1. Company Information & Platform Scope

Fitness At Your Door, Inc. (“FAD,” “Company,” “we,” “our,” or “us”), operating under Health Professional Connect Inc. (DBA FitnessAtYourDoor), is a wellness technology and marketplace platform headquartered in Broward County, Florida. FAD connects clients with independent fitness and wellness professionals and provides digital tools, scheduling services, payment processing, and session management.

FAD does not provide medical care, does not employ independent trainers unless expressly stated in a separate written agreement, and does not guarantee specific fitness outcomes. These Terms apply to all users of the Platform, including Clients and Trainers, in all jurisdictions within the United States where services are rendered.

2. Acceptance of Terms & Eligibility

By using the Platform, you represent and warrant that:

• You are at least eighteen (18) years of age, or have obtained verifiable parental or legal guardian consent;
• You are legally capable of entering into binding contracts under applicable law;
• All registration information and personal data you provide is accurate, current, and complete;
• Your use of the Platform complies with all applicable federal, state, and local laws and regulations;
• You have not been previously suspended or removed from the Platform for violations of these Terms.

Your continued use of the Platform constitutes ongoing acceptance of these Terms and any amendments posted thereto.

3. Platform Role & Independent Contractor Disclaimer

FAD operates solely as a technology marketplace and is not a fitness provider, gym, or training studio. All trainers and wellness professionals listed on the Platform are independent contractors and are not employees, agents, joint venturers, or partners of FAD. FAD does not supervise, direct, control, or assume responsibility for the acts, omissions, conduct, professional qualifications, or performance of any Trainer or Client.

FAD makes no representations or warranties regarding the qualifications, background, identity, or suitability of any Trainer. You are solely responsible for evaluating any Trainer before engaging their services. FAD strongly encourages Clients to review Trainer profiles, certifications, and reviews before booking.

Any claims arising from trainer conduct, session injuries, or service disputes are between the Client and the Trainer. FAD is not a party to such disputes except as expressly provided in these Terms.

4. Medical Disclaimer & Health Acknowledgment

By using the Platform and engaging in any training session, you represent and acknowledge that:

• You have consulted with a licensed physician or qualified healthcare provider prior to beginning any fitness or wellness program;
• You have disclosed all relevant medical conditions, physical limitations, medications, and health history to both your physician and your assigned Trainer;
• You understand that physical exercise involves inherent physical risk and that your participation is entirely voluntary;
• You will immediately notify your Trainer of any pain, discomfort, dizziness, or adverse symptoms during or after a session;
• You will complete the FAD Medical History Form accurately and honestly prior to your first session.

FAD reserves the right to require updated medical clearance at any time if it reasonably believes a Client’s health status has changed in a way that may affect their safety.

5. Assumption of Risk & Liability Waiver

By using the Platform and participating in any training session, you expressly and voluntarily assume all risks associated with physical activity, including but not limited to:

• Muscular strains, sprains, fractures, or other physical injuries;
• Cardiovascular events including heart attack or stroke;
• Injuries occurring in your home, outdoors, or at any agreed-upon training location;
• Equipment failure or misuse;
• Pre-existing conditions that may be aggravated by physical exercise;
• Serious injury or death.

You, on behalf of yourself, your heirs, assigns, and legal representatives, hereby irrevocably release, discharge, and hold harmless FAD, Health Professional Connect Inc., their officers, directors, employees, agents, affiliates, and successors from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses of any nature whatsoever arising from or in connection with your participation in any fitness or wellness session facilitated through the Platform, to the fullest extent permitted by applicable law.

This waiver does not apply to claims arising from gross negligence or willful misconduct on the part of FAD.

6. Session Packages, Subscriptions & Billing

6.1 Package Plans

FAD offers session packages on a monthly subscription basis. Package details, including the number of sessions per month, pricing, and duration, are disclosed on the Platform at the time of purchase. By selecting and purchasing a package, you agree to the specific terms of that package as presented at checkout, which are incorporated into these Terms by reference.

