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Terms & Conditions

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Last Updated: 10.14.25

These Terms & Conditions (“Terms,” “Agreement”) govern your access to and use of the services, website, and offerings provided by Strong Foundations Performance and Wellness, (“Company,” “we,” “us,” or “our”). By accessing or using our services, website, or otherwise engaging with us, you (“you,” “Client,” “Customer,” or “User”) agree to these Terms.

If you do not agree to these Terms, you should not access or use our services or website.

1. Definitions

In these Terms, unless context requires otherwise:

  • “Services” means the health, wellness, coaching, consulting, home-assessment, or other services we provide directly to you (excluding products unless explicitly included).

  • “Website” refers to strongfoundationspw.com, and any subdomains, pages, or online portals under our control.

  • “Client Materials” means data, information, documents, or materials that you provide to us in connection with the Services.

  • “Fees” means the monetary amounts you pay us for Services, including any deposits, recurring payments, or additional charges.

  • “Applicable Law” means all federal, state, and local statutes, regulations, and rules applicable to the Services, including professional licensing laws, health & safety laws, etc.

2. Scope of Services, Modifications & Exclusions

  1. Service Description. We agree to provide the Services you request and we accept, subject to these Terms, our policies (e.g., Privacy Policy), and any mutually agreed Service Addendum or Statement of Work.

  2. Modifications. We may, in our discretion, change, pause, or discontinue (temporarily or permanently) the Services or portions thereof, with or without notice.

  3. Exclusions. Unless explicitly stated, we do not provide medical diagnosis, prescriptions, or emergency care. If you require such services, you should consult a qualified medical professional.

  4. Client Cooperation. You agree to provide accurate information and materials, be responsive to our requests, and cooperate so we can provide the Services in a timely and effective manner.

3. Client Eligibility & Representations

You represent and warrant that:

  • You are at least 18 years old, or have legal capacity to enter into this Agreement.

  • You are not prohibited by law from receiving the Services.

  • All information you provide to us is true, accurate, and complete.

  • You will comply with applicable laws (including health, privacy, and licensing laws) in your use of the Services.

4. Fees, Payment & Refunds

  1. Fee Schedule & Invoicing. Our Fees for Services will be as set forth in our schedule, proposal, or invoice. You agree to pay all Fees due, in the timeframe specified.

  2. Payment Methods. We accept payment by credit card and ApplePay. You must provide valid payment information.

  3. Late Payment & Interest. If an invoice is not paid when due, we may charge interest at the rate of 3%.

  4. Refunds / Cancellation.
     a. If you cancel a Service session with less than 24 hours notice, you may still owe the full Fee or a cancellation fee.
     b. Except as required by law or as otherwise agreed in writing, Fees paid are non-refundable.

  5. No Set-off. You may not withhold or reduce payment for any alleged claims, disputes, or counterclaims unless we expressly agree in writing.

5. Intellectual Property & Use of Materials

  1. Company Materials. Unless otherwise agreed, all intellectual property rights in materials, toolkits, software, documents, or content we provide (“Company Materials”) remain with us (or our licensors).

  2. License to Use. We grant you a limited, non-exclusive, non-transferable license to use the Company Materials solely for your internal, personal use in connection with the Services.

  3. Client Materials. You retain ownership of Client Materials that you provide to us. You grant us a non-exclusive, royalty-free license to use, reproduce, and modify those materials as necessary to perform the Services.

  4. Restrictions. You may not reproduce, distribute, sublicense, or publicly display the Company Materials (or derivatives) except as permitted under this license without our prior written consent.

6. Confidentiality & Privacy

  1. Confidential Information. “Confidential Information” means information disclosed by one party to the other that is designated or reasonably understood to be confidential, including health data, business strategies, or technical methods.

  2. Protection. Each party agrees to protect Confidential Information of the other using commercially reasonable safeguards and not to use or disclose it except as necessary to perform under this Agreement or as required by law.

  3. Compelled Disclosure. If required by law (e.g. court order, regulatory requirement), the receiving party may disclose Confidential Information, but must, if legally permitted, give prompt notice to the disclosing party.

  4. Privacy Policy & Utah Law. Our use of your personal data is governed by our Privacy Policy. To the extent Utah law (or federal law, e.g. HIPAA) requires additional protections, those will govern.

7. Disclaimers, Limitations, & Warranties

  1. “As Is” Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

  2. No Guarantee. We make no guarantee that the Services will achieve specific results. Health and wellness outcomes depend on many factors outside our control.

  3. Utah Waiver & Liability Limitations.
     a. In Utah, pre-injury waivers (liability releases) are generally enforceable unless they are ambiguous, violate public policy, or attempt to release liability for gross negligence or willful misconduct. 
     b. Nothing in this Agreement limits liability for death or bodily injury caused by gross negligence or willful misconduct.

  4. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY (whether in contract, tort, or otherwise) arising out of or related to these Terms or the Services shall not exceed the total amount of fees you paid us in the preceding 12 months. We will not be liable for indirect, incidental, consequential, or punitive damages, even if advised of the possibility.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company (and its officers, employees, agents, affiliates, successors) from and against any losses, liabilities, damages, claims, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:

  • Your breach of these Terms

  • Your negligence, intentional misconduct, or violation of law

  • Your use of the Services or Website in violation of these Terms

9. Term, Termination & Suspension

  1. Term. This Agreement begins on the Effective Date and continues until terminated as provided herein.

  2. Termination by Either Party. Either party may terminate this Agreement (or particular Services) by written notice if the other party materially breaches a provision and fails to cure within [e.g. 30 days].

  3. Termination for Convenience. Either party may terminate for convenience with 24 hours notes for single visits.

  4. Effect of Termination. Upon termination:
     a. You pay all outstanding Fees for Services rendered up to termination.
     b. We may cease performance and will return or destroy (as appropriate) Client Materials.
     c. Sections that by their nature should survive (e.g., confidentiality, indemnification, limitation of liability) will continue.

10. Dispute Resolution & Governing Law

  1. Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to conflict-of-law rules.

  2. Venue & Jurisdiction. Any legal action or proceeding arising under or related to these Terms or the Services must be brought in the state or federal courts located in Salt Lake County, Utah. You submit to the exclusive jurisdiction and venue of those courts.

  3. Alternative Dispute Resolution. Before filing suit, the parties agree to good faith mediation in Utah. If mediation fails, either party may file suit.

11. Changes to Terms

We may revise these Terms at any time in our discretion by posting the new version on the Website and updating the “Last Updated” date. Changes to provisions regarding dispute resolution or governing law will not apply retroactively to claims already known to one party before the change. Your continued use of Services or Website after changes means you accept the new Terms.

12. Notices

All notices under this Agreement should be in writing and delivered to the addresses or email addresses specified by the parties. Notice is effective when delivered (if in person or by certified mail) or one business day after sending via email (provided no bounce-back or failure notice).

13. Severability & Waiver

  • If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision is deemed modified to reflect the parties’ intent to the extent enforceable; the remainder of the Terms remains in full force.

  • No waiver by us of any right under these Terms is effective unless in writing; delay or failure to enforce any term does not constitute a waiver.

14. Assignment

You may not assign or transfer your rights or obligations under this Agreement (by operation of law or otherwise) without our prior written consent. We may assign or delegate our rights and responsibilities (in whole or part) without your consent, provided that any assignee agrees to be bound by these Terms.

15. Entire Agreement

This Agreement (together with our Privacy Policy and any Service Addenda you and we execute) constitutes the entire agreement between you and us regarding the Services and supersedes all prior or contemporaneous understandings, proposals, or agreements, whether written or oral, relating to those services.

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