Terms of Service Agreement

By signing up for Grow Your Gym Academy you agree to these terms of services effective the day of purchase.

Earnings Disclaimer

Income is not guaranteed and user must have knowledge and effort to make strategies work.

Earning Are Estimates, Not Guarantees

It should be noted that earnings and income statements made by Interactive Online Corporation (DBA Grow Your Gym Academy) and its advertisers / sponsors are estimates only of what we think you can possible earn. There is no guarantee that you will make these levels of income and you accept the risk that earnings and income differ by individual.

Results Are Not Guaranteed

There are no guarantees at the level of success you will have. The testimonials and examples used are exceptional results.

Past Success May Not Occur Again

There is no assurance that examples of past earnings can be duplicated in the future.

You Must Make an Effort

Results should be based on your own knowledge and efforts of taking action to implements our strategies. You agree that Interactive Online Corporation (DBA Grow Your Gym Academy) and the advertisers /sponsors are not liable for any success or failure of your business directly or indirectly related to our strategies, suggestions, products, or services.

Affiliate Disclaimer

Our website and online course contains affiliate links from ClickFunnels and various other companies, products and services. If you use them, we may be rewarded a commissions or credit or for the sale. Please note that we only recommend products, services and tools that we personally use and we will always have my our clients and members’ best interest at heart.

Facebook Policies

Client acknowledges that COMPANY has no control over the change to Facebook policies, search engine policies or algorithm changes. At any time, Client’s website, Facebook Page, Facebook Group or Facebook Ad Account may lose rankings or be excluded from any search engine at the sole discretion of Facebook.

FREE 1 Year Web Hosting Account

One of your bonuses with the course is 1 FREE Year of WordPress Hosting Service through our main company Interactive Online. A special sign-up link will be emailed to you in your welcome letter once you sign up. The 100% discount for the 1st year will show up on the last page when you check out. The Free Hosting account must be claimed within 90 days of signing up for the course. You get the PROFESSIONAL HOSTING plan absolutely free for 1 year. Once the free year is up for renewal you will be billed $231/year or $21/month. Renewal prices are subject to change. If you’d like a more advanced web hosting plan which includes our help with keeping WordPress software and plugins updated, your site backed up remotely and Webmaster Support Hours for any content additions or repairs… please feel free to check out our MANAGED HOSTING plans instead.

BUILD MY SALES FUNNEL FOR ME

If you choose this DFY (Done-For You), we will customize, connect, launch & promote your Sales Funnel Offer for you:

  • Build an Online Sales Funnel for your Special Offer
    We will create the Opt-in Page, Online Schedule Page and Thank You Page for a Free 10 Day Pass for your Gym. 
  • Connect & Automate Services
    We will automate your sales funnel by connecting & configuring 3rd party services such as ClickFunnels (page builder), MailChimp (automated email sequence), Calendly (online schedule), Zapier (task automation) and PushOver (phone notifications). All these services are paid for by the customer on a recurring basis and all are required to get the sales funnel functioning properly. Estimated total cost is $165/month for 3rd party services.
  • Facebook Ad Campaign & Ad Spend
    We will create your Facebook Ad Campaigns, Audiences & Ads for the initial 1 month campaign related to the 10 Day Free Pass Offer. Customer is responsible for up to $500 to $700 worth of Facebook Ad Spend which is required for the first 30 days of the campaign in order for the campaign to be successful. Customer is always responsible for paying the Facebook Ad Spend whenever they choose to run their ad campaigns or have us manage the ads for them.
  • Monthly Campaign Management
    Includes Facebook Ad Campaign Management Service for the first 30 days. We will monitor, optimize and create new campaigns with the goal of getting as many quality leads in the door using your monthly $500-$700 Ad Spend budget for the first 30 days. You can choose to manage the campaign yourself after 30 days or sign up for our Facebook Ad Management Service which is billed at $750/monthly.
  • Guarantees
    We place no guarantees on the amount of leads the campaign will generate nor do we guarantee the campaign will be a success but we will follow proven methods that have been success for other gyms we have applied our strategies to.

BUILD MY WORDPRESS WEBSITE FOR ME

If you choose this DFY (Done-For You), we will customize and launch a multi-page WordPress website for your gym which will include the following:

  • 15 Page WordPress Website using Pre-made Design
    Homepage, About, Programs, Coaches, Pricing, Testimonials, Success Stories, Photos, Schedule, Events, Shop, Blog, Contact Us, Privacy Policy, Terms of Service.
  • 1 Year of Managed WordPress Hosting
    Web hosting storage of the website’s files, email services, MySQL database and daily remote backup. 25 GB Storage, 250 GB Traffic, 1 Domain Hosted, 1 GB Memory, 3 Hours Webmaster Support (per year). Billed at $588/year after 1 year.
  • Deadline
    4 to 6 weeks.

