TERMS & CONDITIONS

Congratulations on your decision to improve your health by participating in a professional exercise program! Incorporating and maintaining fitness levels into your daily living and routine.

With the help of our training and programs, fat loss/lifestyle plans you will greatly improve your ability to accomplish your goals faster, safer, and with maximum benefits. The education you have at your finger can be used for a lifetime.

In order to maximize progress, it will be necessary for you to follow program guidelines during unsupervised and, if applicable, supervised training days. Remember, exercise and healthy eating are EQUALLY important!

It is recommended that all program participants work with their personal trainer for a minimum of (2-3) times per week. However, due to scheduling conflicts and financial considerations, a combination of supervised and unsupervised workouts is possible.

PERSONAL TRAINING TERMS & CONDITIONS:

1. Personal training and programs that are cancelled will result in forfeiture of that  payment and a loss of the financial investment. However you may follow the instructions to unsubscribe from any future billing or plans. 
2. Clients will receive the scheduled program(s) they have been assigned, at the discretion of the trainer and based off of each client's assessment. 
3. Client is responsible for information regarding length of program, automated billing and expiration.
4. No refunds of digital products & services will be granted for any reason, including but not limited to relocation, illness, and unused sessions.
5. CANCELLATION POLICY: Simply unsubscribe from the app or contact support for inquiries.
6. CANCELLATION FEES: Month to month programs are to be paid in full prior to the first date of service. Cancellations are subject to fees for the full month of dues owed if a client fails to give notice within two weeks of the final date of service.
   All others programs may be subject to a $50 cancellation fee and/or balance owed. Please review this agreement carefully to understand the cancellation policy and fees.
7. Can I transfer my program to another person? Personal training and/or client programs are non-transferrable, and cannot be transferred from one person to another.
8. Can I put my membership on hold? Because of the nature of our month-to-month memberships, we are only able to freeze or put memberships on hold due to medical or military purposes, as long as documentation is provided.

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

DECLARATIONS: This Agreement is entered upon purchase. The provision of services and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter a premises or use any facility or equipment on said premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.

Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment.

You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor.

You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.

INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.

ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer.

You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement.

You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

SOCIAL MEDIA RELEASE 

This Media Release Form is effective immediately, upon purchasing in which you acknowledge and agree to the terms below:

I grant permission to ASHLEY NICHOLE CPT of Beauty by Day, Booty at Night Programs to use my personal data and/or photographs in publications, both print and digital forms, including the company's website, newsletters, emails, social media posts, videos, brochures, and advertisements.

I consent to the use of my photographs by any third party (including any agency, client, publication or other organization or institution) in whole or in part, in all forms and media, for distribution to the general public for the purposes of publicity and promotion.

In giving this consent, I release ASHLEY NICHOLE CPT and all third parties from liability for any violation of any personal or proprietary right they may have in connection with any sale, reproduction or use of their photographs.

I agree to the terms & hereby certify that I am at least 18 years of age or am giving my consent as a minor or for a minor, who is of legal age to join a fitness program.