Terms and Conditions

Terms and Conditions for Toned By Cody Programs

Please read these terms carefully before you enroll. By enrolling in a Toned By coaching program and making your first payment, you agree to these terms.

These terms apply to every Toned By coaching program, including the 3 month, 6 month and 12 month coaching programs (for example, Toned By | Ultimate Transformation+ 180 Days) and any other program sold on tonedby.com or through our coaching app. Your agreement with us is made up of these terms, the program page you enrolled through, and the checkout page. If these terms and the program page conflict, the price, program length and payment plan shown at checkout control.

Program Cost and Payment

  1. Price and payment plans
    The price of your program is shown on the program page and at checkout. Current payment plans are:
    3 month program: $225 per month, 3 payments (total $675)
    6 month program: $197 per month, 6 payments (total $1,182)
    12 month program: $197 per month, 12 payments (total $2,364)
    Prices can change for future enrollments. The price, program length and payment plan shown at checkout when you enroll are the ones that apply to you.
  2. A payment plan is not a subscription
    A payment plan splits the full program price into monthly installments. It is not a subscription or membership. When you enroll on a payment plan you are buying the whole program, and the full program price is owed whether or not you use the program.
    Each installment is charged automatically to the payment method on file on the scheduled date. You authorize these charges when you enroll. The checkout page shows the amount, the number of payments and the billing date before you pay.
    Your checkout page may describe the plan as a package that "automatically renews." That refers to the automatic monthly installments. The program does not renew or continue past your final installment. After your final scheduled payment you will not be charged again unless you enroll in a new program.
  3. No cancellations or refunds
    All sales are final. Once you enroll you cannot cancel the program or the payment plan, and no refunds are given, except as provided in the Results Guarantee section below.
    Stopping the program, not using the app, not responding to your trainer, or asking to cancel does not end your payment obligation. Every installment remains due on schedule.
  4. Failed or missed payments
    If a payment fails, we will notify you by email and retry the payment method on file. You have 7 days to update your payment method or bring the payment current.
    If the payment is not resolved within 7 days, we may pause your program access until it is. Pausing access does not reduce what you owe and does not extend your program.
    Unpaid balances remain due. We may use any lawful means to collect them, including a collection agency or legal action.
  5. Payment questions
    If you have a question about a charge, email tonedbycody@gmail.com before contacting your bank. Most billing questions are resolved within a few days. Asking a question does not pause or change your payment obligations.
  6. Chargebacks
    If you dispute a charge with your bank or card issuer instead of contacting us, we will provide your enrollment records to the bank, including these terms, the program page, your checkout confirmation and your payment history. A chargeback does not cancel your program or your payment plan, and any amount reversed by your bank remains due to us.
  7. Payment processing
    Payments are processed through our coaching platform, Everfit, and its payment processor, Stripe.

Program Length and Access

  1. Program length
    Your program starts on the date of your first payment and runs for the length shown on the program page (for example, 180 days for the 6 month program).
  2. When access ends
    Access to your trainer, the app, tracking tools and program materials ends when your program length is up. We do not pause or extend programs, and unused time is not refunded or credited.

What Is Included

  1. Included services
    What is included in your program is listed on the program page. Programs generally include custom nutrition guidelines, a custom workout plan, a dedicated trainer, messaging with your trainer through the Everfit app, weekly check ins, program adjustments as needed, and app access for the length of the program.
  2. Your part
    Results depend on your participation. Your trainer provides the plan, the adjustments and the accountability. You are responsible for doing the work, tracking accurately and honestly, and communicating with your trainer.

Results Guarantee

  1. What we guarantee
    If you meet every requirement in item 2 for the full length of your program and you have not made measurable progress by the end of the program compared with your documented starting point, we will refund your final program payment.
    Measurable progress means a reduction in body weight, body fat or body measurements (for example, waist or hips), as recorded in the app, compared with the weight, measurements and photos you record at the start of your program.
  2. Eligibility requirements
    To be eligible, you must do all of the following, and it must be documented in the app for the full length of your program:
    Record your starting weight, measurements and photos in the app within the first 7 days of your program.
    Complete all required daily tracking in the app accurately and every day, as assigned by your trainer.
    Respond to every scheduled check in from your trainer within 48 hours.
    Follow the nutrition guidelines and workout plan as written, and implement every reasonable adjustment your trainer gives you.
    Keep every scheduled payment current.
    Follow the Participant Conduct rules below.
    If you miss a day of tracking, miss a check in window, skip an adjustment, or fall behind on a payment, you are no longer eligible. Tracking done outside the app cannot be verified and does not count.
  3. How to claim
    Email tonedbycody@gmail.com within 7 days after your program ends with the subject line "Results Guarantee." We will review your app records and respond within 14 days. If you are eligible, we refund your final payment to your original payment method within 10 business days of approval.
  4. What the guarantee does not cover
    The guarantee is not a right to cancel the program or the payment plan early. It applies only after the program ends, only to your final payment, and only once per program. It is the only refund available under these terms.

Participant Conduct

  1. Code of conduct
    Keep your communication with your trainer and our team respectful. Abusive language, harassment, threats and spam are not allowed.
  2. Removal
    We may remove a client who breaks this code immediately. Removal for misconduct does not entitle you to a refund and does not end your payment plan.

Health and Safety Disclaimer

  1. Not medical advice
    Toned By provides fitness and nutrition coaching for general wellness. It is not medical, psychological, financial or legal advice, and your trainer is not your doctor.
  2. Talk to your doctor
    Check with your doctor before starting any nutrition or exercise program, especially if you are pregnant, have an injury or a medical condition, or take medication that affects diet or exercise. Tell your trainer about anything that limits what you can safely do.
  3. Assumption of risk
    Changes to exercise and diet carry a risk of injury or illness. You take part at your own risk, and you are responsible for working within your own limits and stopping if something hurts or feels wrong.
  4. Results vary
    Client results shown on our site and social media are individual results and do not promise the same result for you. The only guarantee we make is the Results Guarantee above.

Changes to These Terms

  1. Future enrollments
    We may update these terms for future enrollments. The terms in effect on the date you enroll apply to your enrollment for its full length. Each version of these terms carries its effective date at the top.

General

  1. Exceptions
    Any exception we make for one client is at our discretion and does not change these terms for anyone else.
  2. Governing law
    These terms are governed by the laws of the State of Texas.
  3. Questions
    Email tonedbycody@gmail.com with any questions before you enroll.

Acceptance

By enrolling and making your first payment, you confirm that you are at least 18 years old, that you have read and understood these terms, and that you agree to them.

Three things go with this. The program page and the Everfit package description still say "GUARANTEED RESULTS OR YOUR MONEY BACK." Your money back now means the final payment, so change that line to "RESULTS GUARANTEE" or "or your final payment back," or the headline will promise more than the terms deliver, which is the same mismatch you just had. Change the effective date to the day you post it, and save a dated PDF of the page each time you change it, since the terms now promise that the version in effect on the enrollment date governs. And I am not a lawyer. The chargeback clause, the collections language and the Texas governing law line are the three places worth twenty minutes of one's time before this goes live.