Coaching Agreement.
Privacy.
Digital Terms.

1. Acceptance of Terms

By purchasing, enrolling, submitting payment, signing digitally, checking an agreement box, or accessing services provided by 369 Fitness LLC, the Client agrees to be legally bound by this Agreement.

This Agreement governs all services provided by 369 Fitness LLC, including:

• Online Coaching
• Hybrid Coaching
• Month-to-Month (Flex) Coaching
• 369 Custom Programming
• Digital Products

2. Nature of Services & Medical Disclaimer

369 Fitness LLC provides educational coaching and structured fitness programming focused on:

• Strength training
• Mobility
• Conditioning
• Recovery
• Lifestyle and habit development

369 Fitness LLC is not a medical organization.

369 Fitness LLC and Wesley Clouser are not licensed physicians, registered dietitians, physical therapists, or mental health professionals.

No information provided by 369 Fitness LLC should be interpreted as medical advice, diagnosis, or treatment.

All nutrition guidance is educational and coaching-based in nature and is not intended to diagnose, treat, cure, or manage medical conditions.

Clients should consult qualified healthcare professionals when appropriate.

Participation in exercise and fitness activities carries inherent risks including but not limited to:

• Muscle soreness
• Strains or sprains
• Falls
• Cardiovascular complications
• Serious injury or death in rare circumstances

Clients voluntarily assume all risks associated with participation.

3. Hybrid Coaching & Session Policies

Hybrid Coaching combines in-person coaching sessions with app-based programming and support.

Scheduling & Structure: Session frequency, session duration, and commitment structure are determined by the Client’s selected coaching package.

Session Duration & Punctuality: Sessions begin and end at scheduled times. Late arrival does not extend session duration.

Missed Sessions: Missed sessions without reasonable notice may be forfeited, are not refundable, and do not roll over unless otherwise approved by 369 Fitness LLC.

Rescheduling: Rescheduling requests are subject to approval and scheduling availability.

Training Conduct: Clients agree to follow coaching instructions and maintain respectful, professional behavior during sessions.

Service Continuity: If temporary circumstances prevent in-person sessions, programming and support may continue through the coaching platform without interruption.

4. Online Coaching Structure & Limitations

Online Coaching is delivered exclusively through the official coaching platform designated by 369 Fitness LLC.

Online Coaching may include:

• Customized programming
• Weekly check-ins
• Messaging support
• Nutrition and habit coaching
• Progress tracking
• Programming adjustments

Clients are responsible for:

• Completing onboarding
• Maintaining internet and device access
• Tracking workouts honestly
• Communicating consistently
• Submitting usable movement videos when requested

Failure to access the coaching platform, complete onboarding, or participate consistently does not qualify for refunds, credits, or cancellation. Online Coaching does not include in-person sessions.

5. Month-to-Month (Flex) Coaching

Flex Coaching operates on a recurring monthly billing structure.

Payments are non-refundable and non-prorated.

Cancellation requires a minimum fourteen (14) day written notice before the next billing cycle.

Failure to provide proper notice may result in one additional billing cycle.

Cancellation requests must be submitted through approved written communication methods.

Failure to participate or engage does not eliminate payment obligations.

6. 12-Month Commitment & Financial Obligations

Clients enrolled in 12-month coaching agreements agree to complete twelve (12) consecutive monthly payments.

Early cancellation or abandonment of service may result in a cancellation fee equal to 45% of the remaining contract balance as reasonable liquidated damages due to reserved coaching availability, planning, scheduling, and administrative costs.

All coaching services are non-refundable.

Initiating payment disputes or chargebacks without prior written communication may constitute breach of contract and may result in collection action for outstanding balances and related costs.

7. Service Pauses

Service pauses may be approved at the discretion of 369 Fitness LLC for qualifying circumstances.

Approved pauses may extend the Client’s contract duration by the approved pause period.

Documentation or advance notice may be required.

8. Communication & Platform Access

Primary communication, workout delivery, tracking, and updates occur through the designated coaching platform.

Typical response times are approximately 24–48 business hours during normal business days.

Business communication hours are typically Monday through Friday, 8:00 AM–5:00 PM Pacific Time, excluding holidays and approved time away.