BUILD MY CLICKFUNNELS WEBSITE FOR ME

If you choose this DFY (Done-For You), we will customize and launch a ClickFunnels Website for your gym built using the ClickFunnels Service:

  • 1-3 Page WordPress Website using Pre-made Design
    Homepage with sections for Programs, Coaches, Location, Schedule, Pricing & Contact Info
  • Required Services
    The ClickFunnels Fitness Website requires an active ClickFunnels account for $97/month which is paid for by the customer directly to ClickFunnels. If the customer also wants to integrate online scheduling and email automation, additional services & fees may be required.
  • Deadline
    4 weeks.

DONE-FOR-YOU TERMS OF SERVICE

Any DFY (Done-For-You) Services that are purchased abide by these terms.

Non-Disclosure Agreement

This Non-Disclosure Agreement is executed on the day it is first reviewed by and between Grow Your Gym Academy (hereafter referred to as “Company”) and the Customer. I agree that the information I am requesting from the Company is confidential, proprietary and may contain trade secrets.  I understand that it will be provided in confidence.  I agree not to disclose this information to any third parties and that my obligation of confidentiality shall extend for a period of three (3) years from the date of disclosure by the Company. I will be under no obligation of non-disclosure for any information which: a) At the time of disclosure had been published or was otherwise in the public domain; b) After disclosure is published or otherwise becomes a part of the public domain through no fault on its behalf; or c) Is or has been rightfully disclosed to it, by a party that has no obligation to the “owner” directly or indirectly with respect thereto to the extent that such third party disclosure is received without an obligation of confidentiality. Each party represents and warrants that, on the date contract was first reviewed, that they are authorized to enter into this Non-Disclousure Agreement in entirety and duly bind their respective principals.

Agreements

This Agreement is executed on the day of purchase and made by and between Grow Your Gym Academy (“Company”) and (“Customer”).

In consideration of the mutual covenants set forth in this Agreement, Customer and Company hereby agree as follows:

1. DEVELOPMENT OF WEBSITE

If DFY (Done-For-You) Services are purchased by the Customer, Company agrees to develop the website according to the terms listed. Website is developed using WordPress and any Customer requests or revisions could be limited to the ability of the software.

2. SPECIFICATIONS

Company agrees to develop the website pursuant to the specifications set forth in this proposal.

3. DELIVERY OF WEBSITE

Company will use reasonable diligence in the development of the website to deliver to Customer an operational website no later than the deadline. Customer acknowledges, however, that this delivery deadline, and the other payment milestones are estimates.

4. OWNERSHIP RIGHTS

Customer shall retain all of its intellectual property rights in any text, images or other components it owns and transmits to Company for use on the website. Customer shall hold the copyright for the agreed upon version of the website delivered, and Customer’s copyright notice may be displayed in the final version.

5.  RECURRING SERVICES

Services provided are renewed automatically on a recurring basis with a 12 month minimum contract. Contract is automatically renewed every 12 months unless a 30 day cancellation notice is provided before contract renewal date.

5.1 MANAGED HOSTING SERVICE

Company will provide Customer with Managed Web Hosting service. Managed Web Hosting includes ongoing website support for tasks such as design changes, additions, software updates and training. Additional software licensing fees may apply depending on the customer’s request. Website support does not include a redesign of an existing site. It includes support for an existing website only. A website redesign requires a new proposal/contract. Customer agrees to all web hosting policies posted on Company website.

5.2 WEBSITE SUPPORT

Company will provide Website Support services after initial site build. Company will provide Website Support for troubleshooting problems related to the basic functions of the website and components. Website Support is limited to basic functionality of the WordPress & its plugins. Website Support does not include troubleshooting problems with a user’s local computer. Website Support is limited to the software which resides on the web server. The number of hours provided are determined by the Managed Hosting package the customer signs up for.

5.3 BACKUP SERVICE

Company will provide Customer with a backup storage solution. Company will maintain storage of any backup media and will be responsible for setting up & maintaining a procedure for backing up all data. Company will develop backup procedures and policies for website files, database & software. Customer assumes all responsibility for the integrity and the suitability of the data that is to be backed up or restored. All data backup and storage is performed on pre-determined schedule. Company is not responsible for loss of data or absence of a backup.

6. COMPENSATION

For all of Company services under this Agreement, Customer shall compensate Company, in cash, pursuant to the terms within the Cost Summary and Payment Terms. In the event Customer fails to make any of the payments by the deadline, Company has the right, but are not obligated, to pursue any or all of the following remedies:  (1) suspend the account, (2) terminate the Agreement, (3) remove content from servers owned by  Company, (4) bring legal action.

