Terms and Conditions

Last Updated: January 11, 2025

Welcome to Prevail With Vitality. These Terms and Conditions ("Terms") govern your use of our fitness coaching platform and services. By creating an account or using our services, you agree to be bound by these Terms.

1. About Our Services

Prevail With Vitality, operated by Gateway Health & Fitness LLC, provides online fitness coaching services including:

• Personalized workout programs and training plans
• Nutrition guidance and meal planning support
• Weekly check-ins and progress tracking
• Direct messaging with your assigned trainer
• Group coaching programs and community support
• Specialized coaching for bodybuilding, holistic health, and pregnancy/postpartum fitness

2. Eligibility

You must be at least 18 years of age to use our services independently. Individuals under 18 may use our services only with the involvement and consent of a parent or legal guardian. By using our platform, you represent that you meet these eligibility requirements.

3. Account Registration

To access our services, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Updating your information to keep it current and accurate
• Notifying us immediately of any unauthorized use of your account

4. Health and Medical Disclaimer

IMPORTANT: Our services are for informational and educational purposes only and do not constitute medical advice.

• Consult with a qualified healthcare provider before beginning any fitness or nutrition program, especially if you have any medical conditions, injuries, or health concerns.
• If you are pregnant, postpartum, or have any pregnancy-related conditions, obtain clearance from your physician before participating in our programs.
• Our trainers are fitness professionals, not licensed medical practitioners. Their guidance should not replace professional medical advice.
• You are solely responsible for your health and safety during exercise. Stop any activity immediately if you experience pain, dizziness, or discomfort.

5. Electronic Waivers

You may be required to sign electronic waivers before accessing certain features or programs. These waivers are legally binding and acknowledge the inherent risks associated with physical exercise. By signing electronically, you agree that your electronic signature has the same legal effect as a handwritten signature.

6. Trainer-Client Relationship

When you are matched with a trainer, you agree to:

• Communicate openly and honestly about your fitness level, limitations, and goals
• Provide accurate health and medical information during intake
• Follow your trainer's guidance while exercising reasonable judgment
• Report any injuries, pain, or health changes to your trainer promptly

Your trainer will have access to your profile information, progress data, and communications to provide personalized coaching.

7. Payment Terms

Payment for our services is processed securely through Stripe. By subscribing to our services:

• You authorize recurring charges to your payment method as applicable
• You agree to pay all fees associated with your selected plan
• Subscription renewals occur automatically unless canceled before the renewal date
• Refund policies are provided at the time of purchase or available upon request

8. Communication Consent

By using our services, you consent to receive communications from us through various channels:

• Email: Service updates, workout reminders, check-in notifications, and promotional content
• Push Notifications: Real-time alerts for messages, program updates, and reminders
• SMS/Text Messages: Scheduling reminders, service updates, and program notifications

SMS Consent: I agree to receive automated text messages, emails, and phone calls from Prevail With Vitality regarding my application, services, scheduling, and program updates. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time.

You may adjust your notification preferences in your account settings or opt out of SMS communications by replying STOP to any message.

9. Intellectual Property

All content provided through our platform, including workout programs, nutrition plans, training templates, educational materials, and our brand assets, are the property of Gateway Health & Fitness LLC. You may not:

• Copy, reproduce, or distribute our content without permission
• Share your account access with others
• Use our content for commercial purposes
• Modify or create derivative works from our materials

10. User Conduct

You agree not to:

• Harass, abuse, or harm other users or trainers
• Share inappropriate, offensive, or harmful content
• Attempt to gain unauthorized access to our systems
• Use the platform for any illegal purpose
• Interfere with the proper functioning of the platform

11. Limitation of Liability

To the maximum extent permitted by law, Gateway Health & Fitness LLC and its trainers, employees, and affiliates shall not be liable for:

• Any injuries or health issues arising from following our programs
• Any indirect, incidental, special, or consequential damages
• Any loss of data, profits, or business opportunities
• Any damages resulting from your reliance on information provided

You expressly understand and agree that your use of our services is at your sole risk and that our services are provided on an "as is" and "as available" basis.

12. Indemnification

You agree to indemnify and hold harmless Gateway Health & Fitness LLC, its trainers, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of our services or violation of these Terms.

13. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion. You may cancel your account at any time by contacting us. Upon termination, your right to use the platform ceases immediately.

14. Modifications to Terms

We may update these Terms from time to time. We will notify you of significant changes by email or through the platform. Your continued use of our services after changes become effective constitutes acceptance of the revised Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of Nebraska.

16. Contact Us

If you have any questions about these Terms, please contact us: