TERMS & CONDITIONS

A legal disclaimer

Never Stay Down, LLC

Terms & Conditions

State College, Pennsylvania · Last Updated: June 2026

Please read these Terms and Conditions ("Terms") carefully before using the website or services of Never Stay Down, LLC ("Company," "we," "us," or "our"). These Terms govern your access to and use of our website, in-person personal training, online coaching, month-to-month memberships, session packages, and any related services. By accessing our website or engaging with our services in any capacity, you agree to be bound by these Terms. If you do not agree, you should not use our website or services.

The Basics

What You Need to Know — Plain & Simple

Before diving into the full legal language, here's a straightforward summary of the most important things to understand when working with Never Stay Down, LLC:

You must be 18 or older (or have a parent/guardian sign on your behalf) and should have medical clearance before beginning any training program.
A waiver is required. All clients must sign a release of liability before their first session — this is non-negotiable and protects both of us.
Cancel with 24 hours notice. Late cancellations and no-shows will result in the session being forfeited or charged. Life happens — just let us know as early as possible.
Packages expire in 90 days. Purchased session bundles must be used within 90 days of purchase. Unused sessions after that date are forfeited.
Refunds are limited. Month-to-month memberships can be cancelled before the next billing cycle. Package refunds are available within 30 days if less than one session has been used.
Be honest about your health. Always disclose injuries, medical conditions, or physical limitations. Your safety depends on it — and withholding this information removes our liability.
Respect is required. We are committed to a professional, welcoming environment. Disrespectful or harmful conduct toward staff or other clients will result in immediate termination of services.
Our content is ours. Training programs, nutrition plans, and all materials we provide are for your personal use only and may not be shared or redistributed.
These terms can change. We'll do our best to notify you of any major updates, but it's a good idea to check back periodically.
Questions? Reach us at info@neverstaydown.biz or 814-933-4254. We're always happy to talk things through.

The full Terms and Conditions below govern your relationship with Never Stay Down, LLC and should be read in their entirety.

Contents

01 Acceptance of Terms
02 Services Offered
03 Eligibility
04 Client Agreements & Waivers
05 Payment Terms
06 Cancellation & Rescheduling Policy
07 Refund Policy
08 Session Packages & Expiration
09 Health & Medical Disclosure
10 Assumption of Risk & Liability
11 Online Coaching & Virtual Services
12 Intellectual Property
13 User Conduct
14 Termination of Services
15 Modifications to Terms
16 Governing Law
17 Contact Information

Acceptance of Terms

By accessing this website, booking a service, enrolling in a training program, or otherwise engaging with Never Stay Down, LLC, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety, along with our Privacy Policy and Legal Disclaimer, both of which are incorporated herein by reference.

These Terms constitute a legally binding agreement between you ("Client" or "User") and Never Stay Down, LLC. If you are accessing our services on behalf of a minor, you represent that you have the legal authority to bind that individual to these Terms.

Services Offered

Never Stay Down, LLC provides the following services:

In-Person Personal Training: One-on-one or small group training sessions conducted at a designated location in or around State College, Pennsylvania.
Online Coaching & Virtual Training: Remote coaching services delivered via video, app-based programming, or digital communication platforms.
Month-to-Month Memberships: Ongoing training services billed on a recurring monthly basis with no long-term contract commitment.
Session Packages: Pre-purchased bundles of training sessions redeemable over a defined period.
Nutrition Guidance: General nutritional coaching and meal planning support provided as a complement to training services.

We reserve the right to modify, add, or discontinue any service offering at any time with reasonable notice to active clients.

Eligibility

To use our services, you must:

Be at least 18 years of age, or have written parental or guardian consent if under 18
Be physically capable of engaging in exercise, or have obtained medical clearance from a licensed physician prior to beginning any program
Provide accurate, complete, and current information when registering or booking services

Never Stay Down, LLC reserves the right to decline service to any individual at its sole discretion.

Client Agreements & Waivers

Prior to participating in any training session or program, all clients are required to complete and sign a Client Waiver and Release of Liability. This document is a condition of service and must be executed before any in-person or virtual training commences.

The waiver covers, but is not limited to:

Voluntary assumption of inherent risks associated with physical activity
Release of liability for injury, illness, or damages arising from participation
Acknowledgment of health and fitness disclosures
Consent to receive fitness and general nutrition guidance

Important

Execution of a separate waiver does not replace or supersede these Terms and Conditions. Both documents govern your relationship with Never Stay Down, LLC and should be read together.

