PLEASE READ CAREFULLY:
Strong Feels Good 2.0 Payment Agreement, Liability & Terms
Payment Agreement/Subscription Agreement IF doing Payment Plan
Please read this Subscription Agreement (the “Agreement”) carefully before accessing or using the Strong Feels Good VIP Coaching Experience (the “Subscription”), or the Strong Feels Good Member Site (including but not limited to, Kajabi, Kajabi Community, TrueCoach App) (the “Member Site”) proprietary materials which includes any written, audio, or visual presentations or documents associated with the Subscription.
By participating in the Subscription, or accessing the Member Site, you are agreeing to the following terms:
This Agreement is entered into and effective as of the first day of the month commencing the Subscription between the member purchasing the Subscription (the “Member”) and Angela Gargano Fitness Inc. (may sometimes also be referred to as Strong Feels Good, the “Company”), having an address at 5900 Balcones Drive, STE 13802, Austin, Texas 78741
In consideration of Member enrolling in the Subscription, it is agreed as follows:
1. Scope of Subscription
The Subscription includes all of the following for the duration of the 12 Weeks of the Program
➔1:1 Onboarding Call
We want you to see success so we will kick-start your journey with a 1:1 Call to get you all set and ready to start your program and win right from day 1
😱 A Dedicated Coach just for YOU! For the entire 12 weeks of the Program you will have your very one 1:1 Coaching.
💪🏻 12 Weeks of Proven Workouts/Programming using the Strong Feels Good Progressive Overload Method on an easy to use mobile app. We will personalize this programming based on your needs & goals weekly!
🍽️ Customized Meal Plan:
Get a custom nutrition plan with macros and/or intuitive eating guidelines, tailored to you. Everyone is different when it comes to eating, and we will provide what works best for you, whether it be macros or easy meals you can prepare. All meal plans are created by our certified nutritionist.
📞 Group Coaching Calls:
Bi-weekly group coaching calls with Angela herself. These calls will be used to answer any questions, dive deeper into anything you need additional help with, and include a bit of movement during the sessions. 😊
📅 Weekly Check-ins with Your Coach:
On a specific day each week, your coach will do a full check-in, personally reviewing your week, sending you any form corrections, helping you adjust your schedule, and navigating whatever life throws your way. This check-in will be via a personalized video from your coach!
💬 1-On-1 Messaging:
Message your success coach 24/7 for support and accountability, or whenever you have a question.
📚 Call Recordings:
Get access to all group call recordings, so you don’t need to worry about missing them.
👭 Community:
Connect with like-minded women in our private community who are also on the journey or have successfully reached their goals with our method.
2. Payment
(a) Subscription Fees. In consideration for the Subscription provided by the Company to the Member as set forth in Section 1 above, the Member agrees to pay:
- Pay-in Full
A one time payment of USD $1497 paid upfront (a savings of USD) this price is without any coupons or discounts applied that we may be offering at the time
OR
- Payment Plan
3 time payment of $599, payments will be taken out on the same day each month. If these payment fail to go through we will discontinue your service.
2. After/Klarna Pay Subscription
A Payment using the company “After-pay” or Klarna who will set up a Flexible Payment plan for you and all payments must be sent to them as agreed
You understand that you will not receive an invoice reminder for such monthly payments. In the event that any authorized charge applied by us to your bank account debit or credit card fails, you remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below.
(b) Late Payment Fee. If any fee outlined in this Agreement remains unpaid on the 7th day following its due date, a late fee of ten percent (10%) of the payment due will be assessed; a late fee will be assessed following each subsequent 7-day period. The Company reserves the right to restrict your access to the Subscription or terminate your participation in the Site unless and until all outstanding fees have been paid in full.
(c) Payment Security and Disputes. To the extent that the Member provides the Company with bank/credit/debit card(s) information for payment on Member’s account, the Company shall be authorized to charge such Member’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.
