ONLINE TRAINER/CLIENT AGREEMENT

​

SALES POLICY 
The purchase of products on this website is subject to the following terms and conditions. All customers are advised to review these carefully before making any purchase. 

Each PDF download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer purchased product/s to any third party or person. 

All purchases made on www.maryapicellafitness.com are non-refundable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made, please contact info@maryapicellafitness.com to discuss a resolution. 

By placing an order with Mary Apicella Fitness, you warrant that you are at least 18 years old (or have a parent’s permission to buy from us) and accept these terms & conditions, which shall apply to all orders placed. 
 

PAYMENTS 
All transactions conducted through Mary Apicella Fitness are handled by a dedicated third party to ensure your information is secure. All payment information is handled by PayPal and your credit card information is not stored by Mary Apicella Fitness. Please read the terms & conditions for PayPal, as those sites are responsible for the transactions made. 

 

RETURN POLICY 
As all of our products are digital, they are deemed “used” after purchase or download. This, unfortunately, means we have a strict no refund policy in regards to dissatisfaction with a product. You may cancel your subscription at any time, and you will continue to have access to your subscription service with Mary Apicella Fitness through the end of your Monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched Mary Apicella Fitness content. 

Please contact us at info@maryapicellafitness.com to see how we can remedy any problem you may have with this policy. 

 

BILLING CYCLE 
The membership fee for our service will be billed at the beginning of the paying portion of your membership and each Month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each Month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled.

In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Mary Apicella Fitness membership or became a paying member on January 31st, your next payment date is likely to be February 28th if paying monthly, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. 

 
CANCELLATION 
All of our memberships are auto-renewal and must be canceled by each member 48-hours prior to each billing cycle to avoid recurring charges (This is a business standard similar to Netflix, Amazon Prime, Apple & Google subscriptions). 

 
You may cancel your Mary Apicella Fitness membership at any time, and you will continue to have access to the services provided by Mary Apicella Fitness through the end of your Monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED Mary Apicella Fitness CONTENT. 

 

To cancel your membership, follow these steps: 

1- Login to your account at www.maryapicellafitness.com 

2- Click on your ACCOUNT avatar on the top right corner. 

3- Within the ACCOUNT page, click on “MY SUBSCRIPTIONS” to find the subscription(s) you’d like to cancel.  

4- Right bottom corner you will find a link “CANCEL” simply click on it. 
 

If you cancel your membership, your account will automatically close at the end of your current billing period. 

 

ADDITIONAL INFORMATION 
Mary Apicella Fitness reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice. 

 
ONLINE PERSONAL TRAINER/CLIENT AGREEMENT 

IN CONSIDERATION of the benefits of receiving personal training services by Mary Apicella Fitness (aka, “Trainer”), the adequacy and receipt of which is stipulated, Client agrees as her or his voluntary and informed decision, to the provisions in this document.   

​

ACKNOWLEDGMENTS: Client acknowledges that Mary Apicella Fitness will be providing recommendations of physical exercise with various objectives that are intended to increase strength and endurance in various types of physical activity and achieve other benefits for Client. Mary Apicella Fitness has no association with any physical activity manufacturers or suppliers. Mary Apicella Fitness cannot and does not guarantee the safety or condition of the equipment that Client may use in connection with the exercise regimen recommended by Trainer. Only Client can know when any particular exercise is causing excessive discomfort or pain, and Client agrees and acknowledges that Client has the ultimate responsibility for discontinuing or not performing any exercise that Client feels is causing injury or harm to Client. Client selects the location where she/he will perform the exercise and other activities in connection with the fitness training being provided by Mary Apicella Fitness. Mary Apicella Fitness does not require Client to be in any particular location, and it is Client’s exclusive responsibility to check the area where she/he will take part for any circumstances that could lead to injury or exposure to hazards. 

​

ASSUMPTIONOF RISK: Client specifically agrees and acknowledges that performing exercise can cause injury of various types if performed to excess or not in conformance to the suggestions or recommendations from Trainer. Client takes part in this physical exercise and training regimen at her/his own risk, fully assuming all risk of any and all injury or harm she/he may suffer in connection with the physical activity. Client is voluntarily participating in the physical exercise program with full knowledge that a virtual, on-line system has certain limitations as to the ability of Mary Apicella Fitness to observe fully all of Client’s movements, but the benefits and convenience of a virtual program are significant to Client, especially with the existing COVID 19 pandemic.  

​

Particularly for Clients who are postpartum, pregnant, or may become pregnant, or if you have any unique or special medical conditions, such as a history of knee, ankle, shoulder or spinal (back or neck) problems, Client assumes the critical duty to consult with a competent and reliable physician to understand all risks, contraindications and complications of using this virtual training program, and receive clearance and approval for taking part in this physical exercise training activity.

 

A Client who is pregnant specifically and voluntarily assumes the additional risk of injury to her unborn child by her participation in this program. Client is aware that all activity carries with it certain risks, and Client willingly and knowingly assumes all risk of all types of injury from her/his participation in this exercise training program. Client assumes the risk that she/he may not achieve her/his goals. Client assumes the risk of selecting a safe environment for her/his participation in this virtual training regimen. 

​

WAIVER AND RELEASE OF LIABILITY: Client, for herself/himself (and her/his heirs, beneficiaries, personal representatives, agents and assigns) waives, releases and fully discharges Mary Apicella Fitness (and Trainer’s heirs, beneficiaries, personal representatives, agents and assigns) from any and all claims or causes of action, known or unknown, for physical or emotional injury, harm, damage or lack of satisfaction arising out of the recommendations, suggestions or negligence of Trainer, whether active or passive. 

​

This waiver and release of liability includes, but is not limited to, any physical or emotional injuries or harm or dissatisfaction that may occur as a result of performing (properly or improperly) any exercise or from losing balance and falling or performing on a surface that is not level and that is not free of other items (whether inside or outside) that could interfere with a successful participation, or from any unintentional negligence of Trainer, or from Client’s use of items provided by Client in performing such exercise. 

​

HOLD HARMLESS AND INDEMNIFICATION: Client agrees to hold harmless Mary Apicella Fitness and to indemnify fully Trainer from any loss, liability, damage or cost Trainer may incur due to the provision of personal training to Client, including reasonable attorney fees.  

​

I, the Client, specifically agree that I deliberately intend this document (my acknowledgments, my assumption of risk, my waiver and release of liability and my hold harmless and indemnification) to be as broad and inclusive as is permitted by the law of North Carolina. I agree that if any portion of this release document is later held to be invalid, it is my personal and specific intent and agreement that the balance shall be in full legal force and effect. 

 

ACCEPTANCE: I, the Client, have taken the time to read this document, and I voluntarily sign this document with the acknowledgments, assumption of risk, waiver and release of liability, and hold harmless and indemnification with full understanding that it is a legal document for the protection of Mary Apicella Fitness. No oral representations, statements or inducements apart from the wording on this document have been made to me. I accept these provisions as my personal choice.