Terms of Service
By accessing or using Elevare's Services, you agree to these Terms of Service.
Company
Elevare Fit LLC.
Introduction
Elevare is operated by Elevare Fit LLC ("Elevare Fit LLC," "we," "us," or "our"). By accessing or using Elevare's Services, you agree to these Terms.
1. Platform Role
Elevare is a technology marketplace that facilitates connections and transactions between clients and independent health, fitness, coaching, nutrition, and wellness service providers ("Professionals").
Elevare is not a provider of the services listed by Professionals and does not supervise, direct, employ, or control Professionals. Elevare does not determine how, when, or where a Professional performs services and is not responsible for a Professional's acts, omissions, advice, or results.
2. Eligibility
You must be at least 18 years old and capable of entering a binding contract.
Elevare may be accessed from various jurisdictions. Availability of particular services, profiles, features, or categories may vary by location, and Elevare does not promise availability in every country.
3. Accounts
You are responsible for:
- Accurate information
- Account security
- All activity under your account
We may suspend or terminate accounts at our discretion.
4. Professional Responsibilities
Each Professional is solely responsible for:
- Providing services safely, competently, ethically, and within the Professional's lawful scope of practice
- Maintaining all licenses, registrations, certifications, insurance, permits, and authorizations required for the services offered
- Ensuring that profile information, credentials, availability, pricing, and claims remain accurate and current
- Using professional titles lawfully and only where supported by the Professional's qualifications
- Determining whether the Professional may lawfully provide each offered service in every jurisdiction where the service is provided
- Complying with applicable professional, advertising, privacy, health, safety, consumer-protection, and recordkeeping laws
- Reporting and paying all taxes and expenses arising from the Professional's independent business
Professionals may not use Elevare to offer services they are not legally qualified or authorized to provide.
5. Profile Review, Credentials, and No Endorsement
Elevare may review profiles for completeness, identity signals, marketplace eligibility, safety, or compliance. Profile approval means only that a profile is eligible to appear in the marketplace at that time. It is not employment, sponsorship, endorsement, a guarantee of quality, or verification of every statement or credential.
Identity review and credential review are separate. A credential should be treated as verified only when Elevare expressly labels that specific credential as verified. Users should independently confirm a Professional's current qualifications, license status, insurance, and suitability before engaging services. Credential verification reflects Elevare's review of the claimed credential; it does not mean Elevare has determined that the credential authorizes services in every jurisdiction.
6. Independent Businesses; No Employment or Agency
Professionals operate independent businesses and are not employees, agents, partners, joint venturers, franchisees, or representatives of Elevare. Professionals are responsible for their own methods, schedules, equipment, assistants, business expenses, insurance, permits, and taxes.
Professionals have no authority to make commitments, representations, or warranties on behalf of Elevare. Nothing in these Terms creates an employment, fiduciary, partnership, or agency relationship between Elevare and a Professional or between Elevare and a client.
7. Professional-Client Relationship
Any service arrangement is between the client and the Professional. The Professional, not Elevare, is responsible for evaluating whether a service is appropriate, obtaining informed consent where required, establishing the terms of service, delivering the service, and maintaining any required records.
Elevare is not a party to a Professional's service agreement merely because Elevare provides discovery, communication, scheduling, payment, or other marketplace features.
8. Bookings, Payments, and Credits
A. Payments
- Where payment features are available, payments may be processed by third parties such as Stripe
- By purchasing, you authorize charges for the selected services and applicable fees
B. Platform Fees
- Elevare may charge service fees or commissions
C. Credits
- Refunds may be issued as platform credits
- Credits may expire and are non-transferable unless stated otherwise
D. Pricing
- Prices may be set by Professionals or the platform and may vary
9. Cancellations & No-Shows
- Policies may vary by Professional or service
- Late cancellations or no-shows may result in forfeited payments
- Elevare may mediate disputes but has final discretion
10. Regulated Services and Scope of Practice
Inclusion in a nutrition, dietetics, coaching, wellness, mobility, recovery, bodywork, or similar category does not authorize a Professional to provide a regulated service. Professionals must not diagnose, treat, prescribe, practice psychotherapy, provide medical nutrition therapy, perform massage therapy, practice physical therapy, or provide any other licensed healthcare service unless they hold every license and authorization required by applicable law.
Marketplace categories are organizational labels and are not representations that a service is medical, therapeutic, licensed, or suitable for a particular condition.
