Terms of Service: Remote Coaching with Dave Leek

Who's Your Trainer · Remote Coaching

Effective date: October 14, 2026 · Last updated: October 14, 2026

Welcome! These Terms explain how remote coaching with me works: what you get, how payments, cancellations and pauses work, and what we each agree to. I've tried to keep them plain and short. If anything isn't clear, email me at daveleek1@hotmail.com before you sign up.

1. Who we are and this agreement

"I," "me" and "Dave" mean Dave Leek, a personal trainer in London, Ontario, coaching since 2003, operating as Who's Your Trainer (sole proprietor), 723 Guiness Way, London, Ontario.
"You" means the client. If the client is under 18, "you" also includes the parent or guardian who signs for them (see Section 2).
The agreement between us is made up of these Terms, the plan you choose and pay for, the Consent and Waiver section of your intake form, and my Privacy Policy at https://www.whosyourtrainer.com/privacy. Together, these are your written agreement.
You accept these Terms when you pay for a plan and agree to them in the intake form (Q107). I'll email you a copy, or a link to it, along with your payment confirmation. Please keep it.

2. Who can sign up

Where you live. Remote coaching is for clients who live in Canada. You can train with me from anywhere in Canada, in Ontario or any other province or territory. I can't take clients who live outside Canada. Everything is online. Calls are scheduled in Eastern Time, and I'll work with your time zone.

Age. You must be 18 or older to sign up on your own. Clients under 18 are welcome with a parent or guardian's consent. For an under-18 client:

A parent or legal guardian must complete and sign the parent/guardian section of the intake form (Q110–Q114). No programming starts until it's signed.
The parent or guardian agrees to these Terms on the client's behalf and is the account holder for billing and cancellations.
I may copy the parent or guardian on coaching emails and invite them to the first call.

Health screening. Before we start, you'll complete a health screening (PAR-Q+ style) in your intake form.

A "Yes" answer doesn't automatically rule you out. It means I may need written clearance from your doctor or another qualified health professional before your program starts.
For some answers (for example, heart conditions, chest pain, or dizziness and fainting), I won't start your program until I have that clearance.
If your health, injuries or medications change later, please tell me right away. I may need to pause your program or ask for clearance again.

3. What you get on each plan

All plans include a personalized pathway based on your full intake, your program delivered in the TrainHeroic app, and progress testing in weeks 1, 6 and 12 of every 12-week block.

Personalized pathway and program in TrainHeroic: Pathway (app-based): Yes; Core Coaching: Yes; Premium: Yes
Testing in weeks 1, 6 and 12: Pathway (app-based): Yes; Core Coaching: Yes; Premium: Yes
Written check-in from me: Pathway (app-based): Monthly; Core Coaching: Weekly; Premium: Weekly
In-app messaging: Pathway (app-based): Yes (replies within 48 hours); Core Coaching: Yes (questions answered along the way); Premium: Yes Priority messaging
Personal welcome video: Pathway (app-based): —; Core Coaching: Yes; Premium: Yes
Form-video review: Pathway (app-based): —; Core Coaching: Yes; Premium: Yes
Video or phone call (15–20 min): Pathway (app-based): No calls; Core Coaching: Every other week; Premium: Every week
General nutrition guidance: Pathway (app-based): —; Core Coaching: —; Premium: Yes

A few things to know:

I build every plan myself and read every check-in. I use software tools, including an AI writing assistant, to help draft some check-in notes. I review, edit and approve every message before it goes to you.
Programs run in 12-week blocks. Most remote plans are 4 days a week with an optional 5th, and there's a 2-day version if that's all your schedule allows.
Switching plans: a tier change takes effect at your next billing date.
What's not included in your remote coaching plan: meal plans (available separately as Nutrition Coaching on the website), medical care, injury diagnosis or rehab. See Section 12.

4. Prices

All prices are in Canadian dollars (CAD) and do not include tax. 13% HST is added at checkout. If you live outside Ontario, I'll adjust the tax to your province's rate. HST #: 800829194RT0001

Pathway: Monthly: $119/month; 12-week bundle (paid upfront): $299
Core Coaching: Monthly: $249/month; 12-week bundle (paid upfront): $629
Premium: Monthly: $429/month; 12-week bundle (paid upfront): $1,099

Monthly plans are billed every month on the same date as your first payment.
12-week bundles are one payment that covers one full 12-week block. That's about 15% less than paying monthly for 3 months ($357 / $747 / $1,287).
Everyone pays these regular prices. There are no special or "founding" rates.

5. Payments and billing

All payments go through PayPal. Monthly plans are a PayPal subscription. Bundles are a one-time PayPal payment. I never see or store your full card or bank details.
Monthly plans renew automatically each month until you cancel (see Section 6). Around the 12-month mark I'll email you to confirm you want to continue. If I don't hear back, your plan continues month to month and you can cancel anytime as described in Section 6.
Bundles don't renew automatically. At your week-12 review, you choose what's next: another bundle, a monthly plan, or stopping.
Your start date: your program start date is the date your first program week begins in TrainHeroic. I'll confirm it in your welcome email.
Price changes: if I change prices, current clients get at least 30 days' notice by email before the new price applies to them.
Failed payments: PayPal will retry a failed charge. If it still doesn't go through, I'll message you. If payment isn't sorted within 7 days, your app access pauses until it's resolved. Your coaching and access resume once payment is up to date.
Refunds go back to your original payment method through PayPal, normally within 10 business days.

