Terms of Service & Participant Agreement

This Terms of Service and Participant Agreement ("Agreement") is made between Allison Yamamoto LLC, operating as Koa Athletic Health, a New York Limited Liability Company ("Company", "Koa", "we", "us" or "our"), and the undersigned participant ("Participant", "you").

IMPORTANT NOTICE: By registering for and/or using our Services in any manner, including but not limited to visiting or browsing our website, digital platform, or participating in our programs, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time, each of which is incorporated by reference.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND KOA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. DEFINITIONS AND SCOPE

"Services" includes our website, digital platform, the Koa Athletic Health Foundations Program, and all related content, features, and applications.

"Program Content" includes all materials, frameworks, designs, strategies, videos, documents, processes, and other content provided by the Company.

"Content" includes all information, data, text, photographs, videos, audio clips, software, scripts, graphics, and interactive features generated, provided, or made accessible through the Services.


2. ELIGIBILITY AND REGISTRATION

Age Requirement: You must be at least 16 years of age to use our Services. If you are under 18, you must have parental or guardian consent.

Account Registration: You must provide accurate and complete information and keep your account information updated. You are solely responsible for:

  • Activity on your account

  • Keeping your password secure

  • Notifying us of any security breaches

  • Not sharing login credentials with others

Health Consultation Requirement: You agree to consult with your physician or healthcare provider prior to making changes in nutrition, exercise, or lifestyle based on our Program.

3. PROGRAM DESCRIPTION AND ACCESS

Program Overview: The Koa Athletic Health Foundations Program is designed to support active women in rebuilding the foundations of performance by addressing common drivers behind hormonal dysfunction, chronic fatigue, underperformance, and burnout.

Program Includes:

  • 12 weeks of access to 9 guided modules (video lessons, slide presentations, downloadable PDFs)

  • Weekly live office hours

  • Weekly workbook-based homework assignments

  • Access through our designated digital platform

Modification Rights: We reserve the right to modify the Program format, delivery, or platform at any time to improve content or participant experience.

4. FEES, PAYMENT, AND BILLING

Payment Options:

  • One-time payment of $1,200

  • Payment plan of 3 payments of $450 ($1,350 total)

  • Discount pricing may be available through promotional codes

Payment Terms:

  • All payments are final and non-refundable unless otherwise stated in writing

  • Payment processing handled through third-party processors (you agree to comply with their terms)

  • We may submit periodic charges without further authorization until you provide notice of termination

  • You must provide current, complete, and accurate billing information

Auto-Renewal: Unless you opt out through your account settings, subscription-based services will automatically renew for successive periods at the then-current rate.

Failed Payments: If payment fails, you agree to pay all amounts due upon demand. We may suspend or terminate access for non-payment.

5. INTELLECTUAL PROPERTY RIGHTS

Our Property: All Program Content is the intellectual property of Koa Athletic Health. You are granted a limited, non-exclusive, non-transferable license to view Program Content solely for personal, non-commercial use through authorized platforms only.

Prohibited Uses: You shall not:

  • Download, copy, share, distribute, republish, reproduce, sell, teach, or modify any Program Content

  • Record, screenshot, or create derivative works from video content

  • Share login credentials or provide access to third parties

  • Use our content for any commercial purpose

Your Content: You retain all rights to content you create and share during the Program. By participating, you grant us a limited license solely to display your contributions within the Program platform as necessary to facilitate group discussions and provide Services. We will not use your personal information, health disclosures, or contributions for marketing or commercial purposes without your explicit written consent.

Content Management: We reserve the right to, but do not have any obligation to, remove, edit or modify any Content in our sole discretion, at any time, without notice and for any reason.

6. PLATFORM USAGE AND CONDUCT RULES

Acceptable Use: You agree not to:

  • Violate any laws, regulations, or third-party rights

  • Share false, misleading, or harmful content

  • Impersonate others or provide false information

  • Upload malicious software or attempt to interfere with platform operations

  • Use automated tools to access the platform

  • Engage in spamming, harassment, or inappropriate behavior

  • Share identification documents or sensitive financial information

Technical Restrictions: You shall not:

  • Decompile, reverse engineer, or attempt to derive source code

  • Create derivative works of our platform or services

  • Bypass security measures or access restrictions

  • Overload our systems or infrastructure

7. CONFIDENTIALITY AND PRIVACY

Confidential Information includes all Program Content, personal health information, coaching discussions, participant contributions, and information shared by other participants in any format.

