

Access to Everfit programming, coaching resources, and support exists only while the subscription is active and in good standing. Access may be suspended or terminated upon cancellation, chargeback, non-payment, or termination under these Terms.

3. Service Standards, Response Times, and Fair Use Limits

3.1 Response time windows

The Coach aims to respond within the following timeframes during business days (Monday through Friday, excluding public holidays applicable to the Coach’s location), and the Client acknowledges that weekends and public holidays may have slower responses or no responses:

• Essential: within 48 business hours
• 8-Week Challenge: within 48 business hours
• Premium: within 24 business hours

These timeframes are targets for normal service operation and do not constitute a guaranteed service-level agreement (SLA).

3.2 No 24/7 availability

The Client acknowledges that the Coach is not available 24/7 and that coaching support is delivered within reasonable professional boundaries.

3.3 Technique review caps

To keep support consistent and fair across clients:

• 8-Week Challenge: technique reviews are capped at two (2) videos per week unless otherwise agreed in writing.
• Premium: technique reviews are capped at four (4) videos per week unless otherwise agreed in writing.
• Essential: technique reviews are not included as a guaranteed feature unless explicitly stated by the Coach in writing.

3.4 Fair use and misuse

Excessive messaging, repeated duplicate requests, hostile communication, or behavior that materially disrupts service may result in limits being placed on communication channels, response frequency, or support format. This is intended to ensure a safe and professional coaching environment. The Coach will, where reasonable, warn the Client before imposing restrictions unless immediate restriction is necessary for safety or integrity of service.

4. Client Onboarding and Responsibilities

4.1

The Client must complete onboarding steps and provide accurate, complete, and truthful information, including relevant health conditions, injuries, limitations, training history, and lifestyle constraints. The Coach is entitled to rely on the information provided by the Client.

4.2

The Client is responsible for using professional judgment and caution while training. The Client must stop any activity that causes pain, dizziness, faintness, or concern and must seek appropriate medical guidance where needed.

4.3

The Client remains fully responsible for the safe execution of exercises, use of equipment, training environment (home, gym, travel), and adherence decisions. The Coach is not present to supervise execution and cannot control the Client’s environment, equipment, warm-up, recovery, sleep, stress, or nutrition outside of coaching guidance.

4.4

If the Client fails to provide information, fails to check in, fails to follow onboarding steps, or fails to communicate constraints, the Coach’s ability to personalize and optimize the service is reduced, and the Client is not entitled to refunds, extensions, or additional services to compensate for the Client’s lack of participation.

5. Minimum Commitment Period (8 Weeks)

5.1 Minimum term applies to all plans

All coaching plans require a minimum commitment of eight (8) consecutive weeks starting from the date the first payment is successfully processed via Stripe. The Client acknowledges that meaningful progress and sustainable habit formation typically require consistency over time and that early-stage momentum is a critical part of coaching.

5.2 No early cancellation during the minimum term

The Client may not cancel during the initial eight-week commitment period. Any attempt to cancel, stop payment, or otherwise disrupt billing during the minimum term constitutes a breach of these Terms.

5.3 Minimum term continues across plan changes

Upgrades or downgrades do not remove, reset, shorten, or waive the eight-week minimum commitment. The minimum commitment continues uninterrupted from the original start date.

6. Billing, Payments, Currency, and Taxes

6.1 Billing processor

Payments are processed exclusively through Stripe unless the Coach explicitly confirms an alternative method in writing.

6.2 Weekly recurring subscription

Coaching is billed as a weekly recurring subscription unless explicitly stated otherwise at checkout. By completing payment, the Client authorizes Stripe to charge the selected payment method on a recurring basis until cancellation becomes effective under these Terms.

6.3 Currency and conversion

The Coach’s primary business currency is EUR. If Stripe displays another currency (for example, AUD or USD) at checkout due to location or payment method, the Client acknowledges that Stripe and/or the Client’s bank may apply exchange rates and conversion fees. Any conversion fees or bank fees are the Client’s responsibility.

6.4 Taxes

Prices are offered to consumers (B2C). Any taxes, VAT, or similar charges will be handled as displayed at checkout where applicable.

6.5 Failed payments and access restriction

If a payment fails, Stripe may retry charges automatically. The Coach may suspend access to Everfit, calls, and support until payment is successfully processed. Continued non-payment may result in termination under Section 14.

6.6 No manual billing intervention

The Coach is not obligated to pause, override, or manually restructure Stripe billing schedules beyond what is described in these Terms.

7. Cancellation After the Minimum Term (14-Day Notice)

7.1

After the initial eight-week minimum commitment is completed, the Client may cancel the subscription by providing fourteen (14) days’ notice.

7.2

Cancellation must be made via the Stripe customer portal or the cancellation method provided at checkout. A cancellation request sent by message alone does not guarantee cancellation unless confirmed by the Coach in writing.

7.3

Cancellation becomes effective after the notice period ends, and access continues until the end of the paid period as applicable. Retroactive cancellations are not permitted.

