Terms & Privacy Policy

Terms and Conditions & Privacy Policy

MyZeniverse® LLC DBA Emma Mattison Fitness

MyZeniverse® LLC DBA Emma Mattison Fitness

Website: https://www.emmamattisonfitness.com

This page contains two separate documents: Terms and Conditions, and Privacy Policy.

The Terms and Conditions govern the use of this website and the general purchase and use of products and services offered by MyZeniverse® LLC DBA Emma Mattison Fitness.

The Privacy Policy explains how personal information is collected, used, stored, shared, archived, retained, and deleted.

Clients receiving individualized personal training or nutrition coaching may also be required to sign a separate service agreement. If a signed service agreement conflicts with these general Terms and Conditions regarding the specific services purchased, the signed service agreement will control unless applicable law requires otherwise.

Part I: Terms and Conditions

1. Company Information

These Terms and Conditions apply to services, programs, products, content, and communications provided by MyZeniverse® LLC, doing business as Emma Mattison Fitness, referred to as the “Company,” “Emma Mattison Fitness,” “we,” “us,” or “our.”

The person accessing the website, purchasing a product or service, creating an account, or participating in a program is referred to as “you,” “your,” the “user,” or the “client,” as applicable.

By using this website, purchasing a product or service, creating an account, or otherwise engaging with the Company, you acknowledge that you have read and agree to these Terms and Conditions.

2. Services

Emma Mattison Fitness provides online health, fitness, personal-training, wellness-education, and nutrition-coaching services.

Services may include:

  • Individualized online personal training
  • General fitness programming
  • Nutrition coaching
  • Exercise demonstrations
  • Educational videos
  • Online courses
  • Digital resources
  • Assessments
  • Check-ins
  • Messaging support
  • Progress monitoring
  • Meal-planning assistance
  • General health and wellness education
  • Other products or services identified at the time of purchase

The exact services included in a purchase are determined by the applicable checkout page, product description, enrollment materials, promotional offer, or signed service agreement.

No in-person personal training is included unless expressly stated in writing.

3. Educational and Informational Purposes

Website content, programs, coaching, training materials, nutrition information, videos, articles, courses, and other resources are provided for educational and informational purposes.

They are not intended to replace:

  • Medical diagnosis or treatment
  • Emergency medical care
  • Physical therapy
  • Psychotherapy or mental-health treatment
  • Medical nutrition therapy
  • Advice from a physician, registered dietitian, physical therapist, psychologist, or other licensed healthcare professional

Emma Mattison Fitness and its trainers or coaches are not acting as physicians, physical therapists, psychologists, registered dietitians, or emergency medical providers unless separately stated in writing.

You should consult an appropriate licensed healthcare professional before beginning a new exercise or nutrition program, particularly if you have a medical condition, injury, disability, pregnancy, chronic illness, history of disordered eating, medication concern, or other health-related issue.

4. Health and Safety Responsibilities

You are responsible for determining whether you are physically and medically able to participate in any exercise, nutrition, fitness, or wellness activity.

You agree to provide complete and accurate information concerning relevant:

  • Health conditions
  • Medical history
  • Injuries
  • Medications
  • Physical limitations
  • Allergies
  • Dietary restrictions
  • Exercise experience
  • Safety concerns

You agree to promptly inform Emma Mattison Fitness of any change that may affect your ability to participate safely.

You are responsible for:

  • Maintaining a safe exercise environment
  • Removing hazards from your training area
  • Using appropriate and properly functioning equipment
  • Exercising within your abilities
  • Following applicable instructions
  • Obtaining medical clearance when advised or required
  • Stopping an activity that causes pain, dizziness, faintness, chest discomfort, unusual shortness of breath, nausea, or other concerning symptoms
  • Seeking medical attention when appropriate
  • Calling emergency services when immediate medical care is required

You should not continue an activity that feels unsafe or causes concerning symptoms.

5. Virtual Training Limitations

Online personal training and virtual coaching have inherent limitations.

A trainer participating remotely cannot:

  • Physically supervise you
  • Inspect your environment in person
  • Physically assist or spot you
  • Inspect every item of equipment
  • Respond directly to an emergency
  • Observe every movement, condition, or environmental hazard
  • Guarantee that every exercise is performed correctly

When submitting exercise videos, you are responsible for positioning the camera so that the movement can be reasonably observed.

You understand that video review does not eliminate the risks associated with exercise or unsupervised activity.

6. Assumption of Risk

Exercise, changes in physical activity, and changes in nutrition may involve known and unknown risks.

These risks may include:

  • Falls
  • Muscle strains
  • Joint injuries
  • Equipment failure
  • Cardiovascular events
  • Food reactions
  • Aggravation of an existing condition
  • Illness
  • Disability
  • Other injury or loss
  • Death

By voluntarily participating, you acknowledge and accept the ordinary risks associated with exercise, nutrition changes, online coaching, and training without in-person supervision.

