1. Terms of Agreement
1.1 Barbell Logic, Inc. (hereafter, “Barbell Logic”) owns and operates the websites “Barbell-Logic.com”, “store.barbell-logic.com”, “TurnKey.Coach”, and “app.turnkey.coach” (the “Websites”). Barbell Logic also owns and operates the downloadable app “TurnKey.Coach” (the “App”). This document governs your relationship with the “Websites” and the “App.” Collectively these will be referred to as the “Platform” throughout this Agreement. Access to and use of the Platform, including all related products and services available through the Platform (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”).
1.2 In order to use the Services, you must first agree to the Terms of Service. You may not use the Services if you do not accept the Terms of Service.
2.1 You agree to the Terms of Service by using the service or by signing up for a membership to TurnKey.Coach (TKC). Acceptance is not dependent on payment or satisfaction with services.
2.2 You may not use the Services or agree to the Terms of Service if (a) you are not of legal age to form a binding contract with the Company or (b) you are otherwise legally prohibited from receiving or using the service under the laws of the state or country in which you reside or from which you access the Services.
3. TKC BLOC Coach — Combined “In-Person” and “Gym Client” Membership Level Agreement
3.1 “In-Person Clients” and “Gym Clients.” Note that this Agreement makes a distinction between in-person clients and gym clients of the BLOC Coach User. These two categories of clients are treated differently under the terms of this agreement. The intent is that a BLOC Coach may use the single TKC Platform for different types of clients.
3.1.2 “In-Person Client” Definition. For purposes of this agreement, an in-person client is defined as the BLOC User’s immediate family (parent, spouse, or sibling) or a client who is not a “gym client” whom the BLOC User coaches in-person at least two days per week on a regular basis.
3.1.3 “Gym Client” Definition. For purposes of this agreement, a gym client is defined as any person who pays for access, services, equipment, coaching, or other services from a business for which the BLOC User is the sole proprietor, a partner, a member, a manager, or otherwise holds a controlling interest or the actual authority to bind the business into contractual obligations. Gym clients may also be immediate family members (parents, spouses, or siblings) of the Gym Owner or a person whom the Gym Owner coaches in-person at least two days per week on a regular basis if those people pays for coaching through the BLOC User’s business.
4 TKC for In-Person Clients. TKC In-Person is a service level designation reserved for active Barbell Logic Online Coaching coaches who wish to use the TKC platform without TKC business services to coach family members and in-person clients.
4.1 No Business Services Included. TKC will not provide business services for in-person clients, including payment processing services.
4.2 Included Services. Access will be given to the TKC platform for clients designated as “in-person” according to this agreement.
4.2.1 Service Specifics. The in-person client, once added to the platform, will appear in the BLOC User’s BLOC Coaching roster with the “in-person” designation. Their workouts will also appear in the BLOC User’s feed for review. Barbell Logic will not track the review of these clients’ workouts, including the review deadlines that are tracked for all BLOC clients. Neither Barbell Logic nor TKC will provide customer service support, including service complaints, membership questions, and training-related communications.
TKC will provide standard technical support for in-person clients’ use of the TKC platform.
4.3 Membership Agreement. BLOC Users agree to pay according to the following schedule based on the BLOC User’s desired in-person client capacity:
0–10 clients: $25 per month (“Starter Plan”)
11–31 clients: $50 per month (“Pro Plan”)
31+ clients: $100 per month (“Max Plan”)
Billing occurs monthly on the same day your membership plan began using the billing information provided at checkout. If you want to increase your client capacity, you will need to change your membership plan by emailing email@example.com.
4.4 Temporary Free Membership for In-Person Clients. TKC may provide a temporarily free membership to any Barbell Logic Online Coaching coaches who are currently subscribed to another platform for their in-person clients. Such services include TrueCoach, OPEX, FitCoach and more. This free service is meant to allow BLOC coaches to try the TKC platform and help them integrate their in-person and online clients and will lapse with the term of their existing subscription. Note that the free TKC In-Person membership may be declined or extended on a case-by-case basis.
