Terms & Conditions, Coaching Agreement, and Release of Liability

You agree that your electronic signature and checkbox acceptance constitute a legally binding signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and New York's Electronic Signatures and Records Act, with the same force and effect as a handwritten signature.

You must be at least eighteen (18) years of age and legally capable of entering into a binding contract. You represent that all information you provide is true, accurate, and complete.

Dante Johnson provides fitness coaching, training program design, and general nutritional guidance for healthy adults for educational and informational purposes only. Coach is not a licensed physician, physical therapist, registered dietitian, certified dietitian-nutritionist, psychologist, or other licensed healthcare provider. Services do not constitute medical advice, diagnosis, treatment, or medical nutrition therapy, and are not a substitute for care from a qualified healthcare professional. Coach does not diagnose or treat any injury, disease, or medical condition.

Before beginning services, Client must fully and accurately disclose in writing all known food allergies and intolerances; current and prior injuries, surgeries, and physical limitations; medical conditions (including but not limited to cardiovascular, respiratory, metabolic, endocrine, musculoskeletal, and eating-related conditions); prescription and non-prescription medications and supplements; pregnancy or possible pregnancy; and any physician-recommended activity restrictions. Client has a continuing duty to notify Coach in writing, before following any further programming, of any change in health status, new injury, new medication, or new symptom. Coach relies entirely on Client's disclosures when designing programs and shall have no liability for any injury, illness, reaction, or loss arising from information Client failed to disclose, disclosed inaccurately, or disclosed late. Client is strongly advised to obtain clearance from a licensed physician before beginning any exercise or nutrition program, and accepts sole responsibility for the decision to begin without such clearance.

Client understands that physical exercise, resistance training, cardiovascular conditioning, dietary changes, caloric restriction, and changes in body composition involve inherent risks. These include, without limitation: muscle strains and tears, sprains, fractures, joint and connective tissue injuries, dizziness, fainting, dehydration, abnormal blood pressure, abnormal heart rhythm, heart attack, stroke, allergic or adverse reactions to foods or ingredients, gastrointestinal distress, metabolic or hormonal changes, disordered eating behaviors, psychological stress, and, in rare cases, permanent disability or death. Client also understands that coaching may involve financial costs for food, supplements, equipment, gym memberships, and related expenses. CLIENT KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUMES ALL SUCH RISKS, KNOWN AND UNKNOWN, AND ACCEPTS FULL RESPONSIBILITY FOR ANY RESULTING INJURY, ILLNESS, DAMAGE, OR LOSS.

To the fullest extent permitted by law, Client, on behalf of Client and Client's heirs, executors, administrators, and assigns, hereby releases, waives, discharges, and covenants not to sue Dante Johnson Coaching, Dante Johnson, and their respective owners, members, employees, contractors, agents, affiliates, successors, and assigns (the "Released Parties") from any and all claims, demands, causes of action, damages, losses, costs, and liabilities of any kind, whether known or unknown, arising out of or related to the services. This includes, without limitation, claims for personal injury, illness, death, property damage, and financial loss, including claims arising from the ordinary negligence of the Released Parties. This release does not apply to claims arising from gross negligence or intentional misconduct, or to the extent prohibited by applicable law.

Client agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's participation in the services; (b) Client's breach of this Agreement; (c) Client's inaccurate or incomplete disclosures; or (d) Client's misuse of any program materials.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST INCOME, OR FINANCIAL HARDSHIP, ARISING OUT OF OR RELATED TO THE SERVICES. THE RELEASED PARTIES' TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT CLIENT ACTUALLY PAID TO Dante Johnson IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Results vary by individual and depend on factors outside Coach's control, including genetics, adherence, sleep, stress, medical history, and lifestyle. Coach makes no representation, warranty, or guarantee of any specific outcome, including weight loss, muscle gain, body composition change, athletic performance, or competition placement. Testimonials and transformations displayed by Dante Johnson reflect individual experiences and are not typical or guaranteed results.

Client agrees to: perform exercises within Client's own limits and with proper form; use safe, appropriate equipment and environments; immediately stop any activity and seek medical attention upon experiencing pain, chest discomfort, shortness of breath, dizziness, or any unusual symptom; read all food labels and independently verify that every food and ingredient is safe for Client given Client's allergies and conditions; and contact emergency services (911) for any medical emergency. Coach's communication channels are never to be used for medical emergencies.

Coach does not prescribe, recommend, dose, source, or advise on prescription medications, performance-enhancing drugs, anabolic agents, hormones, peptides, research chemicals, or any controlled or unapproved substance. These are outside the scope of services. Any such use by Client is undertaken solely at Client's own risk and discretion, and Client must disclose such use to Coach. Coach may decline or terminate services based on such disclosures.

(a) Program Term. Client selects a program term of three (3), six (6), or twelve (12) months, beginning on the date of the onboarding call or the delivery of initial programming, whichever occurs first.

(b) Monthly Plans. Client agrees to pay the stated monthly fee for every month of the selected term. A Monthly Plan is a commitment to the full term, not a cancel-anytime subscription. Payments are charged automatically to Client's payment method on the same day each month.