Nothing in these Terms is intended to waive a right or liability that cannot legally be waived.

7. No Guarantee of Results

Emma Mattison Fitness does not guarantee any specific result.

Results may depend on factors outside the Company’s control, including:

  • Consistency
  • Effort
  • Adherence
  • Health status
  • Sleep
  • Stress
  • Nutrition
  • Medications
  • Medical conditions
  • Genetics
  • Recovery
  • Schedule
  • Lifestyle
  • Information provided by the client

Testimonials, examples, prior client outcomes, estimated timelines, marketing statements, or educational materials do not guarantee that you will achieve the same or similar results.

8. Purchases and Payment

Prices and payment terms are disclosed on the applicable product page, checkout page, payment link, promotional offer, invoice, or service agreement.

Depending on the product or service, payment may be:

  • One time
  • Weekly
  • Every four weeks
  • Monthly
  • Annual
  • Based on another schedule disclosed before purchase

Payments may be processed through Stripe, PayPal, or another payment processor approved by the Company.

You are responsible for maintaining accurate and current payment and contact information.

If a payment is declined, reversed, disputed, charged back, or otherwise not received, the Company may suspend access to products, programs, coaching, communications, check-ins, digital materials, or platform services until the balance is resolved.

9. Subscriptions and Automatic Renewal

Certain services are sold as automatically renewing subscriptions.

The applicable billing frequency will be disclosed before purchase.

A four-week billing period is not the same as a calendar month.

By purchasing an automatically renewing subscription, you authorize the Company and its payment processor to charge the payment method provided for the initial service period and each subsequent renewal period until properly canceled.

Cancellation requirements may differ by product or service. The applicable cancellation deadline will be disclosed in the checkout terms, signed service agreement, or other enrollment documents.

10. Promotional Pricing

The Company may offer:

  • Promotional pricing
  • Coupons
  • Scholarships
  • Loyalty discounts
  • Referral discounts
  • Temporary price reductions
  • Other special offers

Promotional pricing does not permanently change the regular price of a product or service unless expressly stated in writing.

Promotions may be limited by:

  • Product or service
  • Eligibility
  • Number of discounted charges
  • Expiration date
  • Enrollment date
  • Coupon code
  • Availability
  • Other written conditions

Promotional offers may not be combined unless approved by the Company.

Unless otherwise stated in writing, the regular price will apply after the promotional period ends.

11. Refunds

Refund eligibility depends on the product or service purchased and the terms disclosed during enrollment or checkout.

Unless otherwise stated in writing:

  • Digital products, downloaded materials, and completed services are nonrefundable
  • Subscription charges are nonrefundable after the applicable service period begins
  • Failure to participate or use available services does not automatically create a right to a refund
  • Missed check-ins, unread messages, incomplete workouts, unused coaching opportunities, or failure to access purchased materials do not automatically create a refund or credit
  • Cancellation stops future eligible renewals but does not automatically refund the current paid period

A separate signed service agreement may contain more specific refund provisions.

12. Cancellations

Subscription cancellation must be submitted through the method identified in the applicable checkout terms, enrollment materials, or signed service agreement.

A failed payment, chargeback, payment dispute, missed check-in, unused service, period of inactivity, or request to pause does not automatically constitute cancellation.

Where a signed agreement applies, the cancellation terms in that agreement control.

13. Pauses

Pauses are not automatically available.

A pause must be approved by the Company in writing.

The written approval may address:

  • The pause start date
  • The expected duration
  • Whether recurring payments stop
  • Whether access remains available
  • Whether an existing paid period is extended
  • Whether promotional pricing continues, expires, or resumes
  • The conditions for restarting services

A pause does not automatically create a refund, credit, promotional extension, or change to a billing schedule.

A pause also does not automatically delete the client’s account or records.

14. Accounts and Access

You are responsible for maintaining the confidentiality of your account credentials.

You may not:

  • Share account access with another person
  • Allow another person to use services purchased for you
  • Attempt to access another user’s account
  • Copy or distribute private platform content without permission
  • Use the Company’s services or systems for unlawful or unauthorized purposes
  • Interfere with the security or operation of the website or another platform

The Company may suspend or terminate access for:

  • Nonpayment
  • Unauthorized account sharing
  • Misuse of Company materials
  • Fraud or suspected fraud
  • Unsafe conduct
  • Harassment or abusive behavior
  • Material misrepresentation
  • Repeated disregard of safety instructions
  • Requests outside the Company’s professional scope
  • Violation of these Terms
  • Violation of a signed service agreement

15. Intellectual Property

Unless otherwise stated, the content provided by Emma Mattison Fitness remains the intellectual property of the Company or its licensors.

