ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
This Agreement is entered into between ATLAS NUTRITION (“Trainer”) and the undersigned (“Client” or “you”). Trainer provides custom-designed fitness and nutrition programs for people who want to lose weight, build muscle, prepare for bodybuilding and, or amateur or professional competitions, achieve other fitness and health goals. Trainer does not provide workout facilities for Client use.
SERVICE: You hereby agree to engage the Trainer to provide personal, and professional fitness consulting, coaching advice, and overall guidance in the pursuit of the Client’s health and fitness goals and, or engagements (“Service”) in accordance with the terms set out herein. You acknowledge that this Agreement constitutes a legal, binding agreement between Client and Trainer, and as such you have read this Agreement carefully and fully understand the same. Client acknowledges that you must pay the fee for the Service, whether or not you actually utilize the Service.
REFUNDS: NO refunds. The Client acknowledges that if you terminate this Agreement prior to the completion of the Service, you are not entitled to any refunds.
CANCELLATION AND NOTIFICATION: You hereby are in agreement, and acknowledge this Policy. In the event that a Client has purchased the Service from the Trainer, by means of monthly subscriptions, or subscription payment, performed at the time of transaction, and purchase. The Client also must adhere to a two-month, two payments, per a transactional commitment. The Trainer’s Cancellation Policy states that; a Client must provide formal, and written form of notification to; pause, discontinue, cancel, or terminate any, or all ongoing Services by means of subscription practices, or platforms, in a timely manner equal to, or greater than, 14-days prior to the Client’s next automated withdrawal, per payment, of Service through the Trainer, or any of the Trainer’s employed staff members, Fitness Consultants, Consultants, employees and, or hired contractors and subcontractors who can be identified, with formal documentation and professionally representing the Trainer. Per this policy an inclusion is acknowledged, and accepted by the Client; if personal, and direct action is taken to Skip Payment within an individual's account on the Trainer’s platforms, the Client accepts the Trainer’s right to reactivate, collect, and process the anticipated transaction, and retrieve the payment per such subscription for said Service. With the exception of the adherence to prior notification per this policy, the Client may, or may not, utilize the additional month of Service that was purchased, and processed. The Trainer will fulfill the Service, if the Client wishes to utilize such Service.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer. Trainer does not conduct a health exam nor is Trainer qualified to give you an opinion as to your health status. Therefore, you are encouraged to consult with your doctor regarding your overall health goals and whether you are healthy enough to achieve your goals through the fitness and nutrition programs provided by Trainer. You assume the risk of your participation in any physical 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.
RELEASE: You, on behalf of yourself and your personal representatives, heirs, executors, administrators, agents, and assigns, hereby and forever release, acquit and discharge Trainer, Trainer’s affiliates, related entities, employees, agents, representatives, successors, and their present and former managers, members, officers, directors, shareholders, employees, attorneys, and agents, from any and all claims, causes of action, damages, losses, liabilities, and demands whatsoever based upon or arising out of any act or omission of the Trainer in connection with services rendered to you by Trainer.
MARKETING RELEASE: I hereby give consent to ATLAS NUTRITION to professionally and actively market items of but not limited to; transformational or check-in images, miscellaneous submission of images in the form of photographs, videos, or any alternate form of media. These properties, or submissions will be received, used for such purposes of promotional marketing to represent, resemble such services; offered, rendered, accepted, performed by Trainer, or Trainer’s. Upon execution of this agreement the use will remain within ATLAS NUTRITION owned, operated; assets, properties, any intellectual property in nature, displayed within medias of, but not limited to; branded website or websites, social media platforms, currently existing and future platforms of similar origin. Per the agreement; I do not expect, nor accept any forms or means of, but not limited to, financial compensation or similar, unless such agreement is made formal in acceptance and terms, separate and amend, or separate in entirety, to alternate terms made between the Trainer and Client.
INDEMNIFICATION: By execution of this Agreement, you indemnify and hold harmless Trainer from and against all claims and losses, including reasonable attorneys’ fees, incurred by Trainer in defending against any claim asserted against Trainer based on Trainer’s personal training services provided to you.
ACKNOWLEDGMENTS: You agree that this Agreement is intended to be as broad and inclusive as permitted by the law in the State of Colorado and that if any portion of this Agreement 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 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 Agreement and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware that by executing this Agreement, 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.GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado.