WHOLEFITSOLUTIONS.COM and WHOLEFIT SOLUTIONS LLC TERMS AND CONDITIONS

Please read these Terms and Conditions carefully and in their entirety before using wholefitsolutions.com (hereinafter referred to as the “Site”). The Site and its content are owned and operated by WholeFit Solutions LLC (“Company,” “We,” “I,” “Our,” or “Us”)

PURPOSE: These Terms and Conditions (“Terms”) are here to clearly explain and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or accessing, browsing, purchasing, or downloading any course, program, service, or product offered on or by Us or the Site. By using the Site, you acknowledge and agree to be bound by these Terms.

IMPORTANT NOTES:

By using the Site in any capacity, you voluntarily acknowledge and agree to these Terms and Conditions. You confirm that you have read, understood, and consented to them. If you have any questions, please contact us at kamber@wholefitsolutions.com.

You must be at least 18 years old and capable of consenting to these Terms and Conditions. If you are under the age of 18, or you do not agree with these Terms and Conditions as stated herein, please STOP now and do not use this Site or its content. By continuing to use the Site, you agree to the Terms and Conditions as stated herein, regardless of whether or not you have read these Terms and Conditions.

These Terms and Conditions contain an Arbitration Clause that requires you to dispute or resolve any claim with Us through binding Arbitration. By agreeing to these Terms and Conditions, you consent to the Arbitration Clause in Section 18 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

1. Definitions

“Company,” “We,” “I,” “Our,” or “Us” means WholeFit Solutions LLC and its website, www.wholefitsolutions.com.

“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Kamber McCormick or WholeFit Solutions, LLC and any and all written or downloadable material purchased, viewed, or otherwise offered by WholeFit Solutions LLC, and/or on wholefitsolutions.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, guides, programs, templates and educational materials.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. Examples include, but are not limited to, your name, address, email address, telephone number, and any information you voluntarily provide through forms or communications with us. For more detail on how we handle Personal Information, please refer to our Privacy Policy.

“Site, Courses, Services, and/or Products” means wholefitsolutions.com, the Content (as defined herein), email newsletters, social media posts, blog posts, coaching services fitness and nutrition programs, guides, eBooks, forms, worksheets, workbooks, webinars, and any other materials, templates or offerings available through the Site.

“Site” means wholefitsolutions.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

“You” or “Your” means the user, customer, or viewer of the Site.

2. Consent

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms and Conditions, our Privacy Policy, and our Disclaimer.

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms and Conditions, our Privacy Policy, and our Disclaimer.

3. Site Rules

By using the Site and/or making any Purchase, you hereby agree and consent not to:

Abuse, harass, or intimidate any person through or on the Site.
Post, upload, or transmit any obscene, defamatory, pornographic, unlawful, offensive, or abusive content, including content that infringes on our intellectual property rights or those of another person, website, or company.
Use the Site for any unlawful purpose or in violation of any applicable federal, state, or local law, or any international law or regulation.
Post or transmit unsolicited messages, advertisements, “spam,” or any form of mass communication.
Upload or share copyrighted materials, images, videos, or other content that you do not own or have permission to use.
Use the Site to promote or sell your own content, services, or products, or those of another person or entity, without our prior written consent.
Copy, reproduce, distribute, or transmit our Content or intellectual property in any manner that violates these Terms and Conditions or applicable intellectual property laws.
Interfere with, damage, or disrupt the Site’s functionality, servers, or networks.
Use any automated system or software (including bots, crawlers, or scrapers) to access or extract data from the Site without authorization.
Share, distribute, or otherwise make available any coaching materials, training guides, digital downloads, or program content outside of authorized platforms (such as Everfit or private client groups) without our express written consent.

We reserve the right to terminate or restrict your access to the Site if you violate these rules or engage in conduct that we determine, in our sole discretion, to be inappropriate, unlawful, or harmful to others.

You may share publicly available materials from the Site, such as blog posts or articles, for personal, non-commercial purposes, provided you credit WholeFit Solutions LLC and include a link back to the original source. You may not reproduce or distribute our Content for commercial use without prior written permission.

4. DISCLAIMER

By using this Site, you understand and acknowledge that WholeFit Solutions LLC and its representatives are Certified Personal Trainers (NASM-CPT) who provide fitness coaching and general nutrition education.

