Terms & Conditions

Just Start Fitness – Terms of Service
Effective: 20 April 2025

These Terms of Service constitute a legally binding agreement between you and Just Start Fitness (referred to herein as “Just Start and JS,” “we,” “our,” or “us”) governing your use of the Just Start platform, including our mobile application (the “App”) and our website (the “Site”). The services provided by Kickoff to Clients (defined below), including the Site and App, are collectively referred to as the “Platform.”

PLEASE READ CAREFULLY: BY CLICKING “I AGREE,” REGISTERING FOR AN ACCOUNT, DOWNLOADING OR USING OUR APP, OR ACCESSING THE Just Start PLATFORM IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

These Terms are effective as of the earlier of the date you click “I agree” or begin using the Platform. If you are agreeing on behalf of a company or organization, you represent and warrant that you have authority to bind them to these Terms.

Privacy Policy
Your use of the Just Start Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

PLEASE NOTE: THESE TERMS INCLUDE A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SEE SECTION 14) THAT AFFECT YOUR LEGAL RIGHTS.

The Just Start Platform

Just Start is a web and mobile platform offering personal training services connecting Clients (individuals receiving services) and Trainers (certified professionals providing services). Clients are referred to as “Users.”

Account Registration and Security

To use the Platform, you must register and create an account (“Account”). You agree to provide and maintain accurate, complete, and up-to-date information. You are responsible for all activity under your Account and for maintaining confidentiality of your login details. Notify us immediately of unauthorized use or suspected breaches.

Mobile Communications

By providing your mobile number, you consent to receive calls and texts (including via autodialer or prerecorded messages) for account management and service updates. Standard carrier rates may apply. You may opt out by updating your settings, replying “STOP” to a message, or emailing rick@hard2start.com.

Billing and Payment

You agree to pay fees according to your subscription plan. Prices do not include applicable taxes. All payments are in U.S. dollars. Taxes are based on your billing address and applied at checkout.

User Generated Content

You may upload or share content (“User Generated Content”) via the Platform. You retain ownership but grant Just Start a perpetual, transferable, sublicensable, royalty-free license to use your content to operate and promote the Platform. You must not post content that is illegal, harmful, or infringes on others' rights.

Representations and Warranties

By using the Just Start Platform, you represent and warrant the following:

Legal Eligibility

You are at least 13 years of age, or of the minimum legal age required in your jurisdiction to use such services. If you are under 18, your use of the Platform must be with the consent and supervision of a parent or legal guardian.

You have the legal right, authority, and capacity to enter into this Agreement and comply with its terms.

If you are acting on behalf of an organization or company, you confirm you have the authority to bind that entity to this Agreement.

Commitment to Terms and Conduct

You have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy.

You will fulfill your commitments made through the Just Start Platform, including payment obligations and any service agreements.

You will act responsibly, professionally, and respectfully in your interactions with other Users.

You will comply with all applicable laws, rules, and regulations in good faith while using the Platform.

Prohibited Conduct
You agree not to engage in any of the following activities:

Copying, distributing, or disclosing any part of the Platform in any unauthorized manner.
Using bots, spiders, or other automated systems (except those built into the Platform) to access it.
Sending spam or engaging in phishing, scraping, or similar activities.
Tampering with or attempting to breach the security or functionality of the Platform.
Violating any applicable laws or encouraging unlawful activity.
Uploading malware, viruses, or harmful code.
Infringing intellectual property rights—ours or those of others.
Impersonating any person or entity or misrepresenting your identity.
Harassing, threatening, or harming other Users, Trainers, Just Start staff, or visitors.
Interfering with the Platform’s operation or circumventing security measures.
Accessing or attempting to access unauthorized Accounts or data.
Using the Platform for purposes that infringe on the rights of third parties.
Encouraging or enabling others to violate these terms.

Disclosure of Intentions
You affirm that you are not using the Platform for any undisclosed purposes that Just Start should reasonably know, such as journalistic, investigative, or otherwise unauthorized or unlawful activities. If such a purpose exists or arises, you agree to disclose it to Just Start in writing immediately.

Mobile App Updates and Upgrades

By installing the Just Start mobile app, you consent to the installation of updates or upgrades provided through the Platform. These updates may:

Cause your device to communicate automatically with Just Start’s servers.
Adjust preferences or data related to the App on your device.
Collect personal data (as described in our Privacy Policy), including your location.

You may uninstall the App at any time to stop these interactions.

