These Terms and Conditions apply to all coaching programs and services (“the Program”) in which a client (the “Client”) enrolls in with UpLevel Precision Wellness, LLC (“UPW”).  UPW includes owners, employees, independent contractors, and all other persons or entities acting in any capacity on behalf of UpLevel Precision Wellness, LLC.  UPW also includes all tools and technologies, including the mobile application, used to deliver the programs and services.

DISCLAIMERS

The Client understands that the role of the UPW is not to provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, UPW is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The UPW dietary, meal, and macro-nutrient suggestions are only presented as guidance and not as a prescription.  The Client understands that the UPW is not acting in the capacity of a doctor, licensed or registered dietitian-nutritionist, psychologist or other licensed or registered professional, and that any advice given by UPW is not meant to take the place of advice by these professionals. Whether or not the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes, potential dietary supplements use, or exercise plans with his or her doctor and should not discontinue any prescription medications without first consulting his or her doctor.

The information, in written or verbal form given by UPW, including information provided in the mobile application, is for educational purposes only.

The Client has chosen to work with UPW and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.

The Client understands that any result desired by enrolling in this program, whether health related, weight loss, or other is the responsibility of the Client. UPW and the Program make no guarantee of any result at all.

PERSONAL RESPONSIBILITY, ASSUMPTION OF RISK, AND RELEASE OF HEALTH CARE RELATED CLAIMS

The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this voluntary program.

The Client expressly assumes all risks associated with participation in the Program, including but not limited to the risks of trying new foods or supplements and the risks inherent in making lifestyle changes.

The Client understands and acknowledges that participation in exercise, fitness training, and physical activity involves inherent risks, including but not limited to the use of exercise equipment, strength training, cardiovascular exercise, stretching, and other strenuous physical activities.

The Client understands that these activities may involve risks of injury, including but not limited to muscle strains, sprains, ligament or tendon injuries, joint injuries, falls, dizziness, abnormal blood pressure responses, heart complications, or other physical injury, illness, or in rare circumstances, serious injury or death.

The Client acknowledges that they are voluntarily participating in any exercise or physical activity recommended as part of the Program and assume full responsibility for any risks, injuries, or damages known or unknown that may occur as a result of participation, including those that may arise from the use of exercise equipment or participation in strenuous physical activity.

The Client agrees to participate at their own pace and within their personal limits and understands that they are responsible for stopping any exercise or activity that causes pain, discomfort, dizziness, or other concerning symptoms. The Client further agrees to consult with a qualified healthcare provider prior to beginning or modifying any exercise program if they have any medical concerns or conditions.

The Client, on behalf of themselves and their children, parents, heirs, assigns, successors, personal representatives, and estate, hereby releases and forever discharges UPW from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, whether known or unknown, which the Client now has, ever had, or may have in the future against UPW arising from or relating to the Client’s past, present, or future participation in, or otherwise with respect to, the Program.

This release is intended to be binding upon the Client and upon their children, parents, heirs, assigns, successors, personal representatives, and estate.

SCHEDULING

Our Clients have busy schedules and we take pride in not keeping them waiting or keeping them longer than planned. Each session will end at the appointed time. Please be on time. If the Client needs to cancel or reschedule the appointment, the Client must do so 24 hours in advance; otherwise, the Client will forfeit that appointment and will not have an opportunity to reschedule it.

PAYMENTS AND REFUNDS

The Client hereby acknowledges and assumes full financial responsibility for all charges related to the Program and services provided UPW. Client understands and agrees that all payments are non-refundable, and explicitly waives any right to dispute transactions.

In the event of the Client’s absence or withdrawal, for any reason whatsoever, the payment(s) made are not refundable.

UPW reserves the right to cancel the program if at any point he/she feels it is not advantageous for the coaching program to continue. If this happens, a prorated portion of the payment will be refunded to the Client based on the months remaining less any credit card and/or other fees associated.

CONFIDENTIALITY/PRIVACY POLICY

The Client understands that UPW will make reasonable efforts to maintain the privacy and confidentiality of Client information. However, UPW is a wellness coaching service and is not a “Covered Entity” or “Business Associate” as defined under the Health Insurance Portability and Accountability Act (HIPAA). Therefore, information shared with UPW is not protected under HIPAA regulations.

Health Data Utilization:

Our app collects and processes health-related information such as workout activity, exercise logs, heart rate, and other fitness metrics. This data is collected only with your explicit consent and is used exclusively to deliver core app features, including fitness tracking, progress insights, and cross-device synchronization.

We do not share your health data with any third parties, and we do not use this data for advertising or marketing purposes. All health information is stored securely and access is limited to authorized personnel only. We adhere to industry best practices to ensure data protection.

If you choose to delete your account, all associated personal and health-related data will be permanently deleted from our systems.

Account Deletion:

To request the deletion of your personal information from our database, you can submit a request through our in-app settings or contact form available on our platform. For such requests, please write "delete my account" in the subject line, and include your first and last name and e-mail address in the body of the message. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for administrative purposes. Please note that we will store communications you may send through the Service, as well as any comments you may post, and they may not be subject to modification or deletion. You may also control the information that we collect through the settings in your browser or mobile device. You may configure your browser to reject cookies from our app and may adjust the settings of your mobile device to prevent the Platform from obtaining location information. However, please note that the Service may rely on cookies and location information to function properly and some parts of the Service may not be available if you disable cookies.

ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES

In the event that there ever arises a dispute UPW and Client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client.

This agreement shall be construed according to the laws of the State of Mississippi. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.

FINAL ACKNOWLEDGMENT

By enrolling in the Program, the Client acknowledges that: (1) he/she has reviewed these Terms and Conditions in full; (2) he/she has had an opportunity to discuss the contents with UPW and, if desired, to have it reviewed by an attorney; and (3) the Client understands, accepts and agrees to abide by the terms hereof.