PLEASE READ THESE TERMS & CONDITIONS CAREFULLY
These Terms & Conditions (“Terms”) govern your purchase of, access to, and use of EVOLVE, an online fitness and wellness membership offered by Tamara Sweet under the Fitness by Tamara brand (“EVOLVE,” “Fitness by Tamara,” “we,” “us,” or “our”).
By purchasing a subscription, beginning a free trial, creating an account, accessing membership content, or otherwise using EVOLVE, you agree to these Terms. If you do not agree to these Terms, please do not purchase, access, or use EVOLVE.
1. EVOLVE MEMBERSHIP
EVOLVE provides access to digital fitness and wellness content, which may include follow-along workouts, exercise demonstrations, mobility sessions, nutrition and recipe content, mindset and wellness content, educational materials, and other resources.
EVOLVE is a general online membership and is not individualized personal training, medical treatment, physical therapy, mental health treatment, or individualized nutrition therapy.
Content may be added, removed, modified, replaced, or reorganized from time to time as the membership evolves.
2. ELIGIBILITY
You must be at least 18 years old to purchase an EVOLVE membership unless a parent or legal guardian purchases and supervises use of the membership as permitted by applicable law.
By purchasing or using EVOLVE, you represent that the information you provide is accurate and that you have the legal capacity to agree to these Terms.
3. FREE TRIAL
Eligible new members may receive a 7-day free trial when offered at checkout.
Unless you cancel before the end of the free-trial period, your selected paid subscription will automatically begin at the end of the trial and the payment method provided at checkout will be charged according to the subscription plan you selected.
The availability and terms of promotional or free-trial offers may change. Unless otherwise stated, free trials are intended for new members and may be limited to one trial per person.
You are responsible for canceling before the trial ends if you do not wish to become a paying member.
4. SUBSCRIPTIONS & AUTOMATIC RENEWAL
EVOLVE currently offers the following subscription options:
Monthly Membership: $29.99 per month
Annual Membership: $299.99 per year
Unless otherwise stated at checkout, subscriptions automatically renew at the end of each applicable billing period until canceled.
By purchasing a subscription, you authorize the applicable payment processor to charge your selected payment method on a recurring basis for the subscription you selected, including applicable taxes where required, until you cancel.
Prices may change in the future. Any price changes will be communicated or presented as required by applicable law and will not retroactively alter charges already paid.
5. CANCELLATION
You may cancel your EVOLVE subscription at any time through the cancellation options available through your account or membership platform.
Cancellation stops future renewals. Unless otherwise stated or required by law, canceling does not result in a prorated refund for the remaining portion of a billing period that has already been paid.
After cancellation, you may continue to have access through the end of your current paid billing period, subject to the functionality and policies of the membership platform.
To avoid being charged after a free trial, you must cancel before the trial period ends.
6. REFUNDS
Except where required by applicable law or expressly stated otherwise at the time of purchase, payments for EVOLVE subscriptions are non-refundable once charged.
We encourage you to cancel before your next renewal date if you no longer wish to continue your membership.
If you believe you were charged in error or experience a billing problem, please contact us so the issue can be reviewed.
7. HEALTH, FITNESS & WELLNESS DISCLAIMER
Participation in physical exercise involves inherent risks. EVOLVE content is provided for general educational and informational purposes and is not a substitute for individualized medical advice, diagnosis, treatment, physical therapy, mental health care, or other professional healthcare.
Before beginning an exercise program, you are responsible for determining whether participation is appropriate for you and for seeking guidance from a qualified healthcare professional when appropriate, particularly if you are pregnant or postpartum, have an injury or medical condition, take medication, recently underwent surgery, or otherwise have concerns about exercising.
You agree to exercise within your own abilities, use appropriate equipment and a safe environment, and stop exercising if you experience pain, dizziness, chest pain, unusual shortness of breath, faintness, loss of balance, or other concerning symptoms.
Additional information is provided in our Fitness & Health Disclaimer, which is incorporated into these Terms by reference.
8. ASSUMPTION OF RISK
By voluntarily participating in EVOLVE workouts and activities, you acknowledge and understand that exercise carries inherent risks, including soreness, strains, sprains, falls, aggravation of existing conditions, and other injuries or medical complications.
You voluntarily assume the risks ordinarily associated with participating in the workouts and physical activities you choose to perform, to the extent permitted by applicable law.