The Member agrees to not dispute any charges at any time. In the event that the Member inadvertently disputes a charge made to the account, the Member agrees to immediately cancel/withdraw such a dispute.The Member agrees to not cancel the credit/debit card that is provided as security without the Company’s prior written consent. The Member is responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event.
(d) Installment Payment Plan. If the Member selects the multiple payment/installment plan, set forth in Section 2 above, to make payments to the Company, the Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so.
3. Cancellations and Refunds
(a) The Member may cancel the Subscription at any time for any reason by providing written notice to the Company by email at [email protected]. Upon cancellation, access to the Subscription and the Site will be terminated.
However, cancellation of the Subscription by the Member will not extinguish the Member’s obligation to pay the full subscription fee(s) as outlined in Section 2 above if termination is requested before completion of the minimum three-month term commitment. The Member will remain obligated to pay all remaining unpaid subscription fees in full as outlined in Section 2 above.
(b) The Member may use the Site and Subscription for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Doing so is grounds for termination of service, at our discretion and the Member will remain obligated to pay all remaining unpaid fees for the term of the Subscription.
In the event that the Member engages in abusive or otherwise unprofessional behavior, as outlined above, in Site, towards representatives of the Company or other members, the Company reserves the right to cancel the Member’s Subscription and terminate access to the Subscription and Site without warning. No refund will be given in this circumstance. The Member will remain obligated to pay all remaining unpaid fees for the term of the Subscription.
The Member agrees to communicate with other members and representatives of the Company with the utmost respect and professionalism.
(c) The Member’s failure to effectively participate in the Subscription is not grounds for a refund.
(d) Times and dates for each month’s program are pre-scheduled and will be shared with Members via TrueCoach. In the event that a live call or training needs to be rescheduled, the Company will notify the Member via email or via the Site, at the earliest possible opportunity. In the event that a live training or call is rescheduled, the Company will make an effort to arrange for an alternative event, but does not guarantee that it will be able to do so. Cancellation or rescheduling of any live training or call is not grounds for any refund.
(e) Due to the nature of the services provided in the Subscription, no refunds can be issued. The Member understands that disputing a charge through his or her financial institution is a violation of this Agreement and agrees not to do so. Please refer to Section 2(c) for our payment dispute policy.
(f) The Subscription cannot be paused or placed on hold for any reason without the prior written consent of the Company.
(g) We cannot guarantee the outcome of access to the Subscription and/or participation in the Site. We make no guarantees other than that the Scope of Subscription described in Section 1(a) above and shall be provided to you in accordance with this Agreement. The Member acknowledges that the Company cannot guarantee any results of the Subscription as such outcomes are based on subjective factors (including, but not limited to, Member’s participation) that cannot be controlled by the Company. Any testimonials or reviews shared by the Company are not a representation of guaranteed results, only possible results. The Member not achieving his or her desired results is not grounds for a refund.
4. General
(a) From time to time, and upon the Member’s request, the Company and/or its representatives may provide the Member with recommendations or referrals for third-party service providers. The Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
(b) Affiliate Links. Company may provide the Member with affiliate links under which the Company may be compensated monetarily. The Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
(c) Technical Issues. In the event that the learning materials provided via the online learning platform (Kajabi, TrueCoach, or any other online platform as the Company may use from time to time) are inaccessible, the Company shall have 72 hours to re-deliver access to the Member, not including statutory holidays or weekends.
(d) Force Majeure. Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of the Company that materially affects the services provided in this Agreement, including but not limited to:
- A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
- War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
- Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.
In the event that Section 5(d) applies, the Company will make every reasonable efforts to reschedule programming/calls/sessions/etc. as needed in order to comply with the terms of this Agreement, however, the Company will not be found in breach if this is not possible.
