ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

DECLARATIONS:
 This Agreement is entered into between GamePlan 180 LLC (“Coach”, “Company”, “We”) and the undersigned (“You”, “Client”). The Coach provides access to PRODUCTS which include, but are not limited to:

  • Digitally downloaded workout and nutrition plans (and associated add‑ons),
  • Ongoing email communications during the active subscription period,
  • Regularly updated exercise and nutrition plans (updated monthly while a subscription is active),
  • 1‑on‑1 coaching sessions, and
  • Pre‑order access to the Automated Coaching Experience (the app).

By submitting payment for the Product, the Client agrees to the terms and conditions set forth below.

1. PAYMENT

In consideration for access to the Product and Services provided by GamePlan 180 LLC, the Client agrees to pay the fee indicated at the time of purchase. Because our services are accessible globally, a common sales tax of seven percent (7%) may be applied to the transaction, and the Client agrees to this upon purchase.

  • Subscription & Auto‑Renewal: Subscription fees (for ongoing digital products, coaching, and app access) will be automatically renewed on a monthly basis. The subscription fee may increase due to additional purchases or inflationary adjustments (not to exceed five percent (5%) per year).
  • Advance Notice for Price Changes: Any changes to subscription fees or auto‑renewal terms will be communicated via email at least 30 days in advance of taking effect.
  • If any payment methods are declined by our online payment processor (e.g., Stripe [learn more at: https://stripe.com/privacy] or PayPal [learn more at: https://www.paypal.com/us/legalhub/home]), the Client shall provide a new eligible payment method before receiving continued access to the Product.
  • We reserve the right to correct any pricing errors—even if payment has been required or received—and to collect any outstanding receivables if access has already been granted.
  • We also reserve the right to refuse any order placed through this website based on factors such as repeated use of the same customer account, billing/shipping address, or payment methods.

2. DIGITAL PRODUCT USAGE

  • Delivery & Access: After purchasing a digital product, the Client will receive access to the product materials within 48 hours via a download link sent to the provided email address.
  • Lifetime Access Clarification: “Lifetime access” means that the Client may use the digital materials for as long as the product is available on our website and their subscription remains active.
  • License: Company hereby grants the Client one (1) exclusive, non‑sublicensable, and non‑transferable license to use the Product for personal, non‑commercial purposes only.
  • Intellectual Property: All intellectual property rights in the Product (including the content of emails, exercise plans, nutrition plans, and any related materials) remain with GamePlan 180 LLC, except for third‑party links. The Client is prohibited from sharing, copying, republishing, uploading, licensing, translating, transmitting, distributing, selling, or otherwise exploiting any part of the Product without prior written permission.
  • Download Limitations: To protect our intellectual property, the Client’s ability to download the Product may be subject to limitations (e.g., a limited number of downloads per month) at our sole discretion.
  • Attribution: The Client is obligated to tag or credit GamePlan 180 LLC for any public reference to the Product if used, posted, or shared.

3. NO RESALE

The Product is for the Client’s personal use only. The Client shall not resell, transfer, exchange, or otherwise assign the Product without obtaining prior written consent from GamePlan 180 LLC. Such consent may be granted or withheld in our sole discretion.

4. REFUND POLICY & GUARANTEES

Due to the nature of digital products being immediately accessible upon purchase, refunds of any fees or amounts paid by the Client are not permitted under any circumstances unless determined otherwise by GamePlan 180 LLC at its sole discretion.

  • Accuracy & Discontinuation: While Company attempts to provide accurate, complete, and error‑free information in the Product, we do not guarantee such accuracy and reserve the right to discontinue the Product at any time.
  • Results: The Company does not guarantee any specific outcomes (financial or personal) from using the Product. Each Client’s results will vary, and by purchasing, the Client agrees to assume full responsibility for their own results.

5. FORCE MAJEURE

If performance under this Agreement is prevented, restricted, or interfered with due to causes beyond the reasonable control of either party (e.g., earthquake, fire, flood, strikes, riots, storms, explosions, acts of God, death or serious illness, war, terrorism, or similar occurrences), the affected party shall promptly notify the other and be excused from performance during such events. Any delay or failure in performance due to these causes shall not constitute a breach of this Agreement.

6. PERSONAL INFORMATION

By purchasing the Product, the Client agrees to provide personal information (e.g., name, email address, mailing and billing address). This information is used solely for providing and improving our services and to guide the Client toward products that meet their individualized goals.

