Terms And Conditions

Welcome https://www.kyevans.com and www.members.groupfitnessacademy.org (our Sites).

This Site gives you an opportunity to browse and purchase products and services for fitness professionals offered by Call Me Trim tab LLC and High Performance Living LLC t/as Ky Evans, Group Fitness Academy by Ky Evans™ and High Performance Coaching (Ky Evans, we, us).

These Terms and Conditions (Terms) govern your use of these Sites, as well as Ky Evans’ products and services, and form a binding contractual agreement between you and us.

These Terms are important, and you should ensure that you read them carefully and contact Ky Evans at support@kyevans.com if you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
Ky Evans’ products and services are intended for people aged 18 and over.

ACCEPTANCE OF TERMS

  1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, or purchasing tickets to attend any Ky Evans’ Events, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
  2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at support@kyevans.comand immediately discontinue your use of the products and/or services.


GENERAL DISCLAIMER

  1. All Ky Evans’ products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
  2. Ky Evans’ provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
  3. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
  4. You acknowledge and agree that Ky Evans’, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

EARNINGS AND INCOME DISCLAIMER

  1. Ky Evans’ cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our products and/or services.
  2. Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.

REGISTERING YOUR DETAILS

  1. Before you purchase our products and/or services, you must register an account with us.
  2. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
  3. We may at any time request a form of identification to verify your identity.
  4. If you are a registered user or member to this Site, you acknowledge and agree that:
    • You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
    • You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
    • You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
    • You will immediately notify us if your Password is lost or becomes known to any other person
    • You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
    • Any information you provide to us for posting or inclusion in our Ky Evans’ Community, at any time, becomes our property.
  1. To the extent that you provide personal information, Ky Evans’ will treat such information strictly in accordance with its privacy policy
  2. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorized use of your registered details.
  3. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

YOUR OBLIGATIONS

  1. When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Ky Evans’ Community) or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Ky Evans’ Community any of the following:
    • Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
    • Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
    • Information that includes personal or identifying information about another person without that person’s consent.
    • Information that constitutes promotion or advertisement for groups, events or activities organized through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
    • Any information or content that impersonates any person or entity.
    • Any material, non-public information about companies without authorization to do so.
    • Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us)
  2. By posting or otherwise publishing Your Content on our Site or Ky Evans’ Community, you:
    • Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose;
    • Warrant that you have the right to grant the above licenses;
    • Warrant that Your Content does not breach these Terms; and
    • Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

18.  We reserve the right (but have no obligation) to:

    • Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
    • Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

CODE OF CONDUCT

  1. Our Site and Ky Evans’ Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
  2. Whilst using this Site and/or our Ky Evans’ Community, we ask that you not:
    • Contact anyone who has asked not to be contacted.
    • Collect personal data about other users for commercial or unlawful purposes.
    • Infringe other user’s privacy rights.
    • Violate the intellectual property of others.
    • Post anything that contains software viruses, worms or any other harmful code; or
    • Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
  3. Please see our Ky Evans’ Community Guidelines in the appendix to these Terms for more information.


CONFIDENTIALITY

  1. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Ky Evans’ product and/or services participants (Participants) and representatives of Ky Evans’.
  2. You agree:
    • That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
    • Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
    • That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us.
    • That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
  3. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.


COPYRIGHT AND TRADEMARK NOTICES

  1. All material on this Site, in our Ky Evans’ Community or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
  2. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
  3. Ky Evans, The Group Fitness Academy®, High Performance Coaching, The EnterTRAINment Project™, The Class Program Accelerator Course, Lemons to Lemonade Mini Course, The Celebrity Coach Project, The L.I.F.T. Method Certification, The Celebrity Coach Certification, The Studio Identity Project, Group Fitness Academy Inner Circle®, It’s Not a Workout, It’s An Experience™, Changing the World, One Body at A Time and Empower One to Change the Many are all registered and unregistered trademarks owned by Call Me Trim Tab LLC and are licensed exclusively to Ky Evans.
  4. The trademarks, logos, and service marks displayed on our Site are the registered and/or unregistered trademarks of Ky Evans. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Ky Evans, in any manner that is likely to cause confusion with customers, or in any manner that disparages Ky Evans.
  5. Nothing contained on this Site or in our Ky Evans’ Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.
  6. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Ky Evans will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

RIGHT TO SUSPEND, TERMINATE AND REFUND

  1. We reserve the right to suspend or terminate your use of the Site, the Ky Evans Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.
  2. Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our Ky Evans Community, whether accessed by you or not, unless we are in breach of the Federal Trade Commission Consumer Protection Laws.

