12-Week Program Transformation Agreement
Thank you for choosing PilatesBodyWorkout to help you start/get to the next level of your fitness journey. I am very excited to work with you to help you achieve your health and fitness goals.
THIS AGREEMENT (the “Agreement”), is entered into today by and
between PilatesBodyWorkout (“The Company”) and; (the “Client”) (collectively, the “Parties”). The Client and The Company agree as follows:
PilatesBodyWorkout Will Provide:
Workouts With Video Demonstrations in an App
Answers To Weekly Accountability Check-Ins
Give The Best Advice To Move Client Closer To Their Goals
A Program Guide That Answers Most, If Not All Questions
Client Requirements. Client agrees to the following to have the BEST 12 Week Pilates experience and do their part to get the best results possible in this time frame.
The Client understands “what you put in is what you get out.” They must take their program seriously. The results they get will be based on their level of determination and accountability.
The Client agrees to do their minimal Pilates sessions 5-6 days a week.
The Client agrees to stay true to their diet.
The Client agrees to do 10, 000 steps daily.
The Client agrees to check in every single week for their Accountability Check In with PilatesBodyWorkout with progress photos and a message describing how the week went in the format PilatesBodyWorkout sends to them in their messages.
Compensation and Payment.
If the Client did not pay in full and PilatesBodyWorkout agreed to a payment plan, the Client must pay their scheduled payment(s) on time.
If the Client does not pay in full and PilatesBodyWorkout agrees to a payment plan and decides to quit their program and not do their part, they still owe their remaining dues to PilatesBodyWorkout. There will be finance charges to payment plans.
Refunds. Under no circumstances will PilatesBodyWorkout give refunds of the amount paid for the Services hereunder. PilatesBodyWorkout agrees to do its part in helping the Client get the best possible results in 12 Weeks.
Ownership of Materials. PilatesBodyWorkout shall retain the creative rights to all original materials, data and similar items produced by PilatesBodyWorkout hereunder in connection with the Services under this Agreement. All services and software used by PilatesBodyWorkout shall at all times be the sole property of PilatesBodyWorkout, and under no circumstances shall Client have any interest in or rights to the title to such materials, mobile app or software. Each Client will have access to the mobile app for 12 weeks in total. Client acknowledges that PilatesBodyWorkout may use and modify existing materials for Client’s benefit and that Client holds no rights to such materials.
Additional Services. All services outside the scope of this Agreement requested by the Client and which PilatesBodyWorkout agrees to perform will be billed after the Client and PilatesBodyWorkout come up with the terms, pricing and service. The Client will be notified and must approve in writing (email is sufficient) additional services before they will be performed. However, PilatesBodyWorkout may not necessarily be able to inform the Client in advance of the total cost of such additional services.
Handling of Disputes. The Parties agree that any dispute regarding this Agreement, and any claim made by Client for return of monies paid to PilatesBodyWorkout, shall be handled in accordance with applicable State and Federal laws. Specifically, if Client cancels credit card payments after the three day cancellation period permitted by law and outlined in this Agreement, this Agreement is immediately terminated, and PilatesBodyWorkout reserves the right to dispute such cancellation and pursue Client for monies owed to PilatesBodyWorkout for services already performed but unpaid by Client due to such credit card cancellation. Client agrees that, regardless of whether Client is ultimately successful in any credit card cancellation dispute, it is liable to pay PilatesBodyWorkout for the work already performed and the total monies due to complete the full payment. PilatesBodyWorkout reserves the right to initiate an action in court for breach of contract, regardless of the previous outcome of any credit card cancellation dispute. Additionally, if PilatesBodyWorkout is successful in any credit card cancellation dispute, PilatesBodyWorkout reserves the right to pursue Client for the costs PilatesBodyWorkout had incurred in disputing or defending such credit card cancellation, including but not limited to the lost business profits in the form of time PilatesBodyWorkout and its representatives spent handling such dispute.
No Guarantee. PilatesBodyWorkout does not warrant or guarantee any specific level of performance or results. Example of results obtained for other clients of PilatesBodyWorkout may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results.
Communications. Client agrees the communication is to be via PilatesBodyWorkout “Trainerize” Mobile App only. PilatesBodyWorkout typically responds to messages within 24 hours excluding weekends and standard public holidays.
Hours Of Operation PilatesBodyWorkout prides itself on being very accessible to his clients, however, just like everyone, Natalya of PilatesBodyWorkout has a personal life, family and has to set boundaries. Natalya of PilatesBodyWorkout will be available for sure Monday-Friday from 9AM to 5PM EST time.
