This Terms of Service Agreement, (hereinafter, the Agreement) is made between IDG Fitness LLC (hereinafter, the Trainer) and you as user (hereinafter, the Client). Trainer and the Client are sometimes collectively referred to in this Agreement as the Parties. 

 

By registering as a client or by using the idgfitness.com (hereinafter, the Platform) constitutes your agreement to be bound by this Terms of Service Agreement. The offering of the Platform to you is conditional on your acceptance of these Terms of Service. If you do not agree to these Terms of Service, you must not access or use the Platform.  IDG Fitness reserves the right to refuse or cancel your account. We also reserve the right to cancel your subscription should you violate any provision of this Agreement, or any other posted policy on the Website.

 

The parties hereby agree to the following terms and conditions:

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1. GENERAL TERMS

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Client acknowledges that s/he agrees to the services of a personal trainer provided by IDG Fitness.

 

Trainer will design a tailored exercise program for the Client that reflects the clients’ objectives, fitness level, and experience. A different trainer may be assigned to the Client at any time upon the sole discretion of IDG Fitness.

 

IDG Fitness provides individual & group training programs that last up to 60 minutes (hereinafter Training Session).  These training sessions may be purchased individually, as packages or as a monthly subscription

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2. INFORMED CONSENT

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Client has read and executed the Full Disclosure of Physical Conditions/Informed Consent and Assumption of Risk, and Release of Liability form, which is included below hereto and incorporated into this agreement as if fully set forth herein.

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3. PLATFORM SECURITY AND ACCEPTABLE USE POLICY

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By using the Platform, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). IDG Fitness is not responsible for any loss or activity that results from the unauthorized use of your User Account due to your failure to secure your access credentials.

 

You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the IDG Fitness team in writing at info@idgfitness.com of any unauthorized use of your User Account or any other breaches of security.

 

IDG Fitness shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of IDG Fitness's control. IDG Fitness will use commercially reasonable efforts to avoid downtime of the Platform but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.

You acknowledge and agree that IDG Fitness shall not have any liability or be responsible in any way for your use of the internet to connect to the Platform or any technical problems, system failures, security breaches and the hardware that you use to access the Platform.

 

You must immediately notify the IDG Fitness in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.

 

You are prohibited from transmitting any material on or through the Platform that, in our sole opinion, is or could be offensive, fraudulent, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials on the Platform.

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In using the IDG Fitness Platform, you will not:

• Reproduce, redistribute, sell, decompile, reverse engineer, or disassemble the Platform or any source code therein;

• Take any measures to interfere with or damage the Platform;

• Use the Platform to transmit tortious, unlawful, infringing, and otherwise objectionable content;

• Spam or harass The Training Session or any other client;

• Use any fraudulent, deceptive, or misleading practices;

• Collect personal information about Trainers or other clients;

• Engage in any commercial activities except as permitted by us; or

• Engage in any illegal activities.

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4. TRAINING PACKAGES AND PAYMENTS

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Training Sessions include various exercise programs involving various activities & services. Activities shall mean the following: testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery, and cardiovascular machines; stretching; weight lifting; and any other training activities, techniques, and/or exercises. Services shall mean general nutritional and healthy lifestyle guidance and tracking.

 

The Client agrees to pay IDG Fitness for training sessions &/or monthly subscription as selected and agreed upon by Client and IDG Fitness as set forth on the Platform (idgfitness.com).  Payment is due prior to commencement of each training session or package.

 

The amounts payable per Training Session may be adjusted at the sole discretion of the Trainer, at any time. The Client waives notice of any such adjustments to the amounts payable per Training Session.

 

Should the Client purchase additional Training Sessions &/or automatically renew monthly subscription both the Client and the Trainer agree that this Agreement shall remain in full force and effect and continue to govern the rights and liabilities of the Parties, except as to the amount payable per such additional Training Session, if different from the amount stated above, or unless the Parties execute a new Agreement.