FINANCIAL TERMS

  1. The cost, cancellation and refund, if any, details of our products and services are set out below:
Product or Service Recommended Retail Price (in US dollars)* Duration Cancellation Refund
The EnterTRAINment
Project™
$1,997 8 weeks n/a 30 day Coaching Guarantee**

 

The Class Program Accelerator Course $4,997 one payment
$1,999 x 3 payments =
$5,997 total
12 weeks n/a 30 day Coaching Guarantee
Lemons to Lemonade
Mini-Course
$197 1 day n/a n/a
The Celebrity Trainer Project $1,997 8 weeks n/a 30 day Coaching Guarantee
The Studio Identity Project $1,997 8 weeks n/a 30 day Coaching Guarantee

 

Trial Group Fitness Academy® Subscription
*Ky Evans will determine your eligibility in his sole discretion
$1 per month 7 or 14 days, or as otherwise specified on sign up. Any time, by you or us by email to support@kyevans.com

 

n/a
Group Fitness Academy® Monthly Membership $197 per month

 

Month to month Any time, by you or us by email to support@kyevans.com

 

n/a
Group Fitness Academy™ Subscription As stated on Site 12 months n/a n/a
Ky Evan’s HPC Elite Coaching Seminar a) $497; or
b) $1 to register/ hold seat then $496 payable after the training has been provided
3-4 hours n/a No refund for option (a).
For option (b), if you didn’t receive value, email support@kyevans.com within 24 hours after the training has been provided
Group Fitness Academy® Inner Circle Membership $197 per month (Foundation member) $297 per month Ongoing monthly until cancelled 30 days written notice required via email to support@kyevans.com** N/A
Annual Inner Circle™ Membership $1,775 for Foundation Inner Circle members, $1,997 for non-members 12 months N/A N/A
Ky Evan’s HPC Elite Coaching Workshop $1,497 for Annual Inner Circle members, $1,997 for Monthly Inner Circle Members, $2,997 for non-members 8-12 hours N/A If, after attending the morning session of the Coaching Day, you genuinely feel that you aren’t receiving value, contact a member of the Ky Evans’ team and hand back your workbook for a full refund of your ticket.

** 30 days’ notice is required because the training materials are provided in advance. We therefore need to ensure our costs are covered.

  1. If you qualified to receive a complimentary private consult with Ky Evans in the first 30 days after purchasing, attended your consult and then request a 30 Day Coaching Guarantee, you will be required to pay the $500 USD rate for your consult with Ky Evans. This amount will be removed from your refund return.
  2. Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of the Ky Evans team.
  3. Invoices for any Ky Evans’ program are automatically generated and can be requested at any time by emailing support@kyevans.com
  4. Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
    • You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
    • If payment is defaulted or not received, you authorize us to debit any outstanding funds from your nominated account without need for notification at a future date.
    • Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
  1. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
  2. We reserve the right to on-sell or otherwise authorize a debt-collection or other authorized agency to collect any amount not paid by you.
  3. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
  4. We endeavor to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
  5. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
  6. From time to time, Ky Evans may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.