8. Freeze (“Pause”) Policy

8.1

The Client may request a freeze of coaching for up to two (2) weeks per calendar year.

8.2

Freeze requests require at least fourteen (14) days’ advance notice and are subject to confirmation. The Coach may decline a freeze request if it is not operationally feasible.

8.3

During an approved freeze, billing and coaching services are paused, and the subscription will resume automatically after the freeze period ends.

8.4

Freeze time does not reduce the minimum commitment and does not replace any part of the eight-week term.

9. Coaching Calls: Scheduling, Rescheduling, and No-Shows

9.1

Calls are included only in plans that explicitly include calls. Call scheduling is subject to the Coach’s availability and reasonable time-zone coordination.

9.2

The Client may reschedule a call by giving at least twenty-four (24) hours’ notice.

9.3

If the Client arrives late, the call will still end at the originally scheduled end time.

9.4

Missed calls and no-shows are forfeited and will not be refunded or automatically rescheduled.

9.5

The Client is entitled to one (1) courtesy reschedule per eight-week block. Additional exceptions are solely at the Coach’s discretion.

10. Plan Changes: Upgrades and Downgrades

10.1

The Client may request an upgrade or downgrade, subject to availability and the Coach’s confirmation.

10.2

Unless otherwise agreed in writing, upgrades and downgrades take effect at the next billing cycle.

10.3

Plan changes do not create refunds for already-billed weeks and do not alter the minimum commitment as stated in Section 5.

11. No Refund Policy

11.1

The Coach maintains a strict no-refund policy for amounts already billed. This applies regardless of circumstance, including but not limited to dissatisfaction with results, missed check-ins, missed calls, inconsistent adherence, changes in personal schedule, travel, motivation fluctuations, non-use of Everfit, or technical issues outside the Coach’s control.

11.2

The Client acknowledges that coaching is a service delivered over time and that the Coach reserves time, capacity, and planning resources upon enrollment.

12. Health, Safety, and Medical Disclaimer

12.1

The Client acknowledges that the Coach is not a doctor, physiotherapist, dietitian, or mental health professional. The Coaching Services are educational and fitness-oriented only.

12.2

The Client is solely responsible for obtaining medical clearance where needed and for determining whether participation is safe. The Client must disclose relevant conditions and should consult a qualified healthcare professional before making changes to exercise or nutrition.

12.3

The Client voluntarily assumes all risks related to training, exercise, nutrition adjustments, and habit changes, including injury risk, and agrees that the Coach is not liable for injuries or adverse outcomes resulting from improper execution, unsafe environments, equipment misuse, or ignoring instructions.

12.4

The Coaching Services do not provide emergency support. If the Client believes they have a medical emergency, they must contact local emergency services immediately.

13. Results Disclaimer, No Guarantee, and Limitation of Claims

13.1

The Coach does not guarantee any specific outcome, including fat loss, muscle gain, performance improvement, or transformation. Results vary and depend on the Client’s consistency, effort, communication, recovery, nutrition, stress, lifestyle, and factors outside the Coach’s control.

13.2

The Client acknowledges that even with full adherence, progress may take longer than expected, and plateaus or slower periods can occur.

13.3

The Client agrees not to pursue claims against the Coach solely due to dissatisfaction with results or timelines, provided the Coach has delivered the Coaching Services in line with the plan scope and these Terms.

14. Limitation of Liability

14.1

To the fullest extent permitted by law, the Coach is not liable for indirect, incidental, special, consequential, or punitive damages arising from or related to the Coaching Services.

14.2

Where liability cannot be excluded, the Coach’s total liability is limited to the amount paid by the Client in the four (4) weeks immediately preceding the event giving rise to the claim.

14.3

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

15. Intellectual Property and License

15.1

All coaching materials, including plans, programs, check-in structures, templates, written content, audio/video content, communication, frameworks, and resources, are the exclusive intellectual property of the Coach.

15.2

The Client is granted a limited, non-exclusive, non-transferable license to use materials for personal use during an active subscription.

15.3

The Client may not copy, distribute, share, publish, resell, sublicense, or otherwise exploit any coaching materials without the Coach’s prior written permission. Breach may result in immediate termination and legal action.

16. Confidentiality and Public Sharing

16.1

The Coach will treat the Client’s personal and health-related information as confidential subject to Section 20 (Privacy and Data Processing).

16.2

The Client agrees not to publicly post, publish, or share private coaching communications in a misleading or out-of-context way. Reasonable personal sharing is permitted; however, the Client must not disclose confidential business methods or materials, or falsely represent the Coach’s statements.

17. Client Conduct, Non-Disparagement, and Reputation Protection

17.1

The Client must communicate respectfully. Harassment, abusive language, hate speech, threats, sexual harassment, or inappropriate content is prohibited.

17.2

If the Client is dissatisfied, the Client agrees to contact the Coach first at contact@alexschwarze.com to attempt a good-faith resolution before posting public accusations or initiating payment disputes.

