TERMS OF SERVICE
1%, LLC d/b/a 1% Better Daily
1. Acceptance of Terms
These Terms of Service (“Agreement”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and 1%, LLC d/b/a 1% Better Daily (“Company,” “we,” “our,” or “us”).
By accessing our website, scheduling an assessment, purchasing coaching services, signing electronically, or otherwise using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you should not use our website or purchase our services.
2. Definitions
For purposes of this Agreement:
Company means 1%, LLC d/b/a 1% Better Daily, including its owners, employees, contractors, coaches, affiliates, successors, and assigns.
Client means any person who purchases or participates in the Company’s services.
Services include, but are not limited to:
- Personal Training
- Semi-Private Training
- Online Coaching
- Nutrition Coaching
- Fitness Assessments
- Accountability Coaching
- Exercise Programming
- Educational Resources
- Blood Work Coordination and Educational Review
- Communication via email, phone, text, video, or approved software platforms
3. Eligibility
You represent that:
- You are at least eighteen (18) years old; or
- You have written permission from a parent or legal guardian.
If a minor participates in coaching, the parent or legal guardian accepts responsibility under this Agreement.
4. Scope of Services
The Company provides educational coaching designed to improve fitness, strength, body composition, nutrition, mobility, and overall wellness.
Programs may include personalized workout programming, nutrition guidance, accountability, progress tracking, educational materials, movement assessments, lifestyle recommendations, and communication with qualified specialists when applicable.
The exact services depend upon the coaching program purchased.
The Company may modify, improve, or discontinue portions of its services when reasonably necessary.
5. Coaching Relationship
The Client understands that the Company provides coaching, education, and accountability.
The Company does not provide:
- Medical diagnosis
- Medical treatment
- Physical therapy
- Mental health treatment
- Prescription services
- Emergency medical care
Nothing provided by the Company should be interpreted as medical advice.
6. Blood Work Services
Certain coaching programs may include blood work coordination or educational laboratory review.
The Client understands:
- Laboratory results are reviewed solely for coaching and educational purposes.
- The Company does not diagnose disease.
- The Company does not prescribe medication.
- Medical decisions should always be made with a licensed healthcare provider.
7. Medical Disclaimer
Exercise, nutrition changes, supplementation, and lifestyle modifications involve inherent risks.
The Company strongly recommends obtaining medical clearance before beginning any program.
The Client agrees to discontinue exercise and seek appropriate medical care if experiencing symptoms such as:
- Chest pain
- Severe dizziness
- Difficulty breathing
- Loss of consciousness
- Severe joint pain
- Heart palpitations
- Any medical emergency
8. Client Responsibilities
The Client agrees to:
- Provide accurate information.
- Disclose injuries, surgeries, medications, and medical conditions.
- Follow coaching responsibly.
- Exercise within personal ability.
- Communicate honestly regarding progress.
- Treat Company staff and other clients respectfully.
Results depend significantly upon the Client’s own effort and consistency.
9. Fees and Payment
The Client agrees to pay all fees associated with the selected coaching program.
Accepted payment methods may include:
- Credit Card
- Debit Card
- Stripe
- Apple Pay
- Zelle
- Venmo
- ACH Transfer
- Other Company-approved methods
10. Payment Plans
If enrolled in a payment plan, the Client remains responsible for all agreed payments unless otherwise agreed in writing.
Failure to participate does not automatically eliminate payment obligations.
11. Late or Failed Payments
The Company may:
- Retry failed payments
- Suspend coaching
- Suspend access to digital content
- Pause scheduling
- Suspend communication until the account becomes current
12. Pricing
The Company may modify pricing for future purchases without affecting existing agreements unless mutually agreed.
13. Satisfaction Guarantee
The Company stands behind the quality of its coaching.
Clients who are genuinely dissatisfied should contact the Company promptly.
Each situation will be reviewed individually and in good faith.
Approved refunds will generally be issued using the original payment method.
14. Refund Requests
Refund requests should:
- Be submitted in writing.
- Explain the reason for the request.
- Include sufficient information for review.
15. Scheduling
Appointments are scheduled based on availability.
The Company cannot guarantee specific days or times.
16. Rescheduling
Clients should provide as much advance notice as reasonably possible.
Repeated late cancellations may affect scheduling priority.
17. Missed Sessions
Missed sessions without reasonable notice may be considered completed.
Rescheduling remains at the Company’s discretion.
18. Client Communication
Communication may occur through:
- Phone
- Text
- Video
- Coaching software
- Approved messaging platforms
Response times vary and immediate responses are not guaranteed.
19. Chargebacks
Clients agree to contact the Company before initiating any payment dispute or chargeback.
