Long Description
$30.00
Personal Trainers teach their clients how to properly use workout equipment and follow workout plans to target different areas of the body. They measure client success and make adjustments in their methods to overcome obstacles and motivate their clients to develop healthy habits.
Terms of Service
RELEASE OF LIABILITY
A release of liability given by a Client to a Personal Trainer in connection with participation in an activity. This liability waiver is intended to protect the Personal Trainer against liability for claims of illness, injury, or death resulting from the Client participating in a potentially dangerous or hazardous activity or being exposed to contagious or infectious diseases during an epidemic, pandemic (such as the COVID-19) pandemic), or other public health emergency. It contains a covenant not to sue and an acknowledgment of assumption of risk, as well as an optional indemnification.
This release is intended to be used by a Personal Trainer that:
The Client signs the release of liability to absolve, exculpate or forgive in advance the Personal Trainer of liability claims arising from the ordinary negligence of the provider (or its employees or agents), including claims that the customer was injured or contracted an infectious disease while on the business’ premises or during an activity managed by the business.
In addition to the release of liability, this Release follows the common practice of including assumption of risk language under which the participant acknowledges that they are:
This Release addresses both the risk of personal injury from participating in a dangerous or hazardous activity and the risk of exposure to infectious diseases
This Standard Document is jurisdiction-neutral and is designed to comply with federal law effective as of 2021. State and local law may impose different or additional employer requirements for offer letters and employment agreements.
Bracketed items in ALL CAPS should be completed with the facts of the transaction. Bracketed items in sentence case are either optional provisions or include alternative language choices, to be selected, added, or deleted at the drafter’s discretion
READ OUR TERMS AND CONDITION BEFORE PURCHASING ANY CONTRACT
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FAQ
Q: Who wrote the contract templates?
All contract templates are written by Beatrice Bianchi Fasani, a licensed attorney in the state of Florida.
Q: Does the contract work in my state, my country, or my language?
Beatrice Bianchi Fasani is a licensed attorney in Florida, and is not ethically permitted to speak to laws in other states or countries. All contract templates are written with universal language that applies in all states. However, we recommend you consult with an attorney in your state to ensure you are compliant with individual state laws.
These contract templates are written in English and are not suitable for translation into other languages, nor are they drafted to comply with international law. Please do not purchase them if you are based in Canada or any other country than the United States.
Q: Can I talk to you about modifying my contract and compliance with individual state laws?
It’s simple to modify the contract to fit your branding and business using the included contracts. Each template features highlighted text for customization along with guiding comments on the side directly from our attorney, no additional help necessary. We always recommend touching base with a local attorney in your state.
The Attorney is unable to chat with you individually. If you wish to have your contract reviewed, contact us at info@makeyourcontract.com.
Q: Why should I trust these contract templates?
Great question! Here are a few reasons why you should trust our contract templates:
All contract templates are written by Beatrice Bianchi Fasani, a licensed attorney in the state of Florida. After drafting, the contracts undergo a process of peer review, ensuring they are thorough, protective, all inclusive (meaning no added clauses needed), and work in all 50 states. Each contract is also reviewed and approved by industry specific professionals.
Q: Is a custom contract better?
It depends. For most creative business owners, these contract templates are more than sufficient to meet your needs, so invest those precious, limited resources (time, money, energy) somewhere else. However, there are some unique cases. For example, if you’re dealing with an elaborate, multi-day event that includes confidentiality, non-disclosure agreements, managing a large team, and specially negotiated rights to photos or videos or other assets, creating a custom contract will help ensure you and your team are fully protected.
Q: How is the contract template delivered?
You will receive an email within minutes of purchase including a WORD attachment. The Word document is your customizable contract including comments and instructions on how to use and implement it.
Q: Can I share my contract template with colleagues, friends, or clients? How many times can I use it?
You may use this contract template as many times as you’d like within your own business. However, you may not share it with anyone else.
Q: What’s your refund policy?
Because you get instant access to the contract templates upon purchase and their digital nature, Make Your Contract enforces a no refund policy. Please direct all questions to info@makeyourcontract.com before purchasing.
Q: Have a question not answered here?
Email us at info@makeyourcontract.com.
If you have any questions regarding which form to use, the company’s structure or some clauses that you don’t understand, you can schedule a consultation with our attorney.
Terms of Service
Effective Date: September 10, 2021
The terms “we”, “us”, and “our” refer to MAKE YOUR CONTRACT, LLC (“Company”). Unless we state otherwise, these Terms of Service (“Terms of Service”) apply when you visit or use the Company website –www.makeyourcontract.com- our social media channels and related platforms (“Platforms”), or use or purchase our products (such as templates, trainings, or events) (“Products”). The term “user,” “customer,” “you” and “your” refers to visitors and users of the Platforms and customers of our Products.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
By using our Platforms or Products, you agree to these Terms of Service, our Privacy Policy, which is incorporated herein by reference, or any other written agreement that governs your use of our Platforms and Products (collectively, “Agreements”). You should not use our Platforms or Products if you do not agree with the terms and conditions contained in these Agreements.