Payment Terms

All fees for services are due in accordance with the payment schedule established at the time of enrollment or booking. The following terms apply:

Month-to-Month Memberships: Billed automatically on a recurring monthly basis on the same date each month. Continued use of services constitutes authorization for recurring charges.
Session Packages: Payment is due in full at the time of purchase prior to the commencement of sessions.
Individual Sessions: Payment is due at the time of booking or prior to the session, as designated by Never Stay Down, LLC.
Late Payments: Services may be paused or suspended for accounts with outstanding balances. Never Stay Down, LLC reserves the right to require full payment before resuming services.

All payments are processed securely through our designated third-party payment provider. Never Stay Down, LLC does not store credit card or banking information directly.

Cancellation & Rescheduling Policy

We understand that scheduling conflicts arise. The following cancellation and rescheduling policy applies to all clients:

Cancellations with 24+ hours notice: Sessions may be rescheduled at no charge.
Cancellations with less than 24 hours notice: The session will be forfeited and counted as a completed session for package clients, or charged at the standard session rate for month-to-month clients.
No-Shows: Failure to appear for a scheduled session without prior notice will result in the full session being forfeited or charged.
Trainer Cancellations: In the event that Never Stay Down, LLC must cancel a session, the client will receive a full make-up session at no additional charge.

Cancellations must be submitted directly via phone or email. Cancellation requests made via text message or social media are not guaranteed to be received and should be confirmed.

Refund Policy

All sales are generally considered final. The following refund terms apply:

Month-to-Month Memberships: May be cancelled with written notice prior to the next billing cycle. Fees already charged for the current billing period are non-refundable.
Session Packages: Unused sessions from a purchased package may be refunded on a pro-rated basis within 30 days of the original purchase date, provided no more than one session has been used. After 30 days, all sales are final.
Medical Exceptions: In the event a client is unable to continue services due to a documented medical condition or injury, Never Stay Down, LLC will review refund or credit requests on a case-by-case basis with appropriate documentation.

Refund requests must be submitted in writing to info@neverstaydown.biz.

Session Packages & Expiration

Purchased session packages are subject to the following terms:

Session packages must be used within 90 days of the purchase date unless otherwise agreed upon in writing.
Unused sessions that expire after this period are forfeited and are not eligible for refund or extension, except in documented medical circumstances.
Sessions are non-transferable and may only be used by the purchasing client.
Package pricing is contingent on the full package being purchased; partial use does not entitle the client to a retroactive per-session rate adjustment.

Health & Medical Disclosure

All clients are required to disclose any known medical conditions, injuries, physical limitations, or health concerns that may affect their ability to participate in a training program. This information must be provided prior to the first session and updated promptly if your health status changes.

Never Stay Down, LLC strongly recommends that all clients obtain written medical clearance from a licensed physician before beginning any new fitness program, particularly if you have:

A history of cardiovascular, respiratory, or metabolic conditions
Recent surgery or injury
Chronic pain or musculoskeletal conditions
Pregnancy or postpartum status
Any other condition that may be affected by physical exertion

Failure to disclose relevant health information releases Never Stay Down, LLC from liability for any adverse outcomes arising from undisclosed conditions.

Assumption of Risk & Limitation of Liability

Physical training and exercise involve inherent risks. By engaging with our services, you voluntarily assume all risks associated with participation, including but not limited to muscular injury, joint strain, cardiovascular events, and other physical harm.

To the fullest extent permitted by Pennsylvania law, Never Stay Down, LLC, its owner, trainers, employees, and affiliates shall not be liable for any direct, indirect, incidental, or consequential damages — including personal injury, property damage, or financial loss — arising from your use of our services or website.

This limitation of liability applies in addition to, and does not replace, any separate waiver or release of liability you have executed with Never Stay Down, LLC.

Online Coaching & Virtual Services

Clients participating in online or virtual coaching programs agree to the following additional terms:

You are solely responsible for ensuring your training environment is safe, free from hazards, and appropriate for physical activity.
Never Stay Down, LLC is not responsible for injuries, accidents, or damages that occur during at-home or remote training sessions.
You are responsible for having adequate equipment, space, and internet connectivity to participate in virtual sessions.
Online programs and digital content provided are for your personal use only and may not be shared, redistributed, or reproduced without written consent.
Technical issues on your end (e.g., poor connectivity, equipment failure) do not entitle you to a session refund or make-up.

