Terms and Conditions
These Terms and Conditions apply to all online services provided by Emma Mattison, under the auspices of MYZENIVERSE, LLC DBA EMMA MATTISON FITNESS (the “Company”), to any individual, regardless of age, fitness level, or health status, who wishes to participate in any online program, course, or related service (collectively referred to as the “Services”). These Services are provided solely for informational purposes and are not a replacement for any form of professional mental health care, medical advice, or personalized physical training. All services and communication, email or otherwise, delivered by the Company, as well as information on this website (www.emmamattisonfitness.com), are designed for adults. Anyone under the age of 18 should obtain parental or guardian consent before purchasing a program.
By purchasing the Services, you agree to the terms stipulated in this agreement, demonstrating that you have read, understood, and wish to proceed under these conditions.
HEALTH WARNINGS AND LIABILITY DISCLAIMER
THE SERVICES PROVIDED BY THE COMPANY ARE FOR INFORMATIONAL PURPOSES ONLY. THEY ARE NOT INTENDED TO BE A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE OR PERSONALIZED TRAINING.
BEFORE BEGINNING ANY PROGRAM, YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER AND OBTAIN MEDICAL CLEARANCE FOR EXERCISE. NOTHING STATED HEREIN IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR MEDICAL ADVICE.
You should consult your physician or other health care practitioner before starting this or any exercise program or fitness activity. Nothing stated herein is intended to be, and must not be taken to be, the practice of medicine or medical advice. The programs are not a substitute for professional mental health care or medical care.
You are responsible and assume all risk for use of the content and utilizing the programs. You should not utilize the programs where you have any physical, medical, or health condition that may limit your ability to utilize the programs.
Utilizing the programs involves risk of personal injury, and you expressly assume all risks of harm. If at any time while you are performing any activity you feel discomfort or pain, you should stop immediately and contact a doctor.
Media Release Clause:
If you openly tag any of Emma Mattison's or the Company's social accounts with a progress photo or review of the program(s), this act serves as a media release. If media and progress are shared privately with Emma Mattison, they will remain confidential unless express permission is given.
Insurance:
Coaching/training is generally not covered by health insurance. You are encouraged to check with your state and insurance provider to see if any incentives or support may be offered for training, based on a medical necessity or other reasons.
14-DAY GUARANTEE:
If within 14 days of purchase, you find the program too easy or too challenging, Emma Mattison will unenroll you from the current program and enroll you in a more suitable one. Unenrollment removes access to videos and resources of the current program. If still unsatisfied, a full refund will be given with no further access to any programs or videos, only if still within the window of 14 days of purchase. No refunds will be given after the time period defined by 14 days after the date of purchase. Personal training with Emma Mattison or a different direction of training may be recommended if no other pre-made program is found suitable within the 14 day window.
Waiver:
You release the Company and Emma Mattison from every claim, suit, or right to compensation for damages you may have. Examples of waived claims may include, but are not limited to, personal injury, property damage, or other legal liability.
Data Security
You understand that the use of technology is not always secure and you accept the risks of confidentiality in the use of email, text, phone, and any other technology.
Session Fees
Current subscription fees are set forth on the Company’s site. The Company reserves the right to change these from time to time.
Payment Terms
Fees can be paid online by Stripe, PayPal, or any other payment method expressly agreed upon by the Company depending on the product or service. Receipts and/or invoices are available, and where receipts are requested by the client, they will be sent by e-mail.
Right to Refuse Service
We reserve the right to, in our sole discretion, temporarily suspend or deactivate your account, or to permanently close your account. We also reserve the right to refuse service to anyone, for any reason, and at any time.
Governing Law
This contract is governed by the law of Arizona whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract. You agree that, even if you access the Services from outside the United States, you are submitting to the jurisdiction of the United States. You agree that all disputes hereunder shall be resolved in the applicable state or federal courts of Arizona. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
Confidentiality:
Personal information supplied by clients will be treated as confidential unless tagged in a public social media post, as described in the Media Release Clause. Please review the Company’s Privacy Policy for additional information regarding how the Company maintains the confidentiality of the information you provide.
NOTWITHSTANDING ANY OTHER PROVISION:
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT EMMA MATTISON AND EMMA MATTISON'S ONLINE TRAINING PROGRAMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF EMMA MATTISON OR EMMA MATTISON'S ONLINE TRAINING PROGRAMS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF EMMA MATTISON AND EMMA MATTISON'S ONLINE TRAINING PROGRAMS FOR ANY CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEE PAID BY YOU FOR THE PRIOR 6 MONTHS.