Website Terms

1. Acceptance of these terms

These Website Terms are an agreement between you and Kavana by Talia, operated by Talia Berger ("Kavana," "we," "us," or "our"). By accessing or using this website, you agree to these terms and our Privacy Policy. If you do not agree, please do not use the website.

You must be at least 18 years old to schedule a consultation. If you are under 18, you may use this website only with the involvement and permission of a parent or legal guardian.

2. Fitness and nutrition information

Content on this website is provided for general informational and educational purposes only. It is not medical advice, diagnosis, treatment, physical therapy, mental-health care, or a substitute for care from a licensed healthcare professional.

Consult an appropriate healthcare professional before beginning or changing an exercise or nutrition program, particularly if you are pregnant, postpartum, injured, managing a medical condition, taking medication, or have concerns about your ability to exercise safely. In an emergency, call 911 or seek immediate medical care.

3. No coaching relationship created by the website

Viewing this website, sending an email, or scheduling a consultation does not by itself create a trainer-client, nutrition-coaching, or other professional relationship. Coaching begins only after Kavana accepts you as a client and the applicable client agreement, informed-consent documents, waiver, and payment arrangements have been completed.

Any client agreement or signed policy governing paid services will control if it conflicts with these Website Terms.

4. Consultations, booking, and cancellations

Consultation availability is not guaranteed. Kavana may accept, decline, cancel, or reschedule a consultation when reasonably necessary. Please provide at least 24 hours' notice if you need to cancel or reschedule a complimentary consultation.

Paid training sessions, packages, expiration dates, payments, cancellations, rescheduling, and late arrivals are governed by the policies provided in the applicable client agreement. Scheduling a consultation does not guarantee acceptance into a coaching program.

5. Results, testimonials, and photographs

Fitness, nutrition, body-composition, and performance outcomes vary from person to person. Results depend on many factors, including health status, attendance, effort, recovery, nutrition, lifestyle, and adherence. Kavana does not promise or guarantee any specific result or timeline.

Testimonials describe individual experiences and are not guarantees that another person will achieve the same outcome. Images are used with permission or for illustrative purposes, as applicable.

6. Intellectual property

The website and its original text, branding, graphics, photographs, layouts, training explanations, and other content are owned by or licensed to Kavana and are protected by applicable intellectual property laws. You may view and use the website for personal, noncommercial purposes only.

You may not copy, reproduce, republish, distribute, sell, modify, create derivative works from, scrape, or commercially exploit site content without prior written permission, except where permitted by law.

7. Acceptable use

You agree not to:

• Use the website for an unlawful, fraudulent, or abusive purpose.
• Attempt to gain unauthorized access to the website or related systems.
• Interfere with the operation, security, or availability of the website.
• Introduce malware, harmful code, automated scraping tools, or excessive requests.
• Misrepresent your identity or submit information belonging to another person without authority.

8. Third-party services and links

The website may link to or use third-party services, including Calendly and video-conferencing providers. Kavana does not control those services and is not responsible for their content, availability, security, or privacy practices. Your use of a third-party service is governed by that provider's terms and policies.

9. Website availability and accuracy

We make reasonable efforts to keep website information accurate and current, but we do not promise that all content will always be complete, error-free, or available. Services, availability, locations, and website content may change without notice.

10. Disclaimers

To the fullest extent permitted by law, the website and its content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. Nothing in these terms limits any warranty or right that cannot legally be excluded.

11. Limitation of liability

To the fullest extent permitted by law, Kavana and Talia Berger will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, this website or its general informational content. This limitation does not apply to liability that cannot legally be limited or excluded.

12. Governing law and venue

These Website Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Subject to any rights that cannot legally be waived, disputes concerning these terms or the website will be brought in the state or federal courts located in New York County, New York.

13. Changes, severability, and entire agreement

We may revise these Website Terms from time to time. Updated terms will be posted on this page with a revised effective date. Continued use of the website after an update constitutes acceptance of the revised terms.

If any provision is found unenforceable, the remaining provisions will remain in effect. These Website Terms and the Privacy Policy are the entire agreement concerning use of this website, but they do not replace a separately signed client agreement governing coaching services.

14. Contact us