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Monthly Subscriptions

If you selected a monthly subscription, it will automatically renew unless you cancel at least 3 days before the end of the current billing period. However, you may cancel your subscription at any time by navigating to your My Account and following the prompts to cancel your subscription.  Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.

 

We may provide a free trial subscription for a fixed period, as determined by IDG Fitness at its sole discretion. Unless otherwise stated by IDG Fitness in respect of specific promotions, free trials are only available to new IDG Fitness users, and IDG Fitness reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees. After the trial, your subscription will renew automatically at the full monthly subscription price unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial, please navigate to your My Account and following the prompts to cancel your subscription.

 

Training Sessions (single sessions or packages)

Any Training Session not used within 90 days of the Effective Date for any Training Package shall be

forfeited. The Client shall not be entitled to a refund of the cost for any Training Session not used within 90

days.

 

The Client will be charged for a cancelled appointment unless the Client notifies Deb Goodge or

IDG Fitness of such cancellation at least 24 hours prior to the scheduled time. If the Client is more than

15 minutes late for an appointment, the lost time will be forfeited and charged for that Training Session as if the Client had been present.

 

However, there may be instances where this is not practicable and the full rate for cancelled session could be waived. This will depend on the situation and the trainer's discretion.

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5. WAIVER AND INDEMNITY

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The Client agrees to indemnify the staff and/or the fitness trainer for any injuries, illnesses, or expenses from the Clients participation in IDG Fitness training programs. Trainer will put safety first in every training program and session.

 

6. RIGHT OF CANCELLATION

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Client may cancel this contract at any time prior to midnight of the 3rd business day after the date of the contract. You may cancel without any penalty or obligation. Client will receive a refund of all moneys paid under the contract upon written notice via email to info@idgfitness.com by the Client. If you cancel, IDG Fitness may retain or collect a portion of the contract equal to the proportionate value of the services already used.

 

You may also cancel this contract if IDG Fitness moves or goes out of business and fails to provide equal facilities with 15 miles of the location designated in this contract.

 

If IDG Fitness relocates or goes out of business and fails to provide alternative facilities within 15 miles of the location above, IDG Fitness will refund the Client funds paid, prorated by the number of sessions &/or weeks remaining under the contract.

 

IDG Fitness shall make all refunds within 30 days of receipt of the notice of cancellation. If the Client executed any credit or lien agreement with IDG Fitness to pay for all or part of the services, any such negotiable instrument executed by the Client shall also be returned within 30 days after such cancellation.

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7. TERMINATION OF AGREEMENT

The Parties shall have the right to terminate this Agreement upon thirty (30) days advance written notice of

termination to the other party.

 

8. EFFECT OF TERMINATION

In the event the Client terminates this Agreement, the Trainer shall retain all payments made for all unused

Training Sessions, packages &/or monthly subscription. In the event the Trainer terminates this Agreement, the Trainer shall refund to the Client all payments made for unused portions of Training Sessions, packages &/or monthly subscription.

 

 

9. ENTIRE AGREEMENT

This Agreement (including the Full Disclosure of Physical Conditions/Informed Consent and Assumption of

the Risk and Release of Liability) constitutes the entire agreement of the Parties, and supersedes any and all

previous understanding, agreements, arrangements, or discussions, written or oral, between the Parties

relating hereto. There are no collateral agreements, representations, or guarantees, oral or otherwise unless attached hereto and signed by both Parties.

 

10. WARRANTIES

There are no warranties either express or implied in this Agreement that are not expressly contained in this

Agreement.

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11. APPLICABLE LAW

This Agreement shall be governed by the laws of the State of Delaware

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Full Disclosure of Physical Conditions / Informed Consent and Assumption of

Risk and Release of Liability

 

This Full Disclosure of Physical Conditions/Informed Consent and Assumption of Risk, and Release of

Liability is executed on this date and is a material part of, and is incorporated by reference into

the Personal Training Agreement executed by the Client.

