NewTrek Fitness & Nutrition - Terms of Service

Effective Date: July 21, 2020

1. Introduction

Welcome to NewTrek Fitness & Nutrition ("NewTrek Fitness", “NewTrek”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of our websites, mobile applications, online programs, and all related services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services.

2. Eligibility

You must be at least 18 years old to use our Services. By registering or using our Services, you represent that you are at least 18 years old and legally capable of entering into this agreement. Individuals under 18 entering any of our military service preparation programs must obtain written consent from a parent or legal guardian.

3. Description of Services

NewTrek Fitness provides digital fitness coaching, nutrition guidance, online training plans, wellness programs, and related resources. These may include, and are not limited to:

• Personalized or group coaching programs

• Custom meal plans and fitness plans

• Access to mobile and web-based applications

• Community forums and support groups

• Downloadable templates, PDFs, and media

All digital goods and services are non-transferable and intended for personal use only.

4. Account Registration

To access certain features, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

5. Subscription Terms & Billing

5.1 Subscription Services

NewTrek Fitness may offer coaching, membership, or training services on a recurring subscription basis, which may be billed weekly, bi-weekly, monthly, or annually, unless otherwise specified in writing and agreed upon by both the client and a NewTrek Fitness representative.

All terms, including billing frequency and pricing, will be clearly communicated at the time of sign-up.

5.2 Automatic Renewal

Unless otherwise stated, all subscriptions automatically renew at the end of each billing cycle. You authorize NewTrek Fitness to charge your saved payment method on file for each renewal unless you cancel in accordance with Section 5.3.

5.3 Cancellation of Subscriptions

You may cancel a subscription at any time by:

• Logging into your account and selecting the cancellation option under Billing, or

• Emailing [email protected] with your request.

To avoid further charges, cancellations must be submitted at least three (3) business days before the next billing date.

5.4 Subscription Payment Failures

If a payment fails, your access to subscription services may be suspended until a valid payment method is provided. We will attempt to contact you and allow a grace period of up to 7 days to resolve the issue.

6. Program Services & Installment Payment Policy

6.1 Prepaid or Installment Program Agreements

Certain NewTrek Fitness programs (e.g., coaching packages, meal plans, training series) are structured as

one-time purchases with a total program cost due upfront or over an agreed installment schedule

(e.g., weekly, bi-weekly, monthly, or custom). Upon enrollment, the client agrees to pay the full program amount, regardless of usage or early withdrawal.

By joining such a program, the client must sign a Program Agreement outlining the full investment amount, schedule of payments, and financial commitment.

6.2 Refund Policy for Programs

Due to the personalized nature of our coaching and services, program fees are non-refundable, whether paid in full or through installments. No exceptions will be made once a client signs the Program Agreement and receives access to the materials or services.

6.3 Payment Failures & Account Suspension

If a payment fails while a client is enrolled in a non-subscription program, they will be notified and provided with a 14-day grace period to update their payment method and settle the outstanding balance.

• During this time, services may be temporarily suspended.

• Once payment is resolved, access will be restored and the original schedule resumed.

If the account remains delinquent 30 days past the failed payment, NewTrek Fitness reserves the right to:

• Refer the balance to a collection agency, and/or

• Report the outstanding debt to one or more of the three major Credit Bureaus

Additional fees and interest may apply as allowable by law.

6.4 Custom Payment Arrangements

NewTrek Fitness may, at its sole discretion, agree to custom payment schedules on a case-by-case basis. Such agreements must be documented in writing and signed by both parties.

7. Term & Termination

These Terms remain in effect until terminated. We may suspend or terminate your account or access to Services at our discretion, without notice, for violations of these Terms.

8. User Conduct

You agree not to:

• Use our Services for unlawful purposes

• Post or transmit harmful, abusive, or infringing content

• Share account access or subscription content with others

• Attempt to interfere with system security or functionality

We reserve the right to remove any content and/or restrict access to our Services at our discretion.

9. Intellectual Property

All content on our Sites and Services—including text, video, graphics, software, and logos—is the property of NewTrek Fitness or its licensors, protected by intellectual property laws.

You are granted a limited, non-exclusive license to use our content for personal, non-commercial purposes only.

10. Disclaimer of Warranties

All Services are provided “as is” without warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose.

We do not guarantee specific health, fitness, or weight outcomes from using our Services.

11. Limitation of Liability

To the fullest extent permitted by law, NewTrek Fitness shall not be liable for any indirect, incidental, or consequential damages arising from your use of our Services.

12. Dispute Resolution & Governing Law

These Terms are governed by the laws of the State of Florida. Any disputes shall be resolved via

binding arbitration in Florida, except where prohibited by law.

13. Changes to These Terms

We may revise these Terms at any time. Material changes will be communicated via email or notice within your account. Continued use of the Services after changes become effective constitutes your agreement.

14. Contact Information

For questions, cancellations, or support, contact:

NewTrek Fitness & Nutrition, LLC

Email: [email protected]
Website: www.newtrekfit.com