Terms and Condition

PAYMENT TERMS

I agree to pay J.Newtrition LLC for the fitness, nutrition, and health coaching services described above for the total amount of $_________, either in full or through a series of installment payments that collectively do not exceed the “Total Cost” listed above. If I have selected an installment option, I understand that these payments are part of a structured payment schedule and not a recurring subscription. Installment payments will continue until the total amount due is paid in full.

Today’s Payment:

I agree to pay today the Down Payment of $___________ with an installment payment of $__________ as listed above.

INSTALLMENTS AND SCHEDULED PAYMENTS

Payment Authorization. For Installment Payments, I agree to pay my Fitness, Nutrition, and health coaching services Fees of $________ on a scheduled basis beginning the month of ______________ and continuing on until the Total Cost is paid. For Scheduled Payments, I agree to pay the Installment Payments as scheduled above. I authorize J.Newtrition to withdraw or process payment for the fitness, nutrition, and health coaching services from the financial account designated at time of sale, or as may be later updated, as my Payment Method. In order to cancel or withdraw my Payment Authorization for Installment Payments, I agree to follow the Cancellation and Refund Policies below.

Payment-Related Terms. I am an account holder and have actual authority to use any financial account designated as my Payment Method. I will promptly update financial account information in the event it changes. I agree that J.Newtrition may resubmit declined or invalid transactions without notice to me. If I fail to timely pay any amount(s) due, I may be removed from any further coaching services. In the event that I am due a refund, I authorize J.Newtrition to refund the financial account designated as my Payment Method. J.Newtrition LLC holds the right to request any remaining balance to be paid in full regardless of the Scheduled Payments.  Additionally, the Client is not entitled to a refund or chargeback for any reason. All payments made to J.Newtrition pursuant to this Agreement are final and are not refundable for any reason beyond the terms described in the Money Back Refund Guarantee.

Client agrees not to request, advise, file a claim, or seek Client’s bank or credit card company for a chargeback for consideration paid under this Agreement. Client agrees to waive any rights Client may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Client’s credit card issuer’s procedures for resolving such disputes). Client agrees that any disputes that Client may have with respect to consideration paid hereunder must be addressed directly between Client and J.Newtrition LLC.  If a chargeback occurs, Client shall have materially breached the Agreement and shall forfeit all remaining services that have not yet been performed under the Agreement. J.Newtrition LLC shall have no further obligation to Client. Additionally, J.Newtrition LLC shall be entitled to recover from Client all damages, and reasonable and necessary attorneys’ fees, and costs associated with pursuing collection and/or recovery of the amount of the chargeback.

CANCELLATION AND REDEMPTION POLICIES

Money Back Refund Guarantee. J.Newtrition guarantees that the Client will obtain at least a 15-pound weight loss, provided the Client has made a good faith effort to engage in services by meeting all of the following conditions:

(i) Nutrition and Activity Tracking — Client logs all food and beverage intake in MyFitnessPal daily and makes a good faith effort to follow weekly calorie, step count, and workout targets provided by the coach.

(ii) Weekly Accountability Submission — Client submits a completed Weekly Accountability and Reflection (WAR) sheet each week, which includes reporting weekly calorie average, step count, and number of workouts completed.

(iii) Proactive Communication — Client proactively communicates any challenges, setbacks, or barriers to adherence within 72 hours of occurrence to allow for timely feedback and support.

For the purposes of this Agreement, “good faith effort” means the Client makes consistent, verifiable attempts to meet program expectations, including daily tracking, reasonable adherence to calorie and activity goals, submission of all required weekly check-ins, and timely communication with their coach.

A formal request for a refund must be submitted in writing to J.Newtrition LLC by the Client within seven days of the Expiration Date listed above. The refund amount shall not exceed the total amount paid at the time of the request.

Results-based Refund Option. In addition to the Money Back Guarantee described above, the Client is also eligible for a full refund (not to exceed the total amount paid by the Expiration Date listed above) if the following criteria are met:

(i) Results Requirement — Client has lost a total of at least 30 pounds during the course of the program, as measured from the documented starting weight to the final weight by the Expiration Date.