This may include:

  • Exercise programs
  • Meal plans
  • Recipes
  • Videos
  • Worksheets
  • Assessments
  • Courses
  • Website content
  • App or portal content
  • Graphics
  • Photographs
  • Written guidance
  • Check-in materials
  • Educational resources
  • Downloads
  • Branding
  • Trademarks
  • Private coaching communications

You receive a limited, personal, nonexclusive, nontransferable right to use purchased materials for your own personal purposes.

You may not, without written permission:

  • Resell materials
  • Publish materials
  • Redistribute materials
  • Share account access
  • Copy materials for another person
  • Use materials to coach or train others
  • Upload materials to a public website or platform
  • Present the materials as your own
  • Remove copyright or ownership notices

16. Testimonials, Photographs, and Marketing

Emma Mattison Fitness will not publicly use identifiable client photographs, exercise videos, testimonials, health information, measurements, or progress information for marketing without separate express consent.

Marketing consent is not required as a condition of receiving services.

When consent is granted, the terms of the applicable consent or release will control.

17. Third-Party Websites and Services

The website and services may include links to or integrations with third-party websites, platforms, applications, products, or services.

Third-party services operate under their own terms, policies, and security practices.

The Company does not control every aspect of a third party’s:

  • Availability
  • Functionality
  • Content
  • Data practices
  • Security
  • Account settings
  • Billing procedures

Your use of a third-party service may also be governed by that service’s terms and privacy policy.

18. Professional Liability Insurance

Emma Mattison Fitness may maintain professional liability or other business insurance appropriate to its operations.

Coaching and personal-training services are generally not billed to or reimbursed by a client’s health-insurance plan unless separately arranged and confirmed in writing.

19. Right to Refuse or Terminate Service

The Company may refuse, suspend, modify, or terminate services when reasonably necessary, including for:

  • Nonpayment
  • Safety concerns
  • Abusive or harassing conduct
  • Dishonesty or material misrepresentation
  • Unauthorized use or sharing
  • Requests outside the Company’s professional scope
  • Repeated disregard of safety instructions
  • Violation of applicable law
  • Material violation of these Terms
  • Material violation of a signed service agreement

Valid charges incurred before suspension or termination remain due.

20. Limitation of Liability

To the fullest extent permitted by law, Emma Mattison Fitness, MyZeniverse® LLC, Emma Mattison, and their employees, contractors, representatives, agents, successors, and assigns will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the use of the website, products, programs, content, or services.

To the fullest extent permitted by law, the Company’s aggregate liability arising from a particular purchase or service will not exceed the amount paid by the user for that purchase or service during the twelve months preceding the event giving rise to the claim.

Nothing in this section limits liability that cannot legally be limited.

21. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless MyZeniverse® LLC, Emma Mattison Fitness, Emma Mattison, and their employees, contractors, representatives, agents, successors, and assigns from claims, losses, damages, liabilities, or expenses resulting from:

  • Your failure to disclose relevant health information
  • Unsafe equipment
  • An unsafe exercise environment
  • Failure to follow instructions
  • Participation beyond your abilities
  • Misrepresentation
  • Unauthorized sharing or use of Company materials
  • Use of your account by another person
  • Your violation of these Terms
  • Your violation of applicable law

22. Electronic Communications

You consent to receive communications electronically, including:

  • Agreements
  • Forms
  • Payment notices
  • Receipts
  • Reminders
  • Program communications
  • Policy notices
  • Account notices
  • Cancellation confirmations
  • Privacy communications

Electronic signatures, checkbox acknowledgments, and electronic records are intended to have the same effect as handwritten signatures and paper records where permitted by law.

23. Dispute Resolution

The parties agree to make a good-faith effort to resolve disputes through direct written communication.

If a dispute concerning a purchased coaching or training service cannot be resolved informally, the dispute procedures in the applicable signed service agreement will control.

If no separate signed agreement applies, the parties agree to attempt mediation before filing a lawsuit, except when immediate legal relief is reasonably necessary.

24. Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules.

Unless applicable law requires otherwise or a signed service agreement provides otherwise, legal proceedings arising from these Terms will be brought in an appropriate state or federal court located in Arizona.

25. Severability and Waiver

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect.

A failure to enforce a provision does not waive the right to enforce that provision later.

26. Changes to These Terms

The Company may update these Terms from time to time.

The updated version will be posted on this page with a revised “Last Updated” date.

Material changes affecting an existing paid service will not override a signed service agreement unless accepted by the parties or permitted by the agreement or applicable law.

Continued use of the general website after an updated version is posted constitutes acceptance of the updated website terms.