Terms and Conditions
Terms and Conditions Agreement between User and www.transfitnation.com
Welcome to www.transfitnation.com. The www.transfitnation.com website (the “Site”) is comprised of various web pages operated by Transfitnation, LLC. (the “Company”). www.transfitnation.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.transfitnation.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.transfitnation.com is the company website for Transfitnation, LLC. This web site contains information about the products and services provided by the Company. This website also includes a blog and resources related to fitness, healthy eating and overall health.
For people of all fitness levels who want lose weight, tone up, get stronger, eliminate joint pain, and improve their overall health. TRANSFITNATION provides in-home personal training across Long Island that helps you overcome any obstacle by transforming your mind, body and health. We create a unique exercise experience where you will learn to eat and move better, as you form new healthy habits that will last a lifetime.
MEDICAL DISCLAIMER: THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
All content, including graphics, information, images, text, and hyperlinks contained on and accessible through this site is for general information purposes only. The information contained on this site is not intended or implied to be a substitute for professional medical advice, treatment or diagnosis. Transfitnation, LLC makes no representation and assumes no responsibility for the accuracy of the information contained on or made accessible through this site, and such information is subject to change without notice. We encourage you to consult your doctor and discuss all medical questions with your doctor before making any changes to your diet, exercise and/or lifestyle. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING TREATMENT BASED ON INFORMATION YOU HAVE READ OR ACCESSED THROUGH THIS SITE.
Visiting www.transfitnation.com or sending emails to Transfitnation, LLC. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Sending/receiving a phone call, sms, and/or text message to/from our company phone numbers, including 631-352-0017 constitutes electronic communications. By providing your phone number on our website forms and/or contacting us at our company phone number, you consent to receive electronic communications in the form of sms, text messages and/or phone calls. We will never SPAM you or sell your number. You may receive messages from us to communicate about personal training, for scheduling purposes, or to let you know about specials that are available. You agree that Tranfitnation, LLC has permission to contact you until this permission is removed. To remove your phone number from our calling list, please message us at +1-631-352-0017 and write “OPT-OUT” or “Please remove me from your calling list.” After receiving your message, your number will be removed from our calling list and you will not be contacted again until we receive your permission.
Children Under Thirteen
Transfitnation, LLC. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.transfitnation.com only with permission of a parent or guardian.
No refunds will be given and live training sessions are non-transferrable. In order to cancel recurring payments for live training, a member may cancel their recurring payment agreement after the end of the initial term with a fifteen (15) day written notice delivered to Transfitnation, LLC before the next payment due date to stop the next billing cycle. Freeze or cancel requests for can be submitted at https://transfitnation.com/change-request-form or by certified mail to 20 Gilbert Ave. Suite 201 Smithtown, NY 11787 USA. Online training program subscriptions, including but not limited to the Complete, Balance+, and Accelerate++ Transformation Programs, are billed as subscriptions at a 4-week term and can be cancelled or frozen with 48 hours written notice. All cancellation requests for online training program subscriptions must be emailed to Transfitnation at [email protected] and include the subscriber’s First Name, Last Name and Email Address that is registered to the subscription account. Please contact us at [email protected] with any questions.
Links to Third Party Sites/Third Party Services
www.transfitnation.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Transfitnation, LLC. and Transfitnation, LLC. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Transfitnation, LLC. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Transfitnation, LLC. of the site or any association with its operators.
Certain services made available via www.transfitnation.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.transfitnation.com domain, you hereby acknowledge and consent that Transfitnation, LLC. may share such information and data with any third party with whom Transfitnation, LLC. has a contractual relationship to provide the requested product, service or functionality on behalf of www.transfitnation.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Transfitnation, LLC. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Transfitnation, LLC. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Transfitnation, LLC. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Transfitnation, LLC. or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Transfitnation, LLC. has no obligation to monitor the Communication Services. However, Transfitnation, LLC. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Transfitnation, LLC. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Transfitnation, LLC. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Transfitnation, LLC.’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Transfitnation, LLC. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Transfitnation, LLC. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Transfitnation, LLC. spokespersons, and their views do not necessarily reflect those of Transfitnation, LLC..
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.transfitnation.com or Posted on Any Transfitnation, LLC. Web Page
Transfitnation, LLC. does not claim ownership of the materials you provide to www.transfitnation.com (including feedback and suggestions) or post, upload, input or submit to any Transfitnation, LLC. Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Transfitnation, LLC., our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Transfitnation, LLC. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Transfitnation, LLC.’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Transfitnation, LLC. account to third party accounts. By connecting your Transfitnation, LLC. account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Transfitnation, LLC. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Transfitnation, LLC. Content accessed through www.transfitnation.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Transfitnation, LLC., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Transfitnation, LLC. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Transfitnation, LLC. in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Transfitnation, LLC. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRANSFITNATION, LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TRANSFITNATION, LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRANSFITNATION, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
No express or implied warranty (whether of merchantability, fitness for a particular purpose, business outcomes or results, or otherwise) or other guarantee is made as to the accuracy or completeness, implied or actual, of any of the information or content contained in any of the content available through the www.transfitnation.com web site or otherwise provided by Transfitnation, LLC. or any of its partners or affiliates.
No responsibility is accepted and all responsibility is hereby disclaimed for any loss or damage suffered as a result of the use or misuse of any information or content or any reliance thereon. It is the explicit responsibility of all users of this website to satisfy themselves as to the medical and physical condition of themselves in determining whether or not to use or adapt the information or content provided in each circumstance. It is the explicit responsibility of all users of this website to satisfy themselves as to the merits and effectiveness of any content provided on this website and it is the users sole and exclusive responsibility to establish the suitability of the content for their own use. Notwithstanding the medical or physical condition of each user and/or their assessment of the usability of any of the content, no responsibility or liability is accepted and all responsibility and liability is hereby disclaimed for any loss or damage suffered by any person or business as a result of the use or misuse of any of the information or content in this website, and any and all liability for incidental and consequential damages is hereby expressly excluded.
Transfitnation, LLC. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Transfitnation, LLC. as a result of this agreement or use of the Site. Transfitnation, LLC.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Transfitnation, LLC.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Transfitnation, LLC. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Transfitnation, LLC. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Transfitnation, LLC. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Transfitnation, LLC. reserves the right, in its sole discretion, to change the Terms under which www.transfitnation.com is offered. The most current version of the Terms will supersede all previous versions. Transfitnation, LLC. encourages you to periodically review the Terms to stay informed of our updates.
Transfitnation, LLC. welcomes your questions or comments regarding the Terms:
20 Gilbert Ave. Suite 201 Smithtown, NY 11787
Email Address: [email protected]
Telephone number: 631-352-0017
PERSONAL TRAINING AGREEMENT
This Personal Training Agreement, (hereinafter, the Agreement) is made and entered into on this Signature Date (the date this agreement is accepted), by and between TRANSFITNATION, LLC at 20 Gilbert Ave. Suite 201 Smithtown, NY 11787 (hereinafter, the Company) and the Account Holder/Signator of this agreement (Client) (hereinafter, the Client). The Company and the Client are sometimes collectively referred to in this Agreement as the Parties.
The parties hereby agree to the following terms and conditions:
1. GENERAL TERMS
Client acknowledges that the client is Agreementing for the services a Trainer (hereinafter, the Trainer) provided by TRANSFITNATION, LLC.
Trainer will design a tailored exercise program for the Client that reflects the client’s objectives, fitness level, and experience. A different trainer may be assigned to the Client at any time upon the sole discretion of TRANSFITNATION, LLC.
Online Training Programs are available for clients to access via the Transfitnation App and web portal (accessible via the Online Training Member Login page on www.transfitnation.com). Online Training Programs include the Complete Transformation Program, Balance+ Transformation Program, and Accelerate++ Transformation Program (hereinafter the Training Programs). The Training Programs include habit coaching, custom workout programs, meal tracking, and in-app messaging with a Trainer. Before beginning a Training Program, the Client must have received full medical clearance from their doctor and complete an intake questionnaire with questions about their medical history, eating and exercise habits, fitness level, and fitness goals.
Live training sessions (hereinafter the Training session) can take place virtually (online via video chat) and/or in-person (at the Smithtown Training Studio- 20 Gilbert Ave. Suite 201 Smithtown, NY 11787 – or another location determined by
the Company). Live training sessions, which vary by type and duration, include: Solo-Training Sessions (One client, private one-on-one session), Partner-Training Sessions (Two clients train together), Small Group Training Sessions (up to 4 clients train together) and Large Group-Training Sessions (5 or more clients train together). Each Training Session shall last thirty (30), forty-five (45), or sixty (60) minutes. Training sessions may take place at a location determined by the Company, including but not limited to the following locations: Virtually (online video chat), the Client’s Address, a location rented by TRANSFITNATION, LLC. (including 20 Gilbert Avenue, Suite 201, Smithtown, NY 11787) or another location determined by the Company.
Client has read and executed the Full Disclosure of Physical Conditions/ Informed Consent and Assumption of Risk, and Release of Liability form, which is attached hereto and incorporated into this agreement as if fully set forth herein.
