Provider: Colin Simmler, sole proprietor, trading under the name Colin James
Sonnentalstrasse 4B
8600 Dübendorf, Switzerland
Contact: contact@colinjames.ch
Governing law: Switzerland (Swiss Code of Obligations, OR).
(1) These General Terms and Conditions (“Terms”) govern all contracts between the Provider named above and the customer (“Customer”) regarding the digital training programs offered by the Provider (each a “Program”).
(2) The version of these Terms in force at the time the contract is concluded applies. Deviating terms of the Customer are not accepted.
(3) The offer is directed at consumers. The Customer confirms at purchase that they are acting as a private individual and not in a commercial capacity.
(1) The Provider supplies structured digital training programs combining strength and endurance training, delivered on the third-party platform FITR.
(2) The specific content, duration, structure and price of each Program are described on the relevant sales page and on the platform at the time of purchase. Those descriptions form part of the contract for that Program.
(3) A Program typically comprises written session instructions, a defined progression system, exercise demonstration videos, in-app logging of training, and a written manual. The exact scope of any individual Program is as described at the point of sale.
(4) A Program constitutes digital content. It is a self-directed training plan and is expressly not individualised coaching, medical supervision, or a personalised prescription.
(5) The Provider answers Customer questions inside the FITR platform and aims to reply within 2 business days. This is a service commitment and not a guarantee of continuous availability.
(1) The presentation of a Program on the website and on FITR is a non-binding invitation, not a binding offer.
(2) To order, the Customer creates a user profile on the FITR platform (name, age, email address, password, country of residence).
(3) As part of the ordering process the Customer must view and accept this combined document comprising the Terms, the Health Waiver and the Cancellation Policy. Without this consent no contract is concluded.
(4) The Customer submits a binding offer by accepting this document and completing the purchase on the platform. Payment is processed by the payment service provider Stripe.
(5) The contract is concluded on successful payment. Confirmation is sent by email and access to the Program is activated immediately thereafter.
(1) The price displayed at the time of ordering applies. Introductory or founder pricing may be time-limited and may increase for later purchasers. The price paid by the Customer is the price displayed at the moment of their own purchase.
(2) No VAT is shown or charged. Should the Provider become VAT-liable, prices will be adjusted accordingly for future purchases.
(3) Payment is made using the methods offered at checkout via Stripe.
(1) A Program is provided entirely within the third-party FITR platform. The Customer requires a FITR account and a compatible device with internet access.
(2) Access is activated after payment. The Customer receives a simple, non-transferable right of use for personal use only.
(3) Sharing of access credentials, downloading for redistribution, or disclosure of content to third parties is not permitted.
(4) The Provider may make technical adjustments to the content provided the essential contractual content is preserved.
(1) Unless stated otherwise at the point of sale, a Program (fixed-length) is sold for a single one-time payment. No subscription is agreed and no recurring charges are made. No cancellation is necessary, as the contract does not renew automatically.
(2) Access begins on activation of the Program in the training platform and is not time-limited. The Program, together with the Customer's own training logs, notes and recorded results, remains available in the Customer's platform account after the scheduled training period has ended.
(3) The Customer may repeat the Program as often as desired at no further cost, by restarting it from the archived programs section of the platform. No additional payment, licence or permission is required.
(4) Access under paragraphs (2) and (3) is provided through the third-party training platform used by the Provider and is therefore dependent on the continued availability of that platform and of the Provider's account with it. The Provider does not operate the platform and cannot guarantee its permanent availability. Should the platform cease operation, materially change its service, or should the Provider's account with the platform be terminated, access may end. In that event the Provider will, where reasonably possible, give the Customer advance notice and offer access to the Program content in a comparable form. No claim to perpetual availability in a specific technical form is granted, and no refund of the purchase price is owed once the Program has been made available in full.
(5) The Provider may correct, update or improve the Program content. Changes take effect for all Customers, including those who have already completed the Program. Such changes will not reduce the essential scope or function of the Program.
(6) Access is granted to the Customer personally and is non-transferable. Account sharing, resale, redistribution or making the content available to third parties is not permitted.
(7) Where a product is expressly offered as a subscription, paragraphs (2) and (3) do not apply. In that case access runs for as long as the subscription is active, ends on expiry of the current billing period after cancellation, and the terms of the respective subscription product apply.
(1) The Provider warrants that the digital content is materially as described at the time of provision.
(2) In the event of a material defect, the Customer’s mandatory statutory warranty rights under Swiss law remain unaffected.
(3) Interruptions caused by the third-party platform FITR or by the Customer’s own hardware, software or internet connection do not constitute a defect in the Program itself, save where the Provider is responsible.
(1) A Program does not constitute medical advice and makes no promise of any specific health, performance or aesthetic outcome.
(2) The Customer is responsible for checking their own health suitability before starting, and for seeking medical advice in case of pre-existing conditions, symptoms, or uncertainty.
