By signing this document you confirm that the information in this form is comprehensive and complete and you understand and agree that the recommendations that will be made in relation to your nutrition and exercise regiment, will be based on the information provided. Should any of the details on this document change, you will need to update us so that we may make any necessary changes to your training or nutrition.
By utilizing AP- Elite services, you acknowledge that meal plans issued are not aimed to diagnose, treat, prescribe or cure any medical conditions. The meal plans issued are to guide and provide advice to compliment and support your fitness goals solely. By signing below, you acknowledge that you understand that AP- Elite meal plans are recommendations and advice only and that you should seek the advice of a registered dietician or doctor if you feel you have a medical condition to diagnose, prescribe or treat any nutritional based issues.
General Statement of Program Objectives and procedures:
I understand that this personal training program may include exercises to build the cardiorespiratory system (heart and lungs), the musculoskeletal system, (which involves muscular endurance, strength and overall flexibility), and to improve body composition (increasing muscle and bone density and decreasing body fat). Exercise includes aerobic activities, such as walking, running, bicycle riding, rowing machine, group aerobics, swimming and other aerobic activities, weight lifting using dumbbells, machines and other equipment to improve muscular strength and endurance, as well as flexibility exercises to improve range of motion.
Description of Potential Risks:
I understand that the reaction of the heart, lung, blood vessels as well as other systems to exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during the following exercise, which include abnormalities of blood pressure or heart attacks as well as other side effects. Use of weight lifting equipment, and engaging in heavy body calisthenics may lead to musculoskeletal strains, pain and injury if adequate warm-up, gradual progression, and safety procedures are not consistently followed. I understand that personal trainer (seller) shall not be liable for any damages arising from personal injuries sustained by client (buyer) while and during and/or from a personal training program does so at his/her own risk. Client (buyer) assumes full responsibilities for any injuries or damages which may occur during and/or after training. I hereby fully and forever release and discharge personal trainer (seller), its assigns and agents from all claims, demands, damages, rights of action, present and future therein. I understand and warrant, release and agree that I am in good physical condition and that I have no disability, impairment or ailment preventing me from engaging in active or passive exercise that will be detrimental to heart, safety, or comfort, or physical condition if I engage or participate (other than those items fully discussed on the health history form). I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
I am fully aware of the risks and hazards connected with physical activities and exercise in general, and I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to me. I voluntarily assume full responsibility for any risks of loss or personal injury, including death, that may be sustained by me, as a result of being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF AP-Elite or otherwise, to the fullest extent allowed by law.
Description of Potential Benefits:
I understand that a program of regular exercise for the heart, lungs, muscles and joints has many benefits associated with it. These may include a decrease in body fat, improvement in blood fats and blood pressure, improvement in physiological function and decrease in heart disease. I have read the foregoing information and understand it. Any questions, which may have occurred, have been answered to my satisfaction.
Payment:
Payment is due in full at the time of commencement of the program. In the event that payment is not received in full at the commencement of the program, due to an arrangement between us and you, then all payments must be received as agreed upon in your payment plan. Any unpaid balances will incur a 10% late fee if not paid within 5 days of their due date.
Refund Policy:
Your custom program in non-refundable. A great deal of work, time, and resources go into the initial planning and design of your custom programs. If you fall ill/ injured, your program will be put on pause for up to 180-days, after which point your program will be deemed to be completed in the event you do not return
Money Back Guarantee:
Our goal is to give you results, but results require effort on both of our ends. To receive a money back guarantee, you must stick to your outlined program for at least 6 weeks. This includes participating in all weekly consulting calls with your dedicated success coach and following our guidance regarding exercise and diet for at least 6 weeks. If at the 7-week mark, you are unsatisfied with the program results, and the program did not result in a physical change, a full-refund will be issued. To be eligible for the refund, you must fully participate in the program prior to the termination date. Full participation includes but is not limited to:
Measurements and weight must be uploaded weekly for assessment
Must submit weekly feedback form
Must attend ALL weekly check- in calls with Success coach
Client agrees not to request, advise, file a claim, or seek Client’s bank or credit card company for a chargeback for consideration paid under this Agreement. Client agrees to waive any rights Client may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Client’s credit card issuer’s procedures for resolving such disputes). Client agrees that any disputes that Client may have with respect to consideration paid hereunder must be addressed directly between Client and AP- Elite LLC.
If a chargeback occurs, Client shall have materially breached the Agreement and shall forfeit all remaining services that have not yet been performed under the Agreement. AP- Elite LLC shall have no further obligation to Client. Further, the amount of the chargeback shall be subject to a finance charge in the amount of one- and one-half percent (1 ½%) per month until paid in full by Client. Further, AP- Elite shall be entitled to recover from Client all damages, and reasonable and necessary attorneys’ fees, and costs associated with pursuing collection and/or recovery of the amount of the chargeback.
Payment Plan Authorization:
If the Client has been granted a payment plan for the services rendered, they hereby authorize AP- Elite LLC to automatically deduct the additional payments from the same credit card used for the initial payment. By signing this contract, the Client gives explicit permission for AP- Elite LLC to process these subsequent payments using the provided credit card details.
This authorization ensures a smooth and hassle-free payment process for both parties, allowing the Client to fulfill their financial commitment without the need for manual payment arrangements. AP- Elite LLC will maintain the utmost security and confidentiality in handling the credit card information and will only use it for the specified purpose as described in this contract.
By signing below, the Client acknowledges and agrees to the automatic deductions for the agreed-upon payment plan and affirms that they have read and understood the terms of this authorization.
Disclaimer:
AP-Elite fitness does not employee physicians or dieticians. None of the fitness consultants providing services related to the program will be a physician or a licensed dietician. The advice provided as part of the program is a reflection of what has worked with other clients and is based on real life experiences of our trainers. Results are not guaranteed. Each client will experience weight loss and fitness gains unique from other clients. We are here to guide you on your fitness journey, to act as a form of accountability and to provide you with support and assistance in creating a roadmap for long-term success.
Indemnification and Hold Harmless:
I agree to indemnify and hold AP-Elite, its affiliates and contractors harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney's fees brought as a result of my involvement with the program and to reimburse them for any such expenses incurred.
Severability:
The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the State of Wyoming, or any other applicable jurisdiction, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding:
I have read this waiver of liability, the assumption of risk, and indemnity agreement, terms of the program and fully understand the terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing freely and voluntarily, I represent that I have provided factually accurate information, and intend by my signature to bring about a complete and unconditional release of all liability to the greatest extent allowed by law.
Attorney’s Fees:
In the event of breach of this agreement, including any of the payment terms, by Client, AP-Elite shall be entitled to reimbursement of all of its costs and expenses, including reasonable attorneys’ fees, incurred in connection with such dispute, claim or litigation, including any appeal thereof.
Miscellaneous:
This agreement, including any other documents specifically incorporated by reference, sets forth the entire agreement between Ap-Elite and client with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. The waiver by either party hereto of any breach of the terms and conditions hereof will not be considered a modification of any provision, nor shall such a waiver act to bar the enforcement of the subsequent breach.