  • The Client is responsible for the accuracy of their information and for maintaining its confidentiality and security.
  • Providing false, inaccurate, or fraudulent information is grounds for immediate termination of access to the Product.

7. ASSUMPTION OF RISK

The Client agrees that if they engage in any physical exercise or activity—even those recommended by our coaching services or Products—whether on their own premises or at any facility, they do so at their own risk and assume all risks of injury, damage, or loss. This includes, but is not limited to, the use of exercise equipment, sports fields, courts, locker rooms, sidewalks, parking lots, stairs, pools, and other facilities.

  • Specific to Fitness Coaching: The Coach is responsible for creating individualized workout and nutrition plans and for conducting scheduled check‑in sessions only. The implementation of these plans, including adherence to the recommendations provided, is solely the Client’s responsibility. If additional support or guidance is desired beyond the scheduled sessions, the Client must initiate such requests.
  • The Client acknowledges that every individual and every outcome is different and that participation is entirely voluntary.

8. RELEASE OF LIABILITY

On behalf of themselves and all personal representatives, heirs, executors, administrators, agents, and assigns, the Client releases and discharges the Coach (and all affiliated entities, employees, agents, and representatives) from any and all claims or causes of action arising out of the negligence (whether active or passive) of the Coach or any of its affiliates. This release includes, but is not limited to, injuries resulting from:

  • Use of exercise equipment or facilities that may malfunction or be improperly maintained;
  • Negligent instruction or supervision (including personal training);
  • Negligent hiring or retention of employees;
  • Slips, trips, or falls on any premises or while traveling to/from physical training; and
  • Any other injuries arising from the Coach’s recommendations.

Important: Notwithstanding the above, this waiver does not apply to instances of gross negligence or willful misconduct by the Coach. Furthermore, the Coach’s liability is strictly limited to providing the plan and scheduled check‑ins; the Coach is not responsible for the Client’s implementation of the plan.
Any medical or health concerns are the Client’s own responsibility, and a qualified physician should be consulted regarding individual circumstances. The Coach does not provide professional health advice, and any refunds (such as a refund equal to a monthly subscription cost) are at the sole discretion of the Coach.

9. INDEMNIFICATION

By executing this Agreement, the Client agrees to indemnify and hold harmless the Coach from any loss, liability, damage, or cost (including legal fees) incurred due to the provision of Products, Services, or training advice by the Coach.

10. ACKNOWLEDGMENTS

The Client expressly agrees that the foregoing release, waiver, assumption of risk, and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the State of Texas. Should any portion of this Agreement be deemed invalid, the remainder shall continue in full force and effect.

11. TERMINATION

This Agreement shall remain in full force as long as the Client’s subscription is active, with certain provisions (e.g., intellectual property rights) surviving termination. We reserve the right to deny access to our site or services without notice or liability. If your account is terminated for any reason, you are prohibited from creating a new account under your name, a different name, or using any borrowed or fake identity—even if acting on behalf of a third party. We reserve the right to take appropriate legal action, including pursuing civil, criminal, or injunctive relief.

12. VENUE AND JURISDICTION

This Agreement is governed by the laws of the State of Texas. Any disputes arising hereunder shall be subject to arbitration and, if necessary, litigation in Harris County, Texas. Both parties are responsible for their own collection costs and legal fees should enforcement become necessary.

13. MEDIATION AND ARBITRATION

Any disputes or disagreements arising out of this Agreement that cannot be resolved amicably shall first be submitted to mediation. If mediation is unsuccessful, the dispute shall be resolved through arbitration in accordance with the procedural rules of the American Arbitration Association.

  • Arbitration shall take place in Harris County, Texas, unless another location is mutually agreed upon.
  • The costs and expenses of the arbitrators shall be shared equally by the parties, with each party bearing its own costs and expenses in presenting its case. The “prevailing party” may be reimbursed for all fees related to litigation.

14. TRANSFER

This Agreement cannot be transferred or assigned to any third party without the written consent of both parties.

15. USER REPRESENTATIONS & PARENT OR LEGAL GUARDIAN

By using this Product, you represent that: a) You have the legal capacity to comply with this Agreement;
b) You are not a minor in the jurisdiction in which you reside;
c) You will not access this site using non‑human means (e.g., bots or scripts);
d) You will not use this site for illegal purposes; and
e) Your use of this site does not violate any applicable law or regulation.
If the Client is under 18 years of age, a parent or legal guardian must read and sign this Agreement on their behalf. Acceptance of these terms is confirmed by checking the box at checkout or by submitting payment.