(3) Participation is at the Customer’s own risk. Details are set out in Part B.
(4) The Provider is liable without limitation for damage arising from injury to life, body or health caused by the Provider’s intentional or negligent breach, and for other damage caused by intent or gross negligence.
(5) Liability for slight negligence is limited to the breach of essential contractual obligations and to the foreseeable damage typical for this type of contract. Any further liability is excluded to the extent permitted by Swiss law.
(1) All content, including written programming, manuals and exercise videos, is protected by copyright and remains the property of the Provider.
(2) Reproduction, distribution, public sharing, screenshots for redistribution, or disclosure to third parties are not permitted.
Personal data is processed in accordance with the separate privacy policy available at colinjames.ch/privacy. Registration, delivery and payment data are also processed by the third-party providers FITR, Stripe, MailerLite and Webflow under their own terms.
(1) Swiss law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Where the Customer is a consumer resident in another country, the mandatory consumer-protection provisions of that country remain unaffected.
(2) Should any provision be or become invalid, the validity of the remaining provisions is unaffected.
By purchasing, accessing, or participating in any Colin James training program, you acknowledge and agree to the following.
All content, including the training program, the manual, exercise demonstration videos, written material and any nutritional guidance, is provided for general educational and informational purposes only. It is not medical, therapeutic, or healthcare advice, diagnosis, or treatment.
Participation does not create any doctor-patient, therapist-client, or medical advisory relationship. The program is a self-directed plan and not individualised coaching. If you have any medical condition, injury, cardiovascular risk factor, or other health concern, you must consult a licensed physician or qualified healthcare professional before starting. You agree not to rely solely on this content for health-related decisions.
You acknowledge that strength training and running involve inherent risks, including but not limited to muscle strains, ligament and joint injuries, falls, overuse injuries, cardiovascular stress, dizziness or fainting, and serious bodily injury. These risks cannot be entirely eliminated. You voluntarily assume full responsibility for all risks associated with your participation and confirm that you are physically capable of exercising.
You are solely responsible for selecting appropriate exercise variations and loads, scaling movements, maintaining proper technique, ensuring adequate rest and recovery, and stopping immediately if pain, discomfort, dizziness, or unusual symptoms occur. Benchmark tests and progression targets are guidance, not instructions to exceed your own safe limits. The Provider cannot supervise your execution and is not responsible for injury resulting from improper form, overexertion, or failure to follow safety guidance.
Individual results vary and depend on factors including consistency, effort, nutrition, sleep, stress, genetics, and training history. No specific strength, muscle, fat-loss, aesthetic, or performance outcome is guaranteed. Any testimonials or example results are not guarantees of future results.
To the fullest extent permitted by Swiss law, the Provider is not liable for indirect, incidental, consequential, or special damages, loss of profit, or loss of data arising from use of the program, the website, or the materials. This limitation does not apply to liability for intent, gross negligence, or injury to life, body, or health where liability cannot lawfully be excluded.
The program is delivered through the third-party platform FITR. The Provider does not guarantee uninterrupted, error-free, or permanently available access, or compatibility with all devices. You are responsible for having compatible hardware, software, and internet access.
The Provider operates from Switzerland and offers its programs internationally. You are responsible for ensuring your participation complies with the laws of your country of residence. Nothing here limits mandatory consumer-protection rights under your applicable local law.
You agree to hold harmless the Provider and its representatives from claims, damages, liabilities, costs, or expenses arising from your participation, your misuse of the content, or your violation of these terms or applicable law, to the extent permitted by Swiss law.
By purchasing, accessing, or participating, you confirm that you have read this Health Waiver in full, understand it, agree to it voluntarily, and accept full responsibility for your participation. If you do not agree, you must not participate.
Each program is a digital product delivered immediately on purchase. Once access has been granted, all sales are final and no refunds are given, except where mandatory law requires otherwise or where the content is materially defective and the defect is not remedied.
Swiss law provides no general statutory right of withdrawal for distance contracts concluded online. The Provider does not grant a voluntary return or refund right for its digital products.
Where a Customer is resident in a jurisdiction that grants a mandatory statutory right of withdrawal for digital content (in particular the European Union, with a 14-day period), that right lapses once performance of the contract begins, provided the Customer has, at purchase: (a) expressly requested that performance begin before the end of the withdrawal period, and (b) confirmed awareness that doing so causes the right of withdrawal to lapse. Both confirmations are obtained in the consent block at purchase. Nothing in this policy limits any statutory right that cannot lawfully be waived.
The above states the contractual position. The Provider may, at its sole discretion and without creating any entitlement, resolve individual cases by goodwill. Customers who are dissatisfied are invited to make contact before taking any other step.
Any question or request should be sent to contact@colinjames.ch, stating the order and the email address used at registration.