“Company”, “We”, “I”, “Our”, or “Us” means Lauren Abernathy, Good Spray Climbing LLC and Caitlin Holmes, Caitlin Holmes Nutrition LLC.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“You” “User” or “Your” means the purchaser and person using the Program.
By participating in the Program, you understand that Lauren Abernathy is a NASM Certified personal trainer and that Caitlin Holmes is a Certified Nutrition Specialist. We are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals beyond the aforementioned qualifications. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.
This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.
4. Assumption of the Risk:
YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the Program.
By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Program.
5. Intellectual Property Ownership:
The Program and its content, including, but not limited to, the content of the Program Manual and Training Log, exercises, videos and drills as shown in the Program are intellectual property owned by Lauren Abernathy, Good Spray Climbing LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
6. No Sharing:
7. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
8. DISCLAIMER – No Warrantees, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.
9. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Good Spray Climbing LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Good Spray Climbing LLC from any and all claims.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Good Spray Climbing LLC as stated in this section herein.
10. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the nature of the Program, refunds will not be issued for the Program once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Lauren Abernathy at firstname.lastname@example.org.
The coaching calls included in the program must be scheduled within 6 months of the purchase date. Failure to schedule calls or attend calls within this time frame will note result in refund.
No shows to coaching calls will not be refunded.
If you need to reschedule a coaching call, you must give 48 hours notice to the respective coach via email – Caitlin Holmes at email@example.com or Lauren Abernathy at firstname.lastname@example.org.
It is your responsibility to ensure your coaching calls are scheduled before they expire. Coaching calls can be scheduled by reaching out to Caitlin and email@example.com or Lauren at firstname.lastname@example.org.
11. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Lauren Abernathy at email@example.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Lauren Abernathy, Good Spray Climbing LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of Draper, Utah.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Utah. The only award that can be issued to you is a refund of any payment made to Good Spray Climbing LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
In the event of a dispute between the Client and Coach, Client agrees not to engage in any conduct or communications, public or private, designed to disparage the Program, Good Spray Climbing or Lauren Abernathy. Where requested by law or arbitration, of course, Client is not prohibited from sharing their thoughts and opinions as part of the legal process. By signing the Agreement, we are both acknowledging that we have read, understand, agree to and accept all of the terms of this Agreement. Your Program will not begin until this signed document has been received and payment (or deposit) has been made.
13. Limitation of Liability:
Lauren Abernathy, Good Spray Climbing LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
14. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS
- General Payment Terms:
When you pay for the Program by credit card, you authorize and give permission to Good Spray Climbing LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal via WooCommerce (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Good Spray Climbing LLC is not responsible for the merchant’s independent policies or practices.
- Payment Plan Terms / Failed Payment Procedures:
If you have chosen to pay via Payment Plan, this will be conducted via PayPal.
By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.
16. Entire Agreement
17. Choice of Law + Venue
Last Updated: 2/20/22