Terms and Conditions

You must be at least 18 years of age and legally capable of entering into a binding agreement to use the Services.

By using the Services, you represent and warrant that you satisfy these requirements.

Content provided through the Services is intended for general informational and educational purposes only.

Nothing on our website, social media accounts, advertisements, emails, downloadable materials, webinars, podcasts, videos, or other public-facing content is intended to constitute individualized medical advice, diagnosis, treatment, psychological advice, dietetic advice, or other professional healthcare advice.

You should not disregard, delay, or replace advice from your physician or another qualified healthcare professional based on information provided through the Services.

You are responsible for determining whether any exercise, nutrition, fitness, or lifestyle practice is appropriate for your individual circumstances and for obtaining appropriate professional advice when necessary.

These Terms govern your use of our website and other public-facing Services.

Participation in a paid coaching program, membership, event, or other service offered by The Fit Physician may be subject to a separate written or electronic agreement containing additional terms regarding the services provided, fees, payment obligations, program duration, cancellation rights, refunds, renewals, and other matters.

If there is a conflict between these Terms and a separate agreement governing a purchased service, the separate agreement will govern with respect to that service, except to the extent applicable law provides otherwise.

Nothing in these Terms or any separate agreement is intended to waive, restrict, or exclude any consumer right or remedy that cannot lawfully be waived, restricted, or excluded.

Individual results from fitness, nutrition, coaching, and lifestyle programs vary.

Any examples, testimonials, case studies, client stories, photographs, transformations, weight changes, strength improvements, or other results referenced through the Services describe individual experiences and do not constitute a representation, warranty, or guarantee that you will achieve the same or similar results.

Results depend on numerous individual factors, which may include your starting point, health status, consistency, adherence, lifestyle, nutrition, training history, medications, genetics, sleep, stress, and other circumstances.

The Fit Physician does not guarantee any specific health, fitness, body composition, weight, strength, performance, or other outcome.

Physical exercise and changes to nutrition, fitness, or lifestyle involve inherent risks and may not be appropriate for every individual.

Before beginning a new exercise, nutrition, or lifestyle program, you should consider whether consultation with an appropriately qualified healthcare professional is appropriate based on your health and individual circumstances.

You are responsible for monitoring your own condition and should stop any activity and seek appropriate medical attention if you experience pain, dizziness, unusual shortness of breath, fainting, injury, or other concerning symptoms.

Your use of our public-facing Services does not create a physician-patient, dietitian-patient, therapist-patient, or other healthcare-provider relationship between you and The Fit Physician or any member of our team.

Nothing in these Terms limits any duty or liability that cannot lawfully be excluded or limited.

Unless otherwise stated, all content made available through the Services, including text, graphics, logos, trademarks, photographs, videos, audio, workouts, exercise demonstrations, educational materials, frameworks, program names, downloadable resources, designs, and other materials, is owned by or licensed to The Fit Physician and is protected by applicable intellectual property laws.

Subject to these Terms, The Fit Physician grants you a limited, revocable, non-exclusive, non-transferable licence to access and use publicly available materials solely for your personal, non-commercial use.

You may not copy, reproduce, republish, distribute, sell, sublicense, modify, create derivative works from, commercially exploit, or otherwise use our content without our prior written permission, except as expressly permitted by applicable law.

No ownership rights are transferred to you through your use of the Services.

You agree not to use the Services:

• for any unlawful, fraudulent, abusive, or unauthorized purpose;
• to infringe the intellectual property, privacy, publicity, or other rights of The Fit Physician or any third party;
• to attempt to gain unauthorized access to our website, accounts, systems, or networks;
• to introduce viruses, malicious code, automated scraping tools, or other technology intended to interfere with the Services;
• to impersonate another person or misrepresent your identity or affiliation;
• to reproduce, distribute, sell, or commercially exploit our proprietary materials without authorization; or
• in any manner that could damage, disable, overburden, disrupt, or impair the Services.

We reserve the right to restrict or terminate access to the Services where we reasonably believe these Terms have been materially violated.

Testimonials, client stories, photographs, and other examples appearing through the Services reflect the experiences of the individuals depicted or described.

Individual experiences vary, and such examples should not be interpreted as promises or guarantees regarding the results any other individual will achieve.

Where required by applicable law, The Fit Physician obtains appropriate authorization before publishing identifiable client testimonials, photographs, quotations, or other materials.

Testimonials and client stories may be edited for length or clarity, but we will not knowingly alter them in a manner that materially misrepresents the individual's experience.

The Services may contain links to or integrations with websites, applications, payment processors, social media platforms, fitness platforms, scheduling systems, or other services operated by third parties.