7. CONFIDENTIALITY

Customer and Company acknowledge and agree that the Specifications and all other documents and information related to the development of the website will constitute valuable trade secrets of Company. Customer shall keep the information in confidence and shall not, at any time during or after the term of this Agreement, without Company’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the information. Excluded from the “Confidentiality Agreement” definition is anything that can be seen by the public on the website when each page of the Website is first accessed.

8. LIMITED WARRANTY AND LIMITATION ON DAMAGES

Company warrants the website will conform to the Specifications. If the website does not conform to the Specifications, Company shall be responsible to correct the website without unreasonable delay, at Company sole expense and without charge to Customer, to bring the website into conformance with the Specifications. This warranty shall be the exclusive warranty available to Customer. Customer waives any other warranty, express or implied. Customer acknowledges that Company does not warrant that the website will work on all server platforms. Customer acknowledges that Company is not responsible for the results obtained by Customer on the website. Customer waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the consideration paid to Company.

9. INDEPENDENT CONTRACTOR

Company is retained as independent contractor. Company will be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax, social security tax, or any other payroll taxes on Company’s behalf. Company understand that they will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits, including without limitation worker’s compensation or unemployment insurance.

General Provisions

10.1 ENTIRE AGREEMENT

This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.

10.2 GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Exclusive jurisdiction and venue shall be in the Hillsborough County, Florida Superior Court.

10.3 BINDING EFFECT

This Agreement shall be binding upon and inure to the benefit of Customer and Company and their respective successors and assigns, provided that Company may not assign any of his obligations under this Agreement without Customer’s prior written consent.

10.4 WAIVER

The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.

10.5 GOOD FAITH

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

10.6 MUTUAL COOPERATION

Company agrees to use their best efforts to fulfill and exceed Customer’s expectation on the deliverables. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.

10.7 OWNERSHIP OF WEBSITE

Customer will maintain ownership of the website and all content contained within.

10.8 RIGHT TO REMOVE WEBSITE

In the event Customer fails to make any of the payments, Company has the right to remove the Website until payment in full is paid, plus accrued late charges of $15 or 15% (whichever is greater) per month.

10.9 INDEMNIFICATION

Customer warrants that everything it gives Company to put on the Website is legally owned or licensed to Customer. Customer agrees to indemnify and hold Company harmless from any and all claims brought by any third-party relating to any aspect of the website, including, but without limitation, any and all demands, liabilities, losses, costs and claims including attorney’s fees arising out of injury caused by Customer’s products/services, material supplied by Customer, copyright infringement, and defective products sold via the website. Further, Customer agrees to indemnify Company from responsibility for problems/disruptions caused by third-party services that Customer may use such as merchant accounts, shopping carts, shipping, hosting services, real time credit card processing and other services that relate to the ownership and operation of the Website or multimedia project.

10.10 USE OF WEBSITE FOR PROMOTIONAL PURPOSES

Customer grants Company the right to use the Website for promotional purposes and/or to cross-link it with other Websites developed by Company.

10.11 NO RESPONSIBILITY FOR THEFT

Company has no responsibility for any third-party taking all or any part of the website.

10.12 ATTORNEY’S FEES

In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney’s fees and costs, including expert witness fees.

10.13 IDENTIFICATION OF COMPANY

Customer agrees that Company’ identification may be annotated within the code or on the Website as the authors.

10.14 NO RESPONSIBILITY FOR LOSS

10.15 TRANSFER OF RIGHTS

In the event Company are unable to continue maintenance of the website, Customer shall have non-exclusive rights to use pre-existing material owned by Company in connection with Customer’s Website.

10.16 DOMAIN NAME

Any domain name registered on Customer’s behalf will be made in Customer’s name for both the billing and administrative contacts. Company will be listed as technical contact. 

10.17 GROW YOUR GYM ACADEMY’S RESPONSIBILITY FOR RELEASES

We shall obtain releases, licenses, permits or other authorization to use copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).

10.18 CUSTOMER’s RESPONSIBILITY FOR RELEASES

You guarantee that all elements of text, images, or other artwork you provide are either owned by you, or that you have permission to use them.

Terms of Payment

11.1 BILLING SCHEDULE

Payment is due upfront before we start on the project. Customer may also choose to be billed monthly or yearly for additional services they choose to sign up for.

11.2 CLIENT AGREEMENT TO PAY

You agree to pay the initial and any future invoices upon receipt. All invoices will have 3 day payment terms. In the event payment is not made within 3 days, Interactive Online (DBA as Grow Your Gym Academy) will charge a late payment fee of 15% per month on any overdue and unpaid balance not in dispute.

11.3 COLLECTION COSTS

In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.

11.4 CANCELLATION OF PLANS

You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.