WAIVER AND RELEASE

I hereby enter into the following agreement with Weights and Plates Strength and Nutrition Center , as well as its members, officers, employees, agents, and representatives (individually and collectively, “WEIGHTS AND PLATES STRENGTH AND NUTRITION CENTER LLC”), as a condition of receiving and using Weights & Plates Strength & Nutrition Center's fitness, nutrition, and performance programming services.

I acknowledge and fully understand that Weights & Plates Strength & Nutrition Center will endeavor to provide the most effective principles to help achieve my fitness, performance, and personal goals, but that Weights and Plates Strength and Nutrition Center cannot guarantee that any services, products, programs, methods, workouts, recommendations, or routines will be safe, effective or suitable for everyone. All such products and services, programs, techniques, recommendations, and materials embodied in such products and services are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. Further, I hereby waive, release, and discharge Weights and Plates Strength and Nutrition Center LLC and all of their members, officers, employees, agents, and representatives from any and all liability from death, injuries or damages arising from, or in any way connected with, use of its services, products, programs, methods, workouts, recommendations, or routines, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Weights and Plates Strength and Nutrition Center, no matter where those injuries occur.

I acknowledge and fully understand that any fitness or exercise activities, and the use of training and fitness equipment and machinery, involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord. I further acknowledge and fully understand that participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. I further acknowledge and fully understand that all of the foregoing risks are especially pronounced in an online programming setting, such as that embodied by some of the fitness and performance programming services provided by Weights and Plates Strength and Nutrition Center because at times I will necessarily be engaging in fitness or exercise activities on my own, without real-time supervision by Weights and Plates Strength and Nutrition Center, in a facility or location over which Weights and Plates Strength and Nutrition Center has no control. I hereby acknowledge and accept the foregoing risks and dangers. Further, I hereby waive, release, and discharge Weights and Plates Strength and Nutrition Center from any and all liability from death, injuries or damages arising from, or in any way connected with, Weights and Plates Strength and Nutrition Center's fitness and performance programming services; Weights and Plates Strength and Nutrition Center’s instruction, programming, advice or recommendations; the use of any exercises, routines, equipment or machinery, whether or not they were recommended by Weights and Plates Strength and Nutrition Center; or my engagement in any fitness or exercise activities, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Weights and Plates Strength and Nutrition Center, no matter where those injuries occur.

I acknowledge and understand that no members, officers, employees, agents, and representatives of Weights and Plates Strength and Nutrition Center LLC are licensed physical therapists or physicians.  I acknowledge and agree that any information, guidelines, or advice provided by Weights and Plates Strength and Nutrition Center are not intended to constitute and shall not be construed physical therapy or medical advice, as treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.

I understand that a physician’s approval is highly recommended prior to participating in any type of fitness or exercise activity, and I hereby represent that I have either obtained a signed approval from my physician, or that I acknowledge the risks inherent in such activities but have elected to engage in said activities without seeking prior approval by a physician.
If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this agreement invalid, such invalidation shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of this agreement is deemed invalid, the remainder of that section shall remain in full force and effect.

Any suit brought under this agreement, or in relation to any programming, consultation or services provided under this agreement, shall be brought in the Judicial Court of the State of Arizona, and both parties irrevocably consent to venue and jurisdiction in that court. This agreement shall be governed by Arizona law, irrespective of any choice-of-law principles. The parties’ legal rights and obligations relating to this agreement and relating to the programming and services provided under this agreement shall be governed by Arizona law, irrespective of any choice-of-law principles. This agreement shall be deemed to have been agreed to and executed in Arizona.

I hereby give permission to Weights and Plates Strength and Nutrition Center and any of its employees, contractors, coaches, or representatives to use my name and photographic/video likeness in all forms and media for advertising, exposition displays, trade, and any other lawful purposes.

I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ADHERE TO ALL ITS PRECEPTS. Any questions that I may have had relating to anything in this agreement have been answered to my satisfaction. This document encompasses the entire agreement of the parties and supersedes all prior oral and written representations between the parties, if any.”

Purchase Policy:

Payment for Products & Services

All Credit Cards will be processed in USD at the time of payment. Weights and Plates Strength & Nutrition Center LLC is not responsible for any fees, charges, exchange rates or additional charges levied by individual financial institutions or Credit Card companies.

I CERTIFY THAT THE ABOVE STATEMENTS AND INFORMATION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I ALSO CERTIFY THAT I AM AUTHORIZED TO EFFECT CHARGES TO THE ABOVE CREDIT CARD NUMBER. IN THE CASE OF ANY ISSUES OR DISPUTES CONCERNING THIS TRANSACTION I WILL NOTIFY WEIGHTS & PLATES STRENGTH AND NUTRITION CENTER LLC PROMPTLY TO RECTIFY THE SITUATION PRIOR TO NOTIFYING MY CREDIT CARD COMPANY.

CLIENT IRREVOCABLY AUTHORIZES ANY ATTORNEY TO APPEAR IN ANY COURT OF COMPETENT JURISDICTION TO CONFESS A JUDGMENT WITHOUT PROCESS IN FAVOR OF THE CREDITOR FOR SUCH AMOUNT AS MAY THEN APPEAR UNPAID HEREON, AND TO CONSENT TO IMMEDIATE EXECUTION UPON SUCH JUDGMENT. THIS AUTHORIZATION WILL CONTINUE IN EFFECT AND WILL COVER FUTURE TRANSACTIONS UNTIL CANCELLED IN WRITING BY THE CARDHOLDER.

Cancellation Policy:

• Private Training

o If your scheduling conflict is known in advance and we are notified at least 24 hours ahead of time, it MAY be possible to make the session up at a later date or with a different trainer. However, this cannot be guaranteed.

o Any sessions missed with less than 24 hours notification are forfeited.

o If you have not already paid for the session, your account/card will be charged for the full amount of the session.

o If no card/account information is present, no further sessions will be conducted until the outstanding payment is received.

Terms & Conditions

If you access and use this Web site (the "Site"), you accept and agree to be bound by and comply with these terms (the "Terms"). If you do not accept the Terms, do not use the Site.

• General

o All products and services of Weights and Plates Strength & Nutrition Center LLC and its subsidiaries and affiliates are subject to the terms and conditions
of the applicable agreements governing their use.

o The Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the
Site. In the event of any conflict, the terms provided in the pages of the Site will govern.

o The information, material and content provided in the pages of the Site (the "Information") may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You
agree to review the Terms regularly and your continued access or use of the Site will mean that you agree to any changes.

• Internet E-Mail

o Any unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to
possible alteration.

• No Endorsements

o No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information.

• Links/Software

o Links from or to web sites outside the Site are meant for convenience only. Weights and Plates Strength & Nutrition Center LLC does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and Weights and Plates Strength & Nutrition Center LLC will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and Weights and Plates Strength & Nutrition Center LLC is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

Refunds

Refund / Cancellation Policy

Prepaid Personal Training Sessions

• If you are unable to attend a personal training session due to circumstances out of your control (determined on a case-by-case basis by our administration), we can offer you a refund if you notify us prior to your session start date.

•However we do charge a 30% cancellation fee. This cancellation fee may be avoided if you opt for a service credit instead of a refund.

• There is no cash refund

• There is no refund for merely changing your mind!

We are here to get you results and these results cannot be achieved if you fail to attend the program! This is not negotiable.