Welcome to Happy Healthy Naked! These Terms of Service ("Terms") govern your use of the Happy Healthy Naked website, mobile application, and online fitness coaching services (collectively referred to as the "Service") provided by Happy Healthy Naked and its affiliates ("Happy Healthy Naked Mom," "we," or "us"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

‍

1. Eligibility

You must be at least 18 years of age to access this website and use the Service. By accessing this website and using the Service, you represent and warrant that you are at least 18 years of age.

‍

2. Account Registration

To access certain features of the Service, you may be required to register for an account. When registering for an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.

‍

3. Online Nutrition and Fitness Coaching Services

Happy Healthy Naked provides online fitness and nutrition coaching services, which may include workout plans, nutrition guidance, and other fitness-related content. You acknowledge that we are not a registered dietitian or physician, and any fitness or nutritional advice or guidance provided through the Service is for informational purposes only and should not replace professional medical advice. Happy Healthy Naked is not responsible for any injuries, health issues nor death, that may result from following the advice or guidance provided through the Service during or after your Service usage.

 

Our Nutrition services are not for you, if you are Vegan or Vegetarian, post-surgery and haven’t completed physical therapy or preparing for surgery.

 

If you are just completing physical therapy in the last 3-months, a list of all doable fitness exercises is required from your Physical Therapist.

 

By purchasing/and or using the Service, you agree that you have obtained medical clearance from your physicians to participate in the nutrition and fitness services offered in this program. 

 

 

Communication

Direct communication with your specialist via in app messaging 5-Days a week during normal operating business hours. 

 

Communication is key for the creation of your Monthly Customized Nutrition Guidance and Workout Regime.  

 

Timely, Respectful communication is expected and required to meet your needs. 

 

Rude, offensive, entitled behavior is not expected or acceptable and your program will be terminated without refund due to such behavior.

 

Responses to questions and inquiries from your specialist are expected within 48-hours.  Responses received later than 48-hours, are not guaranteed accommodation, and a fee may be required to make accommodations.

 

If no response is received to initial workout and nutrition plan creation messages from your expert, a workout and nutrition plan will be created by your expert according to the answers recorded on your intake questionnaire.

 

Once your meal plan and workout regime for the month has been delivered, adjustments can only be made and applied to the upcoming month.  

 

Custom Plans

After custom plan purchase, Happy Healthy Naked requires a detailed questionnaire to be completed by the customer that the plan is being created for. By completing this questionnaire the customer recognizes that in preparing this questionnaire they have disclosed true accurate and fair information about their health. Upon receipt of their plan the customer agrees to confirm with their physician that the customer is medically cleared to engage in this type of athletic program. The customer understands that providing false information and failing to seek a medical opinion as to their ability to carry out these plans could result in serious bodily injury and even death.

The customer is required to carefully review any provided plans against existing food allergies the customer may have . It is the customers responsibility to verify that the plan does not use foods that he/she may be allergic. While we attempt to tailor each plan to meet the dietary needs of the customer, the ultimate burden of ensuring that the customer does not eat a food with which they may have an allergy to rests with customer . The customer understands that these plans are not a medical service and have not been reviewed by a medical doctor or health care professional and we do not warrant them as being reviewed by such. By completing the questionnaire the customer specifically agrees to indemnify and release Happy Healthy Naked from any injury resulting from a discrepancy in this questionnaire or from own failure to seek medical advice to verify one's ability to engage in the athletic plan. The customer understands and appreciates that these plans require proper supervision by a doctor.The customer agrees to review this plan with their doctor or otherwise indemnify Happy Healthy Naked from any liability from using this plan without a doctor. The customer specifically understands that Happy Healthy Naked does not have doctors on staff and that this service is provided to be used in conjunction with proper medical guidance.

 

Physician Consent and Review

The requirement that you review this plan with your Physician is of EXTREME IMPORTANCE. Do not enroll in a program/challenge or push yourself beyond your Physician’s advice. As such we require that in order to use this site you speak with your Physician about the concepts and recommendations BEFORE heading any advice on this site. NOTIFY OUR CUSTOMER SERVICE TEAM IMMEDIATELY IF THERE IS A DISAGREEMENT WITH YOUR DOCTOR AND OUR PLANS. IF YOU DO NOT SPEAK WITH A DOCTOR IT IS POSSIBLE THAT YOU MAY BE INJURED OR DIE. YOU SPECIFICALLY INDEMNIFY US FROM THIS RISK OF INJURY OR DEATH EVEN IF SUCH INJURY IS CAUSED BY YOUR DOCTORS ADVICE.

​

Custom Plan Refunds

Due to the custom nature and digital delivery of these products, purchase is non-refundable except as required by law. Our trainers and specialist invest extensive time making the programs unique to you and much of the work is done right after signup.

This is an online digital service, and refunds are not offered under any circumstances after your nutrition and/or fitness program has been uploaded to your account.  If you find that you are unable to participate in your program post-purchase, you may pause the program for up to 24-weeks, and continue there after or transfer/gift the remaining portion of your program to another who is able to participate.  In the event you are medically unable to participate, notary bound documentation from your physician is required for review before transferring your program to a healthy able-bodied person of your choosing. Click here for information on how to transfer your program, in the event you are medically unable to participate. 

 

 

4. Mobile Terms of Service

Last updated: April 9, 2025

The Happy Healthy Naked mobile message service (the "Service") is operated by Happy Healthy Naked ("Happy Healthy Naked", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Happy Healthy Naked's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Happy Healthy Naked through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Happy Healthy Naked. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 79013 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Happy Healthy Naked mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, email support@happyhealthynaked.com. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

‍

5. Payment and Subscription

Some features of the Service may require payment, such as subscription fees for access to premium content. By purchasing a subscription or making a payment, you agree to pay the applicable fees and any taxes and to abide by the terms of the payment provider. Subscription fees are non-refundable except as provided in our Refund Policy (see Section 6).

