Terms Of Service

Waugh Personal Training LLC Terms of Service

Waugh Personal Training LLC. is an Ohio Limited Liability Company doing business as 'Waugh Personal Training' and / or ‘Waughfit Rehab and Performance Training’ and / or ‘Waughfit’ and /or 'Waughfit App'

Informed Consent/Assumption of Risk using Waughfit Rehab & Performance Training Programming

I acknowledge that there are inherent risks involved in all aspects of physical training. I understand that the reaction of my cardiovascular system to exercise, including my heart, lungs, and blood vessels, cannot always be predicted with complete accuracy. There are potential risks of abnormal changes occurring during or following exercise, including, but not limited to, blood pressure fluctuations, heart rate irregularities, chest discomfort, dizziness, fainting, or in rare instances, heart attack, stroke, or even death. Excessive physical exertion may, in rare cases, lead to exertional rhabdomyolysis, which can manifest as severe muscle soreness, darkened urine, or kidney pain. Although these types of injuries are rare, I acknowledge that they may be influenced by various factors beyond the control of my instructor, including genetic predisposition or dehydration.

I understand that the programs and classes offered by WaughFit Rehab & Performance Training can be highly demanding and may push me to my physical limits. These risks include, but are not limited to, improper equipment use, equipment failure, or falls, which could result in serious injury or death, whether due to my own negligence, the actions of my training partners, or others around me. I acknowledge that these risks may cause serious injury or death to me or others.

PAR-Q & Informed Consent/Waiver

I willingly accept full responsibility for any and all risks I am exposing myself to by participating in any activities, classes, or fitness programs associated with WaughFit Rehab & Performance Training. I hereby certify that I am not aware of any medical conditions that would increase my risk of illness or injury through participation in these programs. By signing this document, I acknowledge that I voluntarily choose to engage in a program of progressive physical exercise and understand the strenuous nature of the activities involved, including the potential for adverse physiological responses such as abnormal blood pressure, rhabdomyolysis, fainting, heart attack, stroke, or death.

By signing this document, I agree to assume all risks associated with my participation in WaughFit Rehab & Performance Training programs and classes. I understand that I am encouraged to ask questions about exercise procedures and recommendations.

Waiver & Release

I understand that the exercise programs I participate in through WaughFit Rehab & Performance Training may be strenuous, and I accept responsibility for my health and any injuries or mishaps that may occur as a result of my participation. I waive any claims, demands, or causes of action against Waugh Personal Training LLC (including its owners, employees, independent contractors, and agents) for any injury or damages arising from participation in any personal training programs, classes, or related activities.

Indemnification

I recognize that there is a risk involved in the type of activities offered by WaughFit Rehab & Performance Training, and I accept full financial responsibility for any injury I may cause to myself or others due to negligence. Should Waugh Personal Training LLC or anyone acting on its behalf incur legal fees or costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold Waugh Personal Training LLC, its principals, agents, employees, and volunteers harmless from any liability for injury, death, or property damage that may result from my negligence or intentional acts while participating in activities offered by WaughFit Rehab & Performance Training.

Arbitration/Governing Law

This agreement shall be governed by the laws of the state of [Insert Your State], without regard to conflict of law principles. Any disputes or claims arising from this agreement shall be resolved through arbitration in [Insert Your City], [Insert Your State], before a neutral arbitrator. The arbitration shall be administered by the American Arbitration Association under its commercial arbitration rules. Both Waugh Personal Training LLC and I consent to resolving disputes through arbitration. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The prevailing party in any arbitration or legal proceeding related to this agreement shall be entitled to reasonable attorney’s fees and costs.

Validity

I have fully read and understand this assumption of risk and release of liability. I understand that by signing this document, I am waiving legal rights and indemnifying Waugh Personal Training LLC and its representatives for any liability related to my participation in fitness programs. By signing, I acknowledge that I am waiving valuable legal rights.

I understand that questions about the exercise procedure or recommendations are encouraged and welcome. I also acknowledge that I am encouraged to consult an attorney before signing.

Photo, Image & Likeness

I grant Waugh Personal Training LLC the right to use my photo, image, and likeness in social media posts, including but not limited to Instagram, Facebook, and any promotional materials (e.g., brochures, flyers). If I wish to revoke this right, I must provide written notice to Waugh Personal Training LLC, allowing thirty (30) business days to remove or stop the use of my photo, image, or likeness.

EFT Authorization

By signing this agreement, I authorize Waugh Personal Training LLC to make periodic charges or withdrawals from the account used for my initial payment or any replacement account I designate. These charges may include fees for late payments or other costs outlined in this agreement. I agree to provide thirty (30) days' notice for account changes and acknowledge that certain fees may be applied if payments are missed or late.

IMPORTANT NOTE: By signing this agreement, I acknowledge that I have read and understand the terms and conditions set forth above. I further acknowledge that I have received a completed copy of this agreement and have had the opportunity to review it with an attorney. This agreement constitutes the entire understanding between the parties.

THIS AGREEMENT IS FINAL, AND THERE IS NO COOLING-OFF PERIOD. 30 DAYS' NOTICE IS REQUIRED TO CANCEL YOUR MEMBERSHIP. NO REFUNDS WILL BE GIVEN FOR PAYMENTS ALREADY MADE.