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Client Agreement and Health Waiver

Training Sessions

You are purchasing a program and not the services of an individual trainer. The assigned trainer may not be available to conduct any one or all sessions in which case another trainer will be assigned. Member is not entitled to a refund if the originally assigned trainer is not available.  Arrival to a session after 30 minutes of your scheduled time 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 sessions are pre-paid for a package or monthly membership. The amount paid is non-refundable except as stated hereafter. All sessions in a package must be completed within one year of your starting that package. Sessions are not transferable without our written consent.

 

Rules

You agree to follow all instructions of your trainer and the facility.

 

Health

You represent that you do not have any health condition that strenuous exercise could make worse. 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

You may renew this agreement, and keep your reserved time slot, only by making a payment on another package before your last paid session. A payment on any new package of sessions renews this agreement. We may increase rates at any time, except for the sessions included in this agreement. We are not obligated to renew this agreement at the rate in this agreement.

 

General Cancellation

A.   For Private Training, all cancellations or rescheduling must be done minimum 24hrs before the appointment.  Cancelled or rescheduled sessions within 24hrs of the appointment will be charged in full.  This policy is strictly enforced with no exceptions.  To cancel, you may call 647-880-3116 or email cometrainwithnat@gmail.com.  Excessive cancellations interfere with your progress and our scheduling. If we believe your cancellations are excessive, we will discuss this matter with you, but we reserve the right to cancel your reserved time slot.

 

B.   For Small Group Training and Group Classes, you are required to commit to the same timeslot each week, however, in case of emergency or special circumstances you may reschedule sessions using the online booking system 1 hour prior to the start of the session.  Last minute cancellations within 1 hour or no-shows will be charged in full.  All sessions purchased within the 4-week membership must be used within 28 days of the day of the payment.  No refunds or credits will be given. Excessive cancellations and rescheduling interfere with your progress, our scheduling and other member’s availability to book. If we believe your cancellations or rescheduling are excessive, we will discuss this matter with you, but we reserve the right to cancel your reserved time slot.

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Assumption of Risk, Waiver and Release of Liability, and Miscellaneous Provisions

 

In consideration of the permission to use the facilities, equipment, services, premises, and products provided at/by 9634444 Canada Inc o/a Train with Nat today, and at any time in the future, I understand and agree to all 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. Boxing, Kick-boxing and athletic training involves significant coordination and agility with increased impact and risk of injury to joints, bones and muscles.  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 9634444 Canada Inc o/a Train with Nat, 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 attending 9634444 Canada Inc o/a Train with Nat or using its equipment, facilities, services, products, and/or premises; and (2) any damage to, loss of, or theft of my property.

 

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 9634444 Canada Inc o/a Train with Nat and all others by paying all costs and attorneys’ fees they incur in investigating and defending a claim or suit if such claim or suit is withdrawn, or if a court determines for whatever reason (including the enforceability of this agreement, that 9634444 Canada Inc o/a Train with Nat and or others are not liable for the injury or loss.

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Interpretation

This agreement is intended to be interpreted as broad and as inclusive as permitted by the laws of Ontario to relieve 9634444 Canada Inc o/a Train with Nat, and all others associated in any way with 9634444 Canada Inc o/a Train with Nat, 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 province of Ontario.

 

Consent to Physical Contact

It is sometimes necessary for a trainer to physically touch a client to attain the proper form for an exercise. I hereby consent to such appropriate physical contact.

 

Media Release

I understand and accept that my image, comments, likeness, accomplishments, goals, and challenges I overcame may be used by 9634444 Canada Inc o/a Train with Nat 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.

 

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.

 

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