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”) provides paid and free video critiques of user‑submitted physique and/or lifting media (“Services”). “Media” means any photo, video, or other content you upload, email, DM, or otherwise deliver to us in connection with the Services. “Public Tier” refers to Free and Fast‑Pass critiques; “Private Tier” refers to Breakdown, Pro, and Deep Dive critiques.

2. Submission of Media

By submitting Media you (a) agree to these terms; (b) acknowledge that Public‑Tier Media may be posted on GPF’s social platforms in perpetuity; and (c) acknowledge that Private‑Tier Media will be delivered to you privately but may be posted publicly only with your subsequent written consent.

3. License Granted

You hereby grant GPF and Chase Ribordy a perpetual, worldwide, royalty‑free, irrevocable, and non‑exclusive licence to use, edit, reproduce, distribute, publicly display, transmit, and create derivative works from the Media solely for: (i) producing, distributing, and marketing the Public‑Tier or Private‑Tier critique you purchased; and (ii) promoting GPF’s Services.

No right of withdrawal. Once your Media is incorporated into a public video, the licence cannot be revoked. Removal requests will be considered but not guaranteed due to third‑party platform policies.

4. Representations & Warranties

You represent and warrant that:
1. You are at least 18 years old and have full legal capacity, OR you are the legal guardian of the minor depicted.
2. You either own the Media outright or have written permission from the owner to grant the licence above.
3. All persons visible in the Media have granted you permission (or, if minors, have guardian consent) to submit the Media under these terms.
4. The Media does not infringe any copyright, trademark, privacy, or publicity rights of any third party.

5. Compensation Waiver

You irrevocably waive any right to royalties or other compensation arising from the use of your Media under these terms, now or in the future.

6. Assumption of Risk & Indemnity

All training or nutritional advice provided is educational only; consult a qualified professional before acting on it. You release and hold harmless GPF, its owners, and agents from any claims arising out of (a) use of the Media, or (b) your application of any advice in the critique. You agree to indemnify and defend GPF against any third‑party claim that your Media or submission breached the representations in Section 4.

7. No Guaranteed Removal or Anonymity

Once posted to third‑party platforms, complete removal or anonymity cannot be guaranteed. You are responsible for blurring or omitting any identifiers you wish to keep private.

8. Governing Law & Venue

These terms are governed by the laws of the State of Texas, without regard to conflict‑of‑law rules. Any dispute shall be brought in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction there.

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.