Terms of Service

TERMS OF SERVICE 1. ACCEPTANCE OF TERMS By accessing the website https://physicalpresenceco.com or purchasing coaching services from Physical Presence LLC, you agree to be bound by these Terms of Service. If you do not agree to all terms and conditions, do not use this website or purchase services. We reserve the right to modify these Terms at any time by posting the revised version on the website. Your continued use or service after modifications constitutes acceptance of the revised Terms. Material changes will be effective upon posting, with notice to existing clients where practicable. 2. WHO WE ARE Physical Presence LLC is a limited liability company organized under the laws of the State of New Mexico, USA. Our principal place of business is located at 1209 Mountain Road Pl NE, Suite R, Albuquerque, NM 87110, USA. You can reach us by email at info@physicalpresenceco.com. For correspondence and service of legal process, use the address provided in this section. 3. NATURE OF THE SERVICES Physical Presence LLC provides personalized online fitness coaching services delivered remotely to adults. Our coaching services include training guidance, general nutrition guidance, habit coaching, and ongoing follow-up support. All services are delivered through remote communication including email, messaging platforms, video calls, or other digital channels. Our coaching services are educational and coaching services only. They are not medical care, medical nutrition therapy, diagnosis, treatment of disease, or medical advice. Our services do not replace consultation with a physician, registered dietitian, mental health professional, or other licensed healthcare provider. We do not diagnose or treat any medical condition. You acknowledge that you are responsible for consulting appropriate licensed healthcare professionals regarding your individual health status, medical conditions, medications, and any concerns before beginning or modifying any exercise or nutrition program. 4. ELIGIBILITY You must be at least 18 years of age to purchase and use our services. By purchasing coaching, you represent and warrant that you are 18 or older. You further represent that you are physically capable of engaging in fitness activities and that you have consulted with a physician before starting any exercise program or making significant changes to your nutrition or lifestyle. It is your responsibility to disclose to your physician and to us any medical conditions, injuries, medications, allergies, or other health factors that may be relevant to fitness and nutrition activities. 5. CLIENT RESPONSIBILITIES AND ASSUMPTION OF RISK You acknowledge that physical activity and changes to nutrition or lifestyle carry inherent risks of injury, illness, or other adverse effects. By engaging in coaching services and following any training guidance, nutrition information, or habit coaching provided by Physical Presence LLC, you voluntarily assume all risks associated with physical activity and lifestyle change. You agree that you are solely responsible for listening to your body, monitoring your own health and fitness levels, and making your own informed decisions about whether to follow any guidance provided. You must immediately stop any activity and seek medical attention if you experience pain, dizziness, shortness of breath, chest discomfort, nausea, or any other concerning symptoms. You agree to disclose all relevant medical conditions, injuries, medications, and health history to us before beginning coaching and to notify us immediately of any health changes. You assume full responsibility for your own safety and health outcomes. 6. FEES AND PAYMENT Pricing for coaching services, payment currency, billing schedule, and service duration are provided in the individual coaching agreement, service proposal, or checkout process presented to you before purchase. Fees and payment terms are not restated in this document. You authorize Physical Presence LLC to charge your selected payment method according to the agreed schedule. Payment processing is handled by a third-party payment processor. Your agreement to purchase constitutes authorization for the payment processor to deduct fees from your account on the dates specified. If payment fails or is declined, we may suspend or terminate your access to services without liability. You are responsible for maintaining current payment information with the payment processor. 7. CANCELLATION AND REFUNDS Your cancellation rights and refund policy are stated in the individual coaching agreement you sign or accept at the time of purchase. Specific refund deadlines, conditions, and procedures are detailed in that agreement and not repeated here. If you are located in the European Union or Spain and are a consumer, you have a right to cancel your coaching contract within 14 days of purchase without providing reason, except that this 14-day right of withdrawal does not apply to contracts where you have expressly requested that coaching services begin before the 14-day period expires and you have provided explicit informed consent to the commencement of services before the withdrawal period ends. Requests to cancel or inquire about refunds must be submitted in writing to info@physicalpresenceco.com with sufficient detail to identify your account. In all cases, you will not receive a refund or credit for results you did not achieve, goals you did not reach, or changes in your circumstances after coaching has commenced. 8. NO GUARANTEE OF RESULTS Physical Presence LLC makes no guarantee of any specific outcomes, results, weight loss, body composition changes, strength gains, performance improvements, or timeline for achieving any goal. Outcomes from fitness and nutrition coaching depend on numerous individual factors including but not limited to genetics, age, sex, starting fitness level, consistency with programming, adherence to nutrition guidance, sleep quality, stress levels, medical conditions, medications, and many other variables beyond the control of the coach. We provide personalized guidance based on evidence-based principles and your individual circumstances, but results are not guaranteed and will vary widely among individuals. Some clients may see significant changes; others may experience minimal change despite consistent effort. No statement, testimonial, or result shown on the website or in marketing materials should be construed as a promise of your particular results. 