16. SEVERABILITY

If any part of this Agreement is found to be invalid or unenforceable, the remainder shall continue in full force and effect. Failure by either party to enforce any provision shall not be deemed a waiver of that provision or any other provision herein.

17. APP PRE‑ORDER TERMS

Release and Availability:
 The app (Automated Coaching Experience), developed and owned by GamePlan 180 LLC, is scheduled for release on the app store at a time and date within the sole discretion of the Company.
Note: All pre‑order purchases for the app must be made through our website; no in‑app purchases are offered.
The Customer acknowledges that the release timeline is tentative and subject to change based on development progress and other business considerations.

Refund Policy for Pre‑Orders:
 Customers may request a refund for their pre‑order purchase; however, the decision to grant a refund is at the sole discretion of GamePlan 180 LLC, which reserves all rights to approve or deny such requests based on circumstances deemed reasonable by the Company.

Ownership and Redistribution:
 GamePlan 180 LLC retains full ownership of the app. The Customer is strictly prohibited from redistributing, sharing, or otherwise disseminating the app without the express written consent of the Company. Unauthorized distribution may result in termination of access and legal action.

Pre‑Order Access:
 The pre‑order purchase grants the Customer priority access to the app for one month following its official release, plus an additional free month of access. This benefit is linked to a single email account and cannot be combined or “stacked” with additional pre‑orders.

Subscription Requirement:
 Continued access to the app after the pre‑order period requires an active monthly subscription. The subscription fee is subject to change at the Company’s discretion, with a minimum of 30 days’ notice provided via email before any pricing adjustments take effect.

Personal Information and Security:
 The app will collect and store personal information provided by the Customer. GamePlan 180 LLC employs reasonable security measures to protect this information; however, absolute security cannot be guaranteed. The Customer is responsible for ensuring that their contact information remains current to receive timely updates regarding the app and pre‑order offer.

18. COACHING SERVICES DISCLAIMER

General Disclaimer:
 All coaching services and communications (whether via email, live sessions, or otherwise) delivered by our coaches—as well as information on our website—are intended to help you identify and overcome areas that may be preventing you from realizing your potential.

  • Important: Our coaching services, workout and nutrition plans, and app content are for informational purposes only and are not substitutes for professional medical, mental health, or legal advice.
  • Fitness Coaching Specific: The Coach is solely responsible for designing your workout and nutrition plan and for providing scheduled check‑ins. Implementation of these plans is the sole responsibility of the Client. If additional support is desired beyond the scheduled sessions, the Client must initiate contact.

Specific to Stream Coaching:

  • Public Nature: Information discussed or disclosed in a stream coaching session may be publicly broadcast on platforms such as Twitch. Although we strive to de‑identify shared information, complete anonymity cannot be guaranteed. Clients are advised to edit or anonymize personal information before submission.
  • Scheduling and Attendance: Purchasing a stream coaching session does not guarantee a specific date or time for the session. Stream coaching sessions allow for live interaction and are designed to be viewed either live or asynchronously. It is the Client’s responsibility to record or save the session content; no refunds will be provided if the Client is unable to attend the live session.
  • Reuse of Content: Any content submitted for coaching or created during a live stream may be posted on other social media platforms (e.g., Instagram, TikTok, or YouTube).

Specific to 1‑on‑1 Coaching:

  • Duration and Termination: Individual coaching sessions will last up to one hour, unless otherwise agreed upon. The Coach reserves the right to terminate a session early for any reason. Sessions extending beyond the agreed duration may incur additional charges at the discretion of the Coach.
  • Client Responsibility: The Client is solely responsible for managing their own health during and after coaching sessions. By purchasing our coaching services, the Client agrees to hold harmless the Coach and GamePlan 180 LLC from any claims arising from participation in these sessions.
  • Acknowledgement and Consent: By purchasing our coaching services, the Client acknowledges that they have read, understood, and agree to be bound by these terms and conditions.

Physique Checks & Critique Videos Disclaimer

DISCLAIMER – READ BEFORE FORM SUBMISSION

1. Scope & Definitions

GamePlan 180 LLC (“GPF,” “we,” “us”) offers both free and paid video critiques of user-submitted physique and/or lifting content (“Services”). “Media” includes any image, video, or other material you submit via upload, email, message, or other delivery method.
“Public Tier” includes Free and Fast-Pass critiques. “Private Tier” includes Private, Pro, and Deep Dive critiques.

