Terms and Conditions

Last Updated: November 14, 2024

 

Welcome to XSE Self Sculpt (xseselfsculpt.com)(the “Site”), operated by Sapphire Angel, LLC (the “Company,” “We,” “Us,” “Our”). By using this website or purchasing services from the Company, you (“You,” “Your,” “Client,” “User”) agree to these Terms and Conditions. These Terms and Conditions govern the use of Our online personal training and life coaching services (the “Services”), which are available only to residents of the United States.

 

1. Scope of Services

We offer a range of Services, including:

• Online Coaching Sessions: Personalized coaching may be provided through video calls.

• Downloadable Materials: We may provide access to exercise plans, dietary guidelines, and other resources.

• Personalized Training Plans: Customized fitness plans designed to meet specific client needs and goals.

• Note: All materials including, but not limited to, downloadable materials and personalized training plans are licensed only for the User’s personal, non-commercial use and any unauthorized sharing, distribution, or modification is strictly prohibited and may result in legal action.

 

2. Eligibility and Use of Services

To use our Services, Clients must:

• Be at least 18 years old.

• Confirm that they are a resident of the United States.

• Agree to follow all safety guidelines and consult with healthcare providers as recommended in these Terms.

 

3. User Responsibilities and Fitness Disclaimer

Responsibility and Risk: Users are solely responsible for their health and should only participate in activities that are medically safe for them. The Company makes no guarantees, and You fully acknowledge and agree that You will not hold the Company liable for any injuries, damages, adverse health effects, or health complications, real or perceived, that may arise from participation in any program.

 

Medical Advice Disclaimer: All information and recommendations, including, but not limited to, specific fitness or dietary plans, are provided on the Site and through the Services solely for informational and general educational purposes, and Users should not interpret these as personalized health advice. It is not intended to replace professional medical advice, diagnosis, or treatment. The Company strongly recommends that You consult with a qualified healthcare professional to ensure such activities are safe for You before beginning any fitness program, exercise, dietary plan, or lifestyle change suggested by the Company.

 

All activities carry risks, and by using Our Services, You fully acknowledge and agree that:

• You will fill out all informational forms and contracts completely and accurately to the best of Your ability;

• You do so voluntarily;

• You are solely responsible for Your health and well-being and will consult with Your qualified healthcare professional before beginning any program, especially if You have any medical conditions or physical limitation;

• You should only participate in activities that are medically safe for you;

• Your participation is at Your own risk;

• All advice given is informational and is not intended to diagnose, treat, or cure any health condition or be a replacement for medical advice; and

• If You experience pain or discomfort during or after any session, You agree to stop immediately and seek proper medical assistance.

Sapphire Angel, LLC, its parents, DBAs, affiliated companies, officers, directors, employees, partners, contractors, representatives, agents, and third-party providers, are not licensed medical professionals, dietitians, athletic trainers, or therapists. The information provided by Us, on the Site, or through the Services is not to be considered medical advice, and any reliance that You may place on Us, the Site, or through the Services is strictly at your own risk.

By proceeding with Our Services, You agree to this disclaimer and waive all liability claims against the Company.

 