5. Confidentiality
(a) Member Information. Any and all Member information and data of a confidential nature, including but not limited to name, address, email, health records (the “Member Information”), shall be treated by the Company in the strictest confidence and not disclosed to third parties or used by the Company for any purpose other than for providing the Member with the services specified here, without the Member’s express written consent, other than to comply with law. Member Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by the Company, (b) was in the Company’s possession prior to receipt from the disclosure, (c) is received by the Company independently from a third party free to disclose such information, or (d) is independently developed by the Company without use of the Member Information.
(b) Participant Information. The Member agrees to keep confidential any information shared by other members or authorized participant/s (“Participant Information”) in the Subscription or the Site (each a “Participant” and collectively the “Participants”). Any Participant Information shared by each Participant is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. The Member agrees not to disclose, reveal or make use of any Participant Information or any transactions, during discussions, on the Site or otherwise. The Member agrees not to use the Participant Information in any manner other than in discussion with other Participants in the Subscription or the Site. Participant Information shall not include information rightfully obtained from a third party. The Member will keep any information in strictest confidence and shall use best efforts to safeguard the Participant Information and to protect it against disclosure, misuse, loss and theft.
(c) Company Information. Any and all Company information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know-how, business and process information (collectively, the “Company Information”) is confidential, proprietary, and belongs solely and exclusively to the Company. The Member agrees to keep confidential any Company Information shared by Company in the Subscription or Site. Any Company Information shared by the Company, its directors, officers, employees, agents or contractors is confidential, proprietary, and belongs solely and exclusively to the Company. The Member agrees not to disclose, reveal or make use of any Company Information or any transactions, during discussions, on the Site or otherwise. The Member agrees not to use Company Information in any manner without prior authorization from the Company. The Member will keep Company Information in strictest confidence and shall use best efforts to safeguard the Company Information and to protect it against disclosure, misuse, loss and theft.
(d) Non-Disparagement. The Member shall, during and after the participation in the Subscription, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding the Company, or any of the Company’s directors, officers, employees, agents or contractors, other than to comply with law. This provision in no way restricts a Member’s ability to communicate reviews or performance assessments about the Company’s goods or services.
(e) Violations of Confidentiality. The Member agrees that if the Member violates or displays any likelihood of violating any provisions in this Section 6, the Company and/or the other Participant/) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
6. Ownership of Intellectual Property
(a) IP Ownership. The Member agrees that the Subscription contains proprietary content (“Intellectual Property”) that is owned solely by the Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. The Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the universe in any and all mediums. The Company grants the Member a license to use the Intellectual Property solely for the Member’s own noncommercial purposes. The Member agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, the Member agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on the Intellectual Property (including any and all content) or that in any way violates the Intellectual Property, without the Company’s written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Subscription is the property of the Company. The Member may not use such trademarks or service marks for any purpose except with written permission by the Company.
Strong Feels Good™, and Angela Gargano Fitness ™ are trademarks of the Company. Strong Feels Good ™ is a copyrighted work of the Company.
(b) No Resale of Subscription Permitted. The Member agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Subscription (including training materials), use of the Subscription, or access to the Subscription. This Agreement or the Subscription is not transferable or assignable without the Company’s prior written consent.
(c) Member agrees to not share access to the Subscription or materials with others. This includes parties that have not purchased access to the Subscription, or any other third-party that the Company has not authorized access to.
(d) Recordings. All training/group calls and meetings are recorded by the Company. The Member may access these recordings via the online forum or other means provided by the Company. The Member agrees and consents to the recording of any calls, meetings, or conversations which take place as part of this Agreement. The Company reserves all rights in any and all recordings.
(e) Infringement Notification. The Subscription respects the rights of others and we expect users of our Member Site to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also the Company’s policy that the Company may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
(f) How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Member Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to the Company at the contact particulars below: the following means:
Email: [email protected]
Mailing Address: 5900 Balcones Drive, STE 13802, Austin, Texas 78741
In any such notice, please include sufficient information to address the items specified below:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit the Company to locate the material.
- Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.
- Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, telephone number and email should we need to contact you about your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
- Sign the document, physically or electronically.
