Waiver and Liability.

10,000 Strong: A Nutrition and Fitness Revolution will communicate with our clients through electronic messages and phone calls.  You may unsubscribe through the broadcast site or request to be unsubscribed at any time from both forms of communication by emailing info@whitbybootcamp.com or calling 905-725-3222. Your private personal information will never be shared or sold with a third party.

Books, E-books and Online Publications:

Copyright © 2016 By Teresa Misty Mozejko

All rights reserved. No part of our publications may be reproduced, distributed or transmitted in any form or by any methods, without the prior written permission of the publisher Teresa Misty Mozejko, except in the case of brief quotations embodied in critical reviews and certain other non-commercial uses permitted by copyright law.

10000 Strong Boot Camp

1645 Dundas Street E, Whitby, ON, L1N 7C5

www.10000strongbootcamp.com

 

Disclaimer.

Any e-book, book or publication is for educational and informative purposes only and is not intended as medical or professional advice. Always consult your doctor before making any changes to your diet or nutrition program.

The use of diet and nutrition to control metabolic disorders and disease is beyond the scope of this book, and is not the purpose of any e-book, book or publication provided by 10,000 Strong: A nutrition and fitness revolution. The purpose of our e-books, books and publications is to help healthy people reach their wellness goals by educating them in proper nutrition guidelines.

No health claims are made by the author of thee-books, books and publications provided by 10,000 Strong: a fitness and nutrition revolution. Our nutrition programs will not help cure, heal, or correct any illness, metabolic disorder, or medical condition. The author is not a medical doctor, registered dietitian, or clinical nutritionist; the author is a Registered Holistic Nutritionist.

If you have diabetes, chronic hypertension, high blood cholesterol, cardiovascular disease, or any other medical condition or metabolic disorder requiring special nutritional considerations, we suggest you consult a healthcare professional for health advice.

The author shall have neither liability nor responsibility to any person or entity with respect to any of the information contained in this program. The user assumes all risk for any injury, loss or damage caused or alleged to be caused, directly

 

Liability Release  

In consideration of permission to use, today and on all future dates, the property, facilities, and services of 10,000 Strong: A Nutrition and Fitness Revolution and to participate in weight training, cardiovascular training, and other physical activities, Client, on behalf of himself or herself, his or her heirs, personal representatives, and assigns, does hereby release, waive, and discharge 10,000 Strong: A Nutrition and Fitness Revolution, an independently owned and operated facility, and 10,000 Strong: A Nutrition and Fitness Revolution , both entities’ employees, volunteers, independent contractors, officers and agents (collectively, the “Released Parties”) from liability from any and all claims arising from Client’s own negligence, the negligence of others, or the Released Parties’ negligence originating from Client’s participation in this program. This Agreement applies to: 1) personal injury (including death) from accidents or illnesses arising from the participation in physical activities including, but not limited to, organized activities, classes, observation, and individual use of facilities, premises, or equipment; and 2) any and all claims resulting from the damage to, loss of, or theft of property. Client certifies that he or she knows of no medical problem (except those noted herein) that would increase his or her risk of illness and injury as a result of participating in a physical training program.  The client further acknowledges that such risks include, but are not limited to injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, interior or exterior facility defects at any indoor or outdoor locations and facilities, over- exertion of a buyer, slip and fall by buyer, or an unknown health condition of the client. Client understands that he or she has been advised to consult a physician prior to commencement of a physical training program to ensure his or her state of wellness to participate in such strenuous activities. Client agrees to indemnify and hold the Released Parties harmless for any loss caused by Client for which the Released Parties are held liable including attorney’s fees and arbitration costs.

By agreeing to our Terms and Conditions , Client acknowledges that Client has read, understood, and agreed with all terms and conditions. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and 10,000 Strong: A Nutrition and Fitness Revolution, an independently owned and operated facility. 10,000 Strong: A Nutrition and Fitness Revolution has made no express or implied warranties or representations other than those expressly set forth in this Agreement.

Automatic Payment Authorization (if applicable and as discussed in person. Credit Cards will not be charged monthly without written consent)

Client hereby authorizes 10,000 Strong: A Nutrition and Fitness Revolution to charge my credit card, on a monthly basis in the amount corresponding to my selected program until I cancel pursuant to the terms of the cancellation policy on the reverse side of this Agreement. I understand that if I choose not to continue, I will send my notice of cancellation via e-mail to info@whitbybootcamp.com and this will serve as my receipt of cancellation. For billing questions, please e-mail info@whitbybootcamp.com.  A $30.00 service charge will apply to any NSF (nonsufficient funds) or declined payments.

By ticking the Terms and Conditions box, Client acknowledges that Client has read, understood, and agreed with all terms and conditions. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and 10,000: A Nutrition and Fitness Revolution, an independently owned and operated facility. 10,000 Strong: A Nutrition and Fitness Revolution has made no express or implied warranties or representations other than those expressly set forth in this Agreement.

Cancellation Policy:

Paid in Full Packages are sold as non-transferable and non-refundable purchases due to the nature of the pricing for these membership packages.