GFA INNER CIRCLE, COACHING SEMINARS AND WORKSHOPS

  1. For the purpose of the paragraphs below, Group Fitness Academy Coaching workshops/retreats, Coaching Seminars, other presentations and retreats hosted by Ky Evans’ will be referred to as ‘Events’.
  2. Events are strictly adults only to ensure professionalism and a quiet working environment for all other attendees.
  3. Ky Evans reserves the right to exclude you from any Event should you, in Ky Evans’ sole determination, become disruptive.
  4. You understand and acknowledge that Ky Evans’ and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Ky Evans’.
  5. You hereby waive any and all legal rights you may have against Ky Evans’ in respect of Recordings of your participation in the event and grant to Ky Evans’ the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in color or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
  6. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
  7. You hereby release, discharge and agree to hold harmless Ky Evans’ from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
  8. You acknowledge and understand that you are not permitted to make any of your own Recordings at any Event, webinar or other in-person forum.
  9. In the unlikely event that Ky Evans’ cancels an Event, you will receive a full refund of the purchase price paid for the Event. Ky Evans’ will not reimburse any optional expenses including but not limited to flights and accommodation.
  10. The Event payment may be paid in one payment or on a monthly payment plan. The payment will be taken automatically from the nominated credit card on the same date of each month. Event tickets are non-refundable and a commitment to a payment plan is in place until the full payment is successfully completed. Event tickets are transferable via written notice to support@kyevans.com at least 14 days before the retreat date. The date of retreat tickets can be moved to a future retreat with 14 days written notice to support@kyevans.com before the original retreat date however future schedules cannot be confirmed and may be a number of months from the original date. There is a 10% change fee of the total retreat ticket that applies for changing the retreat date.
  11. Payments made by credit card will be automatically processed on the monthly due date. If the credit card bounces for any reason, attempts to charge will be made in the following days/weeks. If the card continues to bounce or rejects the payment, or if a charge-back is claimed by the client or their bank, the matter will be handled internally with written notice or transferred to a debt collection agency at your cost.
  12. At our discretion, the Ky Evans’ team may hand-pick a client to move from the 3 day retreat program into a more personalized one-on-one program that is conducted via Zoom and custom-builds. Zoom training and strategy sessions take place over a two week period (rather than 3 days) to ensure maximum results and customization of the funnel. Details on the program will be notified in writing and your acceptance will be confirmed before the program is transferred from the 3 day group retreat to the more intimate one-on-one personal program. No additional costs will be required for this change of program roll-out.
  13. Event tickets are not refundable but are transferrable via written notice to  support@kyevans.com up to 48 hours prior to the event. Pre-Prep Information will not be able to be sent out to the new attendee and it is the responsibility of the transferee to brief the new attendee of the day’s preparation.
  14. No-shows to the Events will be charged the deposit after the event regardless of the lack of attendance to cover the expenses invested to reserve their seat.
  15. VIP tickets for the post coaching event cost an additional amount per person. The VIP tickets are non-refundable but can be transferred to another fitness professional up to 48 hours prior to the event.


LIABILITY IS LIMITED

  1. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Federal Trade Commission’s Consumer Protection Laws.
  2. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Ky Evans’ Community or Our Content.
  3. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of or reliance upon this Site, Ky Evans’ Community or Our Content.
  4. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
    • Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
    • Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records.
    • Accessing websites or servers maintained by other organizations through links on our Site, Ky Evans’ Community or products or services. Links are provided for convenience only. We do not endorse linked websites, nor their products and services and you access them at your own risk.
    • The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

YOUR INDEMNITY

  1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Ky Evans’ Community or through use of our products or services.

AFFILIATE DISCLOSURE

  1. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our Ky Evans’ Community.

NO ASSIGNMENT

  1. You cannot transfer or assign your Ky Evans’ membership without Ky Evans’ prior written consent.
  2. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

DISPUTE RESOLUTION

  1. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
  2. In the case of claims against us, all notices are to be provided to support@kyevans.com.
  3. If the dispute is not resolved by agreement within ten (10) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further ten (10) business days or failing agreement within that period appointed by the executive director for the time being of JAMS.

Once a mediator is appointed, the parties agree that:

    • The costs of the mediator shall be borne equally between the disputing parties.
    • The chosen mediator shall determine the procedures for mediation.
    • The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
  1. If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
  2. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
  3. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
  4. This clause survives termination of these Terms.

APPLICABLE LAW

  1. These Terms shall be construed in accordance with and governed by the laws of United States of America and State of Nevada. You consent to the exclusive jurisdiction of the courts in Nevada to determine any matter or dispute which arises between us.

YOUR FEEDBACK

  1. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
  2. If you have questions or comments regarding this Site, or Ky Evans’ products or services, please email us at support@kyevans.com.

Company Details
Trading Name(s): Call Me Trim Tab LLC dba Group Fitness Academy™
and/or High Performance Living LLC dba High Performance Coaching
Country: United States of America
Telephone Number: 01 512 517 1190
Email: support@kyevans.com

APPENDIX
MEDICAL DISCLAIMERS

  1. Ky Evans strongly recommends that you consult with your physician before beginning any exercise program. You should be in good physical condition and be able to participate in the exercise. Ky Evans is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
  2. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Ky Evans from any and all claims or causes of action, known or unknown, arising out of Ky Evans.
  3. The information provided is not intended to be a substitute for professional medical advice, diagnosis or treatment.  Never disregard professional medical advice, or delay in seeking it, because of something you have read on this website.  Never rely on information on this website in place of seeking professional medical advice.
  4. Ky Evans (ky evans.com and groupfitnessacademy.org) is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site.  You are encouraged to consult with your doctor with regard to this information contained on or through this website.  After reading articles, watching videos or reading other content from this website, you are encouraged to review the information carefully with your professional healthcare provider.