5. TKC for Gym Clients. TKC for Gym Clients is an invitation-only service level designation reserved for active coaches with Barbell Logic Online Coaching (BLOC) who are also gym owners. The designation of this service-level user will be referred to as the “BLOC User” with the above distinction between in-person clients and gym clients. BLOC Users provide online coaching services through BLOC using the TKC platform and provide coaching services to gym clients through their separately owned businesses.
5.1 Payment Processing Required for Gym Clients. BLOC Users will receive the full complement of TKC services for gym clients, including payment processing services as part of their membership. BLOC Users must use TKC payment processing for all gym clients’ payments that the BLOC User wants to collect from their gym clients added to the TKC platform. Collecting payments or other fees by means other than TKC payment processing for any coaching services provided to any gym clients on the TKC platform is in violation of these Terms of Service and the BLOC User’s membership agreement.
5.1.2 Payment Processing Fees Waived and Sales Tax. TKC agrees to waive the payment processing fees for one year from the start of the BLOC User’s membership. After one year, the Gym Owner agrees to pay all payment processing fees.
5.1.3 Payment Processing Fees. BLOC Users recognize that merchant processing fees (Stripe fees) are separate from TKC Application fees and acknowledge that these fees are set and collected by Stripe automatically from their client transactions. The current rate charged by Stripe of 2.9% + $0.30 per transaction is exclusively controlled by Stripe and subject to change.
5.2 Taxes. Membership fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes by any jurisdiction (collectively, “Taxes”). BLOC Users agree to pay any and all applicable Taxes, fees, or duties (other than taxes based on Barbell Logic’s net income) that are assessed as any part of this agreement. Any such Taxes, fees, and duties collected by Barbell Loigc from BLOC Users on behalf of a governmental agency shall not be considered a part of, a deduction from, or an offset against, payments due to Barbell Logic under this agreement. If Barbell Logic is legally required to pay or collect any Taxes on a BLOC User’s behalf, Barbell Logic will invoice the BLOC User and the BLOC User will pay the invoiced amount. BLOC Users acknowledge and agree that Barbell Logic may make certain reports to tax authorities (e.g., 1099 forms) regarding transactions that we process and merchants to which we provide Payment Processing Services are provided.
5.3 Included Services. TKC for BLOC Users’ gym clients allows access to the TKC platform for the gym clients, including the website and downloadable application. Services also include customer service support, including on-ramping and off-ramping to the TKC platform, and technical support for the TKC platform and services. Additional services include data collection and storage, access to the TKC video and knowledge base, coaching templates, and the ability to apply the BLOC User’s logo and brand name to the TKC platform.
5.4 Membership Agreement. For their gym clients, BLOC Users agree to pay according to the following schedule based on the BLOC User’s desired client capacity:
0–10 clients: $25 per month
11–30 clients: $50 per month
31-100 clients: $100 per month
5.5 Billing and Payment Processing. TKC will process the BLOC User’s gym client transactions on the first day of each month, in the amounts determined by the BLOC User. TKC will pass through the total revenue of these transactions minus the merchant processing fees directly to the BLOC User. At the end of each month, TKC and the BLOC User will settle the outstanding balance of processing fees (owed to the Gym Owner) and membership fees (owed to TKC).
5.5.1 Billing and Payment Processing After One Year. After one year, the BLOC User agrees to pay all payment processing fees. At this time, TKC will process a BLOC User’s client transactions on the first day of each month, in the amounts determined by the BLOC User. TKC will pass through the total revenue of these transactions minus BLOC User’s membership fee and the merchant processing fee.
6. Termination of Membership.
6.1 Written Notice. Gym Owners may terminate their membership at any time by emailing firstname.lastname@example.org and making a written request to cancel their membership. Barbell Logic may terminate Gym Owners’ memberships for any reason and at any time upon written notice to the Gym Owner via email to the Gym Owner’s Barbell Logic email address.
7. Integration of Existing Terms and Conditions. Nothing in this agreement should be construed to negate the existing Terms and Conditions provided for the TKC website or Downloadable Application.