9. INTELLECTUAL PROPERTY RIGHTS All coaching plans, training programs, nutrition guidance materials, videos, written content, graphics, designs, and other materials created or provided by Physical Presence LLC in connection with your coaching services are owned by Physical Presence LLC and protected by copyright and other intellectual property laws. You are granted a limited, personal, non-exclusive, non-transferable license to use these materials solely for your own personal fitness and nutrition purposes. You may not copy, reproduce, modify, distribute, sell, lease, transmit, publicly display, or create derivative works from any materials provided without express written permission from Physical Presence LLC. This license terminates immediately upon cancellation or termination of your coaching services. Any reproduction or unauthorized use of materials is strictly prohibited and may result in legal action. You retain ownership of any personal information, photographs, or content you provide to the coach; however, you grant Physical Presence LLC a limited license to use such content internally for coaching purposes and for improvement of services, unless you expressly prohibit such use in writing. 10. COMMUNICATIONS AND RESPONSE TIMES Our primary communication channels are email at info@physicalpresenceco.com, messaging platforms, and video calls as specified in your coaching agreement. We will respond to communications in a timely manner consistent with business practices, but we do not guarantee specific response times or 24-hour availability. During weekends, holidays, and non-business hours, responses may be delayed. Email communications may be our preferred method. You are responsible for providing accurate contact information and monitoring the communication channels you have selected. Emergency medical matters are not handled through coaching communications; if you experience a medical emergency, call 911 or your local emergency number. 11. THIRD-PARTY PLATFORMS Our website is hosted on servers operated by a third-party provider. Communication may occur through third-party messaging platforms or video conferencing applications. Your use of any third-party platform is subject to that platform's own terms of service and privacy policies. Physical Presence LLC is not responsible for the security, privacy practices, or operations of third-party platforms. We recommend you review the privacy and security policies of any third-party platform before sharing information. 12. DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF SERVICE, PHYSICAL PRESENCE LLC PROVIDES COACHING SERVICES ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. COACHING SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND REGARDING RESULTS, OUTCOMES, OR EFFECTIVENESS. 13. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHYSICAL PRESENCE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PHYSICAL PRESENCE LLC IN THE 12 MONTHS PRECEDING THE EVENT OR CLAIM GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS MANDATORY CONSUMER RIGHTS OR PROTECTIONS UNDER APPLICABLE LAW IN YOUR JURISDICTION. EU AND SPANISH CONSUMERS RETAIN ALL MANDATORY STATUTORY RIGHTS AND PROTECTIONS REGARDLESS OF THESE LIMITATIONS. 14. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Physical Presence LLC, its owners, managers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of services, breach of these Terms, violation of applicable law, or infringement of any third-party rights. This indemnification obligation applies to the maximum extent permitted by law, except that it does not apply to claims arising solely from Physical Presence LLC's gross negligence or willful misconduct. 15. TERMINATION Physical Presence LLC reserves the right to terminate your coaching services and access to the website at any time for any reason, including but not limited to non-payment, breach of these Terms, or conduct we determine to be harmful or inappropriate. Upon termination, your license to use coaching materials terminates, and you must cease use of all materials provided. Provisions of these Terms that are intended to survive termination, including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law, shall continue in effect. 16. GOVERNING LAW AND DISPUTE RESOLUTION These Terms of Service and all matters related to your coaching services shall be governed by and construed in accordance with the laws of the State of New Mexico, USA, without regard to its conflict of law principles. Before initiating formal legal proceedings, you and Physical Presence LLC agree to attempt in good faith to resolve any dispute through direct negotiation and communication. If a dispute cannot be resolved through good-faith negotiation, either party may pursue available remedies through the appropriate courts. However, nothing in this section shall be interpreted to waive mandatory consumer rights, protections, or forum requirements available to consumers under EU law, Spanish law, or the laws of your country of residence. If you are a consumer located in the European Union or Spain, you retain the right to bring claims in your local consumer courts and to rely on mandatory consumer protections under local law, even if this agreement specifies New Mexico law. We will not object to jurisdiction in your local consumer forum. 17. CHANGES TO TERMS Physical Presence LLC reserves the right to modify these Terms of Service at any time. Changes become effective upon posting to the website. Your continued use of services after changes are posted constitutes acceptance of revised Terms. We encourage you to review these Terms periodically. If you do not accept modified Terms, you may cancel your coaching services according to the procedures described in Section 7. 18. CONTACT INFORMATION For questions about these Terms of Service, to request information about our services, or to submit a notice of cancellation or dispute, contact us at: Physical Presence LLC 1209 Mountain Road Pl NE, Suite R Albuquerque, NM 87110 USA Email: info@physicalpresenceco.com Effective Date: September 8, 2026