The Fit Physician does not control and is not responsible for the availability, content, privacy practices, security, accuracy, or practices of third-party services.

Your use of third-party services may be governed by separate terms and privacy policies established by those third parties.

The inclusion of a third-party link, reference, or integration does not necessarily constitute an endorsement by The Fit Physician.

The Fit Physician respects your privacy and handles personal information in accordance with applicable privacy legislation, which may include British Columbia's Personal Information Protection Act (“PIPA”) and Canada's Personal Information Protection and Electronic Documents Act (“PIPEDA”), where applicable.

Our collection, use, disclosure, retention, and protection of personal information is further described in our Privacy Policy, which should be read together with these Terms.

By providing personal information to us, you acknowledge the practices described in our Privacy Policy.

Where consent is required by applicable law, we will seek consent appropriate to the nature and sensitivity of the personal information and the purposes for which it is collected, used, or disclosed.

If you provide us with your email address, telephone number, or other contact information, we may use that information to communicate with you regarding inquiries, applications, appointments, transactions, programs, services, or other matters relating to your relationship with The Fit Physician, as permitted by applicable law.

We may send commercial electronic messages, including promotional emails or text messages, only where we have the consent or other lawful authority required by Canada's Anti-Spam Legislation (“CASL”) or other applicable law.

Commercial electronic messages will contain the identification and unsubscribe information required by applicable law.

You may withdraw your consent to receive promotional electronic communications at any time using the unsubscribe mechanism provided in the communication or by contacting us.

Withdrawal of marketing consent does not prevent us from sending transactional, administrative, service-related, or other communications that we are permitted or required to send by law.

We strive to provide accurate and current information but do not represent or warrant that the Services will always be complete, accurate, current, uninterrupted, secure, or error-free.

We may modify, suspend, discontinue, or update any part of the Services from time to time.

Information provided through the Services may occasionally contain typographical errors, technical inaccuracies, or outdated information, and we reserve the right to correct such information.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT MADE AVAILABLE THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

THE FIT PHYSICIAN DISCLAIMS WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES OR CONDITIONS MAY LAWFULLY BE DISCLAIMED.

Nothing in these Terms excludes or limits any warranty, condition, right, remedy, or statutory protection that cannot lawfully be excluded or limited.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FIT PHYSICIAN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, COACHES, AGENTS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE PUBLIC-FACING SERVICES.

THE FOREGOING LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, or any other liability that cannot lawfully be excluded or limited.

Additional limitations, acknowledgements, releases, or assumptions of risk applicable to paid coaching programs or other purchased services may be contained in the separate agreement governing those services.

To the extent permitted by applicable law, you agree to indemnify and hold harmless The Fit Physician and its directors, officers, employees, contractors, agents, and affiliates from third-party claims, liabilities, losses, damages, and reasonable expenses arising directly from your unlawful use of the Services, your infringement of a third party's rights, or your material violation of these Terms.

This provision does not require you to indemnify The Fit Physician for liability arising from The Fit Physician's own negligence, misconduct, or breach of applicable law to the extent such an obligation would be prohibited or unenforceable.

The Fit Physician may advertise or publish content through third-party platforms, including Facebook, Instagram, YouTube, TikTok, and other social media or advertising platforms.

Unless expressly stated otherwise, promotions, programs, giveaways, or other activities offered by The Fit Physician are administered by The Fit Physician and are not sponsored, endorsed, administered by, or associated with those third-party platforms.

Your use of any third-party platform remains subject to that platform's own terms and policies.

We may revise these Terms from time to time to reflect changes to our Services, business practices, or applicable law.

When we make changes, we will update the “Last Updated” date at the top of these Terms.

Material changes will apply prospectively to the extent required by applicable law.

Your continued use of the Services after revised Terms become effective constitutes acceptance of those revised Terms to the extent permitted by applicable law.

Changes to terms governing an existing paid program or service will be handled in accordance with the applicable agreement and applicable law.

Except where applicable consumer protection, privacy, or other mandatory law provides otherwise, these Terms and any dispute arising from them will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.

Subject to any rights you may have under applicable law to bring proceedings elsewhere, disputes relating to these Terms or the public-facing Services will be submitted to the courts of competent jurisdiction in British Columbia, Canada.

Nothing in this section limits any jurisdiction, consumer right, remedy, or protection that cannot lawfully be excluded or restricted.

Separate agreements governing paid programs or services may contain additional dispute-resolution provisions.

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or our right to enforce it later.

These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the agreement between you and The Fit Physician concerning your use of the public-facing Services.

These Terms do not supersede any separate agreement governing a paid program, membership, event, or other purchased service.

If you have questions regarding these Terms, please contact:

The Fit Physician Inc.

Email: hello@thefitphysician.com