Terms of Service, Release of Liability & Assumption of Risk, and Membership Terms
Last updated: [date]
These Terms are a legal agreement between you and Cameron [Last Name], an individual doing business as "Rookie Reps" ("Rookie Reps," "we," "us"). Contact: rookierepsfit@gmail.com.
PLEASE READ CAREFULLY. SECTION 6 IS A RELEASE OF LIABILITY: YOU GIVE UP YOUR RIGHT TO SUE US FOR INJURIES, INCLUDING INJURIES CAUSED BY OUR NEGLIGENCE. SECTION 12 REQUIRES INDIVIDUAL ARBITRATION AND WAIVES CLASS ACTIONS AND JURY TRIALS. SECTION 8 EXPLAINS AUTOMATIC MONTHLY BILLING AND HOW TO CANCEL.
By checking the box at checkout, creating an account, or downloading or using any Rookie Reps product, you agree to these Terms. If you do not agree, do not buy or use our products.
1. What we offer
Rookie Reps sells digital fitness education for beginners ("Products"), including: - a free macro tracker (Google Sheet); - a $27 challenge; - a $97 12-week program (PDF and web start page); - a $29/month membership; and - premium custom workout and nutrition plans ("Custom Plans").
Products are sold through Payhip, with payments processed by Stripe or PayPal. Their terms and privacy policies also apply to your payment. We do not offer 1:1 personal training, in-person coaching, medical care, physical therapy, or licensed dietitian services.
2. Eligibility: age 18+
You must be at least 18 years old and able to enter a binding contract. You may not buy Products for, or let them be used by, anyone under 18. You also confirm that you are buying for your own personal, non-business use.
3. Not medical advice; consult your doctor
3.1 Everything we provide is general educational information. It is not medical, nutritional, or professional health advice, diagnosis, or treatment. Nobody at Rookie Reps is acting as your physician, dietitian, or licensed health professional. 3.2 Before you start any Product, consult your doctor. This is especially important if you are pregnant or nursing, are over 40, are overweight, have been inactive, smoke, or have (or have a family history of) heart disease, high blood pressure, diabetes, joint or back problems, an eating disorder, or any other medical condition, or if you take medication. 3.3 Calorie, macro, and food guidance (including the macro tracker) is an estimate. It is not suitable for managing any medical condition. 3.4 Stop immediately and seek medical help if you feel pain, dizziness, faintness, chest pain or pressure, shortness of breath, or nausea. In an emergency, call 911. 3.5 You are responsible for deciding whether an exercise or diet change is appropriate for you, and for doing it with proper form, a safe space, and suitable equipment.
4. AI-assisted Custom Plans
4.1 Custom Plans are drafted with artificial-intelligence software from the information you submit, and are then reviewed and approved by the owner of Rookie Reps before delivery. The reviewer is not a physician or licensed dietitian. 4.2 A plan is only as good as the information you give us. You agree to provide accurate, complete health and fitness information and to update us if it changes. We are not responsible for plans based on inaccurate or incomplete information. 4.3 AI-generated content can contain errors. Use your judgment, follow Section 3, and contact us if anything in a plan seems unsafe or unclear before you do it.
5. Results not guaranteed
Results vary and are not typical or guaranteed. They depend on your effort, consistency, diet, sleep, genetics, age, and health. Testimonials and examples are individual experiences, not a promise of what you will achieve.
6. ASSUMPTION OF RISK AND RELEASE OF LIABILITY
6.1 Assumption of risk. I understand that exercise, strength training, stretching, cardio, and changes to diet involve inherent risks. These include, without limitation: muscle strains and sprains, joint, back, and bone injuries, falls, dehydration, fainting, worsening of existing conditions, heart attack, stroke, and, in rare cases, death. I understand that I will do the workouts on my own, without supervision, at a location and with equipment I choose. I voluntarily assume all of these risks, known and unknown, even if they arise from the negligence of the Released Parties (defined below). 6.2 Release. In exchange for being allowed to buy and use the Products, I, for myself and my heirs, estate, personal representatives, and assigns, release, waive, and forever discharge Rookie Reps, Cameron [Last Name], [LLC name] (once formed), and their owners, members, managers, employees, contractors, agents, successors, and assigns (the "Released Parties") from any and all claims, demands, liabilities, and causes of action for personal injury, illness, death, property damage, or other loss arising out of or related to my purchase or use of the Products, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. 6.3 Covenant not to sue. I agree not to sue the Released Parties for any claim released in Section 6.2. 6.4 What this release does not cover. This release does not apply to claims caused by gross negligence, recklessness, or intentional misconduct of a Released Party, or to any claim that cannot be waived under applicable law. If any part of this Section is found unenforceable, the rest will still be enforced to the fullest extent allowed by law. 6.5 I understand what I am signing. I have read this Section. I understand that I am giving up substantial legal rights, including my right to sue. I agree to it voluntarily, and I had the chance to ask questions or get legal advice before agreeing.