Fraudulent or bad-faith chargebacks after services have been delivered may constitute a breach of this Agreement.
20. Intellectual Property
All Company materials remain the exclusive property of 1%, LLC, including:
- Training programs
- Nutrition guides
- PDFs
- Videos
- Assessments
- Worksheets
- Branding
- Logos
- Website content
- Coaching systems
- Educational materials
Clients receive a limited, non-transferable license for personal use only.
21. Prohibited Uses
Clients may not:
- Copy programs for resale.
- Share paid materials.
- Share login credentials.
- Remove copyright notices.
- Use Company materials to coach others commercially.
- Redistribute proprietary content.
22. Testimonials
Feedback provided voluntarily may be used to improve Company services.
The Company will not use identifiable testimonials, photographs, or success stories for marketing where permission is required by law without obtaining that permission.
23. Assumption of Risk
Participation in exercise and coaching carries inherent risks including injury, illness, disability, and, in rare circumstances, death.
The Client voluntarily accepts these risks.
24. Health Representations
The Client represents that:
- Information provided is accurate.
- Relevant health conditions have been disclosed.
- Medical clearance will be obtained when appropriate.
- The Company will be informed of significant health changes.
25. Exercise Participation
The Client agrees to exercise responsibly and discontinue any activity producing severe pain, dizziness, breathing difficulty, or other concerning symptoms.
26. Nutrition Coaching
Nutrition recommendations are educational and may include:
- Calories
- Protein
- Carbohydrates
- Fats
- Fiber
- Hydration
- Meal timing
- Supplement education
These recommendations are not individualized medical nutrition therapy.
27. Supplement Disclaimer
Supplement discussions are educational only.
The Company makes no guarantee regarding third-party supplement quality, safety, legality, or effectiveness.
28. No Physician–Patient Relationship
Participation in Company services does not establish a physician-patient, therapist-patient, psychologist-client, or registered dietitian-client relationship.
29. No Guarantee of Results
Individual results vary.
The Company does not guarantee:
- Weight loss
- Muscle gain
- Strength improvements
- Laboratory improvements
- Athletic performance
- Appearance
- Health outcomes
- Specific timelines
Testimonials represent individual experiences only.
30. Release of Liability
To the fullest extent permitted by law, the Client releases and discharges the Company from claims arising from participation in its services, except where liability cannot legally be waived.
31. Emergency Medical Care
The Company may contact emergency services when reasonably necessary.
The Client remains responsible for all related medical expenses.
32. Independent Decision Making
The Client remains solely responsible for decisions regarding exercise, nutrition, supplementation, and lifestyle.
33. Indemnification
The Client agrees to indemnify and hold harmless the Company from claims, damages, liabilities, expenses, and legal fees arising from misuse of services, breach of this Agreement, or unlawful conduct.
34. Disclaimer of Warranties
Services are provided “as is” and “as available.”
The Company disclaims all warranties, express or implied, to the fullest extent permitted by law.
35. Limitation of Liability
To the fullest extent permitted by law, the Company’s total liability shall not exceed the amount paid by the Client for the applicable coaching program giving rise to the claim.
Nothing in this Agreement limits liability that cannot legally be limited.
36. Privacy
Client information will be handled in accordance with the Company’s Privacy Policy.
37. Electronic Communications
The Client consents to receive communications relating to services by email, telephone, SMS, and approved digital platforms.
38. Website Use
The Client agrees not to interfere with the operation or security of the Company’s website or misuse its content.
39. Suspension and Termination
The Company may suspend or terminate services for:
- Fraud
- Harassment
- Threatening behavior
- Illegal activity
- Material breach of this Agreement
- Non-payment
40. Force Majeure
The Company shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, pandemics, government actions, internet outages, or other unforeseen events.
41. Governing Law
This Agreement shall be governed by the laws of the State of Oregon.
42. Dispute Resolution
The parties agree to first attempt to resolve disputes through good-faith discussions before pursuing litigation or other legal remedies.
Where enforceable and mutually agreed, disputes may be resolved through binding arbitration.
43. Severability
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
44. Entire Agreement
This Agreement, together with any signed coaching agreement and referenced policies, constitutes the entire agreement between the parties regarding the Services.
45. Electronic Signatures
Electronic signatures, electronic acceptance, and online payment confirmations shall have the same legal force and effect as handwritten signatures to the extent permitted by applicable law.
46. Contact Information
1%, LLC d/b/a 1% Better Daily
Website: https://www.1percentbetterdaily.com
Email: boris@1percentbetterdaily.com
Phone: 9712492003
End of Terms of Service