KyleEvans.co Training Terms and Conditions

Effective date: 1 September 2025
Contact: info@kyleevans.co

 1.⁠ ⁠Who we are

1.1. These Terms govern coaching and training services provided by KyleEvans.co and any affiliated coaches or contractors.
1.2. “We”, “us”, and “our” refer to KyleEvans.co. “You” and “client” refer to the person purchasing or receiving services.

 2.⁠ ⁠Services

2.1. Services may include programming for endurance and strength, run coaching, nutrition guidance, check-ins, educational content and community sessions, delivered online or in person where available.
2.2. Services are coaching and education only. We do not provide medical care, diagnosis, treatment, or emergency services.
2.3. Delivery channels may include TrainingPeaks, email, messaging apps, video calls and in-person sessions where applicable.

 3.⁠ ⁠Eligibility and client responsibilities

3.1. You confirm that you are at least 18 years old, or that a parent or legal guardian has accepted these Terms on your behalf.
3.2. You are responsible for providing accurate information about your health, injuries, medications and training history, and for updating us if anything changes.
3.3. You agree to follow safety instructions, use appropriate equipment, and train in suitable environments.

 4.⁠ ⁠Health, risks and informed consent

4.1. Physical training carries inherent risks, including but not limited to musculoskeletal injury, cardiovascular events, dehydration, heat illness, falls and overuse injuries.
4.2. You should consult a qualified healthcare provider before starting any new program, especially if you have a medical condition or injury, are pregnant or postpartum, or take prescription medication.
4.3. You understand these risks and choose to participate. You accept full responsibility for your decisions during training and for your health and safety.
4.4. If you experience pain, dizziness, shortness of breath, chest pain or any concerning symptom, stop immediately and seek medical care.

 5.⁠ ⁠No guarantee of results

5.1. Results vary based on individual factors and adherence. We do not guarantee specific outcomes, performance standards, body composition changes or timelines.

 6.⁠ ⁠Payments, billing date and late payments

6.1. All monthly fees are due on or before the 1st of every calendar month in advance.
6.2. Sign-ups that occur mid-month may be pro-rated to align your next full billing to the 1st.
6.3. Payment methods accepted will be set out at checkout. You are responsible for bank charges, exchange fees and any taxes required by law.
6.4. If payment is not received by the 1st, services may be paused until the account is current. We may charge a reasonable late fee or reinstatement fee where permitted by law.
6.5. Prices may change. We will notify you in advance, and new prices will apply from your next billing cycle.

 7.⁠ ⁠Cancellations, package changes and holds

7.1. Cancellation or package change requires 30 calendar days written notice to info@kyleevans.co.
7.2. Notice periods run to the next billing date. If you give notice after the 1st, the next month’s fee may still be due.
7.3. No refunds for partially used periods, missed sessions, or non-use.
7.4. Upgrades can take effect immediately. Downgrades take effect after the 30 day notice period.
7.5. Temporary holds or pauses are not guaranteed. Where offered, they follow the same 30 day notice rule unless confirmed otherwise in writing.

 8.⁠ ⁠Scheduling and coach availability

8.1. Response times and check-in schedules depend on your package. We aim to respond within reasonable business hours and time zones.
8.2. We may reschedule sessions for coach illness, travel, events or force majeure. We will provide reasonable alternatives where possible.

 9.⁠ ⁠Conduct

9.1. We reserve the right to suspend or terminate services for abusive, unsafe or unlawful conduct, or for sharing proprietary materials without permission.

10.⁠ ⁠Intellectual property

10.1. All programs, templates, videos, documents and materials we provide remain our intellectual property.
10.2. You receive a personal, non-transferable license for your own use only. Redistribution, resale or publication is not allowed without written consent.

11.⁠ ⁠Data and privacy

11.1. We collect and process only the data needed to deliver services and operate our business.
11.2. We follow applicable data protection laws, including South Africa’s POPIA and, where applicable, the EU and UK GDPR.
11.3. We use third party tools to deliver services. By enrolling, you consent to reasonable processing needed to provide coaching.
11.4. You may request access, correction or deletion of your personal data, subject to legal and legitimate business requirements.

12.⁠ ⁠Disclaimers

12.1. Services are provided “as is” for education and coaching. We make no warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
12.2. Nutrition guidance is general education and is not a substitute for advice from a registered dietitian or physician in your jurisdiction.

13.⁠ ⁠Limitation of liability

13.1. To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential losses, including lost profits, data loss or business interruption.
13.2. Our total liability for any claim arising from the services will not exceed the fees you paid in the three months before the event giving rise to the claim.
13.3. Nothing in these Terms limits liability for death or personal injury resulting from gross negligence, fraud, or any liability that cannot be limited by law.

14.⁠ ⁠Indemnity

14.1. You agree to indemnify and hold us harmless from claims, damages, costs and expenses arising from your breach of these Terms, misuse of the services, or violation of law, except to the extent caused by our gross negligence or willful misconduct.

15.⁠ ⁠Force majeure

15.1. We are not responsible for delays or failures caused by events beyond our reasonable control, including power outages, platform failures, network issues, strikes, wars, pandemics, disasters or government actions.

16.⁠ ⁠Consumer rights and local laws

16.1. Nothing in these Terms limits any non-waivable consumer rights under the South African Consumer Protection Act or under mandatory consumer laws in the country where you reside.
16.2. If any provision is unlawful or unenforceable, that part will be modified or severed, and the rest will remain in effect.

17.⁠ ⁠Governing law and disputes

17.1. These Terms are governed by the laws of South Africa, without regard to conflict of laws rules.
17.2. Courts of South Africa will have exclusive jurisdiction, except that consumers outside South Africa may also bring claims in their home courts where required by mandatory law.

18.⁠ ⁠Changes to Terms

18.1. We may update these Terms from time to time. The version and effective date will be posted on the website. Continued use after changes means you accept the updated Terms.

19.⁠ ⁠Acceptance

19.1. By paying, accessing programs, attending sessions or otherwise using our services, you confirm that you have read, understood and agree to these Terms.