COMMUNITY GUIDELINES

Fitness Professionals and Business owners of all levels are welcome here. We have community members of all skill and experience levels, from college students to entrepreneurs to multi-million dollar enterprises.

We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.

  • Fitness Professionals and Business owners of all levels are welcome here.
    We have members of all skill and experience levels, from college students to entrepreneurs to multi-million dollar enterprises.
  • Keep it respectful
    Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
  • No pitching to the group
    We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
  • No gated content
    Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.
  • Respect confidentiality
    Content gathered in our Ky Evans’ Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
  • Keep it on topic
    We reserve the right to remove posts based on off-topic content or offensive content.
  • Partnering with other members
    Access to this group does not mean that Call Me Trim Tab LLC dba Group Fitness Academy, High Performance Living LLC dba High Performance Coaching or Ky Evans’ endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.
  • Report posts that are breaking group policies
    Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.
  • Breaking the rules
    If you are deemed to be breaking the rules of the group, Call Me Trim Tab LLC t/as Ky Evans’ and or The Group Fitness Academy™ reserves the right to remove you from the Facebook group that the offending behavior has occurred within.

Group Fitness Academy™ and High Performance Coaching
DONE-FOR-YOU Class Programs TERMS & CONDITIONS

These terms contained within this Done-For-You Class Program Agreement together with our general terms and conditions and privacy policy available on our website (Agreement) govern the terms on which Call Me Trimtab LLC dba Group Fitness Academy and/or High Performance Living LLC dba High Performance Coaching (GFA, HPC, Ky Evans, we, us) agrees to provide the service (as defined below) to you as well as its related services and products (Services), and forms a binding contractual agreement between you and us.

This Agreement is an important legally binding document and you should ensure that you read carefully and contact us if you have any questions before purchasing any of our Services.

This Agreement constitutes the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings, apart from our general terms and conditions and privacy policy found on our website and which these terms also apply.

These Services are intended for people who can form legally binding contracts. If you do not qualify, please do not use our Services.

ACCEPTANCE OF TERMS

  1. You agree to be bound by this Agreement, which you acknowledge that you have read and understood when you:
    • provide us with instructions to commence with the Services; or
    • process or make payment of any amount for the Services; or
    • you return a signed copy of this Agreement; or
    • you give your acceptance either through signature or clickable agreement on kyevans.com and/or members.groupfitnessacademy.org  (Sites)
  2. We may change all or part of this Agreement at any time. If we do, the new terms and conditions will be posted on our Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Agreement, your only remedy is to contact us and immediately discontinue your use of the Services.

OUR SERVICES

  1. The Done-For-You Class Programs is a done-for-you setup by Ky Evans, Coaches at Group Fitness Academy and/or High Performance Coaching and is tailored for your business.
  2. You may sign up to engage Ky Evans to provide the Programs through either Site.
  3. Once you have accepted this Agreement, and subject to receipt of payment of any required fees, Ky Evans agrees to provide you with the Programs for use during the Duration of your membership.
  4. Our in-house coaches may also create class programs.
  5. You acknowledge and agree that we are not responsible for any additionally work after delivery of the programs to you and we may not provide any ongoing support after the delivery of the programs unless your particular agreement specifically includes it.  You are responsible from that point onwards including testing, teaching, client experience, and the results of the programs.
  6. The programs are not intended to be a substitute for professional medical advice, diagnosis, or treatment (see Appendix for Medical Disclaimers in General Terms and Conditions).
  7. We are also not responsible for any actions done by either you or your coaching staff during the Program Duration or at any point thereafter.
  8. You acknowledge and agree that you will watch, review and read all material provided upon delivery of the programs to you which will allow you to amend, edit, teach, test, use and maintain at your discretion.

DURATION OF SERVICES

  1. Unless otherwise agreed between the parties in writing, our Program will commence on date of execution of this agreement and will run for a duration of 30 days after the submission of the final required programs (Duration) provided that all the required information is provided to us in a prompt manner. Nothing in this clause prohibits the recovery of any outstanding fees payable by you to us.