We are not licensed medical professionals, physicians, registered dietitians, or licensed nutritionists, and we do not diagnose, treat, or prescribe for any medical or mental-health condition. The information and guidance provided on this Site, or through our programs and services, are intended to support your personal health, fitness, and wellness goals and are not a substitute for medical advice, diagnosis, or treatment.

You are solely responsible for consulting with your physician or other qualified healthcare provider before making any changes to your diet, exercise regimen, supplement use, medications, or lifestyle. You must discuss and clear any changes with your physician or qualified medical professional prior to implementing any information or suggestions found on this Site. You agree to provide accurate and complete health and personal information and to promptly notify WholeFit Solutions LLC of any changes to your physical condition or medical history. You agree to follow all safety instructions and program guidelines provided, understanding that failure to do so may increase your risk of injury.

All content provided by WholeFit Solutions LLC—including exercise programs, nutritional guidance, blog posts, downloads, videos, and other educational resources—is offered to support general health and fitness and does not establish a coach–client relationship unless a separate written Coaching Agreement has been executed.

Participation in any activity or use of any information from this Site is at your own risk. WholeFit Solutions LLC and its representatives disclaim any and all liability for injuries, conditions, losses, or damages that may result, directly or indirectly, from the use or misuse of information provided on this Site.

WholeFit Solutions LLC’s coaching and wellness services are educational and fitness-based in nature and are not covered by health or medical insurance. Clients are solely responsible for all costs associated with participation in programs, including any related equipment, subscriptions, or third-party platform fees.

WholeFit Solutions LLC is not responsible for any technical issues, interruptions, or data errors arising from third-party platforms used to deliver coaching services, including but not limited to Everfit, Stripe, or other integrated software.

5. Your Consent to These Terms and Conditions

By using this Site, or by accessing, purchasing, or downloading any of our Courses, Services, and/or Products, you voluntarily acknowledge and agree to be bound by these Terms and Conditions as stated herein.

6. Changes To These Terms and Conditions

We may update or revise these Terms and Conditions from time to time to reflect changes in our business practices, services, or applicable laws. When updates are made, the “Updated On” date at the bottom of this page will reflect the most recent revision.

We encourage you to review these Terms and Conditions periodically so that you remain informed of any updates. By continuing to use this Site after updates are posted, you acknowledge and agree to the revised Terms and Conditions.

If you do not agree with the current Terms and Conditions, please discontinue use of the Site and refrain from accessing its Content or purchasing any products or services.

7. Links to Third-Party or External Websites

This Site may contain or include links to third-party or external websites. These links are provided solely for your convenience and may direct you to sites that contain additional or related information.

Please note that we are not responsible or liable for the content, accuracy, or practices of any third-party or external website, including their handling of your personal information. We do not endorse, warrant, or guarantee the offerings of any third parties or the content of their websites.

You are solely responsible for reviewing and agreeing to the terms and privacy policies of any third-party or external website you visit. Accessing such websites is entirely at your own discretion and risk.

8. Intellectual Property Ownership

This Site and all of its Content—including but not limited to text, graphics, logos, images, videos, digital programs, downloadable content, and other materials—are the exclusive intellectual property of WholeFit Solutions LLC and are protected by United States and state copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, modify, create derivative works from, or otherwise use any part of the Site or its Content without prior written consent from WholeFit Solutions LLC.

Any unauthorized use of the Site or its Content constitutes infringement and will be legally pursued to the fullest extent permitted by law.

9. Our Limited License to You

If you view, access, or purchase any portion of our Site, Courses, Services, or Products, you are considered a Licensee under a limited, revocable, non-exclusive, non-transferable license (“License”).

As a Licensee, you acknowledge and agree that the Site, Courses, Services, and Products have been developed by WholeFit Solutions LLC through substantial investment of time, money, education, and professional expertise. These materials are valuable to us both personally and professionally, and we take their protection seriously.

You may use the Site, Courses, Services, and Products only for your own personal, non-commercial use. You may not copy, share, distribute, modify, or otherwise use any part of our materials in any manner that is unauthorized, improper, or in violation of these Terms and Conditions, our Privacy Policy, or U.S. intellectual property laws, unless you have received prior written authorization from us.

10. Your License to Us

By commenting publicly on our Site or social media pages, or by voluntarily submitting feedback, testimonials, or other content to WholeFit Solutions LLC, you confirm that you are the lawful owner of the materials you share and that your submission does not infringe upon the rights of any third party.

