Terms and Conditions

Your Acceptance of These Terms and Conditions

Cancellation & Refund Policy for Fitness Concepts and Partners (FCP) (bottom of page)

PLEASE READ TERMS AND CONDITIONS GOVERNING THE USE OF THE FITNESSPARTNERSANDCONCEPTS.COM WEBSITE CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE. BY ACCESSING OR USING THIS WEB SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

Fitness Concepts and Partners (FCP) created and maintains the website to provide information about FCP. These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Fitness Concepts and Partners Website (“FCP”), located www.fitnessconceptsandpartners.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with FCP for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf and that such entity agrees to indemnify you and FCP for violations of these Terms.

These Terms and Conditions May Change

FCP reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site. These terms and conditions were last revised on January 29, 2021.

1. Privacy Policy

Please refer to our privacy policy or information on how FCP obtains, uses and discloses personal information from its users.

2. Copyright and Limited Licenses

The entire content of the Website, including but not limited to text, graphics and code, is the property of Fitness Concepts and Partners Copyright 2021, Fitness Concepts and Partners ALL RIGHTS RESERVED. Everything you see and hear on this site (the “Content”), including, for example, all of text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the FCP logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of FCP or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include:

(a) any resale or commercial use of the Site or the Site Materials therein;

(b) the collection and use of any product listings, pictures or descriptions;

(d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof;

(e) use of any data mining, robots or similar data gathering or extraction methods;

(f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or

(g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of FCP, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

You may download, store, print, and copy selected portions of the Content of this site, provided you:

Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this site without first obtaining written permission from FCP Company.

3. Trademarks

All trademarks, service marks and trade names of Fitness Concepts and Partners used on the Website are trademarks or registered trademarks of Fitness Concepts and Partners in the U.S. and/or other countries. They may not be used without our prior express written permission. All other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.

4. Copyright Complaints

If you believe that anything on the Site infringes upon any copyright, which you own or control, you may file a notification of such infringement by contact agent set forth below.

Notification Should be sent to:

Email to Designated Agent: office@fitnessconceptsandpartners.com

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

5. Third-Party Links and Content

FCP may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. FCP does not monitor or have any control over any Third Party Content or third party Web sites. FCP does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. FCP does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk. These third-party web sites (and the web sites to which they link) may contain information that is inaccurate, incomplete, or outdated.

Your access and use these web sites (and the web sites to which they link) solely at your own risk.

6. Electronic Notices

By using the Website, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing

7. Use of Submissions and Unsolicited

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding, associated with, and/or for the Site, the FCP or FCP's products or services that are provided by you in the form of email or other submissions to FCP, or any postings on the Site, are non-confidential and shall become the sole property of FCP. FCP shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You agree that we are free to use any comments, information or ideas contained in any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.

8. Interactive Services or Areas

The Site may include blogs or other interactive areas or message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, materials or other items on the Site ("Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

a. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libellous, defamatory, obscene, indecent, lewd, suggestive, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;

d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

e. Unsolicited promotions, political campaigning, advertising or solicitations;

f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

g. Viruses, corrupted data or other harmful, disruptive or destructive files; and

h. Content that, in the sole judgment of FCP, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose FCP or its users to any harm or liability of any type.

FCP takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is FCP liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, FCP is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although FCP has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, FCP reserves the right and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

If you post Content to the Site, unless we indicate otherwise, you grant FCP and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any media. You grant FCP and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading, and (c) use and posting of the Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

9. Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to FCP, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to FCP.

10. Indemnification

You agree to indemnify, defend and hold Fitness Concepts and Partners, its officers, consultants, directors, employees, independent contractors, service providers and agents harmless from and against any third-party claims, damages, costs, liabilities, or cause of action, expenses (including, but not limited to), reasonable attorneys’ fees and court costs, arising, directly or indirectly, in whole or in part, related to, out of your use of the Website, inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against FCP and/or its independent contractors, service providers, employ or your violation of these Site Terms of Use, any law or the violation of the rights of any third party.

11. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY FCP, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FCP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. FCP DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FCP DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FCP IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE FCP ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, FCP CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by FCP

12. Limitation of Liability

IN NO EVENT SHALL FCP, ITS DIRECTORS, MEMBERS, EMPLOYEES, VOLUNTEERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS OR PRODUCTS CONTAINED OR FEATURED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FCP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FCP'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FCP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FCP FOR ACCESS TO OR USE OF THE SITE.

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL FCP Company, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF FCP Company OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FCP Company AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

13. Disputes

By using this web site, you consent to personal jurisdiction in the federal and state courts of Los Angeles, California for any action arising out of or relating to this Site or your use of this Site. The federal and state courts of Los Angeles, California shall have exclusive jurisdiction over all such actions. The laws of Los Angeles, California, without regard to choice of law provisions, shall govern your use of this Site. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Los Angeles, California (Los Angeles county). Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, or it shall be forever barred.

14. Applicable Law and Venue

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Los Angeles, California (Los Angeles county) and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

15. Termination

We reserve the right in our sole discretion to terminate or restrict your use of the Website, without notice, for any or no reason, and without liability to you or any third party.

16. Warranty Disclaimer & Liability

LIMIT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PRESENT THE WEBSITE “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We assume no liability or responsibility for any errors or omissions on the Website; any failures, delays or interruptions in the Website’s accessibility; any losses or damages arising from the use of the Website; or any conduct by other users of the Website. We reserve the right to deliver the Website in our sole and absolute discretion. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing may not apply to you. IN NO EVENT SHALL FITNESS CONCEPTS AND PARTNERS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.

17. Information on payments

The information contained in the Site is provided for informational purposes only and is not meant to substitute for the advice provided by your lawyer or tax advisor.

18. Health-Related Information

All clients receive PAR-Q – QUESTIONNAIRE, INFORMED CONSENT/LIABILITY WAIVER AND MUST PROVIDE MEDICAL CLEARANCE.

The information contained in the Site is provided for informational purposes only and is not meant to substitute for the advice provided by your medical doctor or other health care professional. You should not use the information available on or through the Site (including, without limitation, information that may be provided on the Site by healthcare or nutrition professionals employed by or contracting with FCP) for diagnosing or treating a health problem or disease or prescribing any medication. Information and statements regarding dietary supplements, nutritional guidance have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Before starting any exercise or nutritional program contact your medical provider or health professional.

19. General

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such provision. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and Fitness Concepts and Partners with respect to the subject matter hereof.

20. Termination

Notwithstanding any of these Site Terms, FCP reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent future your access to and use of the Site.

21. Entire Agreement

This Agreement constitutes the entire agreement between you and FCP Company with respect to your access to and/or use of this web site.

Cancellation & Refund Policy for Fitness Concepts and Partners (FCP)

Confirmed registrations with consult, clearance form, App access and client package are non-refundable. A refund will only be issued if a client has not been issued client package. Nutritional Guidance Packages (NGP) are non-refundable after receipt of NGP.

In the event that an FCP fitness specialist must cancel a private session due to inclement weather, or other unforeseen circumstances, clients will be notified of the cancellation by phone and email (in that order) with as much advanced notice as possible. The client will be offered the opportunity to re-register for a future private session at no additional charge, or will be entitled to a full refund of the registration fee.

Training/Private Session Policy

Training package registration will not be confirmed until registration is complete and billing information is received in full.
In order to cancel or reschedule a confirmed training session please submit an email request to office@fitnessconceptsandpartners.com
Please submit all cancellation requests within 24 hours prior to the scheduled session date in order to reschedule.
No shows and cancellations not made within the specified cancellation period will incur the full cost of session.

FCP reserves the right to cancel any training and/or training package due to insufficient enrollment and non-payment in advance of the scheduled session. Notice will be provided with the option to reschedule for a future session.

Merchandise Returns

Damaged or defective merchandise will be immediately exchanged with the same item within 30 days of receipt.
Returned items must be received within 30 days from the date of shipment. Items received after this date will not be accepted. All returned items must be in the original packing, and be in a marketable condition. All returned items must be sent to the address below. Shipping and handling will not be reimbursed. Customer’s will be responsible for shipping and handling for exchanges. Please allow 15 days to process your refund or exchange.
Plan Package materials (e.g., nutritional guides, workbooks) may not be returned after receipt of package material or confirmed App access.