7. Warranties
(a) Company’s Warranties. The Company represents, warrants, and covenants that Company has full authority to enter into this Agreement and related services, whether performed by the Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Member’s Warranties. The Member represents, warrants, and covenants that Member has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of the Member’s obligations or duties, whether performance is due now or during the term of the Subscription.
(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.
8. Limitation of Liability
(a) In no event shall the Company have any liability to the Member for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and
(b) In no event shall the Company’s liability to Member exceed the fees paid by Member under these terms, whether in contract, tort, or under any other theory of liability.
(c) The limitations in this Section 10 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under Sections 5, 6 and 7.
(d) All of the information provided throughout the Subscription including the resources delivered via phone/video conference, e-mail, in the Site, live events including webinars and video/audio recordings educating about health and fitness are resources for educational and informational purposes only and should not take the place of hiring a health professional. The Member understands that the Company does not and will not provide any form of diagnosis.
If a coach or individual acting on behalf of the Company within the program is licensed in some professional manner, the Member understands that this individual is not acting within his/her capacity as a licensed professional.
9. WAIVER AND RELEASE OF LIABILITY
By participating in the Subscription, the Member declares that he/she is free and clear to engage in any physical activity and that the Member does not have any underlying health conditions prohibiting or limiting the Member from participating in any training sessions, exercise and/or diet program, online and in-person. The Member declares that she is free and clear to engage in any physical activity and that she does not have any underlying health conditions prohibiting or limiting her from participating in any physical activity, exercise/training sessions and/or diet programs. The Member declares that she has not been advised to perform any physical activity, exercise/training sessions and/or diet programs under medical supervision only. The Member further declares that she has clearance from her physician/primary care provider to participate and engage in any physical activity, exercise/training sessions and/or diet programs.
The Member understands there are inherent risks involved in physical activity, exercise/training sessions and/or diet programs, but this is her informed consent to continue. The Member agrees to release and discharge Angela Gargano and Angela Gargano Fitness Inc. (including without limitation, its employees, staff, agents, and contractors) from any and all claims or causes of action (known or unknown) arising out of negligence.
The Member acknowledges that she has carefully read this Waiver and Release of Liability and fully understand that it is a release of liability. The Member agrees to waive any right that she may have to bring a legal action to assert a claim against Angela Gargano and Angela Gargano Fitness Inc. (including without limitation, its employees, staff, agents, and contractors) from any negligence, injury and/or losses arising from any such training sessions/exercise and/or diet program(s) (including without limitation any injuries and/or losses as a result of any diet, supplementation or training advice the Member may receive)
10. Entire Agreement; Modification
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.
No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
11. Amendment of Terms
Parties may amend this Agreement only by mutual agreement and in writing, signed and agreed to by both parties.
12. Assignment
This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Member may not assign any of its rights under this Agreement.
13. Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Angela Gargano Fitness Inc.
5900 Balcones Drive, STE 13802, Austin, Texas 78741
E-mail: [email protected]
To the Member at the Member’s mailing and/or e-mail address provided at the time of purchase.
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.
14. Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in the State of Texas . The exclusive venue for any proceeding based on or arising out of this Agreement shall be Austin, Texas, United States. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
15. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
16. Severability
Wherever possible, each provision of this Agreement will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected and will continue in full force and effect.
Both parties understand that signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect under law as an original handwritten signature in ink.
The parties have executed this Agreement as of the date of enrollment by the Member. Completion of enrollment, payment by the Member, and granted access to the Subscription and Site constitutes binding terms of this Agreement.
PHOTO RELEASE CONSENT
The Member hereby grants to the Company the right to reproduce, use, exhibit, display, broadcast, distribute and create derivative works of the photographs and/or videos for use in connection with the activities and mission of the Company.