7. Indemnification
You agree to defend, indemnify, and hold harmless the Released Parties from any claims, losses, damages, and costs (including reasonable attorneys' fees) brought by a third party and arising from (a) your use or misuse of the Products, (b) your breach of these Terms, or (c) your sharing of the Products with anyone else.
8. MEMBERSHIP: AUTOMATIC MONTHLY RENEWAL AND CANCELLATION
8.1 Automatic renewal. The Rookie Reps Membership costs $29.00 per month, plus any applicable tax. When you join, your payment method is charged $29.00 immediately. It is then charged $29.00 automatically every month on the same date until you cancel. By checking the membership box at checkout, you expressly authorize these recurring charges. 8.2 How to cancel. You can cancel anytime, online, using the same method you used to sign up: log in to your Payhip account and cancel the subscription, or email rookierepsfit@gmail.com with "Cancel" in the subject line. If you pay through PayPal, you can also cancel the automatic payment in your PayPal account. We will confirm your cancellation by email. 8.3 Timing. To avoid the next charge, cancel before your renewal date. After you cancel, no further charges will be made, and you keep access until the end of the month you have paid for. 8.4 Refunds. Membership fees already charged are non-refundable, except where required by law or where we billed you in error. If we make a billing error, we will refund the incorrect amount. 8.5 Price changes. We will email you at least 30 days before any price change takes effect, and you may cancel before then. A price change will never apply to a month you have already paid for. 8.6 Failed payments. If a payment fails, we may retry it or pause your access until the payment goes through. 8.7 Annual or longer plans. If we ever offer a membership of 12 months or longer that automatically renews, we will email you a renewal reminder 30 to 60 days before the cancellation deadline, as Florida law requires (Fla. Stat. § 501.165). 8.8 Free trials. If we ever offer a free or discounted trial, we will clearly disclose before checkout when it ends, the price that applies afterward, and how to cancel before you are charged.
9. One-time purchases and refunds
The $27 challenge, the $97 program, and Custom Plans are digital products that are delivered immediately or on approval. All sales are final, except where required by law. If a file is defective or doesn't arrive, email rookierepsfit@gmail.com and we will fix it or refund you.
10. License and acceptable use
We grant you a personal, non-transferable, non-exclusive license to use the Products you buy for your own use. You may not copy, resell, share, post, or distribute any Product or account access. All content, the "Rookie Reps" name, the RR logo, and the "Tiny Reps. Big Wins." tagline belong to us. We may end your access without refund if you violate this Section.
11. Disclaimer of warranties; limitation of liability
11.1 THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. 11.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR $100, WHICHEVER IS GREATER. These limits do not apply to gross negligence, intentional misconduct, or anything else that cannot legally be limited.
12. DISPUTE RESOLUTION: INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER (optional; keep or remove after attorney review)
12.1 Talk to us first. Before filing any claim, email rookierepsfit@gmail.com with a description of the issue. We will both try in good faith to resolve it within 30 days. 12.2 Arbitration. Any dispute that is not resolved and is not released under Section 6 will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. The arbitration may be held by video or phone, or in the county where you live. Either party may instead bring an individual claim in small-claims court. 12.3 Class-action and jury waiver. You and we each waive the right to a jury trial and the right to bring or join a class, collective, or representative action. Claims may be brought only on an individual basis. 12.4 30-day opt-out. You may opt out of this Section 12 by emailing rookierepsfit@gmail.com within 30 days after your first purchase, with your name and the statement "I opt out of arbitration." Opting out does not affect any other part of these Terms, including Section 6. 12.5 If the class-action waiver is found unenforceable, the affected claim will proceed in court under Section 13 rather than in arbitration.
13. Governing law and venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules, and by applicable federal law. Subject to Section 12, any court action must be brought in the state or federal courts located in Pasco County, Florida, and you consent to that jurisdiction.
14. Privacy
We collect only what we need to deliver Products and Custom Plans, such as your name, email, and the fitness and health information you choose to share. We do not sell your personal information. Health information you submit for a Custom Plan is used only to create and review your plan, and may be processed by our AI software providers for that purpose. See our Privacy Policy at rookiereps.com/privacy.
15. Changes to these Terms
We may update these Terms. We will post the new version with a new "Last updated" date and email members about any material changes. Changes apply going forward. If you do not agree to a change, cancel your membership before it takes effect.
16. General
These Terms are the entire agreement between you and us about the Products. If any provision is unenforceable, it will be limited to the minimum extent necessary, and the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms. We may transfer them, including to [LLC name] once it is formed. Section headings are for convenience only.
Contact: Rookie Reps · rookierepsfit@gmail.com · [mailing address, or registered-agent address once the LLC exists]