 

• The Client certifies that he or she is physically sound and suffering from no condition, impairment, disease, infirmity, or illness that would prevent the Clients participation in the Clients Services and Activities under this Agreement, except as hereinafter stated.

 

• The Client certifies that he or she has been informed of the need for a physician’s approval for participation in the Services and Activities under this Agreement.

 

• The Client certifies that IDG Fitness LLC has recommended that the Client have a yearly or more frequent physical examination and consultation with the Clients physician as to physical activity, exercise, and use of exercise and training equipment so that the Client may have knowledge that he has either (a) been given permission by the Clients physician to participate, or (b) that the Client has decided to participate in the Services and Activities under this Agreement without the approval of his physician.

 

• The Client expressly assumes all responsibility for the Clients participation in the Services and Activities under this Agreement.

 

THE CLIENT CERTIFIES THAT THE CLIENT HAS GIVEN FULL AND COMPLETE DISCLOSURE OF ALL PHYSICAL CONDITIONS, IMPAIRMENTS, DISEASES, INFIRMITIES OR ILLNESSES THAT MIGHT AFFECT OR PREVENT THE CLIENTS PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT. THE CLIENT REPRESENTS THAT HE HAS NO CONGENITAL, PHYSICAL, OR MENTAL HEALTH PROBLEMS, NO UNDERLYING CARDIOVASCULAR, NEUROLOGICAL, OR ANY ILLNESS, OR CONDITION WHICH MIGHT AFFECT OR PREVENT THE CLIENTS PARTICIPATION IN THE SERVICES AND ACTIVITIES UNDER THIS AGREEMENT.

 

 

Informed Consent and Assumption of the Risk

 

1. The Client enters into this Agreement with full knowledge of all the risks and benefits associated with

the Activities under this Agreement. The Client certifies that the client is of a legal age to enter into a

Agreement, and is not mentally incapacitated. The Client certifies that he enters into this Agreement

without duress, undue influence, and for valuable consideration.

 

2. The Client certifies he or she understands the risks associated with participation in the Services and Activities under this Agreement including, but not limited to physical injury resulting from the acts, omissions, and/or negligence of others. The Client certifies that the Client knows and fully understands the importance and relevance of all the risks, and expressly and voluntarily assumes any and all risks associated with the Clients participation in the Services and Activities under this Agreement, including but not limited to the services of general nutritional and healthy lifestyle guidance; activities of training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercises. Further, the Client expressly and voluntarily assumes any and all risk associated with the Clients participation in the Activities under this Agreement, including but not limited to the risks of dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm), and/or any other physical injury, due to any cause whatsoever.

 

Release of Liability

 

1. Client certifies that the Client voluntarily agrees to participate in the Activities under this Agreement, including but not limited to the services and activities of general nutritional and healthy lifestyle guidance; training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercise. The Client further agrees to follow all rules set forth by IDG Fitness LLC and its Trainers.

 

2. In consideration of the privilege of participating in the Services and Activities under this Agreement, and the training services provided by IDG Fitness LLC and its Trainers, the Client for himself, his heirs, assigns, administrators, executors, and/or all members of his family, including minors, waives, releases, holds harmless and forever discharges IDG Fitness LLC its successors in interest, assigns, servants, agents, employees, independent Agree mentors, associates, officers, directors, officials and any other participants in the Activities under this Agreement, from any and all responsibility, liability, claims and demands of any kind and nature, damages, actions, causes of action of any kind, whether now known or unknown, or which the Client may have now, or which may hereafter accrue to the Client (collectively, the Claims), including but not limited to Claims based upon or related to dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm); and/or ant other physical injury or illness, due to any cause whatsoever, including the act or omission, negligence or any other fault of IDG Fitness LLC, its successors in interest, assigns, servants, agents, employees, independent Agree mentors, associates, officers, directors, officials and any other participants in the Activities under this Agreement.

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