6.2 Annual Commitment

Certain packages are offered as annual commitments, payable in monthly installments. By selecting an annual package, you agree to a one (1) calendar year term measured in thirty (30) day billing increments. Annual packages are structured as follows:

• The full annual commitment becomes due and payable upon execution, either as a single lump-sum payment or in twelve (12) equal monthly installments, as selected at checkout;
• All payment obligations under an annual package are non-cancelable and non-refundable except as expressly stated in Section 6.6 and Section 7;
• The term commences on the Effective Date, which is the date of the first successful payment.

6.3 Monthly Billing & Auto-Renewal

For monthly subscription packages, your payment method will be automatically charged on the same calendar day each month corresponding to your original purchase date. You authorize FAD and its payment processors to charge your designated payment method for each renewal period.

Annual packages will automatically renew for successive thirty (30) day periods upon expiration of the initial one (1) year term, unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current term. FAD will send you a written renewal reminder no fewer than seven (7) days before any automatic renewal charge.

All renewal periods continue under the same terms and pricing unless FAD provides written notice of a price adjustment at least thirty (30) days prior to the renewal date, in which case you may accept the new pricing or decline renewal without penalty.

6.4 Unused Sessions

Unused sessions do not roll over beyond the applicable monthly billing period or the one (1) year contract term. Failure to schedule or utilize sessions during a billing period does not relieve you of your payment obligations and does not entitle you to a refund, credit, or extension.

6.5 Late Payment & Default

All payment obligations are due in advance at the start of each thirty (30) day billing period. In the event of a failed payment or unpaid balance, the following applies:

• FAD will notify you of the failed payment and provide a three (3) day cure period;
• Interest will accrue on any unpaid balance at a rate of 1.5% per month (18% per annum), commencing on the due date;
• FAD reserves the right to suspend your access to the Platform and pause session scheduling until the outstanding balance is paid in full;
• In the event of default, you agree to pay all costs of collection, including court costs and reasonable attorney’s fees, whether or not suit is filed. If suit is filed, venue shall be in Broward County, Florida.

6.6 Documented Emergency Accommodation

In the event of a documented medical emergency or comparable extraordinary circumstance, you may submit a written petition to FAD requesting a temporary accommodation or billing adjustment. Any such accommodation is granted solely at FAD’s discretion and must be confirmed in writing to be effective. Submission of a petition does not automatically suspend or modify your payment obligations.

7. Cancellation, Early Termination & Opt-Out

7.1 Month-to-Month Plans

Clients on a month-to-month (non-annual) subscription may cancel at any time by providing thirty (30) days written notice to FAD via the Platform or by email to support@fitnessatyourdoor.com. Cancellation takes effect at the end of the then-current billing period. No refund will be issued for the current period.

7.2 Annual Contract Early Termination

If you wish to terminate an annual package agreement before the completion of the one (1) year term, you may do so subject to the following conditions:

• You must provide thirty (30) days written notice of your intent to terminate, delivered via the Platform or by email to support@fitnessatyourdoor.com;
• An early termination fee equal to fifty percent (50%) of the remaining contract value shall be due and payable within thirty (30) days of the termination request date. The remaining contract value is calculated as the number of months remaining multiplied by the monthly package price;
• FAD will provide a written invoice for the early termination fee within five (5) business days of receiving your notice;
• Your access to services will continue through the end of the notice period provided the early termination fee is paid in full.

7.3 Refund Policy

All fees paid to FAD are non-refundable except in the following limited circumstances:

• FAD terminates your account without cause;
• FAD is unable to provide a reasonably comparable replacement trainer within thirty (30) days following a trainer departure (see Section 10);
• A documented billing error by FAD resulting in an overcharge.

Refund requests must be submitted within fifteen (15) days of the qualifying event via email to support@fitnessatyourdoor.com. FAD will review and respond to refund requests within ten (10) business days.

8. Session Policies

8.1 Cancellation & Rescheduling

To cancel or reschedule a session without penalty, you must provide at least twenty-four (24) hours advance notice through the Platform. Sessions cancelled with less than twenty-four (24) hours notice, or rescheduled within the twenty-four (24) hour window without Trainer approval, may be forfeited at FAD’s and the Trainer’s discretion.

