PERSONAL TRAINING AGREEMENT/ Terms and Conditions
This PERSONAL TRAINING CONTRACT (this or the “Agreement"), is entered into by and between Symmetry Of Motion LLC (the “Trainer"), and you (the “Client”) who is agreeing to these terms and conditions ( personal training agreement).
IF YOU DO NOT AGREE TO WITH THE PERSONAL TRAINING AGREEMENT PLEASE DO NOT USE OR PURCHASE OUR SERVICES AND FACILITIES.
By purchasing my services you agree to be bound by this contract at the time of your purchase.
SECTION 1: DISCLAIMER
While information given during training sessions is believed to be reliable and accurate at the time of posting, Trainer does not guarantee, represent or warrant that the information given is accurate, complete, reliable, verified, error free, or fit for any purpose.
Movements and sequences are not without risk, and participation in Services and our movements and sequences, may result in injury. Trainer urges the participants of The Program - which includes, but is not limited to, any of the following: individual or group in-person, online, or offline sessions, seminars, webinars, subscription platform users, membership subscribers, and exercises, sequences and information posted on videos online on our Site, and/or on social media accounts, including, but not limited to, Instagram, YouTube, and Facebook (collectively referred to as “The Program”, “Program”) - to do so within the boundaries of their own capabilities. Participation in The Program is voluntary and constitutes recreational activity. Trainer is not a health care provider and for this reason, Trainer does not provide medical opinion, evaluation, advice, diagnosis, consultation, treatment, prescription or cure.
The Program is in no way intended as a substitute for medical consultation, advice, evaluation, consultation, and/or treatment and constitutes only as recreational activity. Trainer disclaims liability from and in connection with The Program.
Any person who participates in The Program does so at their own risk. To reduce the risk of injury, you should consult your doctor before beginning The Program. As with any exercise program, if at any point during your use of our services, you believe conditions or exercises to be unsafe or begin to feel faint or dizzy, have physical discomfort, or pain, you should stop immediately and consult a doctor.
SECTION 2: WAIVER OF LIABILITY
By purchasing services, you agree that you wish to participate in The Program. You agree that you are 18 years of age or old or older. You agree you are acting on behalf of yourself, or as the parent or legal guardian of a minor participating in The Program, per your express authorization herein. You agree that if at any time, you believe conditions to be unsafe or begin to feel faint, dizzy, have physical discomfort or pain, or witness, as a parent or legal guardian, your minor participating in The Program to begin to feel faint, dizzy, have physical discomfort or pain, you (or the minor whom you authorizing to participate in The Program), will immediately discontinue further participation. You fully understand that Trainer provides recreational services only. You fully understand that the Program is a form of exercise inherently involving risk and dangers. You understand and agree that these risks and dangers maybe caused by your own actions or inactions, or the actions of others participating in or conducting the activity.
You understand, acknowledge and agree that Trainer does not provide any medical opinion, advice, diagnosis, evaluation, treatment, prescription or cure. You understand, acknowledge and agree that Trainer in no way represents itself as a medical and/or health provider, and anything discussed, or any information provided by Trainer, its owners, members, directors, officers, employees, and/or agents, is not medical opinion, evaluation, advice, diagnosis, consultation, treatment, prescription or cure.
You understand, acknowledge, and agree that neither Trainer, nor its owners, members, officers, directors, employees, or agents are responsible or liable for any claim, loss, or damage directly or indirectly resulting from your participation (or the participating of the minor whose participation you are authorizing) in the Trainer’s Program. Further, you fully assume all risks and responsibilities for losses, injuries, costs or damages resulting directly or indirectly from your (and/or your minor’s) participation in the Program, and you hereby Release Trainer, its owners, members, officers, directors, employees, and agents from all liability, injuries, losses, costs, demands, or damages which may incur as a result of your (or your minor’s) participation in the Program and/or reliance on information communicated to you by Trainer. We understand that by way of this waiver, you are not releasing Trainer, its owners, members, officers, directors, employees, and agents from all liability, injuries, losses, costs, demands, or damages which may incur as a result of any gross negligence by Trainer, its owners, members, officers, directors, employees, and agents.