You grant WholeFit Solutions LLC permission to use, quote, reference, or make minor edits (such as for length, clarity, or format) to such public comments or submissions for legitimate business purposes, such as sharing testimonials or improving our services.

Any personal information or materials submitted through private channels (such as contact forms, applications, or client intake forms) will be treated as confidential and will not be used publicly without your express written consent.

11. Purchase and Access Terms

When you purchase, access, or download materials from the Site, Courses, Services, and/or Products—including any materials delivered through third-party platforms such as Everfit — you agree not to distribute, copy, forward, or share any materials in a way that violates these Terms and Conditions.

You also agree to take reasonable precautions to prevent unauthorized access to your purchased materials, including, but not limited to, safeguarding any login information or passwords associated with your account.

Access to coaching materials, programs, and related content may be provided through third-party platforms (e.g., Everfit). While these platforms facilitate delivery of your program, all content remains the sole property of WholeFit Solutions LLC.

We take the protection of our intellectual property seriously. Unauthorized sharing, reproduction, or distribution of our materials may result in suspension of access and, if necessary, legal action to protect our rights.

12. Sharing the Site and Its Content

You may share links to our Site or its publicly available Content (such as blog posts, articles, or social media materials) for personal, non-commercial purposes, provided that you clearly credit WholeFit Solutions LLC and include a link back to the original source.

You may not copy, reproduce, distribute, or otherwise use our materials—including programs, guides, training resources, or downloadable content—for commercial purposes without prior written permission from us at kamber@wholefitsolutions.com.

You may not imply any partnership, sponsorship, or endorsement by WholeFit Solutions LLC when sharing or referencing our Content. All copyrights and ownership remain with WholeFit Solutions LLC.

13. No Claims Made Regarding Results

Any testimonials, statements, or examples shared by WholeFit Solutions LLC or its clients are provided for informational and illustrative purposes only. They are not guarantees or promises that you will achieve the same or similar results.

Each individual’s circumstances—including effort, consistency, health history, and personal commitment—are unique. Therefore, you acknowledge that your results will depend on many factors beyond the control of WholeFit Solutions LLC. Nothing on this Site or within our programs shall be interpreted as a guarantee of specific outcomes, success, or results.

14. DISCLAIMER - No Warrantees, Guarantees, or Representations

All materials, products, and services provided through the Site are offered on an “as is” and “as available” basis. WholeFit Solutions LLC makes no warranties of any kind, either express or implied, regarding the Site, its Content, Courses, Services, or Products—including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee that your use of the Site or any materials will be uninterrupted, error-free, or free of viruses or other harmful components. To the fullest extent permitted by law, WholeFit Solutions LLC disclaims all warranties, representations, and guarantees, whether express or implied.

15. Your Release of Us

By using this Site or purchasing, downloading, or participating in any Courses, Services, or Products provided by WholeFit Solutions LLC, you agree to release and hold harmless WholeFit Solutions LLC and its employees, agents, contractors, and affiliates from any and all claims, demands, damages, or actions arising from or related to your participation in, or use of, any information or materials provided.

This release includes all claims for injuries, losses, or damages—whether known or unknown—that may result directly or indirectly from your use of the Site or any related materials, programs, or services, to the fullest extent permitted by law.

16. Errors and Omissions

WholeFit Solutions LLC makes every effort to provide accurate and up-to-date information on this Site and through our services. However, we do not warrant or guarantee that all information is free from errors, omissions, or inaccuracies, or that it will always be current. We reserve the right to correct any errors or update information at any time without prior notice.

You are responsible for verifying any information obtained from this Site or our services before relying on it. We encourage you to exercise due diligence, seek professional advice when appropriate, and confirm that any information you act upon is accurate and applicable to your personal circumstances.

17. Refund Policy

All sales made through the Site are final. Due to the customized and time-based nature of our coaching programs and services, payments are non-refundable once access to materials or coaching has been granted.

In rare and exceptional circumstances—such as verified medical emergencies or other extenuating situations—WholeFit Solutions LLC may, at its sole discretion, offer a one-time credit toward a future program or service. Such credits are non-transferable and must be used within six (6) months of issuance unless otherwise agreed upon in writing.

If you have any questions or concerns about your purchase, please contact Kamber McCormick at kamber@wholefitsolutions.com so we can assist you.