‍

6. Intellectual Property

All content provided through the Service, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of Happy Healthy Naked or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, or distribute any content from the Service without the prior written consent of Happy Healthy Naked.

‍

7. Refund Policy (other than Custom Nutrition and Fitness Coaching Plans/Programs)

All cancellations and refund requests must be submitted through the in-app chat feature. Requests will be acknowledged within standard business hours the following business day. Refunds may be issued at the discretion of Happy Healthy Naked in accordance with the terms of the applicable subscription plan. Refunds will not be provided for partial subscription periods already used.

​

General Refund Policy Notes:

All refunds will be calculated according to the actual purchase price paid at the time of purchase. Refunds will be less cost of shipping and handling if applicable. Please note that returns for credit and debit card transactions are issued within two (2) business days after processed by our customer care team, however it may take up to five (5) for the credit to post to your credit card or bank account. If you are mistakenly sent a different product than what you ordered, or if the product is defective upon receipt, we will replace the product at no additional cost to you. No refunds will be made for products purchased from anyone other than the Company.

We may make special offers on our Website, via telephone, email or otherwise. If there is a variation or conflict between the terms of the special offer and these Terms, these Terms will apply and take priority unless the modification specifically references these Terms.

In the event a product has a mix of services, challenges, and products we reserve the right to allocate your purchase price between said items as noted in our published rates. In the event of published MSRP for said products we may allocate in our sole and absolute discretion.

To request a refund or exchange, contact Customer Service at support@happyhealthynaked.com, Customers ineligible for a refund may be granted a partial refund or provide other products/services, in our sole and absolute discretion.

We are not liable for any refund amount due to technical problems on your computer, including but not limited to: printer malfunction, inability to install Adobe Acrobat Reader, and/or problems due to Internet connectivity.

​

‍

8. Termination

Happy Healthy Naked reserves the right to terminate or suspend your access to the Service at any time, with or without cause, and without prior notice or liability. Upon termination, your right to use the Service will immediately cease.

‍

9. Changes to Terms

Happy Healthy Naked reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

Modification or Suspension of the Website

You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so. Specifically we strongly recommend you download all purchased content so that it is available to you in the event this website is no longer live.

​

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

‍

10. Governing Law

The Terms and the relationship between you and Company shall be governed by the laws of the State of Texas without regard to any conflicts of laws principles.

Dispute Resolution by Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

​

Summary:

Most or your concerns can be resolved quickly to your satisfaction by contacting our Customer Service Center via support@happyhealthynaked.com. In the unlikely event that Customer Service cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. The American Arbitration Association (AAA) will serve as the arbitration provider. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, Company may pay you more than the amount of the arbitrator's award and will pay your actual, reasonable attorney's fees if you are awarded an amount greater than what Company offered you to settle the dispute before arbitration.

You may speak with your own lawyer before using this Website or purchasing any product or service, but your use of this Website and the purchase of any product or service constitutes your agreement to these Terms.

 

Arbitration Agreement:

Company and you agree to arbitrate all disputes and claims between us before a single arbitrator except for actions by Happy Healthy Naked seeking injunctive relief and disputes related to the unauthorized resale of products, trademarks, or other intellectual property of Happy Healthy Naked). The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:

1. claims arising out of, or relating to, any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory (except those specifically carved out above);

2. claims that arose before these or any prior Terms became effective;

3. claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

4. claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to "Company," "you," and "us," include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Website and our products and services under these Terms or any prior agreements between us.

This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE OR CLASS ACTION OR ARBITRATION.

You acknowledge that use of this Website and/or purchase of products or services constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.

A party seeking arbitration under these Terms must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Company should be addressed to: [addressee and address, Attn: Notice of Dispute (the "Notice Address"). Company may send a written Notice to the electronic mail address that you provided when you created an account, if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.

You may download or copy a form to initiate arbitration from the American Arbitration Association (“AAA”) website at:

https://www.adr.org/support

After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your total claim is for more than $75,000. If your total claim exceeds $75,000, the payment of all arbitration fees will be governed by the AAA rules. The filing fee for consumer-initiated arbitrations is currently $200, but this is subject to change by AAA, the arbitration provider. If you are unable to pay this fee and your total claim is for $75,000 or less, Company will pay the filing fee directly after receiving a written request at the Notice Address. Except as otherwise provided herein, Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought forth for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

All arbitration proceedings will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA (collectively, the "AAA Rules"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of Article 23 are for the court to decide.

Unless Company and you agree otherwise, any arbitration hearings will take place in the county or parish of the Company’s primary address in Texas. If your total claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA Rules. If you choose to proceed either by telephone or in person, we may choose to respond only by written or telephonic response. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a telephone or in-person hearing. The parties agree that in any arbitration under these Terms, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which Company was a party. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based.

If the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected, then Company will pay you either the amount of the award or $2,000 ("the Alternative Payment"), whichever is greater, plus the actual amount of reasonable attorney's fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the "Attorney's Payment"). If we did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney's Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney's Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer, the arbitrator shall consider only the actual attorney’s fees or expenses reasonably incurred before Company’s settlement offer.

The right to attorney's fees and expenses discussed in paragraph (f) supplements any right to attorney's fees and expenses you may have under applicable law. If you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Company may have a right to an award of attorney's fees and expenses from you if it prevails in an arbitration, we will not seek such an award.

The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this Arbitration Agreement.

If the total amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

Notwithstanding any provision in these Terms to the contrary, we agree that if we make any material change to this arbitration provision (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

‍

11. Contact Us

If you have any questions about these Terms, please contact us at support@happyhealthynaked.com

‍

By accessing this website and using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

​