(c) Early Termination. If Client cancels a Monthly Plan before the end of the term, all remaining monthly payments for the term become immediately due and payable, and Client authorizes Dante Johnson to charge them to Client's payment method on file.

(d) Failed Payments. If a payment fails, Dante Johnson may suspend services until the payment is made. Payments more than fourteen (14) days past due may be referred to collections, and Client shall be responsible for reasonable collection costs and attorneys' fees to the extent permitted by law.

(e) No Automatic Renewal. Plans do NOT automatically renew. Continued coaching after the term ends requires a new agreement and new payment authorization.

(f) Pay-in-Full Plans. Pay-in-Full plans are charged once at the discounted total for the full term.

(g) Third-Party Financing. If Client pays through Klarna, Afterpay, or another buy-now-pay-later provider, Client's repayment obligations are governed by a separate agreement between Client and that provider. Dante Johnson is not a party to that agreement, and Client's obligations to the provider are independent of this Agreement.

Because programs are custom-designed and delivered digitally, all fees are non-refundable once initial programming has been delivered or the onboarding call has occurred, whichever occurs first. Before that point, Client may request a refund in writing, less any payment processing fees. Unused check-ins, missed calls, and periods of non-participation do not entitle Client to a refund, credit, or term extension.

Client agrees to contact Dante Johnson at dantejohnsxn@gmail.com and allow ten (10) business days to resolve any billing concern before initiating a chargeback or dispute with a bank, card issuer, or financing provider. Initiating a chargeback for services rendered in accordance with this Agreement constitutes a material breach. Dante Johnson may submit this Agreement, Client's electronic acceptance records, and communication and delivery records as evidence in any dispute, and may recover all disputed amounts, fees, and costs of collection.

"24/7 access" means Client may send messages to Coach at any time. It does not guarantee an immediate or round-the-clock response. Coach will make reasonable efforts to respond within twenty-four (24) hours on business days, and Elite clients receive priority response. Check-in calls must be rescheduled with at least twenty-four (24) hours' notice; calls missed without notice are forfeited.

All meal plans, training programs, documents, videos, and materials provided by Dante Johnson are the exclusive property of Dante Johnson Coaching. They are licensed to Client for personal, non-commercial use only. Client shall not copy, share, distribute, resell, publish, or create derivative works from any materials. Unauthorized use may result in immediate termination without refund and in legal action.

Dante Johnson will not publish Client's name, photos, videos, or results without Client's separate written consent. Client may revoke consent prospectively at any time in writing.

Dante Johnson will keep Client's personal and health information confidential and will use it only to deliver services, except where disclosure is required by law or necessary to protect Client's or another person's health or safety. Client consents to Dante Johnson collecting and storing this information for those purposes.

Client consents to receive communications from Dante Johnson by email, phone, and text message, including coaching messages, reminders, and account notices. Message and data rates may apply. Client may opt out of non-essential messages by replying STOP. Opting out of essential coaching communications may limit Coach's ability to deliver services, and does not relieve Client of payment obligations.

Dante Johnson may terminate this Agreement immediately, upon written notice, if Client fails to pay, provides false or incomplete health disclosures, engages in abusive, harassing, or threatening conduct, violates Section 16, or if Coach determines in good faith that continuing services poses a health or safety risk to Client. If termination is for Client's breach, no refund is owed and any outstanding balance remains due. If Dante Johnson terminates for any other reason, Dante Johnson will refund a pro-rated amount for any prepaid, undelivered months.

(a) Informal Resolution. Before initiating any proceeding, the parties agree to attempt in good faith to resolve any dispute informally for thirty (30) days after written notice.

(b) Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the services that is not resolved informally shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator in New York State or by video conference. Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small claims court if it qualifies.

(c) Class Action Waiver. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

(d) Jury Waiver. THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

(e) Opt-Out. Client may opt out of this Section 21 by sending written notice to dantejohnsxn@gmail.com within thirty (30) days of acceptance.

This Agreement is governed by the laws of the State of New York, without regard to its conflict-of-law principles. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in New York.

(a) Severability. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

(b) Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior representations and understandings.

(c) Amendments. Dante Johnson may update these terms for future purchases. Changes do not apply to an active term without Client's consent.

(d) No Waiver. Failure to enforce any provision is not a waiver of that provision.

(e) Assignment. Client may not assign this Agreement. Dante Johnson may assign it to a successor entity.

(f) Force Majeure. Dante Johnson is not liable for any delay or failure to perform caused by events beyond its reasonable control.

(g) Survival. Sections 5 through 9, 11, 14, 16, and 21 through 23 survive termination or expiration of this Agreement.

(h) Headings. Section headings are for convenience only and do not affect interpretation.

(i) Notices. All notices to Dante Johnson must be sent by email to dantejohnsxn@gmail.com.

CLIENT ACKNOWLEDGES THAT CLIENT HAS CAREFULLY READ THIS ENTIRE AGREEMENT, FULLY UNDERSTANDS ITS TERMS, INCLUDING THE ASSUMPTION OF RISK, RELEASE OF LIABILITY, INDEMNIFICATION, AND ARBITRATION PROVISIONS, HAS HAD THE OPPORTUNITY TO CONSULT AN ATTORNEY, AND SIGNS IT FREELY AND VOLUNTARILY.