(ii) Proof of Progress — Client provides: A “Day 1” photo of their bodyweight on a scale with a visible handwritten date, taken no later than seven (7) calendar days from the Begin Date, and at least one “After” photo of bodyweight on a scale dated within seven (7) calendar days of the Expiration Date.

(iii) Marketing Materials — Client agrees to: Submit before and after progress photos (full body, clothed or in athletic attire) showing visible transformation, Complete both a written testimonial and a short video testimonial describing their experience, within seven (7) days of the Expiration Date, and Grant J.Newtrition LLC a non-exclusive, royalty-free, worldwide, perpetual license to use submitted materials in all marketing formats, including but not limited to website, social media, advertising, and promotional content.

To claim this refund, the Client must submit a written request to J.Newtrition LLC within seven (7) calendar days of the Expiration Date. Refund eligibility is contingent on all criteria above being met in full and with materials submitted in satisfactory quality, as determined at the sole discretion of J.Newtrition LLC.

Cancellation Period. I understand that I may not cancel this Agreement for any reason other than the terms provided by the Money Back Refund Guarantee. All sales and payments are final and binding after this Agreement is signed - no refund may be requested at any time throughout, or after completion of, the program. After the Expiration Date, the Client may cancel month-to-month services at any time by written notice to J.Newtrition LLC at least 14 calendar days prior to the monthly payment date.

Expiration. Except for Fitness, Nutrition, and Health Coaching Services purchased on a month-to-month basis (only), I agree to complete all Fitness, Nutrition, and Health Coaching Services on or before the Expiration Date set forth above, If I do not complete these services within the timeframe agreed upon, I will forfeit it.

GOVERNING LAW & FORUM SELECTION

Governing Law. This Agreement shall be governed in all respects, including its validity, interpretation and effect, and construed by and in accordance with the laws of the State of Texas, including, without limitation, its limitation of action and other procedural laws without giving effect to the principles of conflict of laws of the State of Texas. Both parties hereby agree that if it becomes necessary for any of the parties to file an action concerning any matter relating to or provided for in this agreement, that such action shall be brought exclusively to the state or federal courts in Tarrant County, Texas. If either party employs attorneys to enforce any rights arising out of or relating to this agreement, the losing party shall reimburse the prevailing party for its reasonable attorneys' fees.

Forum Selection. Any legal action or proceeding with respect to this Agreement or the services provided hereunder or for recognition and enforcement of any judgment in respect hereof brought by the other party hereto or its successors or assigns must be brought and determined in the state courts of Texas in Tarrant County (and may not be brought or determined in any other forum or jurisdiction), and each party hereto submits with regard to any action or proceeding for itself and in respect of its property, generally and unconditionally, to the sole and exclusive jurisdiction of the aforesaid courts.

PROPERTY RIGHTS, CONFIDENTIALITY, & GENERAL PROVISIONS

Image and Likeness Release. I understand that J.Newtrition may take photographs, audio or video recordings, or testimonial accounts that may contain the name, image, voice, likeness or account of me (collectively “Images”) during the use of the Fitness, Nutrition, and health coaching services. I hereby irrevocably consent to and grant J.Newtrition the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize any and all such images in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same. Without limiting the foregoing, I hereby consent to J.Newtrition’s use of the Images for commercial and promotional use, including on social media. I waive any right to inspect, approve, or edit such Images as used by J.Newtrition.

Assumption of Risk, Waiver of Liability and Indemnification. Client understands and agrees that Fitness, Nutrition, and Health Coaching Services involve the risk of injury. Client elects to participate in the Fitness, Nutrition, and health coaching services voluntarily in spite of the risk. Client further understands and agrees with the terms of the General Terms Agreement, including the assumption of risk, waiver of liability and indemnification provisions contained herein. Client agrees to indemnify J.Newtrition and all employees and contractors in the event of injury.

Disclosure of Medical Conditions. Client should consult a physician before beginning any new exercise program. Client agrees to disclose any medical conditions that may prevent the Client from successfully completing the J.Newtrition Program without risk, including any new medical conditions that may present during the time period enforceable by the Services Agreement.

