Bonoli Inc. Terms and Conditions Agreement

This TERMS AND CONDITIONS AGREEMENT (the “Agreement”) states the terms and conditions that are agreed upon by and between BONOLI, INC. (the “Trainer”) (pronouns “it/its”) and anyone who participates, purchases, or utilizes services from Bonoli Inc [CLIENT] (the “Client”) (pronouns “they/their”) who agree to be bound by this Agreement. 

The Trainer holds significant knowledge in the field of personal training and offers training services including, but not limited to: Strength Training, Bodyweight Training, Kettlebell Training, and Weight Loss Programming (the “Services”). By utilizing services and/or programs, free or paid, the Client is accepting the Trainer’s Services, the Client agrees to all terms, conditions, waivers of liability, releases, and policies contained in this Agreement. The provision of personal training Services by Trainer to Client, and Client’s use of any training materials, in-person or online training sessions, premises, facilities, or equipment are contingent upon the Trainer and Client entering into this Agreement.

I. Personal/Group Training & Online Program Terms and Conditions

 

A. In-Person and Online Training Sessions & Programs.

  • Training sessions that are not rescheduled or canceled twelve (12) hours in advance will result in a loss of 100% of a session.

  • Clients arriving late will receive the remaining scheduled session time, unless other arrangements have been previously made in writing with the Trainer.

  • Online training is delivered to the Client through the platforms TrueCoach, TrainHeroic or Zoom. The platform may be changed at anytime at the sole discretion of the Trainer.

  • The Client may communicate with the Trainer through the online training platform and Trainer will endeavor to reply within 72 hours.

  • Each online training session is intended to be completed during the week it is scheduled and recorded. The Client will lose access to these workouts thirty (30) days after the Client’s last payment was received by the Trainer.

  • The Client is only provided access to their online training program during time periods in which the Client is actively paying the Trainer for its Services (specifically, within 30 days of the Client’s last payment to the Trainer).

  • The Trainer’s expiration policy requires completion of all personal training sessions within 120 days from the Client’s date of purchase. Personal and/or group training sessions are void after this time period.

  • The Client is solely responsible for keeping track of their own expiration date. The Trainer will maintain its own separate records of all purchases and sessions.

  • No refunds will be issued for any reason, including but not limited to: relocation, illness, injury, business closures and changed circumstances related to the Covid-19 Pandemic, and unused sessions.

B. SheBeast Programs

  • All of the terms from section A apply to the Client in the SheBeast Programs.

  • SheBeast clients agree to the terms listed in their purchase on EmmaBonoli.com or EmmaBeFit.com.

  • If client purchases a program that includes live virtual training sessions those sessions are only valid for the current month. Fufillment of sessions after the month in which they are paid is subject to the discretion of the Trainer.

 

C. Payments.

All fees for the Trainer’s Services shall be paid to the Trainer by the Client prior to the start of training. All payments must be made via emmabefit.com, Zelle, Venmo, cash, wire transfer, or check. Payment Plans are required to be paid in full even if services are canceled by the Client prior to the end of the program.

 

D. Refund Policy.

All sales are final and no refunds will be afforded for any reason. The Client waives any right to charge back their purchase (or otherwise seek to withdraw its payment to Trainer) through their credit card processor, bank, or payment system. Subscriptions and payment plans will not be prorated or partially reimbursed if the Client cancels their training program. Refunds will not be given, in whole or in part, under any circumstances, including but not limited to: illness, injury, relocation, business closures and changed circumstances related to the Covid-19 Pandemic, and unused sessions.

 

E. Social Media and Marketing.

The Client authorizes the Trainer to utilize the Client’s name, image, and other personal identifiers (including but not limited to: photos, screenshots, videos, audio recordings, and written testimonials) for the purpose of marketing and promoting the Trainer’s Services on social media and any online platforms, including but not limited to: Facebook, Instagram, Twitter, LinkedIn, and the Trainer’s websites.

 

II. Waiver of Liability

A. Explicit Waiver of All Claims for Negligence Against Trainer and its Employees.

During the Client’s exercise program, the Trainer will use all reasonable efforts to promote the Client’s safety. However, as with any exercise program or forms of physical exertion, there are inherent risks, including but not limited to: increased heart stress and the chance of musculoskeletal injuries. By entering into this Agreement, the Client agrees to assume responsibility for all risks of injury and explicitly waives any and all claims and causes of action  (now and in the future) against the Trainer and its employees for ordinary negligence, personal injury, property damage, and/or other losses.

 

B. Client’s Disclosure of Limiting Conditions.

The Client represents and warrants that they have no limiting physical conditions, injuries, illnesses, or disabilities that would preclude an exercise program or place the Client at a high risk for injury. By entering into this Agreement, the Client acknowledges and understands that no responsibility is assumed by the Trainer and/or its employees and the Client accepts full responsibility for their own health, safety, and well-being.