11. Remote Services and Geographic Restrictions
Laws may depend on where the client is located when a service is delivered. Professionals are solely responsible for determining whether they may lawfully serve each client, including through online or remote services, and must decline services where they lack required authorization.
12. No Medical Advice or Emergency Services
Elevare does not provide medical, dietetic, mental-health, rehabilitation, physical-therapy, massage, or other licensed healthcare services. Marketplace listings, messages, tools, and educational content are not medical advice and are not a substitute for care from a qualified healthcare provider.
Elevare is not an emergency service. If you believe you are experiencing a medical or mental-health emergency, contact 911 or the appropriate emergency service immediately.
13. Assumption of Risk
You acknowledge that:
- Training, nutrition changes, fitness, wellness, recovery, and bodywork activities may involve inherent risks, including injury, illness, adverse reactions, or death
- You voluntarily assume all risks
- You are responsible for consulting an appropriate healthcare provider before participation and for stopping activity when symptoms or safety concerns arise
14. User Due Diligence and Safety
Users are responsible for evaluating Professionals, asking appropriate questions, confirming credentials with the relevant issuing organization or licensing board, and deciding whether to meet or participate. Users should use reasonable precautions for in-person meetings and promptly report suspected fraud, misconduct, unsafe behavior, or inaccurate credentials to Elevare.
15. Professional Claims, Reviews, and Content
Professionals may not make false, misleading, deceptive, or unsubstantiated claims; guarantee health, fitness, financial, or competition outcomes; misuse protected professional titles; or publish fabricated or misleading reviews, testimonials, credentials, or before-and-after representations.
Users retain responsibility for content they submit and grant Elevare a nonexclusive license to host, display, process, moderate, and distribute that content as necessary to operate and promote the Services. Elevare may remove content or profiles that it reasonably believes violate these Terms or create legal, safety, or marketplace-integrity concerns.
16. Release & Waiver of Liability
To the maximum extent permitted by law, you release Elevare Fit LLC and its owners, officers, employees, and affiliates from claims arising out of or relating to:
- Services, advice, acts, omissions, representations, or content provided by Professionals
- Interactions, agreements, payments, or disputes between users
- Injuries, losses, property damage, or other outcomes connected with third-party services
17. Disclaimers and Limitation of Liability
The Services are provided "as is" and "as available." Elevare Fit LLC does not warrant that profiles, credentials, availability, pricing, reviews, matching results, communications, or third-party services are complete, current, accurate, safe, suitable, or available.
To the maximum extent permitted by law, Elevare Fit LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, personal injury caused by a Professional, lost profits, lost data, or the conduct of any user. Elevare Fit LLC's aggregate liability is limited to the greater of the amount paid to Elevare Fit LLC by you during the preceding 3 months or $100.
18. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Elevare Fit LLC and its owners, officers, employees, and affiliates from claims, liabilities, damages, losses, and reasonable legal fees arising from your use of the Services, your content, your violation of these Terms or law, or your acts or omissions.
Professionals additionally agree to indemnify Elevare Fit LLC for claims arising from their services, professional advice, credentials, licensing status, advertising claims, taxes, insurance, client relationships, or failure to comply with applicable professional requirements.
19. Disputes Between Users
Elevare is not a party to disputes between clients and Professionals. We may assist but are not obligated to investigate, mediate, or resolve disputes and do not guarantee recovery of payments or losses.
20. Prohibited Conduct
You agree not to:
- Circumvent the platform to avoid fees
- Misrepresent qualifications or identity
- Offer unlawful, unlicensed, unsafe, or out-of-scope services
- Make deceptive claims or manipulate reviews
- Engage in harassment, fraud, or illegal conduct
21. Intellectual Property
All platform content is owned by Elevare Fit LLC or its licensors. You may not copy or distribute without permission.
To report content that you believe infringes your copyright or other intellectual property rights, email mlitfin@elevarefit.org with identification of the protected work, the material at issue, its location in the Services, and your contact information.
22. Suspension and Termination
We may restrict visibility, remove content, suspend marketplace access, or terminate accounts where we reasonably believe there is a violation of these Terms, a licensing or safety concern, suspected fraud, legal risk, or harm to users or the marketplace.
23. Arbitration & Governing Law
- Governed by Florida law
- Disputes resolved via binding arbitration (except where prohibited)
24. Severability and Modifications
If any provision is found unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.
We may update these Terms. We will post the revised Terms with an updated date and may present material revisions for renewed acceptance where appropriate or required. Continued use after an update may constitute acceptance to the extent permitted by law.
25. Contact
Elevare Fit LLC