2. Media Submission Terms

By submitting Media, you:
(a) agree to these Terms & Conditions;
(b) understand that Public-Tier submissions may be published to GPF’s social channels permanently;
(c) acknowledge that Private-Tier submissions will be kept private unless you provide written consent for public use.
(d) media must be submitted within 24 hours upon submission to be honored otherwise they will become classified as a “late submission”. Media submitted later than the designated time may forfeit your right to get that media included in the video or may prevent the video from being created entirely.
(e) late submissions forfeit your right to a refund. GamePlan is not responsible for any incorrect user inputs which may prevent communication or delivering on the offer. It is the the sole responsibility of the customer to clearly and honestly communicate and assure that all inputs (their email address in particular) are correctly inputted to the forms to guarantee that their offer is delivered.

For the Public Tier: Here are the places your content may be posted.

  • Youtube Long Form Video
  • Instagram/Tiktok/Youtube Short Form Videos
  • Social Media Content associated with GamePlan Fitness
  • On Promotional Content

Content will not be removed upon request.

You are in charge of marking out your face/identifiable info if applicable.

Inappropriate Content: Submitting sexually explicit, nude, or intentionally vulgar content will result in a $500 fine and permanent disqualification from future services.

3. License & Use of Media

You grant GPF and Chase Ribordy a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, edit, reproduce, distribute, display, transmit, and create derivative works from your Media for:
(i) creating and sharing your critique (public or private), and
(ii) promoting GPF’s services.

No Revocation: Once your Media is included in a public critique, this license cannot be withdrawn. While removal requests will be considered, they are not guaranteed, especially if content has already been published to third-party platforms.

4. Your Representations & Warranties

By submitting Media, you affirm that:

  • You are 18 years or older, or you are the legal guardian of a minor depicted.
  • You either own the Media or have written permission from the rightful owner.
  • Every individual shown has granted consent (or has guardian consent).
  • Your Media does not infringe on any copyright, trademark, privacy, or publicity rights.

5. Waiver of Compensation

You waive any right to payment or royalties now or in the future for GPF’s use of your Media.

6. Assumption of Risk & Indemnity

GPF’s critiques are for educational purposes only. Always consult a qualified expert before following fitness or nutritional advice.
You agree to release, defend, and indemnify GPF, its owners, and agents from any claim arising from:
(a) your Media submission, or
(b) your use of advice given in the critique.

You further agree to cover any legal costs or damages resulting from a breach of your warranties under Section 4.

7. No Guaranteed Removal or Anonymity

Content published to third-party platforms may not be fully removable or anonymized. You are responsible for blurring or omitting personal identifiers before submission.

8. Governing Law & Jurisdiction

This agreement is governed by the laws of Texas. All disputes must be resolved in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction in that venue.

FlexCheck Participation, Media Use, and Liability

By participating in FlexCheck—a public competition, assessment, and content series operated by GamePlan Fitness (GPF), a brand of GamePlan 180 LLC—you agree to the following terms:

1. Informational Purpose Only

All critiques, assessments, and recommendations provided as part of FlexCheck are for educational and informational purposes only. They do not constitute medical advice, diagnosis, or treatment. Always seek the guidance of a qualified healthcare professional before starting or modifying any fitness or nutrition program.

2. Public Participation & Exposure

FlexCheck is a public event. By entering, you acknowledge and agree that your Media, likeness, name, social handles, fitness statistics, and other personal information you provide may be displayed publicly on the GPF website, social media channels, promotional materials, and related third-party platforms.

3. Irrevocable Media License

By submitting any photographs, videos, audio recordings, text, or other materials (“Media”) to FlexCheck, you grant GPF / GamePlan 180 LLC an irrevocable, perpetual, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, edit, adapt, publish, distribute, broadcast, and create derivative works from your Media for any purpose, including commercial use, without further permission or compensation.
This includes the right to modify, crop, alter, or combine your Media with other content in any format or medium, now known or later developed.

4. Your Representations & Warranties

By submitting Media, you affirm that:

  • You are 18 years or older, or you are the legal guardian of any minor depicted.
  • You either own the Media or have written permission from the rightful owner to submit it.
  • Every individual shown in the Media has granted consent (or has guardian consent).
  • Your Media does not infringe on any copyright, trademark, privacy, or publicity rights.

5. Waiver of Compensation

You waive any right to payment, royalties, or other compensation—now or in the future—for GPF’s use of your Media.