3. TRAINING PACKAGES AND PAYMENTS
Live training packages includes various exercise programs involving various activities. Activities shall mean the following: testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery, and cardiovascular machines; stretching; weight lifting; and any other training activities, techniques, and/or exercises.
If the Client purchases a Training Package, payment for the term selected is due in full prior to the commencement of of the first Training Session.
If the Client purchases one Training Session at a time, payment per Training Session is due in full prior to the commencement of each Training Session.
Any Training Session not used within 180 days of the Purchase Date for any Training Package shall be forfeited. The Client shall not be entitled to a refund of the cost for any Training Session not used within 180 days.
The amounts payable per Training Session may be adjusted at the sole discretion of the Trainer, at any time. The Client waives notice of any such adjustments to the amounts payable per Training Session.
For in-home training: If the Client moves more than 5 miles from their current Address and is still living within Suffolk County or Nassau County, N.Y., the Client agrees to pay a surcharge of $1/each additional mile (over 5 miles) for each Training Session (calculated from 20 Gilbert Ave. Suite 201, Smithtown, NY 11787) at their new address. If the Client moves outside of Suffolk County and Nassau County, the Client will forfeit all remaining training sessions and any active recurring training agreements will be terminated upon written notice to the Company and proof of the Client’s change of address. In-person live training is only available to clients in Suffolk County, NY and Nassau County, NY. Virtual (online video chat) live training is available to clients in the United States of America.
The Client will be charged (with one session will be deducted from their account) for a cancelled appointment unless the Client notifies TRANSFITNATION, LLC of such cancellation at least 24 hours prior to the scheduled time. If the Client is more than 15 minutes late for an appointment, the lost time will be forfeited and charged for that Training Session as if the Client had been present. Partner Transformation & Group Transformation sessions require that all clients who signed up together attend each session together – if one or more client if missing from the scheduled session for any reason, all clients will be deducted one session from their account as if they were present for the session.
Should the Client purchase additional Training Sessions both the Client and the Trainer agree that this Agreement shall remain in full force and effect, and continue to govern the rights and liabilities of the Parties, except as to the amount payable per such additional Training Session, if different from the amount stated above, or unless the Parties execute a new Agreement.
4. WAIVER AND INDEMNITY
The Client agrees to indemnify the Trainer and the Company for any injuries, illnesses, or expenses from the Clients participation, especially if the Client has neglected to disclose a known medical condition or similar information that might affect the Clients ability to participate in the Fitness Program. The client agrees to indemnify the Trainer and the Company for any personal property damages that may occur before, during or after the Training session.
5. TERMINATION OF AGREEMENT
The Parties shall have the right to terminate this Agreement upon thirty (30) days advance written notice of termination to the other party.
6. EFFECT OF TERMINATION
In the event the Client terminates this Agreement, the Trainer shall retain all payments made for all unused Training Sessions or packages. In the event the Trainer terminates this Agreement, the Trainer shall refund to the Client all payments made for unused portions of Training Sessions or packages.
7. ENTIRE AGREEMENT
This Agreement (including the Full Disclosure of Physical Conditions/Informed Consent and Assumption of the Risk and Release of Liability) constitutes the entire agreement of the Parties, and supersedes any and all previous understanding, agreements, arrangements, or discussions, written or oral, between the Parties relating hereto. There are no collateral agreements, representations, or guarantees, oral or otherwise unless attached hereto and signed by both Parties.
There are no warranties either expressed or implied in this Agreement that are not expressly contained in this Agreement.
9. APPLICABLE LAW.
This Agreement shall be governed by the laws of the State of New York.
This Agreement shall be signed on behalf of TRANSFITNATION, LLC by Steven Dell’Amore, its Owner/Trainer and by the Client (Account Holder/Signator of this agreement). This Agreement is effective as of the date that it is signed and/or agreed upon.
A copy of this signed agreement will be provided upon written request.
Any Client under the age of 18 must have a parent or legal guardian sign this Agreement.
FULL DISCLOSURE OF PHYSICAL CONDITIONS / INFORMED CONSENT AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY
This Full Disclosure of Physical Conditions/Informed Consent and Assumption of Risk, and Release of Liability is executed on this Signature Date (listed
below) and is a material part of, and is incorporated by reference into the Personal Training Agreement executed by the Client.
I, the Client, voluntarily enrolled in a fitness program or consented to fitness testing offered by TRANSFITNATION, LLC. I recognize that the program may involve strenuous physical activity including, but not limited to exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training
activities, techniques, and/or exercises.