Access to services or platform features may be suspended or terminated for:

• Delinquent payments
• Contract violations
• Abandoned accounts
• Expired services
• Safety or conduct concerns

Clients are responsible for maintaining accurate contact information and monitoring platform notifications.

9. Privacy & Confidentiality

369 Fitness LLC respects the privacy and confidentiality of all Clients.

Information collected may include:

• Name and contact information
• Payment information processed through third-party providers
• Onboarding forms
• Progress photos
• Movement videos
• Coaching and program data
• Health or injury information voluntarily provided by the Client

Client information is used solely for:

• Service delivery
• Communication
• Programming
• Billing
• Coaching operations

369 Fitness LLC does not sell or rent Client data.

Client information remains confidential unless disclosure is required by law or authorized in writing by the Client.

10. Media & Testimonial Release

369 Fitness LLC will not publicly use Client photos, testimonials, videos, or submitted content for marketing purposes without permission.

Clients may voluntarily authorize media or testimonial usage separately through written consent.

11. Intellectual Property, Digital Products & 369 Custom Programming

369 Fitness LLC, 369 Fitness, 369 Custom Programming, associated branding, logos, systems, written materials, and coaching content are protected intellectual property.

All programming, documents, branding, systems, videos, exercise structures, coaching materials, and digital content provided by 369 Fitness LLC remain the intellectual property of 369 Fitness LLC.

369 Custom Programming provides structured individualized training programs delivered through the coaching platform for independent training and execution.

369 Custom Programming does not include:

• Ongoing coaching
• Weekly accountability check-ins
• Unlimited messaging support
• Continuous program modifications, unless otherwise stated in writing

Digital products and downloadable resources may include:

• Guides
• Educational materials
• Mini-programs
• Mobility systems
• Nutrition resources
• Standalone training products

All program and product access is licensed for individual personal use only.

Clients may not reproduce, redistribute, share, sell, transfer, copy, publish, or distribute any programming, videos, PDFs, app access, or materials provided by 369 Fitness LLC without written permission.

All digital product and programming sales are final once access has been delivered.

12. No Guarantee of Results

Results vary based on:

• Consistency
• Effort
• Recovery
• Nutrition
• Lifestyle habits
• Individual response to training

369 Fitness LLC makes no guarantees regarding specific physical, aesthetic, health, or performance outcomes.

13. Liability Release & Indemnification

Clients voluntarily participate in all fitness and training activities at their own risk.

Clients release and hold harmless 369 Fitness LLC and Wesley Clouser from claims, injuries, damages, or liabilities arising from participation except in cases of gross negligence or willful misconduct.

Clients agree to indemnify and defend 369 Fitness LLC against claims resulting from misuse of services, non-compliance, or violation of this Agreement.

14. Right to Refuse or Terminate Service

369 Fitness LLC reserves the right to refuse, suspend, or terminate services at its discretion for:

• Safety concerns
• Harassment
• Repeated non-compliance
• Abusive behavior
• Contract violations
• Payment issues

15. Force Majeure

369 Fitness LLC is not liable for delays or service interruptions caused by circumstances beyond reasonable control including:

• Illness
• Natural disasters
• Technical outages
• Facility closures
• Emergencies
• Government restrictions

16. Entire Agreement

This Agreement represents the complete understanding between the Client and 369 Fitness LLC and supersedes prior discussions, communications, or representations.

17. Governing Law & Dispute Resolution

This Agreement shall be governed and interpreted under the laws of the State of Nevada.

Any disputes arising from this Agreement shall fall under the jurisdiction of Nye County, Nevada.

Clients agree to attempt direct resolution before pursuing formal legal action.

18. Electronic Acceptance

By purchasing services, signing digitally, submitting payment, checking agreement boxes, or accessing coaching materials, the Client confirms that they:

• Have read and understood this Agreement
• Voluntarily agree to all terms and policies listed above
• Understand electronic acceptance carries the same legal force as a handwritten signature

Coaching Services

All coaching services are non-refundable.

Missed hybrid coaching sessions are not refundable or credited unless otherwise approved by 369 Fitness LLC.

369 Custom Programming & Digital Products

All programming and digital product sales are final once access has been delivered.

Missed sessions, non-participation, lack of communication, or failure to use services do not qualify for refunds or credits.