Entire Agreement. This Agreement is the final, complete and exclusive Agreement of the Parties. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.
Severability. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
Headings. The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement
12 Week Program Liability Waiver
I have agreed to submit this application by electronic means. By signing this application electronically, I certify under penalty of perjury and false swearing that my answers are correct and complete to the best of my knowledge. I also certify that: I understand the statements on the waiver and release of liability provided below. I have read and understand the legal information on the waiver and release of liability provided below. I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature.*
WAIVER AND RELEASE OF LIABILITY In consideration of the risk of injury while participating in PILATESBODYWORKOUT (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge PILATESBODYWORKOUT, located in Toronto, Ontario, Canada, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity.
I UNDERSTAND THAT THE NATURE OF THIS ACTIVITY INVOLVES PHYSICAL ACTIVITY, NUTRITION, AND YOUR OVERALL HEALTH AND WELL BEING. AS A RESULT, IT IS ADVISED THAT YOU CONSULT WITH YOUR PHYISICIAN BEFORE ENGAGING IN THE ACTIVITY, AND BEFORE MAKING ANY CHANGES IN YOUR DIET, PHYSICAL HEALTH, OR PHYSICAL ACTIVITY. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFEREING, ILLNESS, DISFIGUREMENT, TEMPORARTY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY. I agree to indemnify and hold harmless PilatesBodyWorkout against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. I acknowledge that PilatesBodyWorkout and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of PilatesBodyWorkout.
I agree that in the event that any provision of this Release and Indemnity is held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such provision will not affect the remaining provisions of this Release and Indemnity which shall continue to be enforceable.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFFULY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE PILATESBODYWORKOUT AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSE OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST PILATESBODYWORKOUT FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of PilatesBodyWorkout, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
For valuable consideration received, I grant to Natalya Sebastian and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of me, or in which I may be included, for editorial, trade, advertising, marketing and any other purpose and in any manner and medium; and to alter and composite the same without restriction and without my inspection or approval. I hereby release Natalya Sebastian and his legal representatives and assigns from all claims and liability relating to said photographs.
I offer a 30 Day Money Back Guarantee to all of my clients.
If for some reason you do not get great results in your first 30 days and you made sure you followed all of my directions, stayed compliant to your meal plan, tracked all of your workouts and didn’t miss a single check in every single week, I will refund your money. However, to qualify for this guarantee, you must do your part and be responsible in staying true to your duties, listed below.
Please review the following and sign to ensure you have read and fully understand what is required from you as a client to qualify for the 30 Day Money Back Guarantee.
1. IT IS YOUR DUTY to use week 1 as an orientation and trial and error week.
1. I want all my clients to feel comfortable and confident in starting. The first week is a week to just get in the groove of things.
2. IT IS YOUR DUTY to stay true to your nutrition plan.
1. I created a plan for you that should be sustainable using plenty of foods to keep you satiated and energetic.
3. IT IS YOUR DUTY to workout 4 times a week MINIMAL.
1. You have invested in yourself financially, make every penny count.
4. IT IS YOUR DUTY to do BOTH Pilates and 10,000 steps when assigned.
1. The workouts should take no longer than 40 minutes. If time is an issue, tell me on your weekly check in and I will give you advice to make it work.
5. IT IS YOUR DUTY to check in EVERY week.
1. Check ins are for YOU. They help me understand the details I need to coach you the best I can each and every week.
6. IT IS YOUR DUTY to jump on and schedule Touch Base calls.
7. IT IS YOUR DUTY to make sure you send pictures every week.
1. Your pictures are the most important part of a check in. Without visually seeing your progress, I can’t coach you based on what you type to me. DO NOT FORGET YOUR PICTURES.
8. IT IS YOUR DUTY to make sure you have any meal prep done.
1. Failing to prepare is preparing to fail. Make sure if food is running low, that you make an effort to get to the grocery store and food prep if you have to. That way you don’t go to work or school the next day hungry, forcing you to make a bad decision and eat off your meal plan.
9. IT IS YOUR DUTY to track your workouts.
1. Every single workout, you will be required to log the weights you lift and the cardio you do in the mobile app.
10. IT IS YOUR DUTY to do BOTH your steps DAILY.
1. You made a commitment to do 10,000 steps daily there is no negotiations unless you have a medical reason that would stop you!
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
• By email: email@example.com