BodyWell Method: Terms and Conditions

Last updated: FILL: publication date Effective: FILL: effective date

1. Who we are and what these terms cover

These Terms and Conditions ("Terms") are a binding agreement between you and FILL: full registered legal entity name, e.g. BodyWell Method LLC, a FILL: entity type, e.g. limited liability company organized under the laws of FILL: state of formation, with its principal place of business at FILL: registered business address ("BodyWell", "we", "us", "our").

These Terms govern your use of the BodyWell Method website at bodywellmethod.com, our mobile and television applications, our membership programs, our on-demand and live content, our appointments and bookings, and any other services we provide (together, the "Services").

By creating an account, purchasing a membership, booking an appointment, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

2. Eligibility

You must be at least FILL: minimum age, commonly 18, or 13 with parental consent. This choice has downstream consequences in the Privacy Policy and under COPPA years old to create an account or purchase a membership.

You must have the legal capacity to enter a binding contract. If you are purchasing on behalf of someone else, you are responsible for their compliance with these Terms.

The Services are offered from the United States. We make no representation that the Services are appropriate or available in other locations.

3. Health and safety: read this before you exercise

This section is important. Please read it in full.

BodyWell provides general fitness, movement, Pilates, strength, physical therapy style and nutrition education content. The Services are not medical care, are not physical therapy treatment, and are not a substitute for advice from your physician, physical therapist, or other qualified healthcare provider.

Specifically:

a. No content in the Services constitutes a medical diagnosis, a treatment plan, or a prescription.

b. Following an exercise program does not create a practitioner and patient relationship between you and BodyWell or between you and any instructor featured in the Services, whether or not that instructor holds a professional license.

c. You should consult a physician before beginning any exercise or nutrition program, and particularly if you are pregnant or postpartum, are recovering from injury or surgery, have a cardiovascular, musculoskeletal or metabolic condition, or are taking medication that affects exercise tolerance.

d. Any intake information you provide about your body, injuries, goals or dietary requirements is used to help route you to appropriate content. It is not reviewed as a clinical assessment and it is not a screening for safety.

e. You are responsible for exercising within your own limits. Stop immediately and seek medical attention if you experience pain, dizziness, shortness of breath, or any other symptom of distress.

Assumption of risk. Physical exercise carries an inherent risk of injury, including serious injury. By using the Services, you knowingly and voluntarily assume all risk of injury, illness, death, or property damage arising from your participation, whether that participation is on demand, live online, or in person.

Release. To the maximum extent permitted by law, you release BodyWell, its officers, employees, instructors, contractors and agents from all claims arising from your participation in any activity described in the Services.

FILL: If in-person events are held, a separate signed waiver is required. A clause in online terms is generally weaker than an executed waiver, and enforceability of releases varies significantly by state. Counsel must confirm what is enforceable in the states where events are held.

4. Accounts

You must provide accurate information when registering and keep it current. You are responsible for keeping your password confidential and for all activity under your account.

Your account is personal to you. You may not share your login, sell or transfer your account, or allow anyone else to access paid content through it. We may suspend or terminate accounts that appear to be shared, subject to section 15.

Tell us promptly at FILL: support email address if you believe your account has been accessed without authorization.

5. Memberships and pricing

We offer the following membership plans:

All prices are in US dollars and exclude sales tax unless stated otherwise. Applicable sales tax is added at checkout where required.

FILL: Confirm sales tax treatment. Digital subscription taxability varies by state and this affects whether prices are displayed inclusive or exclusive. This is a question for BodyWell's accountant, not a drafting choice.

6. The Founding Member offer

This clause needs specific attention before publication. The website currently advertises "50% OFF the yearly membership for life". That is a durable pricing commitment and the wording below determines whether BodyWell can ever change that price.

If you purchased under the Founding Member offer, you receive FILL: exact discount, e.g. 50% off the then current standard annual membership price, applied to each annual renewal, for as long as:

a. your membership remains continuously active without lapse or cancellation;

b. you continue to renew on the annual plan and do not switch plans; and

c. you purchase and renew through FILL: which channels the offer applies to. If the discount was sold through web checkout, it usually cannot be honored on an Apple or Google in-app subscription without a separate mechanism. Confirm before publishing.

If your membership lapses or you cancel, the Founding Member rate ends and you may re-subscribe only at the then current standard price.

