4. Following the execution of this Agreement, the Coach will prepare the above selected personalized program for the Client in accordance with representations made by the Client to the Coach about the Client’s fitness capabilities, activity level, fitness preferences, present and past injuries, and present and past medical conditions.
5. For the duration of their program, the Client may schedule with the Coach a fifteen minute check-in call every fourteen days (the “Check-in”). During the Check-in, the Coach may:
(a) review fitness progress that the Client has made by engaging the Services;
(b) identify areas of improvement in the Client’s strength since engaging the
Services; and
(c) demonstrate exercises the Client has been instructed to Complete pursuant to the Services.
6. The Client may communicate with the Coach about their program through
communication methods specified by the Coach.
7. The Coach will respond to communications from the Client between 7 a.m. and 7 p.m. Pacific Standard Time daily from Monday to Saturday.
8. The Client will not share the contents of any of the programs created for the Client as described in section 3 of this Agreement with any other individual. Should the Client share the contents of their personalized program from Lift (To Run) Stronger with another individual, whether verbal, electronic, or otherwise, the Coach reserves the right to terminate this Agreement without refunding any payments made to the Coach and Lift (To Run) Stronger by the Client.
PAYMENT
9. The Client will pay the Coach in full in an amount specified by the Client’s selection in section 3 of this Agreement (the “Payment”), upon execution of this Agreement.
10. This Agreement will only come into force when the Coach processes the Payment. This Agreement is void if the Payment declines and the parties to this Agreement will have no further obligations under it.
11. The Coach will not refund the Payment to the Client under any circumstances.
12. In executing this Agreement and making the Payment, the Client acknowledges that the Payment is necessary for this Agreement to come into force and that the Payment is non-refundable.
REPRESENTATIONS AND WARRANTIES
13. The Client represents and warrants that he or she has completed a fifteen minute intake call with the Coach (the “Intake Call”) where the Client has explained to the Coach (collectively, the “Information”):
(a) the Client’s current experience with strength training, including but not
limited to weight room exercises, home workouts, and strength classes;
(b) the Client’s current daily physical activity level, including but not limited to lifestyle and daily movement, weekly running mileage, and other physical
activity and its frequency completed by the Client on a weekly basis;
(c) any and all limitations that the Client has or may have regarding his or her
ability to strength train with weights or otherwise, including but not limited to
mental and physical disabilities, illness, long-term injury, past or upcoming
surgeries and medical procedures, or medication use;
(d) their aims in obtaining the Services;
(e) any time constraints the Client may have while engaging the Services; and
(f) any other relevant information regarding the Client’s health and fitness
abilities and limitations thereof.
14. The Client represents and warrants that the Information the Client provided to the Coach during the Intake Call is truthful and accurate.
15. The Client represents and warrants that he/she has filled out the Lift (To Run) Stronger intake form and that his or her responses in this intake form are truthful and accurate.
16. The Client represents and warrants that he/she has filled out the Physical Activity Readiness Questionnaire for Everyone (“PAR-Q+”) form and submitted it to the Coach.
17. The Client represents and warrants that his or her responses in the PAR-Q+ form are truthful and accurate.
ENTIRE AGREEMENT
18. This Agreement constitutes the entire, final, and complete agreement between the Coach and the Client with respect to the subject matter hereof.
19. The Coach makes no representations and warranties to the Client outside of this Agreement.
20. No communication between the parties, whether written, oral, electronic, or otherwise, shall supersede or vary the terms of this Agreement.
ASSUMPTION OF RISK AND WAIVER OF LIABILITY
21. The Client releases Victoria Cirone and Lift (To Run) Stronger of liability and hereby waives as against Victoria Cirone and Lift (To Run) Stronger and each of their respective agents, heirs, executors, administrators, successors, legal representatives, insurers, and assigns from any and all existing recourses, proceedings claims, and causes of action of any kind whatsoever, in respect of any and all personal injuries or property losses which the Client may suffer arising out of or connected with the Client’s preparation for, or participation in personal training services offered by Victoria Cirone and Lift (To Run) Stronger under this Agreement.
22. The Client acknowledges and agrees that engaging the services of a personal trainer, including the services of Victoria Cirone and Lift (To Run) Stronger under this
Agreement, may be dangerous, exposing participants to many risks and hazards, some of which are inherent in the very nature of physical exercise itself, others which result from human error and negligence surrounding the use of physical exercise equipment.
23. As a result of the aforesaid risks and hazards, the Client acknowledges that he or she may suffer serious personal injury, even death, as well as property loss. The Client furthe acknowledges that the aforesaid risks and hazards consist of both foreseeable and non-foreseeable risks.
24. The Client freely and voluntarily assumes all aforesaid risks and hazards and that
engaging the services of Victoria Cirone and Lift (To Run) Stronger through execution of this Agreement and does so entirely at his or her own risk.
25. The Client understands that Victoria Cirone and Lift (To Run) Stronger do not assume any responsibility whatsoever for his or her safety during the course of his or her preparation for or participation in the services offered by Victoria Cirone and Lift (To Run) Stronger under this Agreement.
26. In executing this Agreement, the Client affirms his or her understanding that he or she will FOREVER BE PREVENTED FROM SUING OR OTHERWISE CLAIMING
against Victoria Cirone and Lift (To Run) Stronger and each of their respective agents,
heirs, executors, administrators, successors, legal representatives, insurers, and assigns for any loss or damage connected with any property loss or personal injury that he or she may sustain while participating in or preparing for the services offered by Victoria Cirone and Lift (To Run) Stronger under this Agreement, whether or not such loss or injury is caused solely or partly by the negligence of Victoria Cirone and Lift (To Run) Stronger.
27. The Client represents and warrants that he or she has been given the opportunity to and has been encouraged to seek legal advice prior to signing this Agreement.
28. This release and waiver of liability and assumption of risk under this section of this Agreement is binding on the Client, as well as his or her heirs, executors, administrators, personal representatives, and assigns.
29. The Client represents and warrants that he or she has read this Agreement carefully and fully understands same, and that he or she is freely and voluntarily executing same.