1. NO ATTORNEY-CLIENT RELATIONSHIP
Neither receipt of information presented on the Platforms or Products, nor any use of the Platforms or Products will create an Attorney-Client relationship between you and Beatrice Bianchi Fasani. We are not a law firm or a substitute for an attorney or law firm. The Platforms or Products cannot provide legal advice, opinions or recommendations. No user of the Platforms or Products should act, or refrain from acting, on the basis of information included on this the Platforms or Products without first consulting legal counsel in the relevant jurisdiction. If you need legal advice, hire an attorney authorized to practice law in your jurisdiction.
Any information that you provide by reason of your use of the Platforms or Products is not privileged or confidential.
2. FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
All of the information provided throughout the Platforms and Products (including the digital content delivered via email, blog, podcasts, live and prerecorded events, on social media, through webinars and other content, whether available for purchase or not) are resources for educational and informational purposes only. They do not constitute legal advice and are not guaranteed to be accurate, complete, reliable, current or error-free. The information contained on the Platforms and Products are not a substitute for personalized advice from a knowledgeable lawyer authorized to practice law in your jurisdiction. If you have specific legal questions, you should seek the advice of an attorney authorized to practice law in your jurisdiction.
3. ACCESSING THE PLATFORMS AND PRODUCTS
In order to access the Platforms and/or online Products, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access.
We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Platforms (or any part thereof) or Products, for any reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, interruption, suspension or discontinuance of the Platforms and/or Products. We are not responsible for delay or failure of our performance of any of the features of the Platforms and Products caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
4. FOR LAWFUL PURPOSES
To access or use the Platforms or Products, you must be eighteen (18) years old or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Platforms and/or Products.
You may use the Platforms and/or Products for lawful purposes only. You agree to use the Platforms and/or Products for legitimate, non-commercial purposes only. You shall not post or transmit through the Platforms and/or Products any material which violates or infringes our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
5. PRODUCTS
a. Product Description
While we try to be as clear as possible in explaining the Products, please do not accept the description as entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
b. User Account
Our Products are delivered to you online in a digital format (i.e., no physical products are shipped to you). In order to access certain Products, you will be required to provide information about yourself including your name, current email address, username, password and other personal information, which you must treat as confidential. You agree that any such information you give to the Company will always be accurate, correct and up-to-date, otherwise we will not be able to deliver important details about your Product purchase(s) to you.
You agree that the Products, including any materials contained therein may only be used by you – the individual who is the customer on record with the Company – as permitted herein and may not be sold or distributed without the Company’s express written consent.
c. Product Payments
You agree to make timely and full payments to the Company for purchased Product(s) . You authorize Company to automatically charge the credit card on file for any and all payment balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may revoke your access to the Products, without refund.
d. Refund Policy
Given the digital nature of our Products, we do not offer refunds or exchanges. As such, you agree not to raise a dispute with your financial institution and/or credit card provider for Products you purchased and which we granted you access to.
e. Limited License
For Products you have access to, the Company grants you a limited, personal, non-exclusive, non-transferable license to use the Products for your own personal and internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivate works of, enhance or in any way exploit any of the Products in any manner, except for modifications in filling out the Products for your authorized use.
You shall not remove any copyright notice from any of the Products. Doing so may infringe on our intellectual property rights, as outlined below.
6. INTELLECTUAL PROPERTY POLICIES
The Platforms and Products contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Platforms and Products, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. Without limiting the generality of the foregoing, you may not:
We reserve the right to immediately remove your access to our Platforms and Products, without refund, if you are found to be violating this Intellectual Property Policy.
7. NO RESALE OF PLATFORM OR PRODUCT CONTENT
You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Platforms and/or Products or content or other information or materials of any kind that you do not own without our express prior written consent.
8. THIRD PARTY LINKS AND ADVERTISING ON OUR PLATFORMS AND PRODUCTS
We may provide links to other websites or resources, which are not maintained by or related to us. Links to such websites or resources are provided as a service to our users and customers and are not sponsored by, endorsed or otherwise affiliated with the Company. We have no control over these websites or resources and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, goods, services, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
9. THIRD-PARTIES CONNECTING TO OUR PLATFORMS AND PRODUCTS
Company is not responsible for the content or practices of third-party websites that may be linking to our Platforms and/or Products and Company and makes no representation or warranty regarding such third parties, their websites, their content, or their goods and services.
