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. Individual results will vary. UPW does not guarantee any specific outcome, including but not limited to weight loss, health improvements, or performance results.

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.

PROGRAM DELIVERY AND APP ACCESS

All coaching programs are delivered in whole or in part through the UpLevel coaching application (the "App"). The Client is responsible for downloading the App, completing the onboarding setup process, and maintaining access to a compatible device throughout the duration of the Program.

Upon enrollment, the Client will receive an invitation to join the App. The Client agrees to complete the required onboarding steps, including accepting these Terms and Conditions within the App, before their first coaching call.

App access is provided for the duration of the Client's active program. Upon cancellation or completion of the Program, App access may be removed at UPW's discretion.

SCHEDULING AND COACHING CALLS

Coaching sessions are scheduled in advance on a recurring basis. Sessions will begin and end at their scheduled times, and Clients are expected to arrive on time.

Clients must provide at least 24 hours’ notice to cancel or reschedule a session. Failure to do so will result in forfeiture of that session without the opportunity to reschedule.

Clients may request to reschedule up to 25% of their total scheduled coaching sessions, subject to coach availability.

Coaching sessions are conducted via Google Meet or such other platform as UPW may designate.

The number, frequency, and duration of coaching sessions vary by program and will be communicated at the time of purchase or enrollment. By enrolling in a program, the Client acknowledges and agrees to the applicable session structure.

RECURRING CHECK-INS

Clients enrolled in a program receive recurring check-ins through the App. Check-in submissions—including completed check-in forms, progress metrics, and progress photos (where applicable)—must be submitted by the deadline specified in the check-in reminder.

If a Client fails to submit a check-in by the stated deadline, that check-in will be forfeited. UPW coaches are not obligated to review or respond to submissions received outside of the designated submission window.

Check-in metrics, including weight, measurements, progress photos, and other requested data, must be submitted under consistent conditions as directed by the Client’s coach. The frequency and requirements of check-ins may vary by program and coach direction.

COACH MESSAGING AND RESPONSE TIMES

All Client-to-coach communication is conducted through the App.

The level of messaging access and coach response times vary by program and will be communicated at the time of purchase or enrollment. By enrolling in a program, the Client acknowledges and agrees to the applicable messaging support and response time expectations.

PAYMENTS AND REFUNDS

By completing the purchase, the Client acknowledges and agrees to the stated cost of the Program and assumes full financial responsibility for all charges related to the Program and services provided by UPW. All payments are final and non-refundable.

Payment may be made in full via Stripe, or through Affirm, Klarna, or other financing options where available. If the Client elects to use a financing option, the full program investment remains the Client’s obligation to the financing provider, regardless of early withdrawal or cancellation. UPW receives payment in full from the financing provider at the time of enrollment. By selecting a financing option, the Client agrees to the terms and conditions of the applicable financing provider.

In the event of the Client’s absence, withdrawal, or failure to participate in the Program for any reason whatsoever, all payments made remain non-refundable.

UPW reserves the right to cancel or terminate a Client’s participation in the Program at its sole discretion. In such cases, UPW may, in its sole discretion, issue a prorated refund based on the unused portion of the Program, less any processing fees or costs incurred.

By enrolling in the Program, the Client acknowledges and agrees that all payments are final and non-refundable. Initiating a chargeback or payment dispute in violation of these Terms constitutes a material breach of this Agreement.

In the event of a chargeback or payment dispute, UPW reserves the right to provide these Terms and all supporting documentation to the applicable financial institution and to pursue any available remedies to recover the disputed amount, including but not limited to collections, legal action, and recovery of any associated fees and costs.

INTELLECTUAL PROPERTY

All materials, content, and resources provided by UPW are the intellectual property of UPW and may not be copied, distributed, or reproduced without prior written consent.

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.

Use of the App and services is also governed by our Privacy Policy.

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.

MODIFICATION OF TERMS

UPW reserves the right to update or modify these Terms and Conditions at any time. Continued participation in the Program or use of the App after any such changes constitutes the Client’s acceptance of the revised Terms.

SMS/Text Messaging Terms

By opting in to receive SMS text messages from UpLevel Precision Wellness, you agree to the following terms:

Program Description: UpLevel Precision Wellness uses SMS to send appointment reminders, program updates, account status notifications, and promotional offers.

Message Frequency: Message frequency varies based on your interaction with our services.

Message & Data Rates: Standard message and data rates may apply depending on your mobile carrier plan.

Opt-Out Instructions: You may opt out of receiving SMS messages at any time by replying STOP to any message you receive from us.

Support Instructions: If you need assistance, reply HELP to any message, or contact us at +1 601-414-0249.

Carrier Liability: Mobile carriers are not liable for delayed or undelivered messages.

Age Restriction: You must be 18 years or older to participate in our SMS program.

Privacy: For more details on how we handle your data, please review our Privacy Policy.

CONTACT INFORMATION

If you have questions about these Terms and Conditions, please contact us at:

Email: [email protected]

Phone Number: +1 601-414-0249
Contact Form: https://uplevelpw.com/contact

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.