8.2 No-Show Policy

If you fail to attend a scheduled session without providing any advance notice to your Trainer, the session will be deemed a “No-Show.” No-Show sessions are forfeited in full and will be charged as if the session had taken place. No credit, refund, or reschedule will be provided for No-Show sessions. Repeated No-Shows may result in suspension of your account.

8.3 Trainer Lateness

If a Trainer arrives more than fifteen (15) minutes late to a scheduled session without prior notice, you may choose to (a) proceed with a shortened session at no charge for the missed time, (b) reschedule the session at no penalty, or (c) cancel the session for a full session credit. Please report Trainer lateness issues through the Platform.

8.4 Session Location

Sessions are conducted at the Client’s convenience of location, which may include the Client’s home, a designated outdoor area, or another agreed-upon location. Clients are responsible for ensuring the session location is safe, accessible, and provides adequate space for training activities. FAD and the Trainer reserve the right to decline to conduct a session at a location that is deemed unsafe.

8.5 Session Documentation

FAD may record session data, notes, and progress information for the purpose of improving your training program and for platform safety and quality assurance. By using the Platform, you consent to this documentation.

9. User Accounts & Conduct

You are solely responsible for maintaining the confidentiality of your account credentials. You must notify FAD immediately at support@fitnessatyourdoor.com if you suspect unauthorized access to your account. You agree not to:

• Harass, threaten, discriminate against, or engage in inappropriate conduct toward Trainers, other Clients, or FAD staff;
• Solicit or attempt to arrange training services directly with a Trainer outside of the Platform during an active subscription (“off-platform solicitation”);
• Violate any applicable federal, state, or local law or regulation in connection with your use of the Platform;
• Submit false, misleading, or fraudulent information including health history, identity, or payment information;
• Misuse, reverse engineer, scrape, or interfere with the Platform or its underlying technology;
• Upload, transmit, or distribute any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.

Violations of this Section may result in immediate suspension or permanent termination of your account, forfeiture of any unused sessions, and referral to appropriate legal authorities.

10. Trainer Assignment & Replacement

FAD is committed to the continuity and quality of your fitness journey. In the event that a change in your assigned Trainer becomes necessary due to trainer unavailability, health circumstances, scheduling conflicts, or other valid operational reasons, the following terms apply:

10.1 Replacement Process

FAD will endeavor to provide a replacement Trainer of comparable qualifications and experience within thirty (30) days of the original Trainer’s departure. The replacement Trainer will be informed of your fitness plan, goals, and progress to facilitate a seamless transition.

10.2 Mandatory Transition Period

Upon assignment of a replacement Trainer, you agree to a mandatory transition period of thirty (30) days. This period allows both you and the new Trainer to establish a working relationship, align on fitness goals, and assess compatibility. FAD encourages open communication during this period.

10.3 Feedback & Adjustment

FAD values your feedback during any trainer transition. If you have concerns about a replacement Trainer, please communicate them through the Platform or by contacting support@fitnessatyourdoor.com promptly. FAD will make reasonable efforts to address documented concerns.

10.4 No Opt-Out on Trainer Change Alone

A change in your assigned Trainer does not, by itself, constitute a valid reason to terminate your annual agreement without incurring the early termination fee set forth in Section 7.2. FAD assures you that Trainer replacements are made in your best interest and only when necessary. If FAD is unable to provide a reasonably comparable replacement within thirty (30) days, you may request a full refund for any prepaid unused sessions for that period.

11. Payments, Stripe & Third-Party Processors

FAD uses Stripe, Inc. and other third-party payment processors to facilitate all payments on the Platform. By providing your payment information, you authorize FAD and its designated payment processors to charge your payment method for all fees incurred in connection with your use of the Platform.

FAD does not store full credit card or banking information on its servers. All payment data is handled and secured by Stripe in accordance with PCI DSS standards. Your use of Stripe’s services is subject to Stripe’s own Terms of Service and Privacy Policy, which you should review independently.

