The agreement between you and Train with Swan governing your use of our coaching services, the Swan HQ app, and related digital products.
We are TWS HQ Holdings LLC, a Wyoming limited liability company located at 30 N Gould St, Ste N, Sheridan, WY 82801. Train with Swan is a trade name owned and operated by TWS HQ Holdings LLC ("Company", "we", "us", "our").
These Legal Terms constitute a legally binding agreement between you and TWS HQ Holdings LLC concerning your access to and use of our Services. By accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Contact us at any time: support@trainwithswan.com
The Services are primarily intended for users who are at least 18 years of age. Users 18 and older may enroll and sign independently.
Clients under the age of 18 may access Services only with documented written consent from a parent or legal guardian. By enrolling a minor, the parent or legal guardian:
Minor liability waivers are subject to California law, which may limit their enforceability. Parental co-signature and assumption of liability represents your strongest available legal protection.
All coaching services are designed, reviewed, and delivered by certified coaching professionals. Our coaches hold certifications through nationally recognized organizations including the National Academy of Sports Medicine (NASM) and Precision Nutrition. All exercise programming and nutrition guidance reflects the professional judgment and expertise of a certified coach, delivered in accordance with our certifying organizations' scope of practice guidelines.
Our nutrition coaching constitutes general wellness and lifestyle guidance only. It does not constitute medical nutrition therapy, clinical dietetic advice, or the practice of medicine. Our coaches are not licensed physicians, registered dietitians (RD), or registered dietitian nutritionists (RDN). Clients with medical conditions, eating disorders, or complex dietary needs should consult a licensed physician or registered dietitian in addition to our coaching services.
Any supplement recommendations are general wellness suggestions only and do not constitute medical advice. Consult a licensed physician before beginning any supplement regimen, especially if taking prescription medications. The Company is not liable for adverse reactions to supplements.
Our coaches may use technology tools, including artificial intelligence platforms, as internal productivity aids — such as aggregating nutritional data, compiling totals, or formatting program documents. This is analogous to using a calculator, spreadsheet, or database tool. All coaching programs, nutrition plans, and recommendations are originated, designed, and reviewed by a certified coach. Artificial intelligence does not independently generate, design, or deliver any coaching advice, program, or nutrition plan. Clients receive the professional judgment of a certified coach, supported by modern tools.
Prior to beginning any coaching program, all clients (or their parent/guardian if a minor) are required to:
Failure to accurately disclose health information voids any liability claim against the Company arising from harm related to an undisclosed condition. The Company relies on client-provided health information to deliver safe programming and cannot be held responsible for outcomes arising from withheld information.
Fitness and nutrition outcomes vary significantly between individuals based on genetics, adherence, lifestyle, sleep, stress, and existing health conditions. The Company makes no warranties, express or implied, that participation in any coaching program will produce specific results, including but not limited to weight loss, muscle gain, performance improvement, or health improvements.
Any testimonials, transformation photos, or client results displayed on our website or social media represent individual experiences and are not typical. They are not a guarantee, warranty, or prediction of what any other client will experience.
We own or license all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics.
All exercise programs, workout plans, nutrition plans, and coaching materials are proprietary and confidential. Clients are granted a personal, non-transferable license for personal use only. Clients may not:
Clients may not audio record, video record, screenshot, or otherwise capture any live coaching session, video call, or proprietary content without prior written consent. This applies to both online and in-person coaching.
"Train with Swan", "Swan HQ", "Swan HQ+", "Program Collection", and their associated logos are trademarks of the Company. Nothing in these Terms grants you any right to use the Company's names, logos, or trademarks without our prior written permission.
If you send us ideas, suggestions, feature requests, or other feedback about the Services or the App, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and commercialize that feedback for any purpose, with no obligation to compensate you, keep it confidential, or credit you. This gives us no rights in the training data and content you own (Section 25).
If you believe content on the Services or the App infringes your copyright, send written notice to support@trainwithswan.com (subject line "Copyright Notice") that identifies the copyrighted work, identifies the specific content you claim is infringing and where it appears, gives your contact information, states in good faith that the use is not authorized by the rights holder or the law, and states — under penalty of perjury — that your notice is accurate and that you are the rights holder or authorized to act on their behalf. We will review valid notices, remove or disable infringing content where appropriate, and may terminate the account of anyone who repeatedly infringes.