18. ARBITRATION CLAUSE

If you have any questions, complaints, or disputes regarding the Site or any Courses, Services, or Products provided or offered by WholeFit Solutions LLC, please contact Kamber McCormick first at kamber@wholefitsolutions.com so that we can attempt to resolve the matter in good faith.

If the dispute cannot be resolved informally, both you and WholeFit Solutions LLC agree to participate in non-binding mediation with a mutually agreed-upon mediator located in Maricopa County, Arizona.

If the dispute remains unresolved after mediation, it will proceed to binding arbitration administered by the American Arbitration Association (“AAA”), in accordance with its applicable rules. If the parties cannot agree on a single arbitrator, each party will appoint one, and the two appointed arbitrators will jointly select a third neutral arbitrator.

By agreeing to these Terms, you acknowledge and understand that you are waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Any arbitration hearing shall take place within 15 miles of Gilbert, Arizona, and the arbitrator’s decision will be final and binding.

Each party will bear its own attorneys’ fees and costs related to the arbitration and will share the arbitrator’s fees equally. The arbitrator has no authority to award punitive, consequential, or exemplary damages, or any relief beyond what is expressly allowed under these Terms.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and may be entered in court in the State of Arizona. The sole and exclusive remedy for any dispute shall be a refund of the amount actually paid to WholeFit Solutions LLC for services not yet rendered.

This Agreement is governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws provisions.

19. Governing Law

These Terms and Conditions, and any dispute arising out of or relating to them, shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles.

20. Consent to Jurisdiction

You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona, for any matter that is not subject to binding arbitration under these Terms and Conditions.

This provision ensures that any disputes, actions, or proceedings arising out of or relating to your use of the Site, Courses, Services, or Products will be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles.

These Terms, along with our Privacy Policy and Disclaimer, govern your use of this Site and related services.

21. Consent to Service

You hereby irrevocably agree that legal process may be served on you in any manner authorized by the laws of the State of Arizona, and you waive any objection to service of process made under those laws.

22. Payment and Purchases

All coaching services and programs offered by WholeFit Solutions LLC must be paid in full prior to the start of services. You may complete payment through the invoice or payment link provided by WholeFit Solutions LLC, which is processed securely through Stripe or another authorized payment processor. Once payment has been received and confirmed, you will receive an electronic receipt for your records.

Because all programs are customized and time-based, payments are non-refundable once access to coaching materials, communication channels, or training services has been granted. Clients who fail to submit full payment prior to the scheduled start date will not receive program access until payment is complete.

In the event a payment method fails prior to the start of the program, WholeFit Solutions LLC may make up to three attempts to process payments within 24-hour intervals. If payment is not successfully made within this grace period, access to the program and coaching services may be suspended until payment is successfully processed. Clients remain responsible for the full amount owed under the agreed-upon purchase.

You agree not to dispute or initiate chargebacks for any payment once services have begun. Any payment disputes or concerns must be directed to WholeFit Solutions LLC at kamber@wholefitsolutions.com so that the matter can be reviewed and resolved in good faith.

Payment processing platforms, such as Stripe, operate under their own terms and privacy policies. WholeFit Solutions LLC is not responsible for payment processor actions, errors, or technical issues that may affect your payment. By completing your purchase, you acknowledge and accept the payment terms set forth in your Coaching Agreement and these Terms and Conditions. WholeFit Solutions LLC will not be liable for any losses or damages arising from payment processing errors or third-party platform issues.

23. Assumption of Risk

You acknowledge and understand that participation in physical activities, including but not limited to fitness coaching, exercise programs, and nutritional guidance, involves inherent risks. These risks may include but are not limited to injury, illness, physical exertion, or accidents. You voluntarily assume all risks associated with your participation in any coaching program, service, or activity offered by WholeFit Solutions LLC.

By engaging in coaching services, you agree to accept full responsibility for any injuries, health complications, or damages that may occur as a result of your participation, and you release WholeFit Solutions LLC, its coaches, employees, and agents from any liability for such risks.

24. Limitation of Liability

To the fullest extent permitted by law, you agree that the total liability of WholeFit Solutions LLC and/or its coaches for any claim arising out of or relating to these Terms and Conditions, including any acts of negligence, — including but not limited to claims related to fitness coaching, nutrition coaching, or any associated educational or wellness services—shall be limited to the amount paid by you for services not yet rendered.