17.3

Nothing in this section restricts the Client from leaving honest, non-defamatory reviews or exercising legal rights. This clause exists to reduce misunderstandings and protect both parties from avoidable conflict.

18. Termination and Suspension

18.1

The Coach may suspend or terminate access immediately if the Client: (a) fails to pay, (b) violates these Terms, (c) engages in abusive conduct, (d) commits fraud or attempts to misuse payment systems, or (e) infringes the Coach’s intellectual property.

18.2

If termination occurs due to the Client’s breach, no refunds apply and access may be removed immediately.

18.3

The Coach may also terminate services if capacity constraints or safety concerns arise, in which case the Coach will act reasonably and communicate next steps. Where refunds are legally required, they will be provided only to the minimum extent required by law.

19. Chargebacks and Payment Disputes

19.1

The Client agrees to contact the Coach first to resolve billing issues. Many issues can be corrected quickly by support communication.

19.2

If the Client initiates a chargeback or payment dispute through Stripe or a bank, the Coach may immediately suspend access to Everfit and all Coaching Services until the dispute is resolved.

19.3

The Coach may submit evidence to Stripe or the payment provider to contest chargebacks, including proof of acceptance of these Terms, onboarding records, communication logs, and service delivery records.

19.4

Where legally permissible, the Client may be responsible for reasonable administrative costs and fees incurred due to improper or fraudulent chargebacks.

20. Recording Calls and AI-Assisted Notes

20.1

Coaching calls may be recorded for coaching quality assurance, clarity, and note-taking.

20.2

The Client will be informed at the start of a call. If the Client does not consent to recording, the Coach may proceed without recording or provide written notes instead.

20.3

AI tools may be used to generate notes and/or summaries from recorded calls or coaching interactions to improve clarity and efficiency.

21. Testimonials, Progress Photos, and Marketing (Opt-In)

21.1

The Coach may request testimonials, progress photos, videos, and/or screenshots (“Client Content”) for marketing and promotional purposes.

21.2

The Client’s permission will be collected via explicit opt-in (for example, onboarding form checkboxes or written confirmation). The Client may revoke consent at any time for future use, and the Coach will respect such requests going forward.

22. Privacy and Data Processing (Integrated Privacy Disclosure)

22.1

The Coach collects and processes personal data to deliver the Coaching Services, manage billing, and provide support. This may include contact data (name, email), coaching data (goals, check-ins, habits, messages), and health-related information provided by the Client.

22.2

Payment information is processed by Stripe. The Coach does not store full payment card details.

22.3

Coaching delivery and related data may be processed or stored by third-party providers, including:

• Everfit (coaching delivery and tracking),
• Stripe (billing and payment processing),
• WhatsApp and email providers (communication), and
• note-taking tools (including AI-based summarization).

22.4

The Coach uses reasonable measures to protect Client data but cannot guarantee absolute security of third-party systems.

22.5

The Client may request access, correction, or deletion of data by contacting contact@alexschwarze.com, subject to legal retention requirements.

22.6

Privacy policy link to be added later: [PRIVACY POLICY URL PLACEHOLDER]. Until a standalone privacy policy page is published, this section serves as the Coach’s privacy disclosure.

23. Third-Party Services Disclaimer

23.1

The Client acknowledges that Everfit, Stripe, WhatsApp, and any other third-party tools are independent services governed by their own terms and privacy policies.

23.2

The Coach is not responsible for downtime, outages, account limitations, policy changes, delivery failures, or security issues originating from third-party services outside the Coach’s control.

24. Force Majeure

24.1

The Coach will not be liable for delays, interruptions, or failures to perform caused by events beyond the Coach’s reasonable control, including but not limited to platform outages, internet failures, illness, injury, travel disruptions, natural disasters, governmental actions, or other force majeure events. In such cases, the Coach will act reasonably to resume service as soon as practicable.

25. Updates to These Terms

25.1

The Coach may update these Terms from time to time.

25.2

Updated Terms apply automatically to new clients from the effective date.

25.3

For existing clients, material changes will be communicated, and acceptance will be requested where legally required. Minor operational changes (for example, process clarifications) may take effect upon notice.

26. Age Requirement

26.1

The Coaching Services are available only to Clients who are 18 years or older.

27. No Partnership or Employment Relationship

27.1

Nothing in these Terms creates a partnership, employment relationship, agency, or joint venture between the Coach and the Client. The Client has no authority to bind the Coach in any manner.

28. Assignment and Account Sharing

28.1

The Client may not assign, transfer, resell, or share their subscription, Everfit access, or coaching materials with any other person. Any attempt to do so is a breach and may result in termination.

29. Severability

29.1

If any provision of these Terms is found unenforceable or invalid, the remaining provisions remain enforceable to the fullest extent permitted by law.

30. Language and Interpretation

30.1

These Terms are drafted in English. If the Coach provides translations for convenience, the English version controls unless mandatory law requires otherwise.

31. Entire Agreement

31.1

These Terms constitute the entire agreement between the Coach and the Client regarding the Coaching Services and supersede prior discussions, statements, or understandings, whether written or oral.