Liability Waiver & Training Policy Agreement
1. PARTIES AND DEFINITIONS
This Agreement is entered into between Mike Nguyen, doing business as MikeFit ("Company"), including its owners, employees, contractors, trainers, affiliates, and representatives.
The individual entering into this Agreement is referred to as the "Client" or "Participant."
This Agreement governs all services provided by the Company, including but not limited to consultations, free consults, assessments, coaching sessions, training sessions, and any other services (paid or complimentary), collectively referred to as the "Services."
2. SCOPE OF SERVICES
Services may include, but are not limited to:
- In-person personal training
- Online coaching and remote training
- Virtual coaching sessions
- Nutrition and wellness guidance
- Exercise programming and fitness assessments
- App-based coaching and digital services
- Email, text message, and messaging platform coaching
- Accountability and habit coaching
- Educational content, courses, and challenges
- Consultations, assessments, and free consults
- Sponsored, discounted, promotional, or complimentary services
3. ASSUMPTION OF RISK
Client understands participation in physical activity, exercise, nutrition programs, and coaching services involves inherent risks including injury, illness, disability, allergic reactions, or death.
Client voluntarily assumes all risks associated with participation.
4. RELEASE OF LIABILITY
Client releases and discharges the Company from all claims arising from participation in Services, including those arising from negligence to the fullest extent permitted by law.
This includes claims arising from use of gyms, facilities, equipment, training environments, or coaching communications.
5. MEDICAL DISCLAIMER
The Company does not provide medical, physical therapy, or mental health services.
Client confirms they are medically cleared to participate.
6. COACHING COMMUNICATIONS
Coaching may occur via in-person, video, phone, email, text, app messaging, or other platforms.
All communications are educational only and not medical advice.
7. NO GUARANTEE OF RESULTS
No guarantees are made regarding weight loss, muscle gain, performance, health, or any outcome. Results vary.
8. PACKAGE OWNERSHIP & TRANSFER RESTRICTIONS
All Services are non-transferable unless approved by the Company in writing.
Company has sole discretion over any transfer, credit, extension, or modification.
9. REFUND POLICY
All sales are final. No refunds except where required by law.
10. STORE CREDIT POLICY
Store credit may be issued at the Company’s sole discretion for Services or products.
11. CANCELLATION POLICY
12-hour notice required for cancellations. Late cancellations or no-shows are forfeited.
12. EXPIRATION
Services expire 12 months from purchase unless otherwise stated.
13. PACKAGE FREEZE / EXTENSIONS
Company may approve freezes or extensions at its sole discretion due to medical, travel, relocation, or other circumstances. No guarantee is made.
14. PRICING POLICY
Prices may change at any time. Previously purchased Services retain original pricing.
15. CLIENT CONDUCT
Client agrees to behave in a respectful, safe, and appropriate manner at all times.
Prohibited conduct includes harassment, abusive behavior, threats, unsafe conduct, or violation of Company policies.
16. TERMINATION AND REFUSAL OF SERVICE
The Company reserves the absolute right, at its sole discretion, to refuse service, deny participation, suspend access, or terminate any Client relationship at any time, with or without notice, and with or without cause.
This includes safety concerns, behavioral issues, policy violations, payment disputes, or any circumstance the Company determines may negatively impact safety, operations, or integrity.
Upon termination, the Company may issue partial refund, store credit, or no compensation at its discretion.
17. SPONSORED SERVICES
This Agreement applies equally to paid, discounted, sponsored, or complimentary Clients.
No employment, partnership, or agency relationship is created.
Company may terminate Sponsored Services at any time.
18. CHARGEBACKS
Client agrees to contact Company before initiating any dispute or chargeback.
19. DISCRETIONARY AUTHORITY
Company reserves sole discretion over refunds, credits, transfers, scheduling changes, and policy exceptions.
No exception creates precedent or entitlement.
20. NO WAIVER
Failure to enforce any provision does not waive future enforcement rights.
21. ELECTRONIC SIGNATURES
Electronic acceptance, checkboxes, and digital signatures are legally binding.
22. GOVERNING LAW
This Agreement is governed by the laws of the State of California regardless of Client location.
23. SEVERABILITY
If any provision is unenforceable, the remainder remains valid.
24. ACKNOWLEDGMENT
Client confirms they have read, understood, and voluntarily agree to this Agreement, including a full release of liability.
Client confirms they had the opportunity to ask questions before agreeing.