FAD is not responsible for payment processor outages, errors, or failures. In the event of a processing error that results in an overcharge, FAD will issue a correction within ten (10) business days of the confirmed error.

12. Intellectual Property

All content on the Platform, including but not limited to text, graphics, logos, icons, images, audio, video, software, data compilations, and trademarks, is owned by FAD or its licensors and is protected by United States and international intellectual property laws. The FAD name, logo, and brand marks are registered or common law trademarks of Health Professional Connect Inc.

You may not copy, reproduce, modify, distribute, publicly display, reverse engineer, or create derivative works from any Platform content without the prior written consent of FAD. Unauthorized use of FAD’s intellectual property may result in civil and criminal liability.

13. User-Generated Content

By submitting reviews, photos, profile information, or other content (“User Content”) through the Platform, you grant FAD a perpetual, royalty-free, worldwide, non-exclusive, sublicensable license to use, store, display, reproduce, modify, and distribute such User Content in connection with the operation, promotion, and improvement of the Platform. You retain ownership of your User Content but assume full and sole responsibility for its accuracy, legality, and compliance with third-party rights.

FAD reserves the right to remove any User Content that it determines, in its sole discretion, violates these Terms, applicable law, or the rights of third parties.

14. Privacy & Data

Your use of the Platform is subject to the FAD Privacy Policy, which is incorporated herein by reference. By using the Platform, you consent to the collection, processing, storage, and use of your personal information as described in the Privacy Policy.

FAD collects and processes personal data including name, contact information, location data, payment information, health history, and usage data. This data is used to operate the Platform, match Clients with Trainers, process payments, send communications, and improve our services.

FAD will not sell your personal data to third parties for marketing purposes. Health and medical data collected through the Platform’s medical history form is handled with heightened security measures and is shared only with your assigned Trainer to the extent necessary to deliver safe training services.

15. Communications & Notifications

By creating an account on the Platform, you consent to receive transactional emails, push notifications, and SMS messages from FAD related to your bookings, billing, account status, and service updates. These communications are necessary for the operation of the Platform and cannot be fully opted out of while maintaining an active account.

Marketing and promotional communications may be opted out of at any time by following the unsubscribe instructions in any such communication or by updating your notification preferences in the Platform settings.

FAD’s primary support contact is support@fitnessatyourdoor.com or by phone at 954-686-7321. Response times are generally within two (2) business days.

16. Termination of Access

FAD may suspend or permanently terminate your access to the Platform at its sole discretion, with or without notice, for any of the following reasons:

• Violation of any provision of these Terms;
• Conduct that FAD determines, in its sole discretion, is harmful to other users, Trainers, FAD, or third parties;
• Non-payment of fees or default on payment obligations;
• Provision of fraudulent, false, or misleading information;
• Safety concerns or legal compliance requirements;
• Any conduct that brings FAD’s reputation into disrepute.

Termination of your account does not relieve you of any outstanding payment obligations. Prepaid and unused sessions at the time of termination for cause are forfeited without refund. Upon termination, your license to use the Platform ceases immediately.

17. Disclaimers of Warranties

The Platform is provided “as is” and “as available” without warranties of any kind, either express or implied. FAD expressly disclaims all warranties, including but not limited to: (a) implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (b) warranties that the Platform will be uninterrupted, error-free, or free of viruses or harmful components; (c) warranties regarding the accuracy, completeness, or reliability of any content on the Platform; and (d) warranties regarding the quality, suitability, or safety of any Trainer listed on the Platform.

18. Limitation of Liability

To the maximum extent permitted by applicable law, FAD, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, loss of data, personal injury, property damage, or emotional distress, arising out of or in connection with your use of the Platform or any training session facilitated through it, even if FAD has been advised of the possibility of such damages.

FAD’s total cumulative liability to you for any claims arising under or related to these Terms or the Platform shall not exceed the total fees actually paid by you to FAD in the twelve (12) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the limitation of liability for personal injury or certain damages, so the above limitation may not apply to you in full. In such jurisdictions, FAD’s liability is limited to the maximum extent permitted by law.