You represent that you have read this Waiver of Liability in its entirety, fully understand its terms and agree to be bound to it freely, without inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by the law, and you agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall be in full force and effect. This waiver shall be governed by the laws of the State of California.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
SECTION 3: INDEMNIFICATION
You further understand acknowledge and agree that if, despite this release and waiver of liability, assumption of risk and indemnity agreement, you, or anyone on your behalf, or on behalf of the minor for whom you are signing this agreement, makes a claim against any of the releasees, you will indemnify, defend, save and hold harmless each of the releasees from any litigation expense, attorney fees, loss, liability, damage or costs which may incur as a result of such claim, excluding any claims of gross negligence.
SECTION 4: COMMUNICATIONS POLICY
You acknowledge and agree that by purchasing services from Trainer you give your express consent to be contacted and/or receive marketing communication by direct mail, email, telephone, pre-recorded message, text message, instant message and other means from or on behalf of Trainer.
By agreeing to these Terms of Use, you expressly grant give Trainer permission and the right to use your photos and/or materials, such as progress photos, or photos showing results of Trainer’ methods for any and all marketing and/or educational purposes, including, but not limited to, posting these photographs on Trainer’s social media accounts.
SECTION 5: PRIVACY POLICY
This Privacy Policy was last updated on May 28, 2019.
From time to time, Trainer will collect, use and disclose your information, including personal information. We recognize that your privacy is important. It is important to us as well. This Privacy Policy describes our policies on the collection, use, and disclosure of information about you in connection with your use of our Site and The Program, including those offered in -person, through our Site, emails, and through our social media accounts. When you use our Site and The Program, you consent to our collection, use, and disclosure of information about in as described in this Privacy Policy.
1. Types of Information We Collect.
We may collect two types of information about our users: (1) Personally Identifiable Information and (2) Aggregate Information.
a. Personally Identifiable Information (“PII”).
This refers to information that lets us know the specifics of who you are. Examples of PII may include your first and last name and email address. You may also voluntarily provide other PII, whether or not specifically requested by us, by voluntarily supplying your own details to us via e-mail or by posting publicly viewable comments on the Site. You agree that we may collect any PII voluntarily supplied by you, whether or not we have requested it. You must not submit any PII relating to a third party which you do not have permission from such third party to provide to us. We do not knowingly collect any information relating to third parties which you do not have permission to provide. When you engage in certain activities on our Site, such as registering or sending us a message or written content via email, we will ask you to provide certain PII.
b. Aggregate Information.
This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site and what other Sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website's Uniform Resource Locator ("URL") that points to the site you just came from, which URL you go to after visiting our Site, what browser you are using, and your Internet Protocol ("IP") address.
2. How We Collect and Use Information.
We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain services available on the Site.
We will primarily use your PII to provide information and service offerings to you. We will also use certain forms of PII to enhance the operation of our Site, improve our internal marketing efforts, statistically analyze Site use, improve our information offerings, and customize the Site's content, layout and services. We may use PII to deliver information or service offerings to you, and to contact you if you request that we do so. Finally, we may use your PII to enforce our agreements with you, including our Site's Terms and Conditions of Use and this Privacy Policy.
We may also collect certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information.
If your web browser emits "do not track" signals, or use other mechanisms that provide you the opportunity to prevent the collection of PII or Aggregate Information about your online activities, we honor these signals or mechanisms by refraining from collecting information about you.
We have ensured that your personal data is 1) accurate and up to date based on the information you have provided to us; 2) secured to the best of our abilities; 3) used only as described in this Privacy Policy; 4) we plan on using and keeping your data until you withdraw your consent, or ask us to pause what we are doing with your data, and if there is not a legal reason to keep it; and 5) restricted to the minimum needed for us to do our job. We have also provided a contact person in the event of questions, concerns, and/or violations. We will not use any of your data without your consent.