Confidentiality; Ownership of Information.  J.Newtrition will provide Client with access to Confidential Information (as defined below) that is used in the operation of J.Newtrition’s business as reasonably necessary to allow J.Newtrition to comply with the terms of this Agreement. Client acknowledges that J.Newtrition will provide Client with access to J.Newtrition’s Confidential Information only for the term of the services rendered under the Agreement.

Definition. For purposes of this Agreement, “Confidential Information” means information possessed by J.Newtrition relating to the Business, and its business activities not generally known which is used or is useful in the conduct of J.Newtrition’s business, or which confers or tends to confer a competitive advantage over one who does not possess the information. Confidential Information includes copyrights, trade secrets, know-how, information about existing, new or envisioned products, services and processes and their development and performance, any techniques, methodologies, pricing, technical information, computer software, business and financial information, unpublished lists of names, information, documents, videos provided or shared by J.Newtrition to Client, and information relating to fitness coaching, fitness training, online coaching or training, marketing, client acquisition process, sales, and pricing. Confidential Information also includes information received by J.Newtritions from others which J.Newtrition has an obligation to treat as confidential and information received by Client from other clients of J.Newtrition. All information which becomes known to Client during the term of the services rendered under the Agreement, which Client would reasonably believe is Confidential Information or which J.Newtrition takes measures to protect, shall be regarded as Confidential Information.

Non-Disclosure.  During the term of the Program, and at all times thereafter, Client shall maintain the strictest confidence of J.Newtrition’s trade secrets and Confidential Information.  Client shall never disclose, copy, share, disseminate, transfer, convey, sell, or discuss, directly or indirectly, to any person or entity other than the Parties to this Agreement, J.Newtrition’s copyright information, trade secrets or other Confidential Information, except by express prior written consent of a duly authorized officer or director of J.Newtrition. Client will not make copies, videotape, record, photograph or transfer in any way, in whole or in part, any Confidential Information or marked original copies of Confidential Information, copyright information, or trade secrets of J.Newtrition. Further, Client shall use Client’s best efforts and shall take all reasonable precautions to prevent the disclosure of J.Newtrition’s copyright information, trade secrets or other Confidential Information. A breach of this provision includes but is not limited to each disclosure, sharing, dissemination, transfer, conveyance, selling, or discussion of any singular piece of Confidential, trade secret, copyright, and/or proprietary information. All ideas, know how, and information provided by J.Newtrition, including nutrition and training plans and educational materials, whether developed jointly with client or solely by J.Newtrition, shall be the sole and exclusive property of J.Newtrition and cannot be shared with any other person, company, or entity without exclusive written consent.

Ownership of Information.  All Confidential Information is and shall remain the sole and exclusive property and proprietary information of J.Newtrition and/or Joshua New, as the case may be, and is disclosed in confidence by J.Newtrition in reliance on Client’s agreement to maintain such Confidential Information in confidence and not to use or disclose such Confidential Information to any person except the Parties to this Agreement. Client has no ownership, property rights, or other rights of any kind in the Confidential Information, trade secrets, copyrights, proprietary information or other property of J.Newtrition and/or Joshua New.

Disclaimer.  J.Newtrition and Joshua New do not, under any circumstances, warrant any other guarantee to the Client of any specified results or any other particular outcome or result of any kind beyond the Money Back Refund Guarantee. Other results that the Client achieves are in no way, shape, or form, guaranteed by J.Newtrition, Joshua New or any of their respective agents, employees, independent contractors, subsidiaries, borrowed servants, or any other third party. 

Other Provisions. This Agreement supersedes and replaces any prior oral or written agreements or other communications between me and J.Newtrition with respect to the Fitness, Nutrition, and health coaching services. I am not relying on any oral or written promises, representations, statements, covenants or warranties, other than those set forth herein, to induce me to sign this Agreement. This Agreement may be amended, terminated or assigned at any time by J.Newtrition upon such notice, if any, as may be required by law. If J.Newtrition fails to enforce any right in this Agreement for any reason, J.Newtrition does not waive its right to enforce it later.