Personal Training Agreement and Liability Waiver
This Personal Training Agreement (this “Agreement”) is between Adele Jones (“The Program”) and the business/client (“Member”) identified by agreeing to the Terms of Service during the payment process.
Section 1. Assumption of Risk, Release, and Waiver of Liability; Indemnity
Member knows, understands, and appreciates the risks of entry upon and use of fitness facilities and equipment, including but not limited to loss of or damage to personal property, serious or catastrophic personal injuries and death. Member confirms that he/she is voluntarily participating in The Program’s fitness activities and entering upon and using the designated facility and fitness equipment, and Member hereby expressly assumes all risk that he/she may suffer personal, bodily, or mental injury or death, economic loss or damage as a result of his/her entry upon or use of The Program’s facilities and equipment or participation in The Program’s activities. Member acknowledges and agrees that he/she is solely responsible for his/her safe and responsible entry upon and use of The Program’s designated facilities and equipment, whether or not supervised by The Program’s representatives. Member (Member Parties) hereby releases and discharges The Program, Adele Jones, including its affiliated organizations, owners, partners, and employees (“the Program Parties”) from any and all claims, causes of action or liability for any damages to or loss of property, injuries or death Member may suffer in or about The Program’s activities, resulting from Member’s participation in The Program activities, entry upon or use of The Program’s designated facilities or equipment, whether or not the same arises out of or results from any act, omission or conduct of any of The Program Parties, negligence or otherwise. In addition, Member agrees to hold harmless, indemnify, and defend The Program Parties from all claims, demands, causes of action or liability for any loss, damage, or injury to persons or property arising from or relating to Member Parties’ entry upon or use of The Program’s designated facilities or equipment or participation in The Program activities including without limitation attorney’s fees, expenses, costs and all consequential damages, whether or not resulting from any act, omission or conduct of any of The Program Parties.
MEMBER/BUSINESS ACKNOWLEDGES THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND IS AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY AND THAT MEMBER/BUSINESS IS GIVING UP SUBSTANTIAL RIGHTS, INCLUDING HIS/HER RIGHT TO SUE. MEMBER/BUSINESS IS AGREEING TO THESE TERMS UNDER HIS/HER OWN FREE WILL AND INTENDS FOR THE INTERNET VERIFICATION TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAW.
Section 2. Arbitration
Member/Business agrees to resolve any and all claims, disputes or controversies arising out of or relating to membership with The Program exclusively by final and binding arbitration using the American Arbitration Association’s (AAA) Commercial Arbitration Rules. This includes, but is not limited to, claims related to fee disputes, personal injury and any other claim, which may be asserted under the law of contract and/or law of tort and/or asserting a public policy or Constitutional claim. The laws of state of California shall govern dispute.
Terms of Service Agreement
Welcome to your In Person Coaching Program hosted by Adele Jones. I want your training experience to be fun, rewarding, and beneficial for your health and fitness. Please read the following policies carefully and feel free to contact me about any questions you may have.
Payment for services: All payments must be made in full, prior to the upcoming month of training. You will be charged the day you submit payment, and again for proceeding months. (If this is a one time payment, you will not be charged again.) Your monthly training subscription will continue until you choose to cancel. You can easily cancel anytime by emailing fitwithadele@gmail.com. Upon payment, you will be receipted. Personal trainers are not permitted to accept any type of payment without producing a receipt.
Form of payment: The In-Person Coaching Program service fees are paid for by credit card, via secure online portal. A receipt of purchase will be provided. No refunds will be issued once payment has been submitted. Any program cancellation requires 7 day written notice.
Privacy Policy: I do not collect financial information via www.adelecjones.com. A third party www.moonclerk.com is used to securely process your payment information. Please visit their site for questions about data collection. Any of your information that I do have as a consequence of working with you (ex: phone number, address, or email) is necessary to render Services and will not be sold or shared for any reason unless required by law. I do not use cookies on my website, however it is hosted by www.squarespace.com and any questions on data collection can be found on their website.
Cancellation Policy: Please advice that cancellations made within 24 hours prior to time of session will result in the forfeit of the session. Cancellations made prior to the 24 hour window will NOT result in forfeit of the session and payment will be postponed.
COVID-19 Acknowledgment
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing and wearing a mask. I further acknowledge that Adele Jones has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19 by way of his vaccination and mask wearing (per request) during the training session.
I further acknowledge that Adele Jones cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, friends, clients and their families.
I voluntarily seek services provided by Adele Jones and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Adele Jones harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act, or that may otherwise arise in any way in connection with any services received from Adele Jones. I understand that this release discharges Adele Jones from any liability or claim that I, my heirs, or any personal representatives may have against him with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Adele Jones. This liability waiver and release extends to Adele Jones together with all owners, partners, and employers.