By using the Services, you represent and warrant that: (1) you have the legal capacity to agree to these Legal Terms; (2) you are at least 18 years of age, or if under 18, your parent or legal guardian has provided written consent and co-signed this agreement; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
We accept payment through Stripe. All payments are in US dollars. We may change prices at any time with reasonable notice. The Company is not liable for outages, errors, data breaches, or processing failures caused by Stripe or any other third-party payment platform. All payment disputes related to Stripe-processed transactions are handled through Stripe's dispute resolution process.
Your subscription will continue and automatically renew unless canceled. You consent to recurring charges without requiring prior approval for each charge, until you cancel.
We offer a 7-day free trial on select Services to new users. The account will be charged according to your chosen subscription plan at the end of the free trial.
All subscriptions are managed through Stripe. Cancel via the customer portal. Cancellation takes effect at the end of the current paid billing period.
We may change subscription fees and will communicate price changes in accordance with applicable law with reasonable advance notice.
The Company is not liable for hazards or conditions at third-party training locations that are outside the coach's reasonable control. Clients assume responsibility for awareness of their training environment. The Company is not liable for injury resulting from improper or unauthorized use of equipment.
Personal training may involve physical contact by the coach for spotting, form correction, or safety. By enrolling in in-person training, clients consent to this form of hands-on guidance. Clients may withdraw this consent at any time by notifying their coach.
All payments are due in full in advance. Refunds are governed by our Refund Policy, which is incorporated into these Legal Terms by reference and is the controlling document in the event of any conflict. In summary: Personal Training packages are non-refundable after 14 days from purchase; Coaching Subscriptions are non-refundable after 7 days from the start of each billing period; Blueprint Audit purchases are non-refundable once analysis has begun. All refunds are processed through Stripe.
In consideration of the risk of injury while participating in Online Coaching, Personal Training, and/or Nutrition Coaching (the "Activities"), I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action arising out of my participation in the Activities, and do hereby release and forever discharge trainwithswan.com and the Company, their affiliates, managers, members, agents, attorneys, staff, coaches, volunteers, heirs, representatives, predecessors, successors and assigns, from any physical or psychological injury including illness, paralysis, death, damages, economical or emotional loss.
This release expressly includes:
I agree to indemnify and hold harmless trainwithswan.com and the Company against any and all claims, suits or actions for liability, damages, or compensation, including attorney's fees, brought by me or on my behalf.
The Company will not use any client's name, likeness, progress photos, testimonial, or results in any marketing, social media, or promotional content without the client's explicit prior written consent. This consent is entirely optional and is not a condition of receiving Services.
Such consent may be withdrawn at any time in writing. Progress photos and images of minor clients will never be used in any marketing or promotional content under any circumstances, regardless of parental consent.
The Company treats all client health information, personal data, progress data, and coaching communications as confidential. This information will not be shared with third parties except as required by law, as necessary to deliver the Services, or with the client's explicit consent.
Clients acknowledge that coaching programs, nutrition plans, and proprietary methodologies shared with them are confidential and proprietary to the Company and agree not to disclose them to third parties or use them for commercial purposes.
All refunds are governed by our standalone Refund Policy, which is incorporated into these Legal Terms by reference. The Refund Policy is the controlling document in the event of any conflict with these Terms. Please review it carefully before making a purchase.
In summary: the Blueprint Audit is refundable within 48 hours of purchase if analysis has not begun; Personal Training packages are refundable on unused sessions within 14 days of purchase; Coaching Subscriptions are non-refundable after 7 days from the start of each billing period. All refunds are processed through Stripe to the original payment method.
The Company reserves the right to terminate or suspend coaching services at its sole discretion, including for client misconduct, abusive behavior, failure to disclose material health information, non-payment, or any behavior that compromises safety.
In the event of Company-initiated termination without cause, the client will receive a pro-rated refund for unused prepaid sessions or subscription days. In the event of termination for cause, no refund will be issued.