 

C. Assumption of Risk.

The Client assumes the risk of their participation in any activity, class, program, instruction, or event provided by, instructed by, or otherwise related to the Trainer, its Services, and its employees. The Client agrees they are voluntarily participating in the Trainer’s Services. The Client agrees that, if they engage in any physical exercise or activity, including the Trainer’s Services, or enter the Trainer’s premises, or use any facility or equipment owned, rented, or procured by the Trainer for any purpose, the Client does so at their own risk and assumes the risk of any and all personal injuries, illness, property damage, and/or other losses they may suffer, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of the Trainer or otherwise. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided by the Trainer or otherwise, including injuries or damages arising out of the negligence of the Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. The Client’s assumption of risk includes, but is not limited to, the Client’s use of any exercise space, exercise equipment (mechanical or otherwise), sports fields, courts, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby, and/or other general areas of any facilities.

 

D. Release(s).

The Client agrees on their own behalf (and on behalf of all their personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the Trainer (and the Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action now and in the future (whether known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of: (i) the Client’s use of any exercise equipment or facilities which may malfunction or break, (ii) improper maintenance of any exercise equipment, premises or facilities, (iii) negligent instruction or supervision, including personal training Services, (iv) negligent hiring or retention of employees, and/or (v) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of any facility or premises. This release is not intended as an attempted release of claims of gross negligence or intentional acts.

 

E. Indemnification.

By entering into this Agreement, the Client hereby agrees to indemnify and hold harmless the Trainer and its employees from any loss, injury, liability, damage, or cost the Client may incur due to the Trainer’s provision of personal training Services to the Client.

 

 III. General 

 

A. Forum Selection and Choice of Law.

The Client and Trainer expressly agree that all disputes, claims, causes of action, or conflicts arising out of or in any way relating to this Agreement and/or the Trainer’s Services shall be governed by and construed in accordance with the laws of the State of New York, and New York courts shall have exclusive jurisdiction over any and all such disputes.

 

B. Construction.

The Client expressly acknowledges and agrees that the foregoing terms, conditions, releases, waivers, assumptions of risk, and indemnity provisions are intended to be as broad and inclusive as permitted by law in the State of New York.

 

C. Severability.

If any portions of this Agreement are held invalid, the remainder of this Agreement shall, notwithstanding, continue in full legal force and effect.

 

D. Scope of Trainer’s Services.

The Client acknowledges that the Trainer offers Services encompassing the entire recreational and/or fitness spectrum. The Trainer reserves the right to refer the Client to a third-party practitioner for any questions, requests or concerns which the Trainer reasonably believes to be outside of the Trainer’s scope of knowledge.

 

E. Integration.

This Agreement represents the entire agreement and understanding by and between the Trainer and Client and supersedes all prior agreements and statements, whether written or oral, between the Trainer and Client with respect to the Trainer’s Services.

 

F. Acknowledgements.

The Client acknowledges that they have carefully read this Agreement in its entirety, and fully understands and agrees to the Agreement’s contents. The Client is fully aware and agrees that, by executing this Agreement and the waivers and releases contained herein, they are giving up their right to bring a legal action or assert a claim against Trainer and/or its employees for negligence, or for any defective product, method, or instruction used in connection with the Trainer’s Services. By voluntarily signing this Agreement, the Client understands, acknowledges, and agrees to accept all terms, conditions, waivers of liability, and policies contained herein.

G. License.

Unless otherwise stated, Emma Bonoli and/or it's licensors own the intellectual property rights for all material in the program. All intellectual property rights are reserved. You may view and/or print pages from https://www.emmabefit.com, https://www.emmabonoli.com, private YouTube playlists, TrueCoach, or any other program purchased from the Trainer for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from the program or https://www.emmabefit.com, https://www.emmabonoli.com, private YouTube playlists, TrueCoach, or any other program purchased from the Trainer.

Sell, rent or sub-license material from the program or https://www.emmabefit.com, https://www.emmabonoli.com, private YouTube playlists, TrueCoach, or any other program purchased from the Trainer.

Reproduce, duplicate or copy material from the program or https://www.emmabefit.com, https://www.emmabonoli.com, private YouTube playlists, TrueCoach, or any other program purchased from the Trainer

Redistribution of content from https://www.emmabefit.com, https://www.emmabonoli.com, private YouTube playlists, TrueCoach, or any other program purchased from the Trainer is strictly prohibited. All information is for your personal use and not to be shared with anyone for any purpose. This includes and is not limited to exercise programming, exercise videos, informational videos, any and all videos of Emma Bonoli, and downloadable documents pertaining to your program and/or training.