1. I certify that I am physically sound and suffering from no condition, impairment, disease, infirmity, or illness that would prevent my participation in the Activities under this Agreement, except as hereinafter stated.
2. I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning this fitness program, I hereby agree that I am doing so voluntarily and solely at my own risk. I understand that it is my sole responsibility to participate in exercises that are appropriate for the current status of my health. If I have any questions or concerns about whether or not a particular activity is appropriate to my current health status, I understand it is my responsibility to ask my doctor if this activity is appropriate before I participate in such activity.
3. I certify that TRANSFITNATION, LLC and/or the Trainer has recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise, and use of exercise and training equipment so that I may have knowledge that I have either (a) been given permission by my physician to participate, or (b) that I have decided to participate in the Activities under this Agreement without the approval of his physician.
4. I expressly assume all responsibility for my participation in the Activities under this Agreement. I understand that if I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my Trainer.
5. I understand that the results of any fitness program cannot be guaranteed and my progress depends on my own effort and cooperation inside and outside of the sessions.
6. I CERTIFY THAT I HAVE GIVEN TO THE COMPANY AND/OR THE TRAINER FULL AND COMPLETE DISCLOSURE OF ALL MY PHYSICAL CONDITIONS, IMPAIRMENTS, DISEASES, INFIRMITIES OR ILLNESSES THAT MIGHT AFFECT OR PREVENT MY PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT. I REPRESENT THAT I HAVE NO CONGENITAL, PHYSICAL, OR MENTAL HEALTH PROBLEMS, NO UNDERLYING CARDIOVASCULAR, NEUROLOGICAL, OR ANY ILLNESS, OR CONDITION WHICH MIGHT AFFECT OR PREVENT MY PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT.
INFORMED CONSENT AND ASSUMPTION OF RISK
1. I am entering into this Agreement with full knowledge of all the risks and benefits associated with the Activities under this Agreement. I certify that I am of a legal age to enter into an Agreement, and I am not mentally incapacitated. I certify that I am entering into this Agreement without duress, undue influence, and for valuable consideration.
2. I certify that I understand the risks associated with participation in the Activities under this Agreement including, but not limited to physical injury resulting from the acts, omissions, and/or negligence of others. I certify that I know and fully understand the importance and relevance of all the risks, and expressly and voluntarily assume any and all risks associated with my participation in the Activities under this Agreement, including but not limited to the activities of training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercises. Further, I expressly and voluntarily assume any and all risk associated with my participation in the Activities under this Agreement, including but not limited to the risks of dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm), and/or any other physical injury, due to any cause whatsoever.
RELEASE OF LIABILITY
1. I certify that I voluntarily agree to participate in the Activities under this Agreement, including but not limited to the activities of training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercise. I further agree to follow all rules set forth by TRANSFITNATION, LLC.
2. In consideration of the privilege of participating in the Activities under this Agreement, and the training services provided by TRANSFITNATION, LLC and its Trainers, I for myself, my heirs, assigns, administrators, executors, and/or all members of my family, including minors, waives, agrees to indemnify, releases, hold harmless and forever discharge TRANSFITNATION, LLC, its successors in interest, assigns, servants, agents, employees, independent Agreementors, associates, officers, directors, officials and any other participants in the Activities under this Agreement, from any and all responsibility, liability, claims
and demands of any kind and nature, damages, actions, causes of action of any kind, whether now known or unknown, or which I may have now, or which may hereafter accrue to me (collectively, the Claims), including but not limited to Claims based upon or related to dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm); and/or any other physical injury and/or personal property damage, due to any cause whatsoever, including the act or omission, negligence or any other fault of TRANSFITNATION, LLC, its successors in interest, assigns, servants, agents, employees, independent Agreementors, associates, officers, directors, officials and any other participants in the Activities under this Agreement.
I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS DOCUMENT IN ITS ENTIRETY AND FULLY UNDERSTAND IT. I UNDERSTAND THAT IT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INFORMED CONSENT. BY SIGNING THIS DOCUMENT, I AM WAIVING CERTAIN RIGHTS THAT I AND/OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST TRANSFITNATION, LLC.
By selecting the checkbox “I have read and accept the terms & conditions…” and clicking “Place Order” on the checkout page, I acknowledge and accept that this is the equivalent of my electronic signature. I agree that my electronic signature is the legally binding equivalent to my handwritten signature.
I acknowledge Transfitnation, LLC will use my electronic signature to act on my behalf.
A copy of this signed agreement will be provided upon written request.
Any Client under the age of 18 must have a parent or legal guardian sign this waiver.
Effective as of August 4, 2020