This grant includes, without limitation, the right to publish such images on any of the Company’s websites, in our reports and publications and PR/promotional materials, such as without limitation marketing publications, news releases, advertisements, and any Company-related publication. These images may appear in any of the wide variety of formats and media now available to the Company and that may be available in the future, including but not limited to print, broadcast, videotape, CD-ROM, and electronic/online and social media. If the Member does not consent to the Member’s photos & videos being used, the Member will email the Company at info@angela-gargano.com. Please note any before or after picture transformations, the Company will ASK for permission of the Member before using such transformations.
PERFORMANCE AGREEMENT
Please read this agreement between the coach and the member which forms part of this Agreement:
ATTITUDE: I will under NO circumstances tolerate a negative attitude.
This does not mean you are not allowed to be human (we all have bad days), but it does mean you are responsible for your own“checks and balances”. Keep things in a positive perspective, remember your “why”, and focus on your purpose. You can come to me with any issue as long as your intention is to work towards resolving it.
HONESTY: I will never judge you as a client for any slip-ups, mistakes, or poor decisions. Again, we are all humans. However, I need you to be as transparent as possible so I can track all details. There is no sense in me spending the time and effort creating a plan for you if you are not going to follow it, or, to have me trying to figure out what’s not working if the truth is you just haven’t been consistent. This is pretty straightforward.
EFFORT: You have to show up for yourself 110% EVERYDAY, no matter what. The harder you work for me, the harder I work for you. I am not a “hand-holder”, and I cannot be there for you every single time you have a setback. This is where you will learn to become self-accountable and self-sufficient. We want to focus on cultivating confidence and capability. YOU are the HERO, and this is your journey. I am just the guide.
TRUST: This is so, so vital! You are going to be pushing through some major personal development and growth during this process. Each and every person’s process is different. Let go of the resistance to figure out how this is all going to unfold and trust YOURSELF, MY EXPERIENCE, and the PROCESS. Just a side note, the hardest part of this program has already been completed by you taking that first step; and for that you should feel insanely proud of yourself! Take a deep breath, put your hand over your heart, and tell yourself “this is my time, I am supported, and I am now in a safe space to begin my journey.” Now let’s have some fun and get WARRIOR STRONG!
The Member agrees as follows: By participating in the Subscription, I agree to give 110% commitment to such a program, and because I am solely responsible for my progress, I understand that NO refunds will be offered regardless if the program is not completed in its entirety.
COMMUNICATION POLICY
If you are enrolled in one or more of the following programs: Pull-Up Revolution, No Pull-up Bar? No Problem!, Strong Feels Good, Strong Feels Good VIP Coaching, Core Revolution or any other program (each referred to as the “Program” and collectively, the “Programs”) provided by Angela Gargano Fitness Inc., (the “Company”), you agree to following the rules set forth for interpersonal conduct with the Company (including without limitation, its employees, staff, agents, and contractors) . In any communications via direct messages, online posts, comments or emails, your language must be considerate, courteous and kind.
The Company’s platform and Programs are meant to provide support, provide motivation, and answer questions. As a condition of your enrollment, you agree not to harass, bully, or otherwise make any of the Company’s employees, agents, contractors or other members uncomfortable. If you violate any of these terms, you will be considered in violation of our Company’s terms and conditions. The Company and any of its employees, staff, agents,or contractors, in their sole discretion, may refuse to respond to messages, delete your messages, or discontinue your use of our platform and Programs at any time, either temporarily or permanently. Further NO refunds will be given regardless of whether the Program is completed in its entirety or not.
UNDER NO CIRCUMSTANCES IS THE INFORMATION PROVIDED IN THE COMPANY’S PLATFORM INTENDED TO BE OR SHOULD BE USED AS AN EMERGENCY HOTLINE. IF YOU ARE EXPERIENCING AN EMERGENCY OR CRISIS, DIAL 911 FOR EMERGENCY PERSONNEL, THE EATING DISORDER HOTLINE, OR THE SUICIDE HOTLINE FOR HELP IMMEDIATELY.