4. Payment, Refund, and Cancellation Policy

• Payments: All payments are processed via Stripe through the Luxauro.com platform and are required in advance of each session or program.
• Refund Policy:
• Non-Refundable Payments: All payments for services, including coaching sessions, downloadable materials, and personalized training plans, are non-refundable unless otherwise specified. This policy applies once payment is made, regardless of whether the Client completes or participates in the purchased service.
• Exceptions: In cases where extenuating circumstances prevent a Client from using a purchased service (e.g., severe illness or emergency), the Company may, at its sole discretion, issue a partial or full refund or offer a credit for future services. Any refund or credit will be determined on a case-by-case basis and is at the sole discretion of the Company.
• Cancellations: Clients who need to cancel or reschedule a session must notify the Company at least 24 hours in advance. Cancellations made within less than 24 hours are not eligible for rescheduling or refunds, unless otherwise agreed by the Company.
• Dispute Resolution Policy:
• Governing Law: These Terms and any disputes arising from them shall be governed by the laws of the State of Montana, without regard to its conflict of laws principles.
• Good Faith Negotiation: In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the services provided by the Company, the Client and the Company agree to first attempt to resolve the issue through good faith negotiations.
• Mediation: If the dispute cannot be resolved through direct negotiations, the parties agree to proceed to mediation before filing any legal action. Mediation will take place in Helena, MT and will be conducted by a mutually agreed-upon mediator. The costs of mediation shall be shared equally by both parties.
• Arbitration: If the dispute is not resolved through mediation, it shall then be submitted to binding arbitration in Helena, MT, administered by an arbitration organization, of the Company’s choosing, e.g., American Arbitration Association in accordance with its rules. The decision of the arbitrator will be final and binding on both parties.
• Legal Fees: Each party shall bear its own legal fees and expenses, unless otherwise awarded by the arbitrator in the interest of fairness and equity.
• Acceptance of Policy:
• By engaging in services with the Company, you acknowledge and agree to this Refund and Dispute Resolution Policy. Any legal action or proceeding arising from these Terms that does not follow this Dispute Resolution Policy may result in dismissal of the claim.

 

5. Privacy and Data Use

To deliver personalized services, Sapphire Angel, LLC collects certain information, including health history, goals, and preferences. Collected data is:

• Used to create customized coaching and training plans.

• Stored in a secure environment and accessed only by authorized personnel, although access may be granted to admin staff and affiliated trainers who assist in delivering services as necessary.

By using our services, you consent to the collection, processing, and sharing of your data as described.

 

6. Intellectual Property Rights

Clients may not copy, distribute, or modify any materials without written consent.

 

7. Disclaimer and Release of Liability

1. Disclaimer and Acknowledgment of Risks. By engaging in the services provided by the Company, you acknowledge and accept that participation may involve certain inherent risks, including, but not limited to, physical exertion, potential muscle strain, injuries, health complications, other risks associated with physical activity, and unforeseen events. You agree to consult a qualified healthcare provider before beginning any fitness program, routine, or lifestyle change recommended by the Company.

2. No Medical Advice. The information and recommendations provided by the Company are for informational purposes only and are not intended as a substitute for professional medical advice, diagnosis, or treatment. The Company, its parents, DBAs, affiliated companies, officers, directors, employees, partners, contractors, representatives, agents, and third-party providers are not licensed medical professionals, and Clients should not rely on Our guidance in place of advice from qualified healthcare providers.

3. Assumption of Responsibility. By using the Company’s Services, You affirm that You are in good health and will inform the Company of any significant health changes. You accept full responsibility for Your own health, fitness, and any consequences of engaging in the recommended activities.

4. Waiver of Liability. To the fullest extent permitted by law, You hereby waive, release, and discharge the Company and its representatives from any liability, claims, or causes of action arising out of any injury, harm, or damages, real or perceived, associated with your participation in the Company’s programs. This waiver applies to ordinary negligence but does not cover gross negligence, willful misconduct, or situations where such a waiver is prohibited by law.

5. Indemnification. You agree to indemnify and hold the Company harmless from any claims, damages, or expenses resulting from any actions, omissions, or misuse related to Your participation in the Company’s Services.

6. No Guarantee of Results. Results from participation in Our Services vary widely based on individual health, efforts, adherence to recommendations, and other personal factors. The Company makes no guarantees regarding any specific outcome, results, improvements, or level of progress, and all testimonials should be considered anecdotal only.

 

8. Termination of Services

Sapphire Angel, LLC reserves, in its sole discretion, the right to terminate any Client’s access to the Services for any breach of these Terms and Conditions, failure to pay, or any behavior deemed inappropriate.

 

9. Amendments to Terms and Conditions

The Company may update these Terms and Conditions periodically and will notify clients of significant changes. Continued use of our website or services constitutes acceptance of the revised Terms.