Terms of Service/Purchase Agreement

In order to maximize progress, it is important to follow program guidelines during supervised and (if applicable) unsupervised training days. Remember, exercise and healthy eating are EQUALLY important!

Commitment: All packages must be used within six months from the date of purchase.  By purchasing Sessions, Client is making a commitment to their health.  Clients should follow the program and instructions of Trainer to the best of their ability to maximize their results and better achieve their goals.  Remember, the ultimate results are up to the Client: Trainer will show Client how to work Client’s muscles correctly and encourage client to go to their safe limit, but Client is the only one who can make sure Client works out consistently, eats properly, gets plenty of sleep and lives a healthy lifestyle.

Specifics: Trainer and Client shall agree upon the time, program type, content and location of personal training sessions (“Sessions”) at the rate set forth on the attached rate sheet and detailed below.

Length of Sessions:  Sessions will last approximately sixty (60) minutes;  Trainer may opt to vary the length of sessions at her discretion

Punctuality: Client shall be attired as discussed below and ready to train at the time specified in paragraph 2.  Failure to be prepared to train may result in a shortened workout or possible cancellation of the Session under paragraph eight (8) below if Client is more than fifteen (15) minutes late.  If Client anticipates running late, he/she should contact Trainer as soon as possible.

Attire: Client must wear comfortable workout attire, including but not limited to, clean t-shirts, shorts, tights, sweats, and/or tracksuits.  Athletic shoes must be supportive and functional.  Workout gloves are optional.  Please do not hesitate to ask Trainer for advice on what type of clothing and shoes is appropriate.

Stopping Exercises: Client may refuse or stop any exercise for any reason.  It is Client’s responsibility to notify Trainer of any discomfort or pain arising from or during exercise, as well as, any and all other known limitations Client has or experiences so that Trainer may accommodate Client and substitute another exercise to work that particular muscle group.

Payment: All Sessions are to be paid IN ADVANCE unless otherwise specified and agreed to by Trainer. Sessions will not proceed until payment has been made. Payment must be completed for all Sessions before any new or renewal contract may be signed.  Trainer accepts cash or electronic payment.  All packages are non-refundable.

Cancellation of Individual Sessions: Twenty-four (24) hour cancellation notice, by email or text is required.  Any and all cancellations less than twenty-four (24) hours notice will result in forfeiture of the Session without refund. If session cancellation takes place during the twenty-four (24) hour deadline, Client will use TEXT only to notify Trainer. For sessions taking place online, Client: if the internet is not available or goes offline before/during the session, this results in forfeiture of 1 session. Trainer: If the internet is not available or goes offline before/during session and unable to gain/regain access, session will be cancelled and no session forfeiture will occur. Vacations of five days or longer, Client should inform Trainer by email only within 3 days of scheduled vacation. Rescheduling cancelled sessions is at the Trainers discretion.

Relocation: For in person sessions only; online sessions not applicable: should Client relocate Client’s residence/facility farther than twenty-five (25) miles outside Trainer’s service area, and should Trainer be unwilling to come to Clients new residence because of its distance from her service area, Trainer may cancel this contract and shall be liable for refund of one-half of the remaining balance of the unused sessions.

Death or Disability: Should Client become unable to use or receive services under this contract due to death or disability, Client or Client’s estate as the case may be shall be liable only for that portion of the charges allocable to the time prior to death or the onset of disability.  Trainer requires reasonable evidence of death, e.g. death certificate, or disability, e.g. doctor’s note, to be presented at the time of cancellation.  Reasonable evidence includes, but is not limited to a doctor’s letter about the onset of disability or death certificate.

Acknowledgement of Purchase

I through the purchase of training sessions, have agreed to participate voluntarily in a program of physical exercise, including, but not limited to , strength training, flexibility development, and aerobic exercise (“Activities”), under the guidance of personal fitness trainer, Nyree Brown (“Trainer”).

Acknowledgement of Health

I declare myself physically and mentally sound and suffer from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in training sessions or my use of Equipment (as defined below).  I acknowledge I have been informed of the need for a physician’s approval for my participation in an exercise/fitness activity or in the use of Equipment.  I recognize it is my sole responsibility to obtain an examination by a physician prior to involvement in any exercise program.  I acknowledge I have either had a physical examination and been given my physician’s permission to participate, or if I have chosen not to obtain a physician’s permission prior to beginning this exercise program with Trainer, I acknowledge I am doing so at my own risk.

Equipment

I will provide the equipment, machinery and or location to be used in connection with workouts, including, but not limited to benches, dumbbells, barbells, and similar items (“Equipment”), and if applicable, I will have control over the area in which we perform our workouts.  Trainer has not inspected my Equipment and has no knowledge of its condition.  I understand I take sole responsibility for my Equipment.  I acknowledge that my Equipment may malfunction and/or cause injuries and Changes (as defined below) and that I take sole responsibility to inspect any and all of my Equipment.  Furthermore, I take sole responsibility for any injuries or Changes Trainer sustains while using my Equipment to demonstrate an Activity, or otherwise, and agree to indemnify him for any and all medical expenses and lost wages related to the use of my Equipment.

Assumption of Risk

I understand and am aware that Activities, including the use of Equipment, are potentially hazardous activities.  I acknowledge the possibility that injuries and physical and mental changes (“Injuries and Changes”) arising during and/or resulting from engaging in Activities does exist.  Injuries and Changes include, but are not limited to, abnormal blood pressure, fainting, disorders in heartbeat, heart attack, and, in some instances, death.  I understand injuries and Changes could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.  

I am voluntarily participating in Activities and using Equipment with knowledge of the dangers involved.  I understand and take sole responsibility for any and all Injuries and changes that may occur to myself and/or others, including but not limited to Trainer, related to any and all Activities associated with Trainer’s instruction, even if not specifically set forth in the document, whether or not they fall within the scope of reasonably foreseeable injuries related to such Activities, and whether or not undertaken in Trainer’s presence.  Although Trainer will take precautions to ensure my safety, I expressly assume and accept sole responsibility for my safety and for any and all Injuries and changes that may occur.

Waiver and Release of Liability

In consideration of Trainer’s agreement to instruct, assist, and train me, I hereby agree to hold harmless Trainer, its respective representatives, executors, agents and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to my participation in any and all Activities, use of Equipment, or any and all acts or omissions, including negligence by Trainer and her representatives.  This waiver and release of liability includes, but is not limited to,(a) Injuries and Changes to myself and/or others, including, but is not limited to Trainer, that may occur as a result of (i) Equipment that may malfunction or break, (ii) any and all slips falls, or dropping of Equipment; (iv) any and all improper maintenance of Equipment or facilities; (v) any hazardous condition that may exist on the premises, including, but not limited to , the specific workout area; and (vi) Trainer’s negligent instruction or supervision; (b) damage to property, including but not limited to, Equipment and the premises.

I acknowledge and agree no warranties or representations have been made to me regarding the results I will achieve from this program.  I understand results are individual and may vary.

I acknowledge I have thoroughly read this waiver and release and fully understand it is a waiver and release of liability.  By signing this document, I am waiving any right I or my heirs and/or assigns, may have to bring any and all legal actions or assert and all claims against Trainer, its respective representatives, executors, and/or assigns.

I represent and warrant I am signing this agreement freely and willfully and not under fraud or duress.  I further represent and warrant no social relationship exists between Trainer and me, or if such a social relationship exists, for purposes of my training sessions, Trainer and I have assumed a strict business relationship and I understand any social relationship does not render this waiver invalid.  These exculpatory clauses are intended to apply to any and all activities occurring during the time for which I have contracted with Trainer.