Termination and Suspension of Just Start Personal Training Account

Unless otherwise agreed to in writing between you and Just Start Personal Training, either party may terminate these Terms of Service for any or no cause, at any time. You may cancel and delete your Personal Training Account at any time by either using the features on the Just Start Personal Training Platform or by written or email notice to rick@hard2start.com.

After cancellation, you will no longer have access to your Account, your profile, or any other information through the Just Start Platform. Provisions of these Terms of Service which by their nature are intended to survive such termination—including, without limitation, those relating to disclaimers of warranties, limitations of liability, and indemnification—shall continue to apply indefinitely.

We reserve the right to refuse access to the Just Start Platform to anyone for any reason at any time. Just Start may terminate or limit your right to use the Just Start Platform if we believe you have breached any provision of this Agreement, by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of that notice. If Just Start terminates or limits your access, you are prohibited from registering and creating a new Account under your name, a false or borrowed name, or the name of any third party, even if you are acting on their behalf.

Even after your right to use the Just Start Platform is terminated or limited, this Agreement will remain enforceable against you. Just Start reserves the right to take appropriate legal action, including but not limited to pursuing arbitration as outlined in Section 14 of these Terms of Service.

Just Start reserves the right to modify or discontinue, temporarily or permanently, any portion of the Platform at its sole discretion, without liability. Just Start may also restrict registration if it believes such action is necessary for the safety, integrity, or business interests of the Platform.

Upon termination or cancellation of your Account, we may delete all of your data, including User Generated Content, in the normal course of operation. Once deleted, your data cannot be recovered.

Links to Third-Party Websites

The Just Start Platform may contain links (such as hyperlinks) to third-party websites. These links do not imply endorsement by Just Start or association with those websites, their content, or their operators. They are provided solely for convenience and informational purposes.

Just Start does not control these third-party websites and is not responsible for:

Their availability or accuracy.
Their content, advertising, products, or services.

You are responsible for evaluating the usefulness and appropriateness of any third-party content you access. You acknowledge that Just Start did not create or develop these websites and disclaims any responsibility for them. We are not liable for claims related to third-party websites.

Just Start has no obligation to monitor or remove links but reserves the right to do so at its sole discretion.

Your use of third-party websites is governed by their respective terms of use and privacy policies. You access them at your own risk. You agree to hold Just Start harmless from any liability arising from your use of such links or third-party content.

Just Start Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces, and other content (collectively, “Proprietary Material”) that users see or read through the Just Start Platform is owned by Just Start, excluding User Generated Content, which users hereby grant Just Start a license to use. Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. Just Start owns all Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such Proprietary Material as a collective work under the United States Copyright Act, as amended. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Just Start Platform without the express prior written consent of Just Start and, if applicable, the holder of the rights to the User Generated Content.

Any use of such Proprietary Material, other than as expressly permitted, is strictly prohibited without the prior written permission of Just Start and, if applicable, the rights holder of the User Generated Content.

The service marks and trademarks of Just Start, including without limitation "Just Start" and related logos, are service marks owned by Just Start. Any other trademarks, service marks, logos, and/or trade names appearing via the Just Start Platform are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the respective owner.

Additionally, you may choose to, or we may invite you to, submit comments, ideas, or feedback about the Just Start Platform, including without limitation how to improve our services or products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and will not place Just Start under any fiduciary or other obligation. We are free to use the Feedback without any additional compensation to you and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that Just Start does not waive any rights to use similar or related Feedback previously known to Just Start, developed by its employees, or obtained from sources other than you. You acknowledge that all emails and other correspondence that you submit to us shall become our sole and exclusive property.

Subject to the terms and conditions herein, you are granted a limited, non-exclusive, non-transferable, freely revocable license to access and use the Just Start Platform. We may terminate this license at any time for any reason or no reason. The Just Start Platform and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, reports generated by the Just Start Platform, and copyrights (the “Just Start Content”), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Just Start or, as applicable, its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Just Start Platform. Use of the Just Start Content or materials on the Platform for any purpose not expressly permitted by this Agreement is strictly prohibited.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, including all applications, registrations, renewals, and extensions thereof, under the laws of any jurisdiction.

Your use of the Just Start Platform and the licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the applicable guidelines and any end-user licenses associated with use of the Platform. Just Start may modify such guidelines at its sole discretion and reserves the right to terminate your account and access to the Platform if it determines a violation of any applicable guidelines.

Just Start respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Just Start Platform infringe upon your copyright or other intellectual property right, please send the following information to Just Start’s Copyright Agent at rick@hard2start.com.

