Acceptance of Terms
By accessing or using the GAINS app, our websites gainsfitapp.com and join.gainsfitapp.com, or any services provided by GAINS ("Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, you must discontinue use of our Services immediately.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Ely Cohen Fitness Online Coaching LLC, a Florida limited liability company doing business as GAINS, of 4747 Collins Avenue, Suite 515, Miami Beach, Florida 33140 ("GAINS," "we," "us," or "our"). Your continued use of the Services following any updates to these Terms constitutes acceptance of those changes.
VIP members, in VIP 1:1 Coaching and THE CLIMB, also sign the Program Agreement in the GAINS app. Where that agreement and these Terms differ, the Program Agreement governs the coaching program.
Description of Services
GAINS offers three ways to train with Coach Ely:
- GAINS Membership, for regular members: access to the GAINS app for iPhone, with its workouts, nutrition and progress tracking, and educational content, joined at join.gainsfitapp.com.
- VIP 1:1 Coaching, for VIP members: training and nutrition built for you and adjusted as you progress, weekly check ins, and direct access to Coach Ely in the GAINS app, for the initial term set out in the Program Agreement.
- THE CLIMB, for VIP members: month to month VIP coaching for clients who have finished their VIP initial term.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.
User Accounts & Registration
You must be at least 18 years old to use the Services. To access certain features of our Services, you must create an account. When registering, you agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain and promptly update your account information to keep it accurate and current.
- Maintain the security and confidentiality of your login credentials and not share your account with any third party.
- Accept full responsibility for all activities that occur under your account.
- Notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate accounts that we reasonably believe violate these Terms, contain false information, or have been compromised.
Payment Terms
GAINS Membership: The Membership is billed monthly or yearly at the price shown at checkout, currently $15.99 a month or $95.99 a year. New regular members start with a 7 day free trial; unless you cancel before it ends, you are charged when it ends. By subscribing, you authorize us to charge your payment method at the start of each billing period. Your plan renews automatically at the end of each billing period until you cancel.
VIP 1:1 Coaching: The Program Fee is agreed on your consultation call and shown at checkout: currently $1,997 paid in full, or three monthly payments of $837 charged automatically, unless a custom plan was agreed with you in writing. The Program Agreement sets out your initial term, payments, cancellation and the money back guarantee.
THE CLIMB: billed monthly at $397 a month, unless your offer shows another amount, starting on the date shown on your offer, the day your VIP initial term ends. The Program Agreement you signed governs THE CLIMB, including how to cancel.
Payments: Payments are processed by Stripe. All fees are quoted in USD unless otherwise stated.
Price Changes: We may adjust pricing from time to time. You will be notified of any price changes at least 30 days before they take effect. Continued use of the Services after a price change constitutes acceptance of the new pricing.
Refund Policy: GAINS Membership payments are generally not refunded once a billing period has begun. However, if you are dissatisfied with the Services, please contact us within 14 days of your initial purchase to discuss your concerns. We evaluate refund requests case by case, at our sole discretion. For VIP 1:1 Coaching and THE CLIMB, refunds follow the Program Agreement, including its money back guarantee.
Coaching Disclaimer
Not Medical Advice: The information, content, and coaching provided through GAINS are intended for general fitness and wellness purposes only. Our Services do not constitute medical advice, diagnosis, or treatment. Nothing provided by GAINS should be interpreted as a substitute for professional medical advice.
Consult Your Physician: You should consult with a qualified healthcare professional before starting any fitness program, nutrition plan, or making changes to your existing health regimen. This is especially important if you have any pre-existing medical conditions, injuries, or health concerns.
Results May Vary: Individual results vary based on numerous factors including, but not limited to, adherence to the program, genetics, age, diet, lifestyle, and pre-existing conditions. GAINS does not guarantee any specific results, outcomes, or timeframes.
AI Estimates: Smart Log and recipe import in the GAINS app give nutrition estimates read by AI. They can be wrong: check every item before you log it and before you rely on it.
Assumption of Risk: You acknowledge that physical exercise carries inherent risks, including but not limited to physical injury, disability, and death. By using our Services, you voluntarily assume all such risks and agree to release GAINS from any liability arising from your participation in any fitness activities.
Intellectual Property
All content, materials, training methodologies, workout programs, nutrition plans, branding, logos, graphics, software, and any other intellectual property available through the Services are the exclusive property of GAINS or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use. You may not:
- Copy, reproduce, distribute, or publicly display any content from the Services without our prior written consent.
- Modify, adapt, or create derivative works based on our content or training methodologies.
- Share, resell, or redistribute your personalized training plans, nutrition plans, or coaching materials to any third party.
- Use any automated means to access, scrape, or extract data from the Services.
User Content & Conduct
You may submit content through the Services, including progress photos, messages, feedback, and other materials ("User Content"). By submitting User Content, you grant GAINS a non exclusive, worldwide, royalty free license to store, use and display such content to provide the Services to you. We feature your progress photos in our marketing only with your consent: VIP members give it in the Program Agreement and can withdraw it at any time by emailing support@gainsfitapp.com.
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable laws or regulations.
- Harass, abuse, or threaten other users or GAINS staff, including coaches.
- Upload or transmit any content that is defamatory, obscene, or otherwise objectionable.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Interfere with or disrupt the Services, servers, or networks connected to the Services.
- Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services.
Limitation of Liability
To the maximum extent permitted by applicable law, GAINS and its officers, directors, employees, coaches, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to, use of, or inability to access or use the Services.
- Any conduct or content of any third party on the Services.
- Any injuries, health complications, or physical harm sustained during or as a result of following any training or nutrition guidance provided through the Services.
- Unauthorized access, use, or alteration of your transmissions or content.
In no event shall our total liability to you for all claims arising from or related to the Services exceed the amount you paid to GAINS during the twelve (12) months preceding the event giving rise to the claim.
Termination
Either party may terminate the coaching relationship and these Terms at any time by providing written notice, subject to the Program Agreement for VIP members. Specifically:
- By You: Regular members may cancel the GAINS Membership at any time from their account at join.gainsfitapp.com or by emailing support@gainsfitapp.com. Cancellation will take effect at the end of your current billing period, and you will retain access to the Services until that date. Deleting your account in the GAINS app also cancels your Membership. VIP members cancel as the Program Agreement sets out: the initial term is a minimum commitment, and month to month coaching after it, THE CLIMB included, ends after the notice period it describes.
- By Us: We reserve the right to suspend or terminate your account and access to the Services immediately, without prior notice, if we determine that you have violated these Terms, engaged in fraudulent activity, or behaved in a manner that is harmful to other users or our business.
Upon termination, your right to use the Services will cease immediately. Any provisions of these Terms that by their nature should survive termination shall continue to apply, including but not limited to intellectual property rights, limitation of liability, and dispute resolution.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Miami Dade County, Florida, and you consent to the personal jurisdiction of such courts. For VIP 1:1 Coaching clients, the dispute terms of the Program Agreement apply to the coaching program.
Changes to Terms
We reserve the right to update or modify these Terms at any time at our sole discretion. When we make changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify you via email or through the Services.
Your continued use of the Services after any changes to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.
Contact Us
If you have any questions, concerns, or requests regarding these Terms & Conditions, please contact us at:
Ely Cohen Fitness Online Coaching LLC (doing business as GAINS)
4747 Collins Avenue, Suite 515
Miami Beach, Florida 33140
We aim to respond to all inquiries within 48 business hours.