Nothing in these Terms is intended to waive or limit rights or liabilities that cannot legally be waived or limited.
9. NUTRITION, MINDSET & WELLNESS CONTENT
Recipes, nutrition information, healthy-lifestyle information, mindset content, motivation, habit-building strategies, and wellness information provided through EVOLVE are for general educational and informational purposes only.
This content is not individualized medical nutrition therapy, mental health counseling, psychotherapy, diagnosis, or treatment. Individual circumstances and needs vary. You are responsible for seeking appropriate professional advice when necessary.
10. NO GUARANTEE OF RESULTS
Individual fitness, health, strength, body-composition, nutrition, and wellness results vary based on numerous factors.
EVOLVE and Fitness by Tamara do not guarantee any particular physical, health, weight, appearance, performance, financial, or other result from participation in the membership.
11. PERSONAL USE & ACCOUNT SHARING
Your EVOLVE membership is for your personal, non-commercial use only.
You may not share your login credentials or membership access with others; reproduce, distribute, sell, sublicense, publish, upload, or publicly display membership content; record or redistribute workout videos; or otherwise provide unauthorized access to EVOLVE materials.
We reserve the right to restrict or terminate access where we reasonably believe an account is being shared, misused, or used in violation of these Terms.
12. INTELLECTUAL PROPERTY
EVOLVE workouts, videos, exercise programming, written materials, graphics, recipes, educational resources, branding, and other original membership content are owned by or licensed to Fitness by Tamara and/or Tamara Sweet and are protected by applicable intellectual-property laws.
Purchasing a membership gives you a limited, personal, non-exclusive, non-transferable right to access and use the membership content for your own personal use while your membership remains active. Purchasing a membership does not transfer ownership of the content to you.
You may not copy, reproduce, distribute, sell, modify, republish, commercially exploit, or create unauthorized derivative works from EVOLVE content except as permitted by applicable law or with prior written permission.
13. THIRD-PARTY SERVICES
EVOLVE may rely on third-party services to provide website hosting, membership access, payment processing, email communications, analytics, or other functionality.
Those third-party services may have their own terms and privacy practices. We are not responsible for outages, interruptions, or other circumstances caused by third-party services that are outside our reasonable control.
14. AVAILABILITY & CHANGES TO EVOLVE
We may update, modify, add, replace, or discontinue particular workouts, resources, features, or portions of EVOLVE from time to time.
We do not guarantee that every individual workout, feature, resource, or piece of content will remain available indefinitely.
We will make reasonable efforts to maintain access to the membership, but uninterrupted or error-free availability cannot be guaranteed.
15. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Tamara Sweet and Fitness by Tamara will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or related to your use of EVOLVE.
To the fullest extent permitted by applicable law, our aggregate liability arising out of or relating to EVOLVE or these Terms will not exceed the amount you paid to us for your EVOLVE membership during the twelve months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
16. MEMBER RESPONSIBILITY
You are responsible for your decisions regarding participation in EVOLVE, including the exercises you perform, weights or resistance you select, modifications you use, intensity and range of motion, equipment and exercise environment, and whether you seek professional medical or other guidance.
You agree not to participate in a manner that you know or reasonably should know is unsafe for your circumstances.
17. SUSPENSION OR TERMINATION
We reserve the right to suspend or terminate membership access for material violations of these Terms, including unauthorized sharing or distribution of membership content, fraudulent activity, abuse of the service, or other misuse of EVOLVE.
Where reasonably appropriate, we may provide notice or an opportunity to correct a violation before terminating access.
18. CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to EVOLVE, our business practices, applicable requirements, or other operational needs.
When material changes are made, we will provide notice or obtain consent when required by applicable law. The updated Terms will display a revised effective or “last updated” date.
Your continued use of EVOLVE after an update will be subject to applicable law and any notice or consent requirements that apply.
19. GOVERNING LAW
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable law requires otherwise.
20. SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
21. ENTIRE AGREEMENT
These Terms, together with the Fitness & Health Disclaimer, Privacy Policy, and any additional terms presented to you at checkout, constitute the agreement governing your use of EVOLVE, except for any separate written agreement you may have with Fitness by Tamara for individualized services.
22. CONTACT
If you have questions about these Terms, your membership, cancellation, or billing, please contact Fitness by Tamara using the contact information provided on our website.