Sparkle and Soul Fitness Sparkle and Soul Fitness

Founder Contribution Terms

Effective Date: October 18, 2025
Last Updated: October 18, 2025

Important: This is a personal fitness project, not a registered business or health spa. Your contribution helps support the launch of a future community fitness experience. Please read these terms carefully before contributing.

1. What This Is (And What It's Not)

Sparkle and Soul Fitness is currently a personal project being developed by an individual fitness instructor. This is not a registered business, gym, health spa, or formal membership program.

Your payment is a contribution to help launch this project, similar to supporting a creator on Kickstarter or Patreon. You're helping bring this vision to life.

What you're NOT getting:

  • A guaranteed business membership
  • A legally binding service contract
  • Access to an existing gym or facility
  • Immediate services or classes

What you ARE getting:

  • Priority access when activities launch (no guaranteed date)
  • Locked-in contribution rate (you won't pay more later)
  • The opportunity to "hang out" and participate in fitness activities as they develop
  • Support for a personal project you believe in

2. Contribution Packages

Five-Class Founder Pack ($35)

Your $35 contribution reserves you for approximately 5 group fitness sessions once activities launch. Sessions will be casual, community-focused "hang outs" centered around movement and wellness.

Unlimited Founder Contribution ($50/month)

Your $50/month contribution supports ongoing development and reserves you for unlimited participation in group activities once they launch. This is a recurring contribution you can cancel anytime.

Elite VIP Collective ($75/month)

Your $75/month contribution provides everything in Unlimited, plus priority consideration for one-on-one sessions, early access to events, and special community perks. This is a recurring contribution you can cancel anytime.

Important: All estimated quantities (like "5 classes" or "unlimited") are best-effort goals, not guarantees. Actual activities will depend on project development, availability, and circumstances.

3. No Guaranteed Timeline or Delivery

Like Kickstarter or other crowdfunding platforms, there is no guaranteed date when activities will launch.

Current goals include:

  • Securing a suitable space in the Frisco, TX area
  • Developing class formats and schedules
  • Building a founding community
  • Launching initial "hang out" sessions by Summer 2026 (target, not guarantee)

What if it doesn't launch? While every effort will be made to bring this project to life, circumstances may prevent launch. See Section 8 (Refund Policy) for options if the project is unable to proceed.

4. Best-Effort Basis

This project is being developed on a best-effort basis. The project creator will make reasonable efforts to:

  • Communicate progress and updates to founding contributors
  • Launch activities in a safe, welcoming environment
  • Honor the spirit of each contribution package
  • Provide value comparable to your contribution amount

However, the creator cannot guarantee:

  • Specific launch dates or timelines
  • Particular class formats, instructors, or locations
  • Availability on specific days or times
  • Any specific outcomes or results

5. Personal Project, Not a Business

This is a personal creative and fitness project, similar to an artist selling early access to a future studio or a creator building a community space.

Legal Status:

  • This is not a registered Texas health spa (no Health Spa Act bond required)
  • This is not a formal gym membership or business contract
  • Contributions are voluntary support for a personal project
  • There is no business entity, LLC, or corporation (currently)

If the project grows into a formal business in the future, founding contributors will be notified and given the opportunity to convert their contributions into formal memberships under updated terms.

6. Payment Terms

One-Time Contributions (5-Class Pack)

Your $35 payment is a one-time contribution. It is non-refundable after 14 days from the date of contribution (see Section 8).

Recurring Contributions (Unlimited & VIP)

Your monthly contribution will be charged automatically each month until you cancel. You can cancel at any time through your payment method or by contacting the project creator.

Cancellation notice: Cancel anytime. If you cancel before activities launch, you may request a refund (see Section 8). After activities launch, cancellations are effective at the end of your current billing period.

Price lock: Your contribution rate is locked in. Future contributors may pay different rates, but your rate will not increase as long as you maintain your contribution.

7. Assumption of Risk & Liability Waiver

You understand and acknowledge:

  • Physical Activity Risk: Fitness activities involve inherent physical risk of injury. You participate at your own risk.
  • No Medical Advice: Nothing in this project constitutes medical, health, or professional fitness advice. Consult your physician before participating in any physical activity.
  • Personal Responsibility: You are responsible for your own health, safety, and fitness level. You will not participate in activities beyond your physical capabilities.
  • Informal Setting: These are casual "hang out" fitness sessions, not formal personal training or medical services.