The discount applies to the annual membership fee only. It does not apply to physical products, one to one appointments, ticketed in-person events, or any separately priced offering.

FILL: Decide and state explicitly whether the 50% is (i) locked to the launch price in dollars, or (ii) 50% of whatever the standard price is at each renewal. Option (ii) protects margin as prices rise. Option (i) is what many customers will assume "for life" means. If the marketing said one thing and the terms say the other, that is the exact fact pattern the FTC pursues under Section 5. This is a decision for BodyWell and their counsel, not something to be papered over.

7. Free trials

FILL: Delete this section if no trial is offered.

If we offer a free trial, the trial lasts FILL: duration. Unless you cancel before the trial ends, your membership will automatically convert to a paid subscription and you will be charged FILL: amount. We will tell you the conversion date and amount before you start the trial. Trials are limited to one per person and per payment method.

8. Billing, automatic renewal and price changes

Your membership renews automatically until you cancel. How that works depends on where you bought it.

8.1 Purchases made on our website

Payment is processed by FILL: payment processor, e.g. Stripe. By subscribing you authorize us to charge your payment method the membership fee, plus tax, on each renewal date, automatically, until you cancel.

Before you are charged for the first time we will clearly disclose the price, the billing frequency, the renewal date, and how to cancel. We will send you a receipt after each charge.

We may change the price of a membership. If we do, we will give you at least FILL: notice period, minimum 30 days recommended, and check state auto-renewal law requirements days notice by email before the change takes effect, and the new price will apply from your next renewal. You may cancel before then and avoid the new price. Founding Member pricing is governed by section 6.

If a payment fails we may retry it and may suspend access until payment succeeds.

8.2 Purchases made through the Apple App Store or Google Play

If you subscribe inside our iOS or Android app, Apple or Google is the seller of record, not BodyWell. Your payment, renewal, and billing relationship for that subscription is with Apple or Google under their terms, not ours.

This means:

a. We cannot see your full payment details.

b. We cannot cancel your subscription for you. You must cancel through your Apple or Google account settings.

c. We cannot issue refunds for in-app purchases. Refund requests go to Apple or Google.

d. Your subscription renews automatically through the app store unless you turn off auto renewal at least 24 hours before the end of the current period.

Everything else in these Terms still applies to your use of the content and the Services.

9. Cancellation

You can cancel at any time, and cancelling is as easy as signing up.

For website purchases: cancel in your account settings at FILL: URL of the cancellation page, or email FILL: support email. Cancellation takes effect at the end of your current paid period. You keep access until then.

For in-app purchases: cancel through your Apple or Google account settings as described in section 8.2.

We do not require you to call us, chat with a retention agent, or complete any additional step in order to cancel.

10. Refunds

FILL: State BodyWell's actual refund policy. Do not adopt a policy here that BodyWell does not intend to honor. Common options: no refunds on partial periods; a stated satisfaction window; refunds at discretion. Note that some state auto-renewal statutes and card network chargeback rules constrain a flat no-refund position.

Refunds for purchases made through Apple or Google are handled by Apple or Google and are outside our control.

11. Appointments and bookings

If you book an appointment through the Services:

a. The appointment is for FILL: describe what the appointment actually is, for example a consultation, an assessment, a one to one session. Be precise, because describing it as a clinical service changes the legal analysis.

b. Our cancellation and rescheduling policy is: FILL: notice period and any fee

c. FILL: Confirm whether any appointment is delivered by a licensed practitioner acting in a professional capacity. If yes, section 3 needs revision and additional professional liability and licensure clauses are required. This is a material question and should be answered before publication.

12. Live and virtual events

Access to live and virtual events may be included with membership or ticketed separately, as stated at the time of booking. We may change the schedule, format, instructor, or venue of any event. If we cancel a ticketed event outright, we will FILL: refund in full / offer a credit / other.

Attendance at in-person events is subject to section 3 and to any separate waiver we require you to sign.

13. Physical products

FILL: Complete or delete. The website currently has an active cart, so if physical goods are sold this section is required and needs shipping, delivery, title and risk, returns and warranty terms.

14. Your license to use our content, and what you may not do

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to stream and view the content for your own non-commercial use, for as long as your membership is active.