FEES

  1. In consideration of us providing the Services to you, you agree to pay us the fees and any other charges for the Services in accordance with these terms.
  2. We offer the two following payment options:
    • 1 upfront payment of USD $4,997; or
    • 3 monthly payments of USD $1,999 for a total of USD$5,997.
  1. If you choose the 3 payments option then the first installment will be due up-front with each following payment due in equal monthly installments thereafter and will be deducted from your nominated credit card and:
    • you agree to ensure sufficient funds are available on your nominated credit card to meet any account withdrawals made by us on your scheduled due dates; and
    • if payment is defaulted or not received, you authorize us to debit those funds from your nominated credit card without need for notification at a future date.
  2. We reserve the right to on-sell or otherwise authorize a debt-collection or other authorized agency to collect any amount not paid by you.
  3. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
  4. Failure to make payment by the payment date may lead to suspension of use of our Services.
  5. All prices listed on the site are in US dollars.
  6. Payment of all fees must be made without set-off or counterclaim. All sums payable under this Agreement shall become due immediately on termination of this Agreement.

PERSONNEL AND SUBCONTRACTING

  1. You acknowledge and agree that we may provide the Services to you through a number of personnel and subcontractors. Unfortunately, due to the nature of work, we are unable to guarantee any specific personnel will be available to provide the Services and if necessary, we may need to vary or substitute the personnel providing the Services.

GENERAL DISCLAIMER

  1. All Services are intended for general education and information purposes only. It is intended for a general audience and does not purport to be, nor should it be construed as, advice or counseling tailored to any specific business or industry. Nothing on the Site, or any of the content provided to you by us during our provision of the Services, purports to offer legal, medical, tax, financial, marketing, automation, or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
  2. We are committed to providing all participants in the Program with a positive experience, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
  3. Nothing on the Site or any of Our Content or Services is a promise or guarantee of results or future earnings. Any information given is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically or to your business specifically. You understand that because of the nature of the program and extent, the results experienced by each client may significantly vary.
  4. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
  5. You acknowledge and agree that we, our directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time. Just to be clear, you are solely responsible for any actions you do or do not take directly or indirectly in connection with the Services. You are 100% responsible for your progress and results from the Services.
  6. You acknowledge and agree that use of the Services is solely at your own risk. We provide our Services on an “as-is” and “as available” basis and whilst every effort is taken to ensure Our Content and the Site is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of Our Content and the Site for any purpose. Subject to the other terms of this clause and to the maximum extent permitted by any applicable laws, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in this Agreement, including our general terms and conditions and privacy policy available on our website.


EARNINGS AND INCOME DISCLAIMER

  1. We cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or fitness activity and agree there is no guarantee that you will earn any money or reach your fitness, financial or any other goals as a result of your purchase of or participation in our Services.
  2. Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our Services are illustrative of concepts only and should not be considered as promises for actual or future performance.

YOUR OBLIGATIONS

  1. During the provision of the Services you must:
    • give your full attention to the Services during this time;
    • complete all activities required by us promptly;
    • be respectful to our staff and other participants of the Program;
    • keep us informed of any medical health or personal circumstances that may interfere with the Services;
    • be responsible for your own results, which includes complying with reasonable directions, and using your program benefits (including templates and guides, videos and spreadsheets); and
    • honor the relationship between you and us, by being direct, truthful and open so we can work together.
  2. You acknowledge and agree that if you breach any of our Terms or become disruptive, abusive or difficult to work with, we reserve the right to limit, suspend or terminate this Agreement without refund or explanation.

CONFIDENTIALITY

  1. We respect your confidential and proprietary information, logins, database contact information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our Services, you agree to respect the same rights of the other participants in the Program (Participants) and the rights of Ky Evans and its representatives.
  2. You agree:
    • that any Confidential Information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;
    • not to disclose such information to any other person or use it in any manner other than in discussion with Participants;
    • that all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us;
    • that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
  3. While you are free to discuss your personal results from our Services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
  4. You grant us the right to disclose Confidential Information provided that such information is de-identified or where you provide us with your consent.

