DECLARATION & DISCLAIMER
I, the undersigned, understand that the fitness / nutrition consultation services offered to me by KETOGAINS are educational in nature and intended to provide me with well researched nutrition and exercise information.
The counseling services may include, but will not necessarily be limited to: instruction in the development of eating habits, physical exercise, rest, stress reduction, healthy home and workplace environment, attitudinal and behavior changes.
The counseling offered under this Agreement is acknowledged and understood to be of a strictly non-medical and non-psychological nature and is accepted solely and exclusively for instructional purposes only.
Suggestions made for diet and / or supplement products are intended to support and balance the body with the sole intention of enhancing general health, and are not intended to diagnose, treat, cure, or prevent any disease.
Nothing expressed, written, or implied should be considered as medical advice for dealing with any given medical condition. The information received cannot replace the advice or treatment of a qualified health care practitioner. I also agree that I have been advised to discuss the recommendations with my prescribing physician.
It is recommended to every person prior to joining in a physical fitness /nutrition program that he/she undergo a complete physical examination by their physician.
In consideration of my requesting a fitness / nutrition program and in seeking advice concerning the present state of my general physical condition and fitness, I accept any and all responsibility for and assume the risk of, any and all injury or damage to my person and/or property and the potential for unusual, but possible mental or physiological results including, but not limited to, abnormal blood pressure, fainting, heart attack or death, which might arise whether directly or indirectly, as a result of following a fitness/nutrition program suggested by my coach.
Because exercise / diet modifications should not be performed under certain medical conditions, I affirm that I have stated all my known medical conditions and have been honest about my medical status.
I understand that everyone will lose weight at different rates and so I may lose weight slower or faster than others I have seen.
I, the undersigned, hereby certify that I fully understand and accept the above information, and agree to ask for clarification on any information I do not understand during or after the consulting session.
I agree to disclose all known medical conditions and have answered all questions openly and honestly. I agree to keep the practitioner informed of any future changes in my medical conditions and treatments. I further acknowledge that I have received a signed copy of this disclaimer for my records.
TERMS AND CONDITIONS
PERSONAL TRAINING SERVICES AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR PERSONAL TRAINING SERVICES CAREFULLY.
This Agreement for Personal Training Services is made between KETOGAINS BRANDS, LLC (“Ketogains,” “Trainer,” “we,” “us,” or “our”) and YOU (“You” or “Client”) (collectively referred to as the “Parties”). This Agreement ensures that the role of the trainer to client and client to trainer is clearly appreciated and understood.
The parties to this Agreement mutually acknowledge and agree as follows:
- Trainer is not a medical professional and is without expertise to diagnose medical conditions or impairments.
- Trainer is not a nutritionist or dietician and is not engaged in dietetics and nutrition practice or nutrition counseling.
- Client agrees to promptly and fully disclose to Trainer any injury, condition, or impairment which may have a deleterious effect on or be impacted by this training program and the Trainers decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the Client, the Trainer, or others shall be conclusive.
- At the time of commencing the personal training services, Client:
- Is physically capable of participating in a strength, flexibility, and aerobic training exercise program and using the equipment associated with such training; and
- is over the age of eighteen (18); and
- has either:
i. had a physical examination and been given a physician’s permission to participate in this training program; or
ii. decided to participate in this training program without the approval of a physician.
1. Services. Trainer will provide you with personal training services, which include but is not limited to the following services:
|Meal Plan Purchase|
|Dietary Consult/Macronutrient Recommendation|
|Training and Programming Services|
2. Consultation and Coaching.
- Initial Consultation. Trainer will provide you with an initial consultation which includes discussion of personalized macronutrients, supplements suggestions, and suggested strength/hypertrophy routine.
- Upon receiving all of the Client’s full information and payment, Trainer has 15 business days to provide Client with a Plan based on the Initial Consultation.
i. Client’s full information includes an executed contract, a full write up, and initial photographs.
- Additionally, when the program has a fixed startup date, such as in the “bootcamp” program, the plan will be sent the immediate weekend before the start date, no sooner, no later.
