These Terms of Use apply when you visit our website, fill out our application, book or attend a free call, read our content, or receive our messages. By doing any of these, you agree to these terms and to our Privacy Policy. If you don't agree, please don't use our site.
If you buy coaching, our client Terms & Conditions (your coaching agreement) also apply. If the two conflict, your coaching agreement controls for your paid coaching.
A Cup of Fitness ("ACF," "we," "us") provides online fitness and nutrition coaching led by Coach Eva Robles, an ACE-certified personal trainer.
Our website and services are for adults 18 and older.
Coach Eva is not a doctor or a registered dietitian. Our content and coaching are fitness and nutrition education, based on her personal training certification, her study of sports nutrition, and her experience. They are not medical advice, and they do not diagnose, treat, cure, or prevent any disease or condition. State law allows general guidance about food and dietary supplements, but it does not allow us to practice medicine.
Talk to your doctor before you start any exercise, nutrition, or supplement plan, especially if you are pregnant, postpartum, or breastfeeding, have an injury, take medication, or have a health condition. Stop exercising and get medical help if you feel pain, dizziness, or shortness of breath. In an emergency, call 911.
Physical exercise can be strenuous and carries a risk of injury, illness, and, in rare cases, death. You take part by your own choice, and you are responsible for exercising safely, using equipment correctly, and knowing your limits. To the fullest extent the law allows, you assume these risks and release A Cup of Fitness and Coach Eva Robles from claims for injury, illness, or loss caused by ordinary negligence in connection with our content or services. This release does not cover gross negligence, willful misconduct, fraud, or anything else the law does not allow to be released.
The client results on our site are real, but they are not a promise, and they may not be typical. Many of the stories we share come from our most committed clients. Your results depend on your starting point, your health, your consistency, and many other factors. We do not guarantee any specific outcome.
If you join, your coaching agreement explains your program, price, and payment schedule. In short:
If anything in this summary differs from your signed coaching agreement, your agreement controls.
When you give us your email or phone number, you agree that we may contact you about your application, calls, and coaching. Clients are also added to our email list for updates, tips, and offers. You can unsubscribe at any time using the link in any email.
If you agree to receive texts from A Cup of Fitness, we may send messages about your application, appointment reminders, coaching, and offers. Message frequency varies. Message and data rates may apply. Reply STOP to cancel at any time, or HELP for help. Agreeing to texts is not a condition of any purchase. Carriers are not responsible for delayed or undelivered messages. See our Privacy Policy for how we handle your information.
Client before-and-after photos on our site are used under our coaching agreement. If you send us a review, testimonial, photo, or message to share, you allow us to use it, edit it for length or clarity, and show it in our marketing, without payment to you. Please only send content you have the right to share.
The text, photos, videos, programs, and other materials on our site and in our coaching belong to A Cup of Fitness or are used with permission. You may use them for your own personal, non-commercial use. Please do not copy, share, sell, or build programs from our materials without our written permission.
Please don't misuse our site. For example, don't try to hack it, interfere with how it works, scrape or collect information from it, submit false information, or use it for anything unlawful.
We use trusted outside services for booking, video calls, payments, and our coaching app, and our site may link to other websites. Those services have their own terms and privacy policies, and we are not responsible for them.
Our site and content are provided "as is" and "as available." To the fullest extent the law allows, we make no warranties of any kind, express or implied, including any warranty of fitness for a particular purpose. We work to keep our information accurate and current, but we can't promise it is always complete or error-free.
To the fullest extent the law allows, A Cup of Fitness and Coach Eva Robles will not be liable for any indirect, incidental, special, or consequential damages, or for lost profits or lost data, that come from your use of our site, content, or services. Our total liability for any claim will not be more than the amount you paid us in the 12 months before the claim, or $100 if you have not paid us anything. Nothing in these terms limits any liability that the law does not allow us to limit.
If you misuse our site or break these terms and that leads to a claim against us, you agree to cover the reasonable costs that result, including attorneys' fees, to the extent the law allows.
If you have a concern, please email us first at [email protected]. Most problems can be solved quickly that way. These terms are governed by the laws of the State of California and the United States. Any legal action must be brought in the state or federal courts located in California, and you agree to their jurisdiction. Either of us may also use small claims court if the claim qualifies.
We may update these terms from time to time. The effective date at the top shows the latest version. If you keep using our site after an update, you accept the new terms.
If any part of these terms is found unenforceable, the rest stays in effect. If we don't enforce a part right away, we have not given up the right to enforce it later. These terms, our Privacy Policy, and, if you are a client, your coaching agreement are the whole agreement between us about their subject.
A Cup of Fitness, California, USA
Email: [email protected]