Your Obligations:

  • Maintain strict confidentiality of all Program information and not disclose it to any third party

  • Respect the privacy of fellow participants and refrain from sharing their personal experiences, health disclosures, or contributions without their explicit written consent

  • Not record, screenshot, share, or redistribute any confidential information

  • Not use any confidential information for commercial purposes

  • Understand that any unauthorized disclosure is strictly prohibited and may result in legal action and damages

Group Settings: You consent to participate in live group coaching and acknowledge that while we promote confidentiality, we cannot guarantee it in group settings. Live sessions may be recorded for internal purposes.

Privacy Policies: Your personal data is governed by:

8. NON-COMPETE AND NON-SOLICITATION

Intellectual Property Protection: You will never copy, reproduce, or use our proprietary frameworks, methodologies, and Program Content for any commercial purpose. This restriction is permanent and survives termination of this Agreement, as it protects our legitimate intellectual property rights.

Non-Compete: For 24 months following Program completion, you will not create, market, sell, or offer competing programs that substantially replicate the structure, format, or delivery methods of our Program, regardless of whether you use our specific content.

Non-Solicitation: For 12 months following Program completion, you will not solicit our current or prospective clients, customers, or collaborators for services similar to those we offer.

9. THIRD-PARTY SERVICES AND LINKS

Our Services may include links to or integration with third-party websites and services. We are not responsible for:

  • Content, accuracy, or practices of third-party services

  • Privacy policies of external sites

  • Damage or loss from third-party services

Your use of third-party services is at your own risk and subject to their terms.

10. DISCLAIMERS AND HEALTH WARNINGS

Educational Purpose: Our Program is for educational and informational purposes only and does not constitute medical, nutritional, psychological, or professional advice.

No Guarantees: We do not guarantee specific outcomes or results from Program participation.

Health Responsibility: You assume full responsibility for your health and well-being during participation. Consult healthcare providers before implementing changes.

Platform Disclaimers: Our Services are provided "as is" without warranties of any kind. We do not warrant that:

  • Services will be uninterrupted or error-free

  • Content is free of viruses or harmful components

  • Technical issues will not affect access

  • Results will meet your requirements

AS IS SERVICE: THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

11. LIMITATION OF LIABILITY

To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of our Services or Program Content.

Damage Cap: Our total liability shall not exceed the greater of:

  • Fees paid by you in the immediately previous 3 months

  • $500

Indemnification: You agree to indemnify and hold harmless Koa Athletic Health, its owners, employees, and agents from any claims, losses, or damages arising from your use of Services or violation of this Agreement.

12. TERMINATION

Our Rights: We may terminate your access for:

  • Failure to comply with this Agreement

  • Inappropriate behavior or misuse of Program Content

  • Non-payment of fees

  • Violation of platform rules

No Refunds: No refunds will be given for terminated accounts due to violations.

Effect of Termination: Upon termination, your access ends immediately, but confidentiality, non-compete, and other surviving provisions remain in effect.

13. ARBITRATION AND DISPUTE RESOLUTION

Binding Arbitration: All disputes will be resolved by binding, individual arbitration in accordance with JAMS, Inc. rules in New York County, New York, EXCEPT:

  • We may seek injunctive relief for intellectual property violations in state or federal court

  • You may bring claims in small claims court if within jurisdiction

Class Action Waiver: You waive rights to participate in class actions, class-wide arbitration, or representative proceedings.

30-Day Opt-Out: You may opt out of arbitration by written notice within 30 days to: Allison Yamamoto LLC 83 2nd Place, Apt 4L, Brooklyn NY 11231

One-Year Limit: Any claims must be filed within one year of arising or be forever barred.

14. GENERAL PROVISIONS

Governing Law: This Agreement is governed by New York State law and U.S. federal law.

Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the complete agreement between parties.

Modifications: We may modify these terms at any time. Continued use after modifications constitutes acceptance.

Severability: If any provision is unenforceable, the remainder remains in effect.

No Waiver: Our failure to enforce any provision does not waive our right to do so later.

Force Majeure: We are not liable for failures due to causes beyond our reasonable control.

Assignment: These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

Notices: Unless otherwise specified, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to hello@allisonyamamoto.com.

Headings: The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.

ACKNOWLEDGMENT AND CONTACT

We're glad you're here. This Agreement protects the structure, respects our work, and protects everyone involved—including you. If you have any questions before agreeing, don't hesitate to reach out.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

Contact Information: Allison Yamamoto LLC operating as Koa Athletic Health Email: hello@allisonyamamoto.com Address: 83 2nd Place, Apt 4L, Brooklyn, NY 11231

Effective Date: August 26, 2025