Terms & Conditions

TERMS AND CONDITIONS

I (the client) hereby acknowledge that the following was explained to me and/or agree to the following:

Coach/Trainer/Coaching Host: Erica Hoese and any colleagues, co-workers, affiliates of Hoese Enterprises and XO-Erica Hoese.

READ CAREFULLY BEFORE CONTINUING: This is an important legal document. It explains the risks you are assuming by participation in the Coaching. It is critical that you read and understand it completely.

DISCLAIMER

-You should always consult with your Doctor before beginning any type of exercise or physical activity.

-Do NOT share passwords or any media from this website. Doing so is theft and will be treated as such including removal from program.

SALES POLICY

The purchase of products on this website are 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 the product/s they purchased to any third party or person.

All transactions are made through payment gateways such as PayPal that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.

All purchases made on www.xo-erica.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 us at erica@xo-erica.com to discuss a resolution.

By placing an order on xo-erica.com, you warrant that you are at least 18 years old (or have parents’ permission to buy from us), and accept these terms & conditions, which shall apply to all orders placed. None of these terms & conditions affect your statutory rights.

PAYMENTS

All transactions conducted through this website are handled by a dedicated third party to ensure your information is secure. Card information is not stored, and all card information is handled by WooCommerce and/or PayPal. Please read the terms & conditions for WooCommerce and/or PayPal, as they are responsible for the transactions made.

I have up to 5 days to make a payment. If I fail to make a payment, I will be removed from the group and my access will be revoked and/or my contract will be terminated.

ADDITIONAL INFORMATION

Erica Hoese reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase, and product offerings without prior notice.

RETURN POLICY

Our products that are digital, are deemed “used” after download or opening. This unfortunately means we have a strictly no refund policy in regards to dissatisfaction with product.

Please contact us at erica@xo-erica.com to see how we can remedy any problems you may have with us.

ONLINE PERSONAL TRAINER/CLIENT AGREEMENT

In consideration of my being able to participate in the a Coaching Program, I understand that I must purchase a package consisting of online nutrition and exercise guides or in-person training session(s) and must read and agree to where I assume the risks for participation, waive of liability, and personal training policies and procedures.

I hereby affirm that, to the best of my knowledge, I am in good physical condition and do not suffer from any mental or physical disability or condition that would prevent or limit my participation in the Coaching and have not withheld any related information from the Coaching Host.

I acknowledge that if my health changes, it is my responsibility to recognize the change and seek medical advice.

I understand that the program is voluntary and that my Coach will develop and guide me through my nutrition and/or exercise program(s). I understand that the online nutrition and exercise guides are designed for those individuals who do not have certain medical limitations regarding diet/exercise. If applicable, I will accurately and completely disclosure of any prescribed medications I am taking and any exercise or diet limitations I am aware of or have been informed of by my doctor, so that my Coach can develop a modified plan for my personal medial considerations. During the program if my medications, condition, or medical limitations should change, I will notify the Coach. I understand that it is recommended that I have a yearly physical or more frequent physical examination and consultation with my physician as to physical activity and diet so I am aware of what is appropriate for me. I acknowledge that I have either had a physical exam and have been given my physician’s permission to participate or I have decided to participate without approval of my physician.

I understand that while my Coach will review any disclosed medical limitations, my Coach is not a physician and cannot replace the advice and expertise of a physician and is not trained in any way to provide medical diagnosis, medical treatment, psychotherapy, or any other type of medical advice.

I understand that although my Coach may include recommended caloric ranges, macronutrient distribution, and suggested foods to ingest (or, in some cases, avoid) to better meet my fitness goals, my Coach is not a nutritionist or registered dietitian (RD), and she is legally not allowed to prescribe a specific meal plan for me. I understand that any specific diet limitations need to be discussed with my physician, nutritionist, or RD to ensure proper monitoring.

I understand that I have the complete right to stop or decrease exercise at any time during a session, and that it is my obligation to notify my physician or seek medical attention immediately if I develop any symptoms such as fatigue, shortness of breath, or chest discomfort.

I realize that participation in the program including but not limited to exercising, use of exercise equipment and strenuous exertion (strength training) all of which increase heart rate and body temperature.

I understand that exercise involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Also, injuries could occur to bones, joints or muscles. Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill which I conduct myself in that activity or program.

Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, I hereby expressly assume all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation

I understand and agree that it is my responsibility to inform the Coach of any conditions or changes in my health, now and ongoing, which might affect my ability to exercise safely and with minimal risk of injury.

I understand that should I feel light headed, faint, dizzy, and nauseated or experience pain/discomfort that I am to stop the activity and inform the Coach.

I understand that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during the Coaching.

I acknowledge and understand that the results of any fitness program or life coaching cannot be guaranteed and no warranties have been made regarding the results I will achieve from the Coaching.

I acknowledge and agree that the Coach has made no warranties or representations to me regarding the results I will achieve from the Coaching. I understand that results are individual and may vary.

I acknowledge that fitness training is another tool for teaching individuals about themselves, but the coach does not guarantee neither good nor bad will occur, nor guarantees the coaching advice given by the coach will produce good nor bad results.

I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Coaching.

I knowingly, voluntarily, and expressly waive any claim I may have against the Coach for any injury or damages that I may sustain as a result of participating in the Coaching.

I do hereby waive, release and forever discharge to Erica Hoese from any and all responsibilities or liability for any present and future injuries or damages resulting or arising from my participation in any activities including but not limited to use of the nutrition guide, exercise, personal training or use of the equipment including any injuries and damages caused by the negligent act or omission of any of those persons or entities mentioned above.

 

PERSONAL TRAINING AND COACHING POLICIES AND PROCEDURES

– Package sessions must be paid in full prior to having the online package PDF files emailed to you.

– Online package PDF files may be printed out for personal use, but are not to be distributed to any other individuals other than the purchaser.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY USING THIS SITE AND/OR BY SIGNING, I AM WAIVING ANY RIGHT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE COACHING HOST, ITS RESPECTIVE REPRESENTATIVES, EXECUTORS, AND/OR ASSIGNS.

I agree that this is the full agreement between the parties, that the trainer nor anyone else has verbally contradicted any of these terms of this release and that the undersign has entered into this agreement free and voluntarily without force or coercion.

I certify and represent that I am over the age of eighteen (18), have read the foregoing and fully understand the meaning and effect thereof, and, with the intent of being legally bound, use this and any site created by Coach in agreeance to these terms and agreement.