6. Cancelling, refunds and pauses

Monthly plans (Pathway, Core Coaching, Premium)

No minimum commitment. Your plan runs month to month.
10-day start-up window: cancel in writing within 10 days of your first payment for a full refund.
After that, cancel anytime with 7 days' notice before your next billing date. If you give less than 7 days' notice, one more month may bill, and that will be your last month.
No refunds or partial-month credits once a billing month has started. Your coaching and app access continue until the end of the month you've paid for.

12-week bundles

Days 1–10 after payment: full refund, no reason needed.
Day 11 to the end of week 2 (14 days after your program start date): a pro-rated refund for the unused weeks. Weeks that have started count as used. Each week is worth the bundle price ÷ 12.
Example: you cancel a Core Coaching bundle ($629) during week 2. Weeks 1 and 2 count as used, so 10 weeks are refunded: 10 × $52.42 = $524.17.
After week 2: non-refundable. You can still use a pause (below).

How to cancel

Cancel in writing: email me at daveleek1@hotmail.com or send me a TrainHeroic message. I'll confirm by email.
If you cancel the subscription directly in PayPal, please message me too, so nothing gets missed.
I handle all billing, refund, cancellation and pause requests personally.

Pauses

You get one pause of up to 2 weeks per 12 weeks (per bundle, or per 3 billing months on a monthly plan) for illness, injury, a family emergency, or travel where you can't train.
Ask by email or TrainHeroic message, ideally 48 hours ahead.
Monthly plans: billing doesn't change. Your PayPal subscription keeps charging on its normal date. The paused weeks are added onto the end of your last month when you cancel, so you still get that coaching time.
Bundles: your end date moves back by the length of the pause.
Short trips where you'll have a gym or some equipment aren't pauses. I'll adjust your program for the trip instead.
Need a longer break for medical reasons? On a monthly plan, cancel and rejoin later. There's no re-signup fee. On a bundle, a longer hold is at my discretion and needs a doctor's note.

7. Your 10-day cooling-off right

Under Ontario's Consumer Protection Act, 2002, prepaid fitness and "personal development" services come with a 10-day cooling-off period. You can cancel for any reason within 10 days and get a full refund.

My 10-day full-refund window (Section 6) is how I honour this.
If you receive your copy of this written agreement after you pay, the 10 days count from the day you receive it.
Nothing in these Terms takes away this right, or any other right you have under consumer protection law where you live.
To cancel, just tell me in writing (email or TrainHeroic message).

8. Calls, messages and response times

Coaching calls (Core Coaching and Premium)

Calls are 15–20 minutes by video or phone, booked through Cal.com, in Eastern Time.
Need to reschedule? Give me at least 24 hours' notice and we'll find another time that week.
Calls missed without 24 hours' notice count as used. They aren't refunded or carried over. Emergencies happen, and I'll be fair about them.
If I have to cancel a call, I'll always reschedule it.

Messages

Pathway: I reply to in-app messages within 48 hours.
Core Coaching: I reply within 24 hours on weekdays.
Premium: priority messaging. I reply the same business day.
Message days: Monday to Friday. Messages that come in over the weekend are answered on Monday.
Messaging is not for emergencies. If you have chest pain, trouble breathing, or another medical emergency, call 911. If you're in crisis or thinking about suicide, call or text 988 (in Canada).

9. Your responsibilities

To keep coaching safe and useful, you agree to:

Give honest, complete health information in your intake and check-ins, and tell me about any changes to your health, injuries, medications or pregnancy.
Get medical clearance when I ask for it, before you start or continue training.
Train in a safe space with enough room, a stable floor, and no hazards nearby.
Use equipment that's safe and in good working order, and set it up properly (for example, safety bars on a rack and collars on a barbell).
Use proper form, warm up as written, and choose weights you can control. When in doubt, go lighter and send me a form video if your plan includes form review.
Stop right away if you feel pain, and get medical help if you feel chest pain, dizziness, unusual shortness of breath, or sharp pain. Then tell me, so I can adjust your program.
Pay on time and keep your contact details up to date.
Treat our coaching relationship with respect, as I will.

10. Exercise has risks

Exercise, including strength training, conditioning and testing days, carries real risks. These include muscle strains, joint injuries, falls, and in rare cases serious medical events. Because you train on your own, I can't see you in person, check your equipment or spot your lifts.

11. Assumption of risk and release

By signing up, you confirm that:

you take part voluntarily and understand the risks described in Section 10;
you accept responsibility for training safely in your own environment and with your own equipment; and
you've read and agreed to the Consent and Waiver section of the intake form (Q101–Q107). That section is part of this agreement.

To the extent the law allows, you release Dave Leek and Who's Your Trainer from claims for injury, illness or loss that come from your participation in remote coaching, including training on your own.