WholeFit Solutions LLC is not responsible or liable in any way for any loss, injury, harm, or damages you may experience, directly or indirectly, from your participation in coaching services or your use, purchase, or download of any program materials, information, or recommendations provided through our Site, Courses, Services, or Products. We do not assume liability for injuries, damages, or losses resulting from your actions, misuse of information, failure to act, or failure to follow provided guidance.

Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for any claim of negligence, breach, or failure to perform by WholeFit Solutions LLC shall be a refund of the amount paid for such service or product.

In no event shall WholeFit Solutions LLC or its coaches be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, even if advised of the possibility of such damages.

25. Defense and Indemnification, and Waiver of Liability

You agree to indemnify, defend, and hold harmless WholeFit Solutions LLC, Kamber McCormick, and their employees, agents, representatives, affiliates, contractors, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising out of or related to your participation in any program, service, or activity offered by WholeFit Solutions LLC, or your use of any associated materials, including but not limited to training plans, nutritional guidance, or use of the Everfit app.

This includes, without limitation, any claims for personal injury, illness, or death, as well as accidents, property damage, or other losses that occur during or following participation in coaching or training sessions—whether supervised or unsupervised. You acknowledge that participation in physical training and implementation of nutrition or lifestyle recommendations involves inherent risks, including the risk of serious injury or death, which you voluntarily assume.

You further agree that WholeFit Solutions LLC and its representatives shall not be held liable for any injury, illness, damages, or losses resulting from your failure to disclose relevant health information, follow medical advice, or adhere to program modifications. You understand that you are solely responsible for monitoring your own physical condition and seeking medical advice before, during, and after participation.

In addition, you agree to indemnify and hold harmless WholeFit Solutions LLC and Kamber McCormick from any and all claims, actions, or proceedings:

(a) brought by a third party or by WholeFit Solutions LLC and/or Kamber McCormick;

(b) arising out of your breach of these Terms and Conditions, the Privacy Policy, or the Coaching Agreement;

(d) based on any alleged negligence or misconduct by WholeFit Solutions LLC or its representatives, except to the extent caused by gross negligence or willful misconduct.

26. Termination of Your Use

WholeFit Solutions LLC reserves the right, at its sole discretion, to terminate or suspend your access to any coaching services, digital materials, or related content if you violate, abuse, or breach any of these Terms and Conditions, the Privacy Policy, Disclaimer, or Coaching Agreement. WholeFit Solutions LLC also reserves the right to refuse or terminate service to any client, at any time, for any reason, including but not limited to non-payment, inappropriate behavior, or conduct that interferes with the safe and respectful operation of coaching programs.

If termination occurs, you will remain responsible for any outstanding payments or obligations incurred prior to termination. WholeFit Solutions LLC also reserves the right to deny future access to its programs or materials in the event of repeated or intentional violations.

27. Modification of Terms

WholeFit Solutions LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice. Updates take effect immediately upon posting on our website. Your continued use of the Site or participation in our services after updates are posted constitutes acceptance of the revised Terms.

28. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Disclaimer, and Coaching Agreement, constitute the entire agreement between you and WholeFit Solutions LLC regarding your participation in any coaching programs, services, or related materials. These documents collectively supersede all prior or contemporaneous communications, proposals, or agreements, whether electronic, oral, or written, between you and WholeFit Solutions LLC with respect to the services provided.

In the event of any conflict between these Terms and Conditions and the Coaching Agreement, the Coaching Agreement will govern for matters specific to the coaching relationship.

29. Severability

The provisions of these Terms and Conditions are severable. If any paragraph, section, subsection, sentence, or clause of these Terms and Conditions is held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect.

30. Your Privacy and Security on the Site

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using this Site or participating in any program or service offered by WholeFit Solutions LLC, you acknowledge and agree to the terms of our Privacy Policy.

You understand that communication through email, text, video conferencing, or other online platforms may not always be secure. By engaging in coaching or using the Site, you accept the inherent confidentiality risks associated with electronic communication.

Information shared by clients during coaching sessions will be treated as confidential and will not be disclosed to third parties without the client’s consent, except where required by law or necessary to prevent harm.

31. Contact Us

If you have questions or concerns regarding these Terms and Conditions, you may contact us using the following information:

WholeFit Solutions LLC

Website: wholefitsolutions.com (see contact form)

Mailing Address: 1365 South La Arboleta St. Gilbert, AZ 85296

Email: Kamber McCormick at kamber@wholefitsolutions.com

Updated on 11/12/2025