19. Indemnification

You agree to indemnify, defend, and hold harmless FAD, Health Professional Connect Inc., and their respective officers, directors, employees, agents, successors, and assigns from and against any and all third-party claims, suits, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees and court costs) arising out of or related to:

• Your use of the Platform or any training session arranged through it;
• Your violation of these Terms or any applicable law or regulation;
• Your User Content;
• Any injury caused by your conduct during a training session;
• Your violation of any third-party rights, including Trainer or other Client rights;
• Any off-platform solicitation or unauthorized engagement with a FAD Trainer.

20. Dispute Resolution & Arbitration

20.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact FAD at support@fitnessatyourdoor.com and provide a written description of your dispute. FAD will attempt to resolve the dispute informally within thirty (30) days. If informal resolution fails, either party may proceed with binding arbitration as described below.

20.2 Binding Arbitration

All disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or any session arranged through the Platform shall be resolved exclusively through final and binding arbitration administered by JAMS or the American Arbitration Association (AAA) under their then-current rules. Arbitration shall be conducted on an individual basis only.

20.3 Class Action Waiver

You and FAD expressly waive the right to participate in any class action, collective action, or representative proceeding, whether in arbitration or in court.

This waiver is a material condition of these Terms. If this waiver is found unenforceable for a particular claim, that claim shall be severed and brought in court, while remaining claims proceed in arbitration.

20.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm, including in cases of intellectual property infringement or Platform security threats. Small claims matters within the jurisdiction of Broward County, Florida small claims court may also be heard there.

21. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law provisions. To the extent any dispute is not subject to arbitration under Section 20, each party irrevocably consents to exclusive personal jurisdiction and venue in the state and federal courts located in Broward County, Florida for the resolution of such disputes.

You acknowledge that FAD’s principal place of business is in Broward County, Florida, and that the choice of Florida law is reasonable and appropriate given the nature of FAD’s operations.

22. Modifications to Terms

FAD may update, modify, or replace these Terms at any time. When we make material changes, we will notify you via email to the address on file and/or via an in-app notification at least fourteen (14) days prior to the changes taking effect. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the updated Terms.

If you do not agree to the revised Terms, you must discontinue your use of the Platform before the effective date of the changes. If you are on an active annual subscription, material changes to these Terms that adversely affect your rights will not take effect until the commencement of your next renewal period.

23. General Provisions

23.1 Entire Agreement

These Terms, together with the FAD Privacy Policy and any package-specific terms displayed at checkout, constitute the entire agreement between you and FAD with respect to the Platform and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

23.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

23.3 Waiver

FAD’s failure to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision in the future. No waiver by FAD of any breach shall be deemed a waiver of any subsequent breach of the same or any other provision.

23.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without FAD’s prior written consent. FAD may assign these Terms, in whole or in part, in connection with a merger, acquisition, sale of assets, or operation of law, without your consent.

23.5 Force Majeure

FAD shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, governmental action, war, terrorism, power failures, or internet disruptions. FAD will use reasonable efforts to resume services as promptly as practicable.

23.6 No Third-Party Beneficiaries

These Terms are for the sole and exclusive benefit of you and FAD. Nothing in these Terms shall create or imply any rights or remedies in any third party.

24. Contact Information

For questions, support, billing inquiries, or legal notices, please contact FAD at:

Legal notices required under these Terms must be sent in writing via certified email to eng@fitnessatyourdoor.com with confirmation of receipt.

Acknowledgment of Terms

By creating an account on the FitnessAtYourDoor Platform, purchasing any session package, or participating in any training session, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service in their entirety.

You further acknowledge that:

• You have had the opportunity to seek independent legal advice before accepting these Terms;
• You understand that these Terms include a binding arbitration clause and class action waiver;
• You understand that annual packages include early termination fees;
• You have consulted a physician prior to engaging in training services;
• You voluntarily assume all physical risks associated with fitness training.