Month-to-month: Client must give notice of cancellation via e-mail to info@whitbybootcamp.com at least 30 days prior to the scheduled monthly debit date, which will be either the 2nd, 10th, 17th or 21st of each month. Cancelations requests received after this deadline will be charged in full for the next month’s services.  Please note, notification given to a boot camp instructor is not sufficient to cancel, Client is still required to send an email to info@whitbybootcamp.com to cancel this Agreement.  Once notification of a desire to cancel this agreement is received an appointment will be set whereby, client must attend a meeting and sign a release agreement.

Six month, 12 month, 18 month and 24 month Packages:  Client must give notice of cancellation via e-mail to info@whitbybootcamp.com 30 days prior to the scheduled monthly debit date, which will be either the 2nd, 10th, 17th or 21st of each month. Cancellation requests received after this deadline will be charged in full for the next month’s services. Please note, notification given to a boot camp instructor is not sufficient to cancel, Client is still required to send an email to info@whitbybootcamp.com to cancel this Agreement. Once notification of a desire to cancel this agreement is received an appointment will be set whereby, client must attend and sign a release agreement. A buyout fee of $50 plus applicable taxes for each month remaining in the contract will be assessed and billed and is due upon receipt.  

Freezing your membership due to an injury:  We understand that due to all of the activities you all are involved in like running marathons and iron mans and triathlons that occasionally injuries do occur.  Please remember that 10,000 Strong: A Nutrition and Fitness Revolution can MODIFY YOUR WORKOUTS TO GIVE YOU AN AMAZING INTENSE WORKOUT AND WORK AROUND YOUR INJURY.  Therefore 99% of the time it is not necessary to stop working out because you have an injury.  Learning how to work around the injury is the best thing you can do for your body and your mental well being while the injured area recovers.  We are always willing to speak with you to discuss modifications one on one and speak with your doctor if you would like us to do so. For this reason if you have an injury and want to freeze your membership you may FREEZE FOR UP TO 12 WEEKS FOR AN INJURY WITH A MEDICAL DOCTOR’S NOTE STATING “(your name) is unable to participate in any form of exercise at all from (start date to end date)”.  YOU MUST GIVE A RESTART DATE IN ORDER TO KEEP YOUR MEMBERSHIP PRICE AND REMAIN A CURRENT MEMBER.   Once the approved 12 week freeze expires your account will return to automated billing without notification.  If after 12 weeks you do not return to training we will consider your account as abandoned and any remaining balance or prepaid membership will be forfeited. Policy subject to change without notice.

How do you freeze your membership?  All requests to freeze your membership must be done via email to our office manager at katie@whitbybootcamp.com. The Email must contain all the information above.  If you do not email your request will not be processed.  If you tell your trainers, Teresa Mozejko or anyone else at the 10,000 Strong: A Nutrition and Fitness Revolution and do not email and call with all of the appropriate information, your request will not be processed. 

Client’s Default

Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of this Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, 10,000 Strong: A Nutrition and Fitness Revolution shall have all rights and remedies available to it, including termination of this Agreement and institution of an action for all applicable damages pursuant to this Agreement. If 10,000 Strong: A Nutrition and Fitness Revolution delays or refrains from exercising any rights under this Agreement, 10,000 Strong: A Nutrition and Fitness Revolution does not waive or lose those rights.  If 10,000 Strong: A Nutrition and Fitness Revolution accepts late or partial payments from Client, 10,000 Strong: A Nutrition and Fitness Revolution does not waive the right to receive full and timely payments and other charges due under this Agreement.

Guarantee Policy

30-Day Hassle Free Money Back Guarantee

If, for any reason whatsoever, Client is not completely satisfied with the services provided within the first 30 days following the date signed below, simply let 10,000 Strong: A Nutrition and Fitness Revolution know via e-mail at info@whitbybootcamp.com that you would like to cancel your program and we will issue you a full refund.  After the initial 30-day period, all prepaid payments are final and non-refundable, except as provided for in the cancellation policy. This 30 day money back policy DO NOT apply to E-Books, books, publications and/or paid in full packages. 

Client Consent

Client consents to and releases each of 10,000 Strong: A Nutrition and Fitness Revolution from any liability resulting from 10,000 Strong: A Nutrition and Fitness Revolution use of Client’s name and likeness in 10,000 Strong: A Nutrition and Fitness Revolution’s advertising, promotional and marketing materials, client lists, Web Site, and/or other public relations documents.

 Arbitration and Attorney’s Fees

Any controversy between the parties arising out of this Agreement shall be submitted to a credit and collection agency in Whitby, Ontario. The costs of the arbitration, including any collection administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. In the event that any dispute between the parties should result in arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action or arbitration and shall be paid whether or not such action is prosecuted to judgment.  For purposes hereof, “prevailing party” shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise.  Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate of interest allowed by law. 

 

Enforceability

The undersigned parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. Further, if any such provision or portion of a provision may be reduced, and/or narrowed in scope, such provision or portion of a provision shall be reduced or narrowed and so enforced. Client specifically waives any right of any type, which would invalidate the enforceability of any provision or portion of this Agreement.

 

Successors and Assigns; Governing Law

Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of Client. This Agreement shall be governed and enforced in accordance with the laws of Ontario.