Overy Fifty Fit & Fabulous Refund Policy and Terms and Conditions

Refund Policy:

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the program The Alicia Jones Healthy Living provides a 14-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.

In order to qualify for a refund you must submit proof that you did the work in the program and it did not work for you.

In the event that you decide your purchase was not the right decision, within 14 days of the first Phase being released, contact our support team at alicia@destinationfit.ca and let us know you’d like a refund by the 14th day at 11:59 EST. You must include your program work with your request for a refund. If you request a refund and do not include your program work by the 14th day, you will not be granted a refund.

The work that you need to submit with your request for a refund includes ALL of the following items:

Requirement 1. An attached picture of your weigh in and measurements sheet completed by you.

Requirement 2. An attached picture of your completed fitness test sheet completed by you.

Requirement 3. An attached picture of your completed goals sheet filled out according to lesson guidelines

Requirement 4. Screenshots or attached copy of your downloaded 7 day myfitnesspal.com food log completed with healthy choices made daily for each of the 7 days.

Requirement 5. An attached picture of you Finished starter checklist completed.

Requirement 6. Attached picture demonstrating you’ve joined the private facebook group and you’ve introduced yourself in the private facebook group.

We will NOT provide refunds for any request that comes more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.

Please note: If you opted for a payment plan and you do not request a refund within 14 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted to you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by AliciaJonesHealthyLiving.com To further clarify, we will not provide refunds after the 14th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: alicia@destinationfit.ca

TERMS OF PARTICIPATION

Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Aliciajoneshealthyliving.com (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.

PROGRAM/SERVICE

Aliciajoneshealthyliving.com (herein referred to as “Alicia Jones.” or “Company”) agrees to provide Program, “Over Fifty Fit & Fabulous” (herein referred to as “Program A”) and Over Fifty Fit & Fabulous VIP (herein referred to as “Program B”) As a condition of participating in Program A and Program B, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Program A and Program B, the Company shall provide the following to Client:

A Password Protected Program Area: The Company shall maintain a Program Area that will include video, audio and written lessons, templates, worksheets, checklists, workout videos, nutrition videos and other training and support information. You shall have access to this Program Area for as long as the Program Area exists, however no less than 120 days. In the event that Company intends to close the Program Area, it shall provide clients with a 30 day notice and the ability to download the resources contained in the Program Area, which is what is referred to as “Lifetime Access” in our marketing materials.

Program Participant Facebook Group: The Company shall create and maintain a closed Facebook group for students of the Program (“the Program Facebook Group”). The Program Facebook Group shall be open for a period of 12 weeks. This is a community run group, meaning that students are encouraged to help each other. The Company employs a Community Manager, who is charged with overseeing the group and ensuring that it runs smoothly. Alicia Jones will conduct live Question and Answer sessions each week during the 12 week period inside the Program Facebook Group. At the completion of your 12 weeks access to the Program Facebook Group will continue as long as the program exists.

From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.

Additionally as part of Program B, the Company shall provide the following to Client:

4 one hour VIP online sessions using Zoom, Facetime or Facebook Messenger. These Sessions can be booked the day of program purchase and shall be open for a period of 12 weeks.

All VIP online sessions expire on the first day of the 13th week.

It is the participants responsibility to use their sessions evenly throughout the program frame. Participants do not need to be accommodated for the use of more weekly sessions above and beyond one time per month.

VIP Session Appointment Cancellation policy: All sessions are arranged on a scheduled appointment basis. In order for effective use of time, all participants are asked to give a 24-hour notice when canceling an appointment. This means a cancellation should be made at least 24 hours before the scheduled appointment by contacting the trainer directly. (Monday appointments must be canceled by Friday.) Personal training sessions canceled inside of 24 hours of the scheduled appointment will be deducted from the participants sessions.

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in Program A and Program B.

DIETARY DISCLAIMER

The health, fitness and nutritional information Alicia Jones offers is designed for educational and resource purposes only. This information is not a substitute for, nor a replacement of, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should consult with a physician or other health-care professional. Please consult your physician or other health care professional before starting my or any other fitness or nutrition programs to determine if they are right for your needs. Do not start a fitness and/or nutrition program if your physician or health care provider advises against it. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional as a result of information you have obtained from Alicia Jones Healthy Living, Over Fifty Fit & Fabulous or Get Back to Fit Over Fifty. Alicia is a Kinesiology graduate, and a certified Fitness Trainer. She is not a registered dietitian. The nutrition recommendations given on this website and in Alicia Jones’s nutrition programs should serve as an outline for what she believes is appropriate based on her nutrition background in Kinesiology and her own research throughout the years.

PHYSICAL FITNESS DISCLAIMER

Alicia Jones Healthy Living will not be held liable for your decision to undertake this fitness program. You should not rely on the information in her website, and her fitness programs exercise guide as an

alternative to professional medical advice from your doctor or healthcare provider.

You should consult your physician or other health care professional before starting this or

any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity.

Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. The use of any information provided in this program is solely at your own risk. If you think you are having a medical or health emergency, call your health care professional, or your country’s emergency number, immediately.

FEES

In consideration of Your access to Program A or Program B, you agree to pay the following fees.

If you choose Program A, you can make one single payment of $697USD (due immediately) or 4 monthly payments of $197USD. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 3 payments on a monthly basis, for a total payment of $788USD. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.

If you choose Program B, you can make one single payment of $1597USD (due immediately) or 4 monthly payments of $425USD. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 3 payments on a monthly basis, for a total payment of $1808USD. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.

METHODS OF PAYMENT

If You elect for the payment plan, You hereby authorize the Company to charge your credit card automatically according to the terms set forth in the Fees section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.

If you do not request a refund within the terms of the program with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

CONFIDENTIALITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in Program A or in Program B, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of Program A or Program B unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the Program, such as text, graphics, logos, images, videos, templates as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

WAIVER

You have volunteered to participate in a fitness program provided to by ALICIA JONES (“Trainer”), which may include, but may not be limited to, resistance training and aerobic or cardiovascular exercise. In consideration of Trainer’s agreement to instruct and advise you, you now and forever release and discharge and hereby hold harmless Trainer and his respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any exercise program including any injuries resulting there from.

THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING YOU THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR NEGLIGENT INSTRUCTION OR SUPERVISION.

You I hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death.

ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the Alicia Jones Healthy Living’s website and purchasers shall be notified.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

OUR MINIMUM GUARANTEES

Unless otherwise noted, all products come with a 14 day guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact alicia@destinationfit.ca

Last Updated: January 2nd 2023