Assumption of Risk, Waiver and Release of Liability, and Miscellaneous Provisions
In consideration of the permission to use the video products and exercise prescriptions provided by Golden Oak Personal Training (hereafter The Company) today, and at any time in the future, I understand and agree to all of the following:
Assumption of Risk: I understand that any physical activity carries with it an inherent risk of injury. Strength training can involve strenuous exertions of various muscles placing stress on the muscles, bones, and joints. Cardiovascular training can involve sustained physical activity placing stress on the heart, arteries, and blood pressure. Risk of injury may be minor such as soreness, sprains, strains, and bruises, or serious such as heart attack, stroke, paralysis, and death. I understand these risks and agree to assume all risk of injury or illness associated with exercise whatever the cause.
Waiver and Release of Liability: I voluntarily and knowingly agree on behalf of myself, my spouse, my heirs, personal representative, assigns, and anyone else claiming by or through me to release, waive, and discharge The Company, its directors, officers, owners, employees, volunteers, independent contractors, agents, assigns, successors, vendors, suppliers, equipment manufacturers, lessors, consultants, other clients, and all others associated with them (collectively “all others”) from all liability from any and all claims, demands, or suits arising from the acts, failure to act, or conduct of any of them arising from their negligence (whether ordinary or gross), breach of duty, or any other theory of legal liability for (1) any physical or emotional injury or illness suffered by me (including death) arising from my use of The Company’s equipment recommendations, services, and products.
Indemnification and Hold Harmless: I agree on behalf of myself, my spouse, my heirs, personal representative, assigns, and anyone else claiming by or through me to indemnify and hold harmless The Company and all others by paying all costs and attorneys’ fees they incur in investigating and prosecuting or defending a claim or suit.
Denied Payment Charges: If my payment is denied for any reason, I agree to pay a $25.00 service charge plus the amount of the denied payment within 5 days. I agree to pay all costs of collection, including reasonable attorney’s fees and court costs.
Interpretation: This agreement is intended to be interpreted as broad and as inclusive as permitted by the laws of Illinois to relieve The Company, and all others associated in any way with The Company, from all liability for any and all claims for damages due to injury or property loss based on any legal theory.
Severability and Venue: If any portion of this agreement is held invalid, the balance of the agreement shall continue in full legal force. Any legal action shall be brought in the Nineteenth Judicial Circuit Lake County, Illinois.
I understand and accept that my image, comments, likeness, accomplishments, goals, and challenges I overcame may be used by Golden Oak Personal Training and that I am not entitled to any compensation for such use. I reserve the right to have the aforementioned remain private by submitting such a request within 15 business days of signing this agreement. I understand that my image and voice may be recorded/captured during calls, online sessions, and in person.
Subscription Services: To have continued access to the Longevity on the Links, you must renew your subscription monthly. If you purchase the Trainer-Guided Progressive program, you are purchasing a program and not the services of a specific trainer. We will do our best to keep you with the same trainer however, the assigned trainer may not be available to conduct any one or all sessions/calls. However, another trainer will be assigned and available for a coaching call. Subscribers are not entitled to a refund if the originally assigned trainer is not available. Arriving more than 10 minutes late to a scheduled coaching call will be considered a “no-show” and the session will be counted as being used. Regardless of starting time, all sessions will end at the predetermined end time.
Payment: All subscriptions are by pre-paid appointment only. The amount paid is non-refundable except as stated hereafter. Subscriptions are not transferable without our written consent.
Health: You represent that you do not have any health condition that strenuous exercise could worsen. You understand that our trainers are not medically trained to monitor your health during exercise. You agree to contact your own doctor for any questions regarding your ability to exercise safely. This program is for your recreational use only and nothing stated, given, or written should be taken as medical advice.
Renewal: A payment on the monthly subscription renews this agreement. For clients in the Trainer-Guided Progressive Plan, you may keep your coaching call time slot by renewing the subscription. If you leave the program and rejoin at a later date, we cannot guarantee the same coaching call schedule. We reserve the right to increase rates for any new services at any time. We are not obligated to renew this agreement at the rate in this agreement.
Subscription Cancellation: Subscriptions automatically renew each month. Therefore, you will be billed monthly until you cancel your subscription through your online account.
Fully-Guided Coaching Call Cancellation: We require 48 hours’ notice to cancel your coaching session. Failure to do so will count as a used coaching call. This policy is strictly enforced with no exceptions. You may text or call our 24-hour time-stamped voicemail at: (847) 748-0890 or email us at email@example.com. You will receive an email or text reply confirming our receipt of your message. Excessive cancellations interfere with your progress and our scheduling. If we believe your cancellations are excessive, we will discuss this with you, but we reserve the right to cancel your reserved time slot if cancellations or no-shows are excessive.
Refunds: All fees for this Agreement are immediately earned by Golden Oak Personal Training. All membership fees are non-refundable.
Termination for Cause by Golden Oak Personal Training (Company): Company may, at its option, terminate your agreement if: you fail to make timely payments under any payment plan, any monthly payments or dues are late, the monthly EFT/RCC payments or dues are interrupted or discontinued for any reason and you or your cosigner do not provide an acceptable alternative, you fail to follow any of Company membership policies or violate any part of this agreement, or your conduct is improper or harmful to the best interest of Company or its members. Termination is effective on the date Company mails a written notice to your last known address. You are liable for all financial obligations until that date.
Termination Without Cause by COMPANY: Company reserves the right to terminate your membership for any reason not stated above and not prohibited by law. If Company does so, it will mail a written termination notice to your last known address and refund any unused prepaid dues.
Entire Agreement: I have not relied on any oral representations by anyone in addition to, or inconsistent with, the written terms of this agreement.
By signing below, you acknowledge you have read, understand, and agree to all terms on the entire agreement, and have received a copy of this agreement, or that one will be sent to you electronically within 48 hours of signing this agreement.
Name of Package purchased: Longevity on the Links Monthly Subscription
I agree to pay the monthly subscription rate to have access to the video library and Longevity on the Links program. I understand that access to the program is dependent on a monthly payment and I will not continue to have access once my subscription is over.