Termination or expiration of your account, subscription, or coaching relationship does not erase the parts of these Terms meant to outlast it. The following survive: our intellectual-property rights (Section 05), the Prohibited Activities (Section 16), any fees already owed, and Sections 20 (Dispute Resolution), 22 (Disclaimer), 23 (Limitations of Liability), and 24 (Indemnification) — along with any other provision that by its nature should continue.
The Company shall not be liable for any failure or delay in performing its obligations arising from causes beyond its reasonable control, including acts of God, natural disasters, pandemic or public health emergency, government action, platform or technology outages, power failures, civil unrest, or illness of coaching staff. In such events, the Company will make reasonable efforts to reschedule affected sessions or provide alternative arrangements.
You agree not to:
Any coaching guidance or advice provided via email, text message, direct message, social media, or any informal communication channel is subject to the same terms, limitations, and disclaimers as formal coaching services. Informal communications do not create a separate coaching agreement or expand the Company's liability beyond what is established in these Terms.
The Services may contain links to third-party websites. We are not responsible for any third-party content accessed through the Services. The Company is not liable for outages, errors, or data breaches caused by third-party platforms including but not limited to Stripe, email providers, or cloud hosting services.
We care about data privacy and security. Please review our Privacy Policy, which is incorporated into these Legal Terms by reference. By using the Services, you agree to be bound by our Privacy Policy.
The parties agree to first attempt to resolve any dispute informally for at least thirty (30) days before initiating mediation or arbitration. Informal negotiations commence upon written notice.
If informal negotiations fail, the parties agree to attempt resolution through non-binding mediation before a mutually agreed mediator in Sheridan, Wyoming, or via video conference. Mediation costs shall be shared equally. Mediation is a prerequisite to binding arbitration except as noted below.
If mediation fails, the dispute will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Arbitration will take place in Sheridan, Wyoming.
Clients agree that these Terms are governed by Wyoming law and agree to Wyoming jurisdiction. Clients residing in states with specific consumer protection laws governing fitness contracts acknowledge that applicable local laws may apply to the extent they supersede these Terms.
All arbitration is limited to disputes between parties individually — no class-action basis. The following disputes are not subject to arbitration: (a) intellectual property rights enforcement; (b) disputes related to theft, piracy, or invasion of privacy; and (c) claims for injunctive relief. No dispute may be commenced more than one (1) year after the cause of action arose.
These Legal Terms are governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.
You agree to defend, indemnify, and hold us harmless, including our affiliates and all respective officers, agents, coaches, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party; (5) any harm arising from undisclosed health conditions, allergies, or physical limitations; or (6) any overt harmful act toward any other user of the Services.
In addition to the coaching Services above, the Company offers Swan HQ (the "App") — a web-based training application — and related digital products, including the Program Collection (a one-time purchase) and the Swan HQ and Swan HQ+ subscriptions. These additional terms apply to your access to and use of the App and digital products and form part of these Legal Terms. Where they conflict with the general Terms on an App-specific matter, these additional terms control.
To use the App you must create an account with a valid email address and a secure password. You are responsible for safeguarding your login and for all activity under your account. Accounts are personal and non-transferable — one account per person — and you agree to provide accurate information and to be at least 18 (or to have parental/guardian consent as described in Section 01). Notify us promptly of any unauthorized use of your account.
Refunds for all digital products are governed by our Refund Policy, incorporated by reference.
Some clients reach the App through an independent coach who licenses our separate coach platform, Swan HQ Pro, and whose own name and branding appear in the App. If that describes you: your use of the App software itself — your account, the self-guided exercise risks described below, and the intellectual-property, data, and availability terms of this Section 25 — is governed by these Terms. Your coaching relationship, however — the programs assigned to you, any health screening, your sessions, and how you pay for them — is with that independent coach, who is solely responsible for it. The Company is not your coach, and the coaching-services, credentials, and health provisions in Sections 01–24 above describe the Company's own coaching, not your independent coach's. Any refund or dispute about your coaching is between you and that coach. The automatic notice-and-revert process described under "Coach-Invited Access" below applies to clients invited by Train with Swan; an independent coach sets and manages their own clients' access, and we do not automatically remove an independent coach's clients.
Where your access depends on prepaid sessions with a coach (see "Coach-Invited Access" below), those session credits are held in the App against your relationship with that specific coach and are drawn down as sessions are delivered or logged. Session credits are not a separate stored-value account, are not transferable between coaches, and are non-refundable except as required by law or under our Refund Policy. Sessions bought from an independent coach are paid to and refundable by that coach, not the Company.
If a coach invites you to Swan HQ, your access through that invitation is a benefit of your paid training relationship with that coach and is tied to the prepaid sessions you hold with them. It is not one of the self-serve tiers described above; while it is active it gives you free access to the app's core training features — including the programs your coach assigns you — at no separate charge. A brand-new invited account also gets a short grace window after you accept the invitation before any of the following can begin.
When your prepaid session balance with that coach reaches zero, we notify you (and let your coach know). From that notice you have 10 calendar days to keep your invited access — by buying enough sessions from your coach to bring your balance back above zero, or by your coach extending or restoring your access. A Swan HQ or Swan HQ+ subscription does not, on its own, keep your coach's custom program — see "Getting access back" below.
If, after those 10 calendar days, your balance is still zero or below and none of those things has happened, your coach-invited access ends. When it ends this way, nothing is deleted — your logged workouts, your training history, and your own account are all preserved. You lose only what the invitation added:
Getting access back. Buying enough sessions to bring your balance above zero restores your invited access immediately, and your coach can restore or extend your access at any time. A Swan HQ or Swan HQ+ subscription is not, on its own, a way to keep or regain a custom program an independent coach built for you: those subscriptions give you Swan's own app, the Swan program library, and coaching input from Train with Swan on your own programs, but not any right to an independent coach's program — which stays view-only until you buy more sessions from that coach or they reinstate your access. Your own premium app features do return with an active Swan HQ or Swan HQ+ subscription. If Train with Swan is your coach, an active Swan HQ+ subscription includes Train with Swan's ongoing coaching on the programs it built for you, so that program stays fully usable.
Coach-invited access is a complimentary benefit tied to your prepaid sessions, not a paid subscription you buy from the Company, and the notice and grace period above are how we wind it down fairly rather than end it without warning. Nothing in this subsection limits any rights you have that cannot be waived under applicable consumer-protection law.
The App lets you create, log, and import training data, including workout history imported from third-party apps such as Hevy. You own the training data you create or import. You grant the Company a limited, non-exclusive license to host, process, back up, and display that data solely to operate and provide the App to you. You are responsible for having the right to import any data you bring in. If the App lets you upload your own media — such as a custom exercise video, image, or note — you keep ownership of it and grant the Company the same limited license to host, process, and display it within the App; you represent that you have all rights to that content, including the consent of anyone appearing or audible in it, and that it does not infringe any third party's intellectual-property, publicity, or privacy rights. You may export your data from within the App at any time, and you may request deletion of your account and associated data as described in our Privacy Policy.
Swan HQ+ adds a periodic review and refinement of your in-app program and direct messaging with a coach. It is a self-directed enhancement — not personal training, medical, or clinical advice — and remains subject to the health, no-guarantee, disclaimer, release-of-liability, and limitation-of-liability provisions of these Terms.
The App and digital products are self-guided. Unlike 1-on-1 coaching, self-guided users may not complete a health intake or PAR-Q, so you are responsible for determining your own readiness to exercise.
Consult a licensed physician before beginning any program, routine, or exercise in the App — especially if you have any medical condition or injury, are pregnant, or are unsure of your health status. Stop and seek medical attention if you experience pain, dizziness, or discomfort. Exercise carries inherent risks, and by using the App you knowingly assume all such risks. The Release of Liability and Assumption of Risk (Section 10) and all disclaimers and limitations of liability in these Terms apply fully to your self-guided use of the App.
The App is provided on an "as-is" and "as-available" basis. We do not guarantee uninterrupted or error-free operation and may modify, suspend, add, remove, or discontinue features — or the App itself — at any time. We are not liable for loss arising from App downtime, data-sync errors, or reliance on imported third-party data, and we are not liable for outages or failures of the third-party providers we rely on, including Stripe (payments), cloud hosting, and email delivery.
To resolve a complaint or receive further information regarding the Services:
Train with Swan / TWS HQ Holdings LLC
California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 · (800) 952-5210