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Our Services

Agreement and Waiver Form

(Please note:  if you are a new client, please complete the Terms and Agreement/Waiver form below.)
 

Elite Speed & Conditioning, LLC.

PERSONAL TRAINING SERVICES AGREEMENT


 This AGREEMENT for Personal Training Services is made this day:

Date

between Elite Speed & Conditioning LLC  (hereinafter, “Trainer”) and

(hereinafter, "Client").

The parties to this Agreement mutually agree as follows: 

1. Trainer is not a medical professional and is without expertise to diagnose medical conditions or impairments. 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 Trainer’s 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. 

2. Client certifies that:  a) He/she is physically capable of participating in a strength, flexibility and aerobic training exercise program and using the equipment associated with such training; and b) he/she 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.

3. 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. Client agrees on behalf of him/herself and his/her personal representatives or 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 Client’s use of any equipment or facilities which break or malfunction. 

5. 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. 

6.  The Client agrees to pay for the session(s) prior to the actual session(s).

7. Client may cancel this agreement only by written notice to Trainer within three (3) calendar days from the date this Agreement is executed, unless there are extenuating circumstances and agreed upon by both parties. Trainer retains the right to terminate this Agreement for any reason including without limitation to Client’s failure to follow direction or conduct contrary to the interests of this Agreement. In the event of termination as set forth herein, Trainer shall refund to Client the sum associated with any unused sessions. This Agreement may be executed in duplicate and a copy shall be considered as effective as an original. Client and Trainer agree, by their signatures below, that they also agree to be bound to the Terms and Conditions printed on the reverse side of this agreement.

Client hereby

permission for images and/or video of Client and/or minor child to be used solely for the purposes of Elite Speed & Conditioning, LLC promotional material and publications and waive any rights of compensation or ownership thereto.

TERMS AND CONDITIONS

1. Each session shall consist of a scheduled appointment based on a sixty (60) minute hour in the privacy of the Trainer’s office location, the privacy of the client’s home, or at a mutually agreed upon location. Client is reminded that distractions such as children, telephones, etc., may affect consistent efforts and results. To get the most out of each session, please be ready to exercise at the appointed time.

2. Client must notify Trainer of cancellation one hour prior to scheduled appointment. NOTE: Client will be charged for the session if less than one hours’ notice of cancellation is given. 

3.  If Client is more than 15 minutes late for a scheduled training session without communicating with the Trainer, the Trainer has the discretion to cancel the session and count it as completed.   

If the trainer/owner is 15 minutes or more late, the client is entitled to reschedule the session.

4. Trainer is not responsible for the safety of facilities or equipment whether provided by Client, Trainer, or others.

 5. Please wear appropriate athletic footwear and loose, comfortable clothing to facilitate ease of movement.

 6. Proper nutrition and adequate rest are essential to this training program and Client must not be under the influence of drugs or alcohol at any time during the training session. 

7. Personal training requires a certain amount of physical contact between Trainer and Client to ensure proper technique. 

8. Trainer’s determination of methods is conclusive. 

9. The failure to strictly enforce any provision of this Agreement shall not constitute a waiver of any right to subsequently enforce this Agreement. All provisions shall be deemed severable and the inability to enforce any provision shall not affect the other provisions. This Agreement shall be construed under Georgia law and shall only be modified in writing signed by both parties.

IF CLIENT IS UNDER THE AGE OF 18, COMPLETE THE FOLLOWING:

I am voluntarily enrolling my child in a fitness or coaching program offered through Elite Speed & Conditioning LLC. I recognize that the program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities.  

I understand that my child is participating at their own risk regardless of preexisting physical or mental conditions or ailments. It is my responsibility and the responsibility of my child to inform each instructor of each class/service in which he/she participates of any existing conditions, whether physical or mental. I have been advised that my child should obtain an examination by a physician prior to commencing a fitness and/or exercise program, or initiating a subtle change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent for my child prior to beginning this fitness program, I hereby agree that I am doing so solely at my own risk. I understand that it is the responsibility of my child participate in exercises that are appropriate for the current status of his/her health. If I or my child have any questions or concerns about whether or not a particular activity is appropriate to his/her current health status, I understand it is my and my child’s responsibility to ask his/her doctor beforehand.   

I and my child understand that any exercise or fitness activity involves risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death. We are accepting such risks and volunteering to participate with full understanding of the dangers involved. In consideration of my child’s participation in this program, I hereby waive and release Elite Speed & Conditioning LLC and its successors and assigns, from any and all claims, costs, liability and expense for any injury, loss or damage whether known, anticipated or unanticipated arising from my voluntary participation and enrollment.   

I understand that this program is not medically supervised. Exercise activities are led by independent fitness instructors or other program participants who are not employees or agents of Elite Speed & Conditioning LLC. I agree to not hold Elite Speed & Conditioning LLC responsible for the actions or omissions of the independent instructors or program participants.    

I assume full responsibility for all my children, dependents, family members, and guests on site or at an event.    

I and my child agree not to solicit to other members of Elite Speed & Conditioning LLC in or around the premise.  

I understand that Elite Speed & Conditioning LLC may, in its sole discretion and at any time, revoke my child’s enrollment in any class or program.     

I ACKNOWLEDGE THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE CHILD/CHILDREN LISTED BELOW, AND WE HAVE THOROUGHLY READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND IT. WE UNDERSTAND THAT IT CONTAINS A RELEASE OF LIABILITY. BY SIGNING BELOW, WE ARE WAIVING CERTAIN RIGHTS OUR SUCCESSORS OR WE MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST ELITE SPEED & CONDITIONING LLC, ITS AGENTS, EMPLOYEES, ORGANIZERS, OR REPRESENTATIVES.   

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