Terms and Conditions For Purchase of Remote Training Program
I. PARTIES; GOVERNING LAW
This remote personal training Agreement (hereafter, “Agreement”) is between FITPRO, LLC (referred to herein also as “FitPro”), and person named above (hereafter “Client”). All parties agree that Client is buying a remote personal training Program from FitPro, for benefit of Client, according to the terms of Agreement. This Agreement shall be governed and enforced in accordance with Arizona law.
II. INCLUDED SERVICES
Client will pay in full to FitPro their entry fee (hereafter, “Total Sale Price”) for the following services (hereafter, the “Program”): advice pertaining to diet, exercise, and related topics; daily workout prescription and technique recommendations; access to, participation in, and receipt of responses from FitPro in the Program’s Facebook group; and other suggested lifestyle changes related to the Program, beginning on the date Agreement is signed by Client. If FitPro provides additional time or services beyond those in the Program, FitPro reserves to right to charge, and Client agrees to pay, an “overtime” fee of $150/hour for all services beyond those stipulated in the Program.
Client acknowledges that all materials provided to Client, in the duration of the Program, by FitPro, are copyrighted. Client agrees that it does not have FitPro’s authorization to share or publish ANY portion of the written workouts, emails, or any other FitPro materials, under any circumstances, without the express consent of FitPro. Client acknowledges that violation of this clause will result in at least an immediate and non-refundable termination of the Program, subject solely to the discretion of FitPro, in addition to any and all available remedies at law.
IV. LIMIT OF LIABILITY AND FULL RELEASE
Client agrees to fully release FitPro, its duly authorized representatives, affiliates and authorized agents from any and all liability, claims, demands or other actions that Client may have for injuries, disability or death or other damages of any kind, including but not limited to, direct, special, incidental, indirect, punitive or consequential damages, whether arising in tort, contract, or breach of warranty, arising out of participation in the Program, even if caused by the negligence or fault of FitPro, its duly authorized representatives, affiliates or authorized agents.
V. NOT MEDICAL ADVICE
Client acknowledges that FitPro is not a substitute for a doctor or for a dietician. Client acknowledges that FitPro does not diagnose health problems, does not provide medical advice and does not provide a substitute for medical attention. FitPro’s provision of services to the client in no way may be construed as a medical judgment that Client is medically, physically, or mentally able to receive the services. The services provided by FitPro should not replace any dietary restrictions or medical recommendations from Client’s doctor or other healthcare providers.
VI. ASSUMPTION OF RISK
Client acknowledges that the services purchased hereunder include participation in strenuous physical activities, including, but not limited to, weight training, stationary bicycling, various strength and conditioning machinery and possible various nutritional suggestions made by FitPro. Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, heart prostration, and any other illness, soreness, or injury however caused, occurring during or after Client’s participation in the physical activities directed by trainer. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of FitPro, FitPro’s duly authorized agent or representative, defective or improperly used equipment, over-exertion of Client, slip and fall by Client, or an unknown health problem of Client. Client agrees to assume all risk and responsibility involved with Client’s participation in the physical activities. Client affirms that Client is in good physical condition and has disclosed any and all disabilities that would prevent or limit participation in the physical activities. Client acknowledges that participation will be physically and mentally challenging, and Client agrees that it is the responsibility of Client to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability to take part in the physical activities. By signing this agreement, Client asserts that Client is capable of participating in the physical activities. Client agrees to assume all risk and responsibility for client’s exceeding his or her physical limits that may or may not result in the specifically aforementioned or unmentioned damages.
VII. RELEASE OF IMAGE, LIKENESS, AND VOICE
Client hereby grants permission, to FitPro, the rights of their image, likeness, and voice as recorded on audio or video or photo, for purposes of the Program, without payment or any other consideration. Client understands that their image may be exhibited, published or distributed. Client waives the right to inspect or approve the finished product wherein their likeness appears. Additionally, Client waives any right to royalties or other compensation arising from or related to the use of their image or likeness. Client further acknowledge that there is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. Client acknowledges and accepts that FitPro may use their image or likeness for commercial purposes. FitPro agrees to conduct any usage of Client’s image or likeness in good faith and for legitimate business purposes only.
VII. RELEASE OF IMAGE, LIKENESS, AND VOICE
By purchasing the Program, Client acknowledges that Client has read, understood, and agreed with all terms and conditions of this agreement, after having the opportunity to have it reviewed by an attorney at the discretion of the Client. This agreement constitutes the entire agreement of the parties and no other personal training agreement exists between Client and FitPro for the services named on this contract. Any conflict between the original agreement and any copy of the agreement shall be controlled by the original agreement. The agreement is fully assignable by FitPro.
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Thanks for your business, and see you in the program!