- During the initial consultation, the Client will be able to refer to Trainer for any and all questions which will be promptly answered, via e-mail or any other way of communication previously pre-arranged by both parties.
i. For Bootcamps, the Client shall utilize the Ketogains Client Portal for direct communication with Ketogains or utilize Ketogains’ Facebook Community
- Additional Consultation(s) and Coaching. Client may purchase additional consultation(s) time and coaching in the following intervals, at the Trainer’s then-current rate:
|Individualized Consultation and Coaching||4-week, 8-week, or 12-week|
|Group Coaching and Bootcamp||8-week|
Any additional consultation or coaching a Client purchases must be used and completed in sequential weekly intervals, which cannot overlap with other Services and cannot stopped or frozen once started.
3. Voluntary Participation. This training program will involve physical activity and, as appropriate, use of certain equipment and machinery. Such activities may present a risk of injury or even death. Client voluntarily agrees to participate in these activities and to assume all risk of personal injury, death, and property damage resulting from such activities, use of equipment, machinery, or public or private facilities.
4. Payment. Client agrees to pre-pay the sum of that corresponds to the service required.
5. Cancellation Policy. We do not accept any cancellations and you shall not receive any refunds once we send any program materials to you or once the training begins.
- At any time prior to our sending of program materials, in whole or in part, or to the beginning of the training, you may cancel the Services subject to a US$99.99 cancelation fee.
- After Ketogains provides any program materials or information, no refunds shall be given.
- Any cancellation of a subscription-based service shall only be effective if Client provides Ketogains with a 30-day written cancellation notice and subject to a cancellation fee equal to 1-month of the subscription-based service.
- Any change to the level of bootcamp classes that you sign up for will be subject to a US$39.00 change fee.
6. Confidentiality.Client acknowledges that all material supplied in the consultation to you is copyrighted and should not be shared with outside parties. All information provided to us by you will be kept confidential and not shared with others without your express permission, which may be acquired through electronic consent. Client acknowledges that Ketogains reserves the right to fully cooperate with any law enforcement authorities, court order, or subpoena requesting or ordering us to disclose the identity or other client information. In the event of such cooperation, Ketogains will endeavor to provide you with reasonable notice of information disclosed.
7. Marketing Consent. Client consents to allow Ketogains to use photographs of the Client for publicity and marketing purposes. Trainer will take all reasonable steps to edit the photographs to conceal the Client’s face and any recognizable marks, birthmarks, and tattoos.
8. Waiver and Indemnity. Client agrees on behalf of him/herself, and his/her personal representatives and heirs, to release and discharge Trainer, his agents, representatives, successors, and assigns from any and all claims or causes of actions (known and unknown) arising out of this training program including without limitation injury or loss resulting from Clients use of any equipment or facilities which break or malfunction.
9. Disclaimer of Warranties. No implied warranties or representations are made other than those expressly contained herein, and this document contains all of the terms of the Agreement between the parties. Trainer expressly notes that results will differ for clients based upon various factors including without limitation; body type, nutrition, etc. and no guarantees of results are possible.
10. Termination. Trainer retains the right to terminate this Agreement for any reason, including (without limitation) Client’s failure to follow directions, or conduct contrary to the interests of this Agreement.
11. Counterparts. This Agreement may be executed in duplicate and a copy shall be considered as effective as an original.
12. Applicable Law; Jurisdiction; Prevailing Party. The validity, interpretation, construction, and performance of this Agreement shall be governed by the laws of the State of Florida. Client agrees that any claim or dispute arising under this Agreement or your use of the Platform must be resolved through binding arbitration with a tribunal sitting in Miami-Dade County, Florida, USA, pursuant to the rules of the American Arbitration Association. If we are successful in any action whether defending or prosecuting against you, you agree to pay all attorney’s fees and costs associated with that action. You hereby irrevocably consent to the personal jurisdiction and venue of the arbitration tribunal. You further agree that any issue you have with Ketogains that arises under this Agreement is arbitrable and that Miami-Dade County, Florida, USA, is a convenient forum for any disputes that arise between us.
I have read this Agreement in its entirety including the declaration, disclaimer and other terms sections and understand the information that has been provided to me.