Terms and Conditions – Fathom Fit

1. Acceptance of Terms

Welcome to Fathom Fit. By accessing or using our online platform, participating in any of our services, or interacting with any content provided by Fathom Fit, you agree to comply with and be bound by these Terms and Conditions. These Terms govern your use of our personalized fitness programs, strength and conditioning coaching, nutrition guidance, group fitness classes, online workout platforms, marine-themed wellness retreats, athletic performance optimization, and aquatic fitness classes. If you do not agree with any part of these Terms, you must not use our services.

2. Services Provided

Fathom Fit offers a range of health and fitness services, including but not limited to:

All services are provided with the understanding that individual results may vary, and Fathom Fit does not guarantee specific outcomes. Our recommendations are for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment.

3. User Responsibilities and Health Disclaimer

You acknowledge and agree that your participation in any Fathom Fit program or service is at your own risk. Before starting any new fitness or nutrition program, you must consult with a qualified healthcare professional. You represent and warrant that you are physically fit and have no medical conditions that would prevent your participation in our programs. Fathom Fit and its trainers, coaches, and staff are not medical professionals and cannot provide medical advice. If you experience any pain, discomfort, or medical issues, you should immediately stop the activity and seek medical attention.

4. Intellectual Property

All content on this online platform, including but not limited to text, graphics, logos, images, videos, audio clips, and software, is the property of Fathom Fit or its content suppliers and is protected by Canadian and international copyright laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our site without the prior written consent of Fathom Fit, except as generally permitted for personal, non-commercial use.

5. Privacy Policy

Your privacy is important to us. Our Privacy Policy, which details how we collect, use, and protect your personal information, is an integral part of these Terms and Conditions. By using our services, you consent to the data practices described in our Privacy Policy.

6. Payment and Refunds

Fees for Fathom Fit services are as advertised on our platform or as agreed upon during registration. All payments are due in advance unless otherwise specified. Specific terms regarding refunds, cancellations, and payment schedules will be outlined in separate agreements for individual programs or memberships. Failure to make timely payments may result in the suspension or termination of services.

7. Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Fathom Fit does not warrant that the services will be uninterrupted, secure, or free from errors. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

8. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Fathom Fit, its affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9. Indemnification

You agree to defend, indemnify, and hold harmless Fathom Fit and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use of our services or your breach of these Terms.

10. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.

11. Changes to Terms

Fathom Fit reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the service.

12. Contact Us

If you have any questions about these Terms, please contact us at:

Fathom Fit

789 Harbourfront Drive, Suite 205

Toronto, ON, M5J 2R7

Canada