COPYRIGHT AND TRADEMARK NOTICES

  1. All material delivered by us to you in the Program including (but not limited to) content, documents, templates, text, videos, graphics and information architecture (Our Content), is subject to copyright.
  2. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Otherwise, all materials and information provided to you by us are confidential and our intellectual property and may only be used by you as authorized by us.
  3. The reproduction, distribution or sale of any of the materials provided by us under this Agreement is strictly prohibited.
  4. Modification of Our Content for any other purpose is also a violation of our copyright, trademarks (whether registered or unregistered) and other proprietary rights and is strictly prohibited.
  5. You acknowledge that you do not acquire any ownership rights by using Our Content.
  6. The Content of this Program is centered around copyrighting training. All materials, including but not limited to procedures, policies, standards, manuals and teaching aids have been or will be provided by us or our facilitators, are for your individual use only and are not to be distributed, sold or reproduced in any way. You acknowledge and agree that we are not responsible for any errors or omissions that may appear in any of those materials.
  7. Our intellectual property may not be used in connection with any product or service that does not belong us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
  8. Nothing contained on the Site or provided in our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.
  9. You agree that damages may be an inadequate remedy to a breach of this Agreement and acknowledge that we will be entitled to seek injunctive relief against you if such steps are necessary to prevent violations of our intellectual property rights.
  10. You hereby consent to the use of your name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, digital print media and the Internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. Your consent is granted to Ky Evans and extends to such use without restriction or limitation as to time or geographic boundary.
  11. You hereby waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by Ky Evans for any product and/or service in connection with such use and publication. The participant also waives any right to inspect, review or approve any photograph, recording, or other written material at any time, and waives the right to approve the use and medium of publication determined by Ky Evans.
  12. You understand that Ky Evans owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.

RIGHT TO SUSPEND & TERMINATE

  1. We reserve the right to suspend or terminate this Agreement, or our Services generally, without refund or forgiveness of payments if you become disruptive to us or Participants, you fail to follow the Program guidelines, you are difficult to work with, you impair the participation of the other Participants in the Program or you breach any terms of this Agreement, as determined by us in our sole discretion.

NO REFUNDS OR CANCELLATIONS

  1. To the extent permitted by law, irrespective of whether you are absent or withdraw from the Services prior to the expiry of the Duration, refunds are not provided for Services, including where you have been given access to Our Content whether accessed by you or not.
  2. You acknowledge and agree that you waive all rights to attempt to charge-back any amounts paid under this Agreement with your nominated credit card provider.

LIABILITY IS LIMITED

  1. The disclaimers, liability limitations and indemnities within this Agreement do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Federal Trade Commission Consumer Protection Laws.
  2. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of the Services, our Site, or Our Content.
  3. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of or reliance upon the Services, the Site, or Our Content.
  4. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
    • reliance on the completeness, accuracy, suitability or currency of information, Services irrespective of any verifying measures taken by us (including third party material and advertisements);
    • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;
    • accessing websites or servers maintained by other organizations through links on our Site, or Services. Links are provided for convenience only. We do not endorse linked websites, nor their products and services and you access them at your own risk; and
    • the use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

YOUR INDEMNITY

  1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, Services or any breach by you or your agents of this Agreement. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, or through use of our Services.

AFFILIATE DISCLOSURE

  1. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from the Site.

NO ASSIGNMENT

  1. You cannot transfer or assign this Agreement without our prior written consent.
  2. We may assign or transfer our obligations under this Agreement at any time, subject to giving you one (1) weeks prior notice in writing.
     

DISPUTE RESOLUTION

  1. If a dispute arises between the parties in relation to this Agreement, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
  2. In the case of claims against us, all notices are to be provided to us in writing.
  3. If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of JAMS.
  4. Once a mediator is appointed, the parties agree that:
    • the costs of the mediator shall be borne equally between the disputing parties;
    • the chosen mediator shall determine the procedures for mediation; and
    • the chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
  5. If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
  6. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
  7. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
  8. This clause survives termination of this Agreement.

APPLICABLE LAW

  1. This Agreement shall be construed in accordance with and governed by the laws of The United States of America and the State of Nevada. You consent to the non-exclusive jurisdiction of the courts in the State of Nevada to determine any matter or dispute which arises between us.

YOUR FEEDBACK

  1. We welcome enquiries or feedback on the Program. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
  2. If you have questions or comments on our Services, please contact us. All rights reserved. support@kyevans.com