Acknowledgement of Purchase
I (the client) through the purchase of a training, exercise, and/or diet plan have agreed to participate voluntarily in a program of physical exercise, including, but not limited to, strength training, flexibility development, nutrition counseling and/or aerobic exercise (“Activities”), under the guidance of iEvolve Fitness, LLC.
I (the client) declare myself physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in training sessions or my use of Equipment (as defined below). I (the client) acknowledge I have been informed of the need for a physician’s approval for my participation in an exercise/fitness activity or in the use of Equipment. I (the client) recognize it is my sole responsibility to obtain an examination by a physician prior to involvement in any exercise program. I acknowledge I have either had a physical examination and been given my physician’s permission to participate, or if I have chosen not to obtain a physician’s permission prior to beginning this exercise program with iEvolve Fitness, LLC, I acknowledge I am doing so at my own risk.
iEvolve Fitness, LCC will not provide the equipment or machinery to be used in connection with workouts and has not inspected the Equipment used and has no knowledge of its condition. I (the client) acknowledge that although iEvolve Fitness, LCC takes precautions to ensure equipment safety, equipment may malfunction and/or cause Injuries and Changes (as defined below). I (the client) take sole responsibility to inspect any and all equipment used. Furthermore, I take sole responsibility for any Injuries or Changes sustained while using the Equipment and agree to indemnify iEvolve Fitness, LLC for any and all medical expenses and lost wages related to equipment use.
Assumption of Risk
I (the client) understand and am aware that activities, including the use of equipment, are potentially hazardous activities. I (the client) acknowledge the possibility that injuries and physical and mental changes (“Injuries and changes”) arising during and/or resulting from engaging in activities does exist. Injuries and changes include, but are not limited to, abnormal blood pressure, fainting, disorders in heartbeat, heart attack, and, in some instances, death. I understand Injuries and changes could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.
I (the client) am voluntarily participating in activities and using equipment with knowledge of the dangers involved. I (the client) understand and take sole responsibility for any and all Injuries and changes that may occur to myself and/or others, including but not limited to iEvolve Fitness, LCC, related to any and all activities associated with iEvolve Fitness, LLC instruction, even if not specifically set forth in this document, whether or not they fall within the scope of reasonably foreseeable injuries related to such activities, and whether or not undertaken in iEvolve Fitness, LCC presence. Although iEvolve Fitness, LLC will take precautions to ensure my safety, I expressly assume and accept sole responsibility for my safety and for any and all Injuries and changes that may occur.
iEvolve Fitness, LLC is not a Registered Dietitian or Physician. As such, iEvolve Fitness, LLC does not diagnose or treat disease. You (the client) should consult a Physician before undergoing any dietary or food supplement changes. Any recommendations you follow for changes in diet, including but not limited to the use of food supplements are entirely your responsibility.
In consideration of my participation in Nutrition Counseling, I (the client) hereby accept all risk to my health and of my injury or death that may result from such participation and I hereby release iEvolve Fitness, LLC Ocean Trail (trainer), its representatives, executors, agents, and assigns from any liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation in Nutrition Counseling, whether caused by negligence of iEvolve Fitness, LLC, representatives or otherwise. I further agree to indemnify and hold harmless iEvolve Fitness, LLC its representatives, executors, agents, and assigns for the injury or death of any person(s) and damage to property that may result from a negligent or intentional act or omission while participating in the described Nutrition Counseling.
Nutrition and Training Package
I (the client) hereby agree and understand that iEvolve Fitness, LLC Nutrition and Training Package includes one individually customized training program and one individually customized nutrition plan, together comprising “Nutrition and Training Package,” as set out below:
Nutrition Plan: Each nutrition plan is individually designed and tailored towards (the client) unique goals, needs, and abilities. Each nutrition plan breaks down the macro nutrient information, allowing freedom to implement flexible dieting strategies. I (the client) understand that by implementing flexible dieting strategies, that daily nutritional goals are flexible and not bound by meal plans. I (the client) understand that it may be necessary to further tailor and adjust the Nutrition and Training Package with time and progression.
Training Plan: Each training plan is designed based on (the client) individual goals, needs, schedule, and abilities, and may be adjusted as-needed.
Weekly Check-Ins: iEvolve Fitness, LLC places a high value on communication, and I (the client) understand that I must available for one (1) check-in per week unless otherwise noted. Weekly Check-ins can be conducted via Skype, email, or phone, and consist of iEvolve Fitness, LLC reviewing overall progress, through a combination of progress pictures or real-time review of current physique, weight, or measurements. I (the client) understand that iEvolve Fitness, LLC may adjust the Nutrition and Training plan to further optimize progress.
Whereas for valuable consideration hereby acknowledged as received, the Model granted iEvolve Fitness, LLC permission to photograph him/her and thereafter to use the photographs in whole or in part without restriction anywhere, in any medium, for any purpose and altered in any way. The Model releases iEvolve Fitness, LLC from all claims of liability relating to the use of the photographs. This permission and release shall be irrevocable and binding upon the Model's successors, legal representatives and assigns and shall accrue to the benefit of iEvolve Fitness, LLC successors, legal representatives and assigns.
Waiver and Release of Liability
In consideration of iEvolve Fitness, LLC agreement to instruct, assist, diet, and train me, I (the client) hereby agree to hold harmless iEvolve Fitness, LLC, its respective representatives, executors, agents, and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to my participation in any and all Activities, use of Equipment, or any and all acts or omissions, including negligence by iEvolve Fitness, LLC and his representatives. This waiver and release of liability includes, but is not limited to, (a) Injuries and Changes to myself (the client) and/or others, including but not limited to iEvolve Fitness, LLC, that may occur as a result of (i) Equipment that may malfunction or break; (ii) any and all defects, latent or apparent, in the design or condition of Equipment; (iii) any and all slips, falls, or dropping of Equipment; (iv) any and all improper maintenance of Equipment or facilities; (v) any hazardous condition that may exist on the premises, including, but not limited to, the specific workout area; and (vi) Trainer’s negligent instruction or supervision; (b) damage to property, including but not limited to, Equipment and the premises.
Payment Terms and Recurring Payment Authorization
By accepting these terms and conditions, I (the client) authorize iEvolve Fitness, LLC to charge the credit card or debit card or account that I (the client) have specified in the payment plan setup process each month in the amount designated in the time frame of either: a one time payment or monthly recurring payments. I (the client) agree that should I choose a month to month recurring payment option that the payment card specified at checkout is available for automatic monthly recurring payments for a minimum of 12 weeks from the initial checkout date. The automatic recurring monthly charge to the credit card or debit card or account will occur on the initial checkout date.
I (the client) may cancel a recurring payment authorization after the initial 12 weeks only by contacting iEvolve Fitness, LLC by telephone or notifying in writing. The request to cancel a recurring payment authorization must be received by the iEvolve Fitness, LLC at least three business days before the designated due date for the month in which the request is made. Cancellation will not take effect until the next following billing cycle.
I (the client) accept and agree to payment terms provided under recurring payment program that unless other payment methods have been approved, iEvolve Fitness, LLC will charge the client’s credit card monthly, without invoice. If another method of payment needs to be made, I (the client) understand that I may update my information by notifying iEvolve Fitness, LLC to provide a secure link to do so.
Any requests for a full refund (minus processing fee valued at one full month of coaching) must be made within 3 days of the original purchase date.
Duty of Confidentiality
I (the client) acknowledge and agree to maintain the secrecy and confidentiality of Proprietary Information. No information provided by iEvolve Fitness, LLC may be used, distributed, disclosed to any third party, or commercialized, in whole or in part, without written permission of Trainer.
Terms of Service Acceptance
By accepting the Terms of Service, I (the client) accept all releases, waivers, and agreements presented in Terms of Service by iEvolve Fitness, LLC .