12. Not medical advice, and about nutrition

I'm a personal trainer, not a doctor, physiotherapist or registered dietitian. Coaching is not medical advice, diagnosis or treatment, and it doesn't replace care from a health professional.
Talk to your doctor before starting any new exercise program, especially if you have a health condition, an injury, or you're pregnant or have recently given birth.
Injuries: I'll modify exercises around old injuries. For anything that needs diagnosis or rehab, I'll point you to the right professional (for example, a physiotherapist or doctor) and I'm happy to work alongside them.
Nutrition: Premium includes general nutrition guidance: practical habits like protein, portions and meal timing that support your training. On every plan, sleep, steps and recovery are part of the conversation.
Meal plans are a separate Nutrition Coaching service offered on www.whosyourtrainer.com (currently a sample meal plan). When I provide meal plans through that service, they follow Canada's Food Guide. I don't give medical or clinical nutrition advice. That includes diets for medical conditions, calorie targets for health conditions, and supplement advice where medications are involved.
I'll refer you to a registered dietitian or your doctor when that's the right call, including if you have a medical condition that affects how you eat, or if there are any signs of disordered eating.

13. No guaranteed results

I'll give you a plan built for you, honest feedback and steady support. But results depend on many things outside my control, like your consistency, sleep, stress, nutrition, health and genetics. I can't promise or guarantee any specific result, such as a set amount of weight lost or a target lift. Any client stories I share are individual experiences, not promises.

14. Using my programs and content

Your programs, workouts, check-in notes, videos, templates and other coaching materials are created by me and belong to me (or to whoever licensed them to me).
They're for your personal use only while you're a client.
Please don't share, copy, post, resell or give them to anyone else, including friends, family, other coaches or online groups.
Your access to the program in TrainHeroic may end when your coaching ends.
Your use of TrainHeroic and PayPal is also covered by their own terms.

15. Testimonials and progress photos

Progress photos are optional and private between us. I'll never share them without your written permission.
I'll only use your testimonial, results, name or photos in a way you've agreed to in writing (for example, in the intake form: no, anonymously, first name only, or with photos). I'll always ask again before posting anything.
You can withdraw your permission at any time by emailing me. I'll stop any new use, and I'll remove past posts I control where I reasonably can.

16. Your privacy (summary)

I handle your personal information in line with Canada's privacy law for businesses, the Personal Information Protection and Electronic Documents Act (PIPEDA). My full Privacy Policy at https://www.whosyourtrainer.com/privacy explains the details. In short:

What I collect: your contact details, date of birth, emergency contact, health screening answers, injuries, medications, lifestyle and nutrition habits, training history, goals, workout logs, check-ins, and any photos, videos and measurements you choose to share. For under-18 clients, I also collect the parent or guardian's contact details and consent.
Why: only to provide and improve your coaching, keep you safe, handle billing, and talk with you.
Where it's stored:
Your intake form and waiver: Jotform.
Your program, logs, notes and messages: TrainHeroic.
Payments: PayPal.
Call bookings and email: Cal.com and Microsoft Outlook (Hotmail).
Some of these providers may store information outside Canada.
AI drafting: I use an AI writing assistant to help draft some check-in notes from your check-ins and logs. I review every draft myself.
Health information is kept confidential. I don't sell your information, and I don't share it except with the services above to run your coaching, with your permission, or when the law requires it.
Your choices: you can ask to see or correct your information, or withdraw consent (which may mean I can't keep coaching you safely). I keep records for 7 years.
Questions or requests: email me at daveleek1@hotmail.com.

17. Ending coaching on my side

I may end our coaching if, for example:

you break these Terms (for example, non-payment, sharing my programs, or abusive behaviour);
I don't receive medical clearance I've asked for, or I believe continuing isn't safe for you; or
I can no longer provide the service.

If I end coaching for any reason other than a breach of these Terms, I'll refund any unused prepaid weeks pro-rata. If I end it because you breached these Terms, there is no refund. Either way, I'll tell you in writing.

18. Limitation of liability

To the extent the law allows:

I'm not responsible for indirect or consequential losses, or for injury or loss caused by your equipment, your training space, not following the program or my guidance, not telling me about health changes, or problems with third-party services like TrainHeroic or PayPal; and
my total liability to you for any claim related to coaching is limited to the fees you paid me in the last 3 months.

Nothing in these Terms limits liability that can't legally be limited, or your rights under consumer protection law.

19. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. Any dispute will be handled in the courts of Ontario, unless the consumer law where you live says otherwise. If we ever disagree, please email me first. Most things can be sorted out with a conversation.

20. Changes to these Terms

I may update these Terms from time to time. I'll post the new version at www.whosyourtrainer.com with a new "Last updated" date and email current clients about any important changes at least 30 days before they apply. If you don't agree with a change, you can cancel as described in Section 6.

21. Contact

Who's Your Trainer · Dave Leek (sole proprietor) · London, Ontario

723 Guiness Way, London, Ontario

Email: daveleek1@hotmail.com

Website: www.whosyourtrainer.com

Effective date: October 14, 2026