6. Assumption of Risk & Indemnity

  • GPF’s critiques are for educational purposes only. Always consult a qualified expert before following any advice.
  • You agree to release, defend, and indemnify GPF, its owners, employees, contractors, and agents from any claim, liability, or expense arising from:
    (a) your Media submission, or
    (b) your reliance on or use of advice provided in a critique.
  • You further agree to reimburse GPF for any legal costs or damages resulting from a breach of your warranties under Section 4.

7. No Guaranteed Removal or Anonymity

Once Media is published to third-party platforms, it may not be fully removable or anonymized. You are solely responsible for blurring, masking, or omitting any personal identifiers before submission.

8. Governing Law & Jurisdiction

This agreement is governed by the laws of the State of Texas. Any disputes will be resolved exclusively in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction in that venue.

19. TERMS AND CONDITIONS FOR PARTICIPATION IN THE GAMEPLAN GUILD AND CONTENT CONTRIBUTIONS

(Note: “GamePlan Guild” refers to our current Discord server community. We may expand this community to additional platforms in the future.)

  • Intellectual Property Rights:
     All content created, shared, or distributed within the GamePlan Guild—including texts, graphics, logos, icons, images, and electronic downloads—is the property of GamePlan 180 LLC. The content is provided for personal use, educational purposes, and community enrichment. Notwithstanding this provision, GamePlan 180 LLC retains all rights to use the content for any commercial purpose, including the production and distribution of ebooks, articles, or other media.
  • Contributions and Revenue:
     Contributions made by members of the GamePlan Guild are voluntary. Contributors agree that any commercial use of their contributions remains at the sole discretion of GamePlan 180 LLC. While revenue sharing with contributors may occasionally occur, such sharing is not obligatory and remains exclusively at the Company’s discretion.
  • Acknowledgment of Contributors:
     Contributors will be generally acknowledged under the collective name “GamePlan Guild” or by their submitted usernames. Efforts will be made to accurately credit contributors; however, if a contributor fails to provide a username or if individual attribution is not possible, they may be recognized as part of the general group.
  • Use of Information:
     The information and content contributed within the GamePlan Guild may be used by GamePlan 180 LLC for any purpose deemed appropriate, including the development of commercial products, marketing materials, or other financial activities. Contributors acknowledge that they hold no equity in any profits derived from their contributions beyond any discretionary revenue sharing that may be offered.
  • Disclaimer of Liability:
     GamePlan 180 LLC is not liable for any false or misleading information provided by contributors. All content shared within the GamePlan Guild is considered opinion and not professional or medical advice. Any claims related to contributed content will be subject to due diligence before any commercial use.
  • Termination and Discontinuation:
     GamePlan 180 LLC reserves the right to discontinue any project or the entire GamePlan Guild community at any time without prior notice.
  • Amendment of Terms:
     These terms may be amended from time to time at the sole discretion of GamePlan 180 LLC. Continued participation in the GamePlan Guild after any such amendments constitutes acceptance of the updated terms.

20. MISCELLANEOUS

Any policies, provisions, or sections of this Agreement that are not enforced or exercised shall not be construed as a waiver of the right to enforce such provisions in the future. GamePlan 180 LLC may assign its rights to another party at any time. This Agreement does not create a joint venture, partnership, employment, or agency relationship between the Client and the Company. The Client agrees that this Agreement will not be construed against the Company by virtue of its drafting and hereby waives any defenses based on the use of electronic forms to execute this Agreement.

22. AMENDMENTS

GamePlan 180 LLC reserves the right to update or modify these Terms & Conditions at any time without prior notice. Any changes will be effective immediately upon posting on our website. Your continued use of our Products or Services after such modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

23. WARRANTY DISCLAIMER

THE PRODUCTS AND SERVICES PROVIDED BY GAMEPLAN 180 LLC ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GAMEPLAN 180 LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES ANY ADVICE OR INFORMATION OBTAINED FROM US CREATE ANY WARRANTY. No representation or guarantee is made as to the results obtained from the use of our Products or Services.

24. CANCELLATION

Clients may cancel their subscription at any time by following the cancellation procedures provided on our website. Cancellation of a subscription will prevent further auto‑renewals; however, no refunds will be provided for any partial subscription periods, except as determined at the sole discretion of GamePlan 180 LLC.

25. CONTACT US

For any questions regarding this purchasing Agreement, please email:
chase@gameplanfitness.com

By purchasing any Product or Service from GamePlan 180 LLC, you confirm your agreement to the above Terms & Conditions.