Terms & Agreements Personal Training Consultation Agreement
1) This agreement is made on by and between {name-1} (“Client”) and Limitless Training, LLC (“Instructor”).
The agreed upon Personal Training Consultation will be provided in consideration of the flat fee of $0 (the “Fee”).
2) Instructors/trainers have earned certification in personal training through the International Sports Science Association (or similar licensing body). The instructor provides personal training services only. Instructors' employees, contractors and agents are NOT medical professionals and advice provided during training sessions cannot be construed as medical opinion or medical advice. While instructors/trainers may provide nutritional suggestions, they are not certified nutritionists, nor are their agents or employees.
5) Client acknowledges that risk of injury, even serious disability is part of participation in physical training and exercise. Client understands that by participating in training sessions, there is risk of physical injury to him/her and Client assumes all responsibility for such risk. If Client experiences any pain or discomfort, he/she will ask for help from the instructor and stop the training activity. Client understands that personal training is not a substitute for medical attention, examination, diagnosis or treatment. Strenuous exercise is not recommended and is not safe under certain medical conditions. Client acknowledges and affirms that he/she is solely responsible for consulting with a physician and deciding whether to participate in training with an Instructor. Client has had a full physical examination by a physician within six (6) months of today's date. Based on Client’s physician’s advice, and Client’s own assessment of Client’s health since that time, Client represents that he/she does not suffer from any physical or mental difficulties that would make it inadvisable for Client to participate in physical training with Instructor.
6) Client is solely responsible for (i) having regular physical examinations to ensure that there is no change in his/her health that would make it inadvisable for him/her to use the Studios in the future; (ii) discontinuing exercise whenever Client’s physician so suggests, or whenever it would be prudent to discontinue in light of Client’s physical or mental condition; (iii) ensuring that any equipment used by Client (the “Equipment”) is in good condition before Client uses it; (iv) ensuring that Client uses the Equipment properly; and (v) ensuring that Client only uses the Equipment for the intended purpose. Knowing all of these things, Client assumes all of the risks associated with personal training and exercise related thereto.
7) Client understands that the directions provided by the Instructor are aspirational in nature only. Client can stop an exercise at any time for any reason, and shall stop if the Client experiences pain or discomfort. Though the instructor will encourage the client to continue the exercise, it is the Client’s responsibility to determine personal ability. It is the Client's responsibility to notify the Instructor and Client’s physician about any pain or discomfort that Client may experience. Client shall notify Instructor of any limitations, medical or otherwise, that may impede workout or cause the client discomfort or pain prior to the entering of this agreement.
8) Client hereby waives any and all claims, causes of action, demands, actions, and suits of any kind that Client may now or hereafter have against Instructor and any and all of Instructor’s members, owners, partners, managers, employees, instructors, agents, representatives, affiliates, successors and assigns for any injury, loss, damage, liability, cost, or expense, including attorneys' fees (collectively "Costs") that may arise from or relate in any way to this Agreement, and Instructor’s services. Client understands that this waiver is, and is intended to be, an absolute bar on any such claim, suit or other action and that it may be pled as such.
9) Client agrees to indemnify and hold harmless the Instructor, its members, partners, managers, employees, instructors, agents, representatives, affiliates, successors and assigns from and against any loss, expense, liability, damage, and claim made or brought on behalf of the client for personal injury, including death, that arises out of or relates to this Agreement.
10) Client agrees to cancel or reschedule appointments at least twenty-four (24) hours in advance of the scheduled session. Client will cancel appointments by phone at (908) 616-1576. The client understands that he or she may incur a cancellation fee if a scheduled appointment is not canceled or rescheduled within twenty-four (24) hours of the appointment. Client fails to attend the appointment without proper notice, a fee may be incurred. The instructor is under no such obligation, and may cancel any appointment at any time.
11) The instructor does not guarantee specific results. Proper instruction from an experienced trainer is necessary, but not sufficient to achieve the desired results. It is impossible for an Instructor to ensure that Client works out consistently, follows dietary advice, and generally lives a healthy lifestyle. Accordingly, it is the Client who bears responsibility for achieving the desired results.
12) Client grants and authorizes Limitless Training, LLC the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me to be used in and/or for any lawful promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now known or later discovered. This authorization shall continue indefinitely, unless I otherwise revoke this authorization in writing.
13) This Agreement shall be governed by the laws of the State of New Jersey, and any claim or dispute that arises under this Agreement shall be resolved exclusively by binding arbitration in Newark, New Jersey with the American Arbitration Association.
Terms updated 03/13/24