A description of the copyrighted work that you claim has been infringed, including the URL or other specific location on the Just Start Platform where the material you claim is infringed is located. Include enough information to allow Just Start to locate the material and explain why you believe an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL where it is posted or the name of the book in which it has been published;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
Your electronic or physical signature.

Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special, and unique asset of Just Start and agree that you will not disclose, transfer, or use (or seek to induce others to disclose, transfer, or use) any Confidential Information for any purpose other than using the Just Start Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents, provided that they are also bound to maintain the confidentiality of such information. You shall promptly notify Just Start in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer, or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Just Start upon termination of this Agreement for any reason.

The term “Confidential Information” shall mean any and all of Just Start’s trade secrets, confidential and proprietary information, and all other information and data of Just Start that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Just Start or Just Start’s business, operations, or properties, including information about Just Start’s staff, users, or partners, or other business information disclosed directly or indirectly in writing, orally, or by drawings or observation

Disclaimer of Warranties

THE JUST START PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JUST START MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE JUST START PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE JUST START PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE JUST START PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

JUST START DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED ON THE JUST START PLATFORM.

UNDER NO CIRCUMSTANCES WILL JUST START AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY JUST START, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE JUST START PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT JUST START AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO JUST START DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Just Start and its officers, directors, employees, agents, attorneys, insurers, successors and assigns (the “Indemnified Parties”) from and against any and all liabilities incurred in connection with (i) your use or inability to use the Just Start Platform or perform services, (ii) your breach or violation of this Agreement, (iii) your violation of any law, or the rights of any user or third party, and (iv) any content submitted by you or using your account to the Just Start Platform, including but not limited to content that may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. Just Start reserves the right, in its sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You may not settle any claim or matter without the prior written consent of Just Start.

Dispute Resolution – Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND JUST START CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND JUST START TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

You agree that, in the event any dispute or claim arises out of or relating to your use of the Just Start Platform, you will contact us at hello@juststartfitness.com, and you and Just Start will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, you agree that you will not be entitled to recover attorneys' fees, even if otherwise permitted.

Binding Arbitration

You and Just Start agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Just Start Platform (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means you and Just Start waive the right to a jury trial. You may, however, bring a claim against Just Start in small claims court, provided it is eligible, brought individually, and not part of a class or representative action.

Class Action Waiver

You and Just Start agree that all Disputes will be resolved individually and not through a class, consolidated, or representative action. This means you and Just Start waive the right to participate in a class action or similar proceeding.

Arbitration Administration and Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect. These rules can be found at www.adr.org or by calling 1-800-778-7879.

Arbitration Process

To initiate arbitration, a party must provide the other with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be a retired judge or a licensed attorney selected by the parties from AAA’s roster. If the parties cannot agree on an arbitrator within seven days of delivery of the Demand, the AAA will appoint one in accordance with its rules.

Arbitration Location and Procedure

Unless you and Just Start agree otherwise, the seat of the arbitration shall be in Portland, Oregon. If your claim does not exceed USD$10,000, the arbitration will be conducted solely on the basis of documents you and Just Start submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.

Arbitrator’s Decision and Governing Law

The arbitrator shall apply Oregon law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the "Disclaimers and Limitations of Liability" section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees

Each party’s responsibility to pay the arbitration filing, administrative, and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.

Governing Law

Except as provided in Section 14 or expressly provided in writing otherwise, this Agreement and your use of the Just Start Platform will be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement.

No Agency; No Employment

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this Agreement.

General Provisions

Failure by Just Start to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Just Start with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the "Class Action Waiver" in Section 14, in the event any provision is found to be partially or wholly invalid, illegal, or unenforceable, (i) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (ii) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an acquirer of assets, or (3) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Just Start, its successors, and assigns.

Changes to this Agreement and the Just Start Platform

Just Start reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including these terms of service and Privacy Policy) and review, improve, modify, or discontinue, temporarily or permanently, the Just Start Platform or any content or information through the Just Start Platform at any time, effective with or without prior notice and without any liability to Just Start. Just Start will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Just Start Platform. Your continued use of the Just Start Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Just Start may also impose limits on certain features or restrict your access to part or all of the Just Start Platform without notice or liability.

No Rights of Third Parties

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures, and other communications (collectively, "Notices") to which this Agreement refers electronically, including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service

Contacting Us

If you have any questions about these Terms of Service or about the Just Start Platform, please contact us by email at rick@hard2start.com.