10. AFFILIATE LINKS
From time to time, Company may include affiliate links on its Platforms and in its Products. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
11. SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED
Information you provide or share with us directly or indirectly, on our Platforms, social media platforms, chat rooms, discussion forums or message boards (whether in the form of emails, text messages, comments, audio calls, video calls, coaching calls, webinars, or otherwise) will not be treated as confidential or privileged, as they may be broadly available to other persons, both inside of and/or outside of the Company.
Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company.
12. YOUR FEEDBACK
With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the Platforms and/or Product-related forums, calls, calls, or otherwise, for the purposes of marketing or promoting the Company’s Platforms and/or Products.
13. ERRORS, INACCURACIES, AND OMISSIONS
Information provided about or in the Platforms and/or Products is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Platforms and/or Products.
14. USE OF TESTIMONIALS AND REVIEWS
The Platforms and/or Products may reference testimonials, reviews, case studies or other feedback from others about our Platforms and/or Products. Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information in our Platforms and/or Products.
15. RESULTS NOT GUARANTEED
The Company may share the successful results of the Company, its users, or customers on the Platforms and Products. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Platforms and/or Products, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Platforms and/or Products is a promise, warranty or guarantee to you of such results.
16. NO WARRANTIES
THE USE OF THE PLATFORMS AND PRODUCTS ARE AT YOUR SOLE RISK. THE PLATFORMS AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE PLATFORMS AND PRODUCTS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (1) THE PLATFORMS AND PRODUCTS WILL MEET YOUR REQUIREMENTS, (2) THE PLATFORMS AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE PLATFORMS AND PRODUCTS WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF PLATFORMS AND PRODUCTS WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE PLATFORMS AND PRODUCTS WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE PLATFORMS AND PRODUCTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE PLATFORMS AND PRODUCTS SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
17. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.
18. INDEMNIFICATION
You agree to indemnify, defend, and hold us, our subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of our Platforms and/or Products in violation of these Terms of Service and/or your violation of any rights of another or any applicable law, rule or regulation. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Platforms and Products.
19. REFUSAL OF SERVICE
We reserve the right to refuse access to the Platforms and/or Products to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Platforms and/or Products, without refund, if you violate these Terms of Service or other agreements governing your use of the Platforms and/or Products.
20. RELATIONSHIP OF THE PARTIES
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us by virtue of your use of the Platforms and/or Products. Furthermore, no professional attorney-client relationship is formed between you and Company by your use of the Platforms and/or Products, unless you and the Company enter into a separate written agreement indicating our intention of entering into a professional attorney-client relationship with you.
21. NOTICES
Any notice or other communication to be given will be in writing and given by email (as noted below for the Company) or to the last known physical address or email address associated with your account.
22. GOVERNING LAW
The Terms of Service shall be governed by the laws of the State of Florida.
23. DISPUTE RESOLUTION.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and the Company arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration to be held in Miami – Dade county, Florida, which arbitration shall be conducted by a Miami – Dade county, Florida, attorney. The parties agree that venue for the arbitration and any associated court action shall be in Miami – Dade county, Florida. If the parties are unable to agree as to the selection of an arbitrator, the court will make the determination upon proper notice to the parties. The parties agree that the arbitrator may grant attorney an attorney’s fees and costs and award as provided for herein.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
YOU AND THE COMPANY UNDERSTAND THAT, ABSENT THIS MANDATORY ARBITRATION PROVISION, YOU AND THE COMPANY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
24. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
25. EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
26. WAIVER
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
27. SEVERABILITY
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
28. ASSIGNMENT
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid. Company may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
29. ENTIRE AGREEMENT
These Agreements (i.e., this Terms of Service, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Platforms and Products) constitute the entire agreement between you and the Company with respect to the Platforms and Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Platforms and Products
30. CHANGES TO TERMS OF SERVICE
We may change these Terms of Service from time to time. If we make changes, we will notify you by revising the date at the top of this Terms of Service, and in some cases, we may provide you with additional notice (such as sending you an email notification). We encourage you to review the Terms of Service whenever you interact with us to stay informed.
Your continued use of the Platforms or Products after the revised Terms of Service has become effective indicates that you have read, understood and agreed to the current version of the Terms of Service.
31. HOW TO CONTACT US
Please contact us at info@makeyourcontract.com with any questions or comments about the Terms of Service.
2021 Make Your Contract, LLC
Disclaimer: All of the information provided here, across our Platforms and Products (collectively, “Content”) are for your educational and informational purposes only; it is not intended as and does not constitute legal advice. We are not a law firm or a substitute for an attorney or law firm. You should not act, or refrain from acting, on the basis of this Content without first consulting legal counsel in your jurisdiction.
The Content or communications between you and us does not create an attorney-client relationship between you and us. Please be aware that any information that you provide us is not privileged or confidential. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. Your access to the Content is subject to our Privacy Policy and Terms of Use.