You may not:

a. download, record, screen capture, copy, or redistribute any content, except through any download feature we expressly provide for offline viewing within the app;

b. share your account or your access with anyone else;

c. show the content in a gym, studio, class, clinic or other commercial or group setting, or otherwise use it to instruct other people;

d. reverse engineer, decompile, or attempt to extract the source code of our apps;

e. use bots, scrapers, or automated tools against the Services;

f. resell, sublicense, or commercially exploit any part of the Services;

g. remove or alter any copyright, trademark or other proprietary notice.

All content, trademarks, and software in the Services remain the property of BodyWell or our licensors. Nothing in these Terms transfers ownership to you.

15. Content you submit

FILL: Delete this section if comments, reviews, community posts and profile uploads are all disabled. If any user submitted content is enabled in the app, this section is required.

If you post comments, reviews, photos, or other material to the Services, you grant us a worldwide, royalty free, non-exclusive license to host, store, reproduce and display that material for the purpose of operating and promoting the Services.

You must not post material that is unlawful, defamatory, harassing, obscene, infringing, or that promotes disordered eating, extreme restriction, or unsafe exercise practices. We may remove any content and suspend any account at our discretion.

You are responsible for the material you post. We do not endorse it and we do not systematically pre-screen it.

16. Third party platforms

Our apps are distributed through Apple, Google, FILL: and Roku and Amazon if applicable. Those platforms are not parties to these Terms and are not responsible for the Services.

For iOS and Apple TV apps, you acknowledge that Apple has no obligation to provide maintenance or support, that Apple is not responsible for any product warranty or claim relating to the app, and that Apple and its subsidiaries are third party beneficiaries of these Terms and may enforce them against you. You confirm you are not located in a country subject to a US Government embargo and are not on any US Government restricted party list.

17. Availability and changes to the Services

We aim to keep the Services available but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of the Services, including specific content or features. If we discontinue a material part of what you paid for, we will FILL: state remedy, e.g. offer a pro rata refund.

18. Suspension and termination

We may suspend or terminate your account if you breach these Terms, if your payment fails, if we suspect fraud or account sharing, or if we are required to do so by law. Where the breach is not serious and can be fixed, we will normally tell you first and give you a chance to fix it.

You may terminate at any time by cancelling under section 9.

On termination, your license under section 14 ends immediately.

19. Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be error free, uninterrupted, secure, or that any particular result, fitness outcome, weight change, or recovery outcome will be achieved.

Some states do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

20. Limitation of liability

To the maximum extent permitted by law:

a. BodyWell is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill.

b. Our total aggregate liability arising out of or relating to these Terms or the Services is limited to the greater of FILL: e.g. the amount you paid us in the 12 months before the event giving rise to the claim or FILL: e.g. USD 100.

c. Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by our negligence, for fraud, or for fraudulent misrepresentation.

FILL: Counsel should confirm this cap survives in the states where BodyWell has meaningful customer concentration. A liability cap sitting next to an exercise injury release gets scrutinized more closely than a standard SaaS cap.

21. Indemnity

You agree to indemnify and hold BodyWell harmless from claims, damages, losses and reasonable legal costs arising from your breach of these Terms, your misuse of the Services, or your violation of any law or third party right.

22. Governing law and disputes

These Terms are governed by the laws of the State of FILL: state, normally BodyWell's state of formation or principal place of business, without regard to its conflict of laws rules.

FILL: Choose one dispute resolution route and delete the other. This is a substantive decision for counsel, not a formatting choice. OPTION A, courts: Any dispute will be brought exclusively in the state or federal courts located in [county, state], and both parties consent to that jurisdiction. OPTION B, arbitration: A binding arbitration clause with a class action waiver, an opt out window, and a small claims carve out. If chosen, it must be presented conspicuously and assent must be properly captured at signup, or it will not be enforced. Note that a mandatory arbitration clause combined with a personal injury release in a consumer fitness contract attracts particular scrutiny.

23. General

Changes to these Terms. We may update these Terms. If a change is material, we will notify you by email or in the app at least FILL: notice period before it takes effect. Continuing to use the Services after that date means you accept the change. If you do not accept, you may cancel.

Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Services.

Severability. If any provision is held unenforceable, the rest remains in effect.

No waiver. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. We are not liable for failure to perform caused by events beyond our reasonable control.

24. Contact

FILL: legal entity name FILL: postal address FILL: support email FILL: phone number, if one is published