Release of Liability: To the maximum extent permitted by law, you agree not to hold the project creator liable for:

  • Any injuries sustained during fitness activities
  • Property loss or damage
  • Project delays or cancellations
  • Changes to planned activities or formats
  • Inability to launch the project

Maximum Liability: In any event, the creator's total liability is limited to the amount you actually contributed.

8. Refund Policy

14-Day Money-Back Period

You may request a full refund within 14 days of your contribution for any reason. Contact tech@sparkleandsoulfitness.com with "Refund Request" in the subject line.

Before Activities Launch

If activities have not launched yet, you may request a refund at any time by contacting the project creator. Refunds will be processed within 10 business days.

After Activities Launch

Once activities have launched and you've participated:

  • 5-Class Pack: Pro-rated refund available for unused sessions (if project closes or you're unable to use remaining sessions due to creator's scheduling)
  • Monthly Contributions: No refunds for current month, but you can cancel to stop future charges

If Project Doesn't Launch by June 1, 2026

If the project has not launched any activities by June 1, 2026, all contributors will receive:

  • Email notification of delay
  • Option to request full refund OR extend your contribution to a new timeline
  • Automatic full refund if no response within 30 days

9. Your Right to Cancel

You can cancel your contribution at any time:

  • Within 14 days: Full refund, no questions asked
  • Recurring contributions: Cancel anytime to stop future charges
  • Before launch: Request refund if project doesn't meet your expectations

How to cancel: Email tech@sparkleandsoulfitness.com or cancel through your payment method (Stripe billing portal).

10. Communication & Updates

As a founding contributor, you'll receive:

  • Monthly progress updates via email
  • Early notification when activities are ready to launch
  • Invitations to founding member events
  • Updates about any major changes to the project

You can opt out of non-essential emails at any time. Transactional emails (payment confirmations, refund notifications) cannot be disabled.

11. No Guarantees or Warranties

This project is provided "as is" with no warranties or guarantees:

  • No guarantee of specific results, fitness outcomes, or health benefits
  • No guarantee of launch date, location, or specific activities
  • No guarantee that the project will launch at all
  • All activities, schedules, and formats subject to change

Your contribution is voluntary support for a personal project with inherent uncertainty, similar to backing a creative project on Kickstarter.

12. Privacy & Data

Your information (name, email, payment details) will be:

  • Used only to deliver your contribution benefits and communicate updates
  • Processed securely through Stripe (payment processor)
  • Never sold or shared with third parties for marketing
  • Stored securely and deleted upon request

See our Privacy Notice for details.

13. Changes to the Project

The project creator reserves the right to:

  • Modify class formats, schedules, or locations as needed
  • Change the project scope or focus
  • Pause or discontinue the project if circumstances require
  • Update these terms with 30 days notice to contributors

If substantial changes occur that materially affect your contribution benefits, you'll be notified and offered the option to request a refund.

14. Conduct & Community Standards

When participating in activities, you agree to:

  • Treat the creator and other participants with respect
  • Follow safety guidelines and instructions
  • Not engage in harassment, discrimination, or disruptive behavior
  • Respect the informal, community nature of the project

The creator reserves the right to remove disruptive participants and, if necessary, terminate their contribution with a pro-rated refund.

15. Governing Law & Disputes

These terms are governed by the laws of the State of Texas, United States.

Informal Resolution: If you have any concerns or disputes, please contact tech@sparkleandsoulfitness.com first. Most issues can be resolved through friendly communication.

Binding Arbitration: Any disputes that cannot be resolved informally will be settled through binding arbitration in Collin County, Texas, rather than in court. You may opt out of arbitration within 30 days of your contribution by emailing your opt-out request.

16. Your Acknowledgment

By contributing to this project, you acknowledge that:

  • This is a personal project, not a formal business or guaranteed service
  • There is no guaranteed timeline for when activities will launch
  • You are contributing to help support the development of this vision
  • You accept the risks and uncertainties inherent in supporting a pre-launch project
  • You have read and understand these Founder Contribution Terms
  • You are at least 18 years old or have parental consent

17. Contact Information

Questions, concerns, or refund requests:

Email: tech@sparkleandsoulfitness.com
Project Name: Sparkle and Soul Fitness
Location: Frisco, Texas (when launched)

18. Severability

If any part of these terms is found to be unenforceable, the rest remains in full effect.

Thank you for believing in this vision! Your contribution helps turn a personal passion for fitness and community into reality. This is a journey we're taking together, and your support means everything.

Let's sparkle. ✨

© 2025 Sparkle and Soul Fitness. Personal Project.

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