Terms and Conditions & Payment Policy
Terms and Conditions & Payment Policy
The terms and conditions below apply to all coaching and training services provided by Kimberley Dashiell (“the coach”), to any individual (“the client”) and constitute the contract for the service to be provided by Kimberley Dashiell for the client.
In the spirit of good practice, when you are purchasing coaching services from me, it is required that you confirm that you have read and agreed to each statement below, and that you wish to proceed.
All coaching services and communication, email or otherwise, delivered by Kimberley Dashiell or my team, as well as information on social media or the website (kimberleydashiell.com) are meant to help you gain physical strength and flexibility in your body. Fitness coaching is not a substitute for medical care, so please check with your doctor before starting any new exercise program.
Coaching Disclaimer
When you participate in fitness coaching with me, you acknowledge the following:
You understand and agree that the coaching services you will be receiving from your Coach are not offered as a substitute for medical care and are not intended to diagnose, treat, or cure any medical conditions.
You understand and agree that you are fully responsible for your well-being during your coaching sessions, and subsequently, including your choices and decisions.
You understand that all comments and ideas offered by your Coach are solely suggestions, and that you are responsible for setting limits for your own body when doing any workouts offered.
You have the ability to give your informed consent, and hereby give such consent to your coach to assist you in achieving basic fitness goals, and understand that results are not guaranteed.
You understand that coaching is not a substitute for medical advice or medical treatments.
SMS Terms and Conditions
Kimberley Dashiell Fitness and its affiliates (“We” or “Us”) are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these SMS Marketing Terms and Conditions (the “Terms”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US.
User Opt In: Program allows users to receive SMS/MMS mobile messages or other marketing and informational communications by opting into the Program, such as through online or application-based enrollment forms or by texting a keyword to one of our phone numbers (such as a traditional 10-digit phone number or a toll-free number) or “short codes” (a 5 or 6-digit number that We use to exchange SMS/MMS with you), to which you may need to respond to confirm your opt-in. Regardless of the opt-in method you used to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive text messages, including automated text messages, at the phone number associated with your opt-in, and you understand that consent to these terms is not required to make any purchase from Us. While you consent to receive messages and calls sent using an autodialer, this shall not be interpreted to suggest or imply that any of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”), and you and We agree that the system we use to send Our messages is not an ATDS.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to these Terms, you agree to reply STOP, UNSUBSCRIBE, REMOVE, CANCEL, END, QUIT, OPT OUT or ARRET to any mobile message from Us to opt out of the Program. You may receive one additional mobile message confirming your decision to opt out. You understand and agree that these opt-out options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Support Instructions: For support regarding the Program, text “HELP” in reply to the message you received from Us, or send Us an email at [email protected]. For further opt-out support, please contact our SMS platform provider, SlickText, at [email protected].
Cost and Frequency: Although We do not charge you for our messages, message and data rates may apply from your wireless carrier. The Program involves recurring mobile messages, which may vary in frequency based on, among other factors, your level of interaction with Us.
MMS Disclosure: The Program will attempt to send SMS MTs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be always available in all areas and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
SMS/MMS Privacy Policy: We respect your privacy. We will use information you provide to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, any companies who engage Us to promote their goods and services to you, and other vendors who assist Us in the delivery of mobile messages. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies. This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.
Privacy Policy
When you purchase products from Kimberley Dashiell Fitness, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address for internal use. We do not sell your personal information.
Email marketing (if applicable): With your permission, we may send you emails with announcements, updates, schedule changes, sales and other updates.
Disclosure
We may disclose your personal information if we are required by law to do so, or if you violate our Terms of Service.
Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Changes To This Privacy Policy
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
Use of Testimonials
Client hereby allows for Kimberley Dashiell Fitness to utilize any and all of Client’s testimonials that Kimberley Dashiell Fitness find strategic and useful for their business. Kimberley Dashiell agrees to remove personal information like name and photo.
Payment and Refund Terms
Fees will be paid online by debit or credit card. If you need assistance changing your credit or debit card, please contact us at [email protected]
Receipts and/or invoices are available, they will be sent by email.
Please allow 5 days for our team to respond to any and all requests.
Monthly Membership Payment Terms: Fees for all monthly memberships (such as The Experiment) are payable monthly unless the client cancels 5 days before their next billing cycle.
Client must cancel membership 5 days before the bill cycle by emailing [email protected]
There are no refunds once a payment has been made.
Program Payment Terms: Fees for all program payments (such as Body School) will be billed monthly on or near the same date each month, for the number of months specified in the program and payment description, using the credit or debit card you signed up with. There are no refunds or cancellations.
Pay in full is available, please inquire.
A credit toward the next round, or another program can be issued in a verified case of extended illness or serious injury. A doctors note may be required. Contact team to apply for this exception at [email protected]
There are no refunds or cancellations once a payment has been made. It is expected that your program will be paid in full before the last day of the program.
Declined Payments: If a payment has been declined our payment processor will automatically try your payment again after 3 days, 5 days and then 7 days. After the third attempt, we will remove you from all aspects of the program you are enrolled in, and further action will be taken to collect this debt.
The days I take off each year are:
New Years Day, Easter, Mother's day, 4th of July, 1-week summer break, Labor Day, Thanksgiving Day, December 24-26.
If any of these days fall on a day we have class, the class will be cancelled.
Contact Us
If you have any questions, concerns or complaints, please contact us:
By email: [email protected]
