Terms & Conditions
Welcome to Dmandatory, my website, and services. You agree to comply with these Terms and Conditions. Please read them carefully before using my website.
Acceptance of Terms
By accessing or using our website, you agree to be bound by these Terms and Conditions, which constitute a legally binding agreement between you and Dmandatory. If you do not agree to these Terms and Conditions, you may not use my website.
Description of Service
Dmandatory is an online platform that offers sports clothing and programs. To use my website and/or receive our services, you must be at least 13 years of age, or the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
User Conduct
You agree to use my website only for lawful purposes and in a way that does not infringe on the rights of, restrict, or inhibit anyone else’s use and enjoyment of the website.
Intellectual Property
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related to it, are the exclusive property of Dmandatory. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof.
Disclaimer of Warranties
When I receive a valid warranty claim for a product purchased from me, I will either repair the relevant defect or replace the product. If I'm unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to me. I'll pay for the shipment of repaired or replaced products to the customer and the customer will be responsible for the return shipment of the product to me.
Limitation of Liability
To the maximum extent permitted by applicable law, Dmandatory assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of my service; and any unauthorized access to or use of my secure server and any personal information stored therein.
Indemnification
You agree to indemnify, defend, and hold harmless Dmandatory and its officers, directors, employees, agents, and affiliates from and against any claims, damages, liabilities, costs, and expenses arising out of or related to your use of my website or services.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed by the laws of the United States. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts located in the United States.
Changes to Terms and Conditions
Dmandatory reserves the right to modify these Terms and Conditions at any time without prior notice. Your continued use of our website and services after any such changes constitutes your acceptance of the new Terms and Conditions.
If you have any questions or concerns about these Terms and Conditions, please contact us at darrengilbert@dmandatory.com.
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Terms and Conditions for Online Personal Training & Nutritional Coaching
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These Terms and Conditions (hereinafter referred to as the "Agreement") govern the relationship between Dmandatory (hereinafter referred to as the "Provider") and the individual (hereinafter referred to as the "Client") seeking online personal training and nutritional coaching services. By engaging in these services, the Client agrees to adhere to the terms outlined herein.
Services Provided
The Provider offers personalized training programs and nutritional coaching tailored to the Client's individual needs and goals. The specific services may include, but are not limited to:
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Custom workout plans
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Nutritional guidance and meal planning
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Regular progress assessments
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Ongoing support and motivation
Client Responsibilities
To maximize the effectiveness of the training and coaching services, the Client agrees to:
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Provide accurate and complete health and fitness information prior to the commencement of services.
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Follow the prescribed training and nutritional guidelines provided by the Provider.
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Communicate openly with the Provider regarding any concerns, challenges, or changes in health status.
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Attend scheduled sessions punctually or provide notice of cancellation in accordance with the cancellation policy outlined below.
Payment Terms
The Client agrees to remit payment for services rendered according to the pricing structure provided at the time of enrollment. Payments shall be made via the agreed-upon method and are due prior to the commencement of services. The Provider reserves the right to suspend services until payment is received in full.
Cancellation Policy
The Client may cancel or reschedule a session with at least 24 hours' notice. Failure to provide such notice will result in the Client being charged for the missed session. The Provider reserves the right to cancel or reschedule sessions with appropriate notice to the Client.
Liability Waiver
The Client acknowledges that participation in physical training and nutritional programs involves inherent risks. By accepting these terms, the Client agrees to waive any liability against the Provider for injuries or damages sustained as a result of participation in the services. The Client is encouraged to consult a physician prior to beginning any exercise or nutrition program.
Confidentiality
The Provider shall maintain the confidentiality of all information shared by the Client, except where disclosure is required by law or necessary for the provision of services. The Client's personal information shall not be shared with third parties without express consent.
Termination of Services
The Provider reserves the right to terminate this Agreement at any time if the Client fails to comply with the responsibilities outlined herein or if the Client engages in conduct deemed inappropriate or harmful. In such cases, no refunds will be issued for any payments made.
Amendments
The Provider reserves the right to amend these Terms and Conditions at any time. Clients will be notified of any changes and continued use of services shall constitute acceptance of the revised terms.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Michigan, without regard to its conflict of law principles. Any disputes arising from this Agreement shall be resolved in the appropriate courts of Michigan.
​By engaging in the services provided by Dmandatory, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions. This Agreement serves to protect both the Client and the Provider, fostering a beneficial and respectful working relationship.
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