Intellectual Property

All content on the Never Stay Down, LLC website — including but not limited to text, graphics, logos, workout programs, nutrition plans, training materials, videos, and digital content — is the exclusive property of Never Stay Down, LLC and is protected by applicable copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, publicly display, or create derivative works from any content without prior written permission from Never Stay Down, LLC. Any unauthorized use of our content may result in legal action.

Clients who receive personalized training programs, nutrition guides, or coaching materials as part of their service agreement are granted a limited, non-transferable, personal-use license for those materials only.

User Conduct

By using our website and services, you agree to conduct yourself in a respectful, professional, and lawful manner at all times. You agree not to:

Harass, threaten, or intimidate staff, trainers, or other clients
Provide false or misleading information in connection with your health, identity, or payment
Use our website or services for any unlawful purpose
Attempt to gain unauthorized access to our systems, data, or accounts
Post or transmit harmful, offensive, or defamatory content in connection with our business

Violation of this conduct policy may result in immediate termination of services without refund.

Termination of Services

Never Stay Down, LLC reserves the right to terminate or suspend services to any client at its sole discretion, including but not limited to cases involving:

Non-payment or repeated late payment
Violation of these Terms and Conditions
Disrespectful, threatening, or inappropriate conduct toward staff or other clients
Failure to disclose material health information that poses a safety risk
Conduct that is incompatible with a safe and professional training environment

In the event of termination by Never Stay Down, LLC for reasons other than client misconduct, unused pre-paid sessions or membership fees will be refunded on a pro-rated basis. No refunds will be issued in cases of termination due to client misconduct or violation of these Terms.

Modifications to Terms

Never Stay Down, LLC reserves the right to update, revise, or modify these Terms and Conditions at any time. When changes are made, the "Last Updated" date at the top of this page will be revised accordingly. We will make reasonable efforts to notify active clients of material changes via email or website notice.

Your continued use of our website or services following the posting of updated Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or the services provided by Never Stay Down, LLC shall be subject to the exclusive jurisdiction of the state and federal courts located in Centre County, Pennsylvania.

In the event of a dispute, both parties agree to attempt resolution through good-faith negotiation before pursuing formal legal action.

Contact Information

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us directly:

Never Stay Down, LLC
State College, Pennsylvania
Email: info@neverstaydown.biz
Phone: 814-933-4254

Legal Disclaimer

The information, services, and content provided by Never Stay Down, LLC are intended for general fitness, wellness, and coaching purposes only. Nothing contained in these Terms, on our website, or within any program or communication from Never Stay Down, LLC constitutes legal, medical, financial, or professional advice of any kind.

By engaging with our services, you acknowledge and agree to the following:

No Medical Advice: Fitness programming, nutrition guidance, and wellness recommendations provided by Never Stay Down, LLC do not substitute for advice from a licensed physician, registered dietitian, or qualified healthcare professional. Always consult your doctor before beginning any exercise or nutrition program.
No Guaranteed Results: Any results, transformations, or outcomes referenced in our materials, testimonials, or communications represent individual experiences. Results are not guaranteed and will vary based on individual effort, consistency, health status, and other factors.
Assumption of Risk: Participation in physical training activities carries inherent risk of injury. You voluntarily assume all such risks by engaging in our services, whether in-person or virtually.
Limitation of Liability: To the maximum extent permitted by Pennsylvania law, Never Stay Down, LLC shall not be held liable for any injury, loss, damage, or adverse outcome — direct or indirect — arising from your use of our services, website, or content.
Third-Party Services: Never Stay Down, LLC may reference or link to third-party tools, platforms, or resources. We are not responsible for the accuracy, availability, or practices of any third-party service.
No Attorney-Client Relationship: These Terms and Conditions, and all associated legal documents on this website, were prepared for operational purposes and do not establish an attorney-client relationship. Never Stay Down, LLC recommends seeking independent legal counsel for any legal concerns.

These Terms and Conditions, together with our Privacy Policy and Legal Disclaimer, constitute the entire agreement between you and Never Stay Down, LLC with respect to your use of our website and services. In the event of a conflict between these documents, these Terms and Conditions shall prevail.

Attorney Review Recommended

These Terms and Conditions were prepared for general informational and operational purposes and do not constitute legal advice. Never Stay Down, LLC recommends consulting a licensed Pennsylvania attorney to review these Terms prior to publishing to ensure full legal compliance with applicable state and federal law.