TERMS AND CONDITIONS.
Please read these terms and conditions (“Agreement") carefully as it constitutes a
binding contract between "US," "WE," and "YOU."
You hereby CONSENT to the exchange of information between US and YOU.
1. Services.
The agreed services to be provided by US include; –
i. In-person fitness training
ii. Nutrition guidance and custom plans
iii. Body composition tracking (DEXA)
iv. Ergonomic corrections
v. Coaching and accountability
The Customer may make specific service selections they wish to procure through the
Application or the Account.
We will provide the Services to YOU for the period of this Agreement, subject to the
necessary payments of applicable Fees and compliance with the terms of this
Agreement.
The Services shall be used by YOU solely for YOUR purposes, and WE do not
convey any right, ownership, or interest in the Services or OUR System to YOU.
YOUR rights to use the Services will terminate upon the termination of this
Agreement or suspension.
2. Term.
The period of this Agreement ("Term") shall begin as of when YOU accept this
Agreement, complete the Application, or obtain an Account and shall at first instance
be a commitment period of at least three months and thereafter renewable monthly
until terminated according to the terms hereof.
3. Payments.
Upon signing to the terms and conditions herein, YOU shall pay the fee as follows; –
________________________
________________________
________________________
4. Ownership and Copyright.
YOU acknowledge that all information, content, data, product names, company
names, trademarks, logos, and trade names used by US (collectively the "Content"),
including how the Content is exhibited and all other information relating to it, are the
property of the individual owners as indicated.
5. Confidential Information.
Each party acknowledges that they may directly or indirectly disclose Confidential
Information to the other party in the negotiation of and performance of this
Agreement. All such Confidential Information disclosed hereunder shall remain the
property of the disclosing party (or other third parties), and the receiving party shall
have no interest in or rights with respect to it, except as set forth herein.
Each party agrees to treat such Confidential Information with the same degree of
care and security as it treats its most confidential information. Each party may
disclose confidential information to employees and agents who require such
knowledge to perform services under this Agreement.
Except as otherwise contemplated by this Agreement, neither party shall disclose the
Confidential Information of the other party to any third party without the prior written
consent of the disclosing party, and the duty of confidentiality created by this section
shall survive any termination of the Agreement. YOUR Data shall, without limitation,
be Customer Confidential Information. OUR Data shall, without limitation, be
Confidential Information.
6. Termination.
Either party may terminate the terms of this Agreement at by issuing a 30 days’ prior
written notice for any reason, which may include but is not limited to; –
i. Failure to make the necessary payments
ii. Failure to abide by the terms and conditions contained herein
iii. Engaging in illegal activities
7. Limitation on Liability.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR
ANY DIRECT OR INDIRECT DAMAGES OR INJURY ARISING FROM THE
PERFORMANCE OF THE SERVICES LISTED ABOVE AND THE
CONSEQUENCES THEREOF.
8. Indemnity.
You agree at all times to indemnify and hold US harmless, OUR agents, suppliers,
licensors, affiliates, and employees against any actions, proceedings, costs, claims,
damages, liabilities, and expenses whatsoever sustained, incurred, or paid by US
directly or indirectly in association with the services provided under this Agreement.
9. Warranties.
WE do not guarantee successful results; WE do not provide any medical advice or
treatment of any illnesses, including physical therapy. We offer recommendations on
the services mentioned above.
10. Risks.
By agreeing to these terms and conditions, YOU certify that; –
i. YOU are in good physical condition to participate in physical exercise.
ii. YOU assume the risk of any physical injury, whether minor, severe, or
otherwise.
iii. YOU will disclose to the Trainer/US whenever a suggested activity causes
distress beyond YOUR threshold.
iv. YOU will not hold the US liable for any physical injury resulting from Training
Sessions, whether minor, severe, or otherwise.
v. YOU assume all responsibility for their participation in the Training Sessions.
11. Governing Law.
The terms and conditions herein will be governed by the State of California laws.
12. Dispute Resolution.
In a dispute or conflict between the parties regarding the terms and obligations under
this agreement, the conflict shall be mutually negotiated; if it fails, the parties will
refer the matter to mediation. If the dispute/conflict cannot be resolved through
mediation, parties will attend arbitration, and the successful party will be entitled to
its costs. The decision of the arbitrator shall be final and binding.
13. Severability.
Any provision herein found by a Court/tribunal of competent jurisdiction to be illegal
or unenforceable shall automatically conform to the minimum requirements of law.
All other valid, legality and enforceability provisions shall remain in full force and
effect.
14. Waiver.
The failure of a party to exercise or delay in exercising a right or remedy provided in
this Agreement in one instance shall not preclude the enforcement thereof on any
future enforcements.
15. Entire Agreement.
This Agreement, and any amendments, and any other legal notices and policies on
this website constitute the entire Agreement between You and US concerning the
use of this website and the Content.
16. Amendments.
WE retain the right to amend this Agreement upon notice to YOU. Continued use of
the Services after YOU become aware of any such changes will constitute YOUR
consent to the changes.
I HAVE READ AND FULLY UNDERSTOOD THE TERMS PROVIDED HEREIN,
AND I AM SIGNING THIS AGREEMENT WILLINGLY AND VOLUNTARILY. BY
SIGNING HEREOF, I INTEND TO ISSUE A COMPLETE AND UNCONDITIONAL
RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE
LAW.
Signature of __________________: ________________________
Name: __________________________
Date: ___________________________
Email Address: __________________
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