3. Cookies
Depending on how you use our Site, we may store cookies on your computer in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Site. We may use cookies to perform tasks such as: monitoring aggregate Site usage metrics, storing and remembering your passwords (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the Services we make available to you. However, we do not use cookies to track your browsing behaviors.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.
4. Release of Information
We do provide some of our service offerings through contractual arrangements made with affiliates, service providers, partners and other third parties ("Service Partners"). We and our Service Partners may need to use some PII in order to perform tasks between our respective sites, or to deliver services to you. For example, we may use Service Partners to assist us in delivering electronic newsletters and communications to you; to collect PII voluntarily submitted by you when leaving comments on the Site; and to analyze Aggregate Information.
We will choose Service Partners who adopt and promote strong privacy policies. However, the use of your PII by our Service Partners is governed by the respective privacy policies of those providers and is not subject to our control.
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Any other sites accessible through our Site, including those of our Service Partners, have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties.
Other than our Service Partners, we do not allow outside parties to collect PII or Aggregate Information about you or your online activities when you use our Site.
Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
5. Updating and Correcting Information
We believe you should have the ability to access and edit the PII that you have provided to us. You may change any of your PII in your account online at any time. You may request that your account be deleted by e-mailing us at support@symmetryofmotion.com. Please include your name and email address when you contact us.
We encourage you to promptly update your PII if it changes. You may ask to have the information on your account deleted or removed; however, some information, such as logs of technical support calls or other information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.
6. Your California Privacy Rights
Upon your request, California Civil Code Section 1798.83, known as the "Shine the Light" law, requires us to provide to you (a) a list of your personal information, if any, which we have disclosed to third parties for direct marketing purposes in the preceding calendar year, and (b) the names and addresses of those third parties. You may make such a request once per calendar year, and we will provide the information to you free of charge. Please send any requests made pursuant to this section to us by e-mail at support@symmetryofmotion.com. However, as defined under Section 1798.83, we do not currently share any personal information with third parties for their direct marketing purposes.
7. Your General Data Protection Regulation Rights
We have made all legal efforts to comply with the General Data Protection Regulation (GDPR), which protects the rights of European Union citizens. Note to our European Union citizens: you have the right to ask us questions about your own data. Please contact Justin Budfuloski at support@symmetryofmotion.com with any questions and/or concerns in this regard. Please also note that you have the right to lodge a complaint with the EU Commission if you are dissatisfied with our response to your questions about how we use and keep your data.
8. User Choices on Collection and Use of Information
We may, from time to time, send you e-mails and/or newsletters regarding information or services that we feel may interest you. Only Trainer (or agents working on behalf of Trainer and under confidentiality agreements) will send you these notifications. If you do not want to receive correspondence from us, you can "opt-out" by clicking on the "Unsubscribe" link at the bottom of each correspondence. You may also contact us by emailing at support@symmetryofmotion.com to request to be removed from our mailing list and/or subscription service.
You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some parts of our Site may not work properly in your case.
8. Security of Your PII
At our Site you can be assured that your PII is secure as we strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII. For example:
— We work hard to ensure that the data we collect is reliable, accurate, complete and current. We use PII only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
— We limit access to PII only to specific employees, Service Partners, contractors and agents who have a reasonable need to come into contact with your information.
— Additionally, we also employ a number of physical, electronic and procedural safeguards to protect PII. Our secure servers and our data centers are protected by encryption, and our servers reside behind firewalls and password protection.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed.
9. Miscellaneous
You must be at least 18 years old to have our permission to use The Program. Our policy is that we do not knowingly collect, use, or disclose PII about visitors under the age of 18.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e.; your name, email address, etc.) by you in the comments you post on the Site or in other public areas on the Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Privacy Policy does not apply to such information. Please consult our Terms and Conditions of Use for policies regarding user-provided information.
10. Contact Us.
If you have any questions, concerns or inquiries about our Privacy Policy, our use of your PII, or our privacy practices, please contact us at: at support@symmetryofmotion.com. For all other questions, concerns, or inquiries, please contact at support@symmetryofmotion.com.
11. Effective Date.
This Privacy Policy is effective as of May 28, 2019.