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Terms and conditions for Nutrition: Virtual Group Coaching

Terms of Agreement:

The Client Waiver & Service Agreement (the “Agreement”) is between Indy Complete Fitness, LLC, an Indiana Limited Liability Company, doing business as CrossFit NapTown, NapTown Fitness, NapTown Nutrition and/or Practice Indie (hereinafter “NapTown Fitness”) and you, the Client, and/or as agents or guardian of the Client (“Client”).

Scope of Agreement. It is agreed between NapTown Fitness and the Client that the Client is purchasing, for the benefit of the Client, a personalized Nutrition program which will take place either in Client’s home, a mutually agreed upon location, or one of NapTown Fitness’ locations..

Payment and Collection of Payment. Client hereby authorizes NapTown Fitness to make periodic charges or withdrawals (EFT Authorization) from the account listed below as payment for the services described below as well as payment for any and all fees, late charges, costs & expenses or any other monies due to NapTown Fitness under the terms and conditions of this Agreement. Client understands that Client is entitled to notice of all varying charges or withdrawals under the EFT. Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of payments due to NapTown Fitness for services rendered.

Tardiness and Cancellation. Client is aware that promptness is expected for all sessions. There will be no pro-rated fees for tardiness that is not the fault of NapTown Fitness. Cancellation of any scheduled appointment must be received at least 24 hours in advance; otherwise 50% of the session fee will be charged for each scheduled session and deducted from the account provided. Payment for sessions is due prior to departure on the day of the session or as agreed upon in writing between Client and NapTown Fitness. .

You, the Client, may cancel this agreement at any time. To cancel this agreement, please email or deliver a signed and dated notice which states that you, the Client, are cancelling this Agreement and citing the reason for cancellation. Client concedes to pay a ‘cancellation fee’ of one full-session rate if the Agreement is terminated within one month of signing the Agreement. If the prepaid sum is for the Nutrition foundations program and Client is unable to complete the 9 sessions within one successive month, none of the sum will be refunded and the value of the sessions may not be added to any other program type or services.

Miscellaneous. By signing this Agreement, Client acknowledges that Client has read, understood and agrees with all terms and conditions of this Agreement after having the opportunity to have it reviewed by an attorney at the discretion of Client. This Agreement constitutes the entire agreement of the parties regarding the Services and no other agreement or understanding exists between Client & NapTown Fitness. NapTown Fitness has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement. Client also understands that this Agreement is separate from any future Waiver and Service Agreement required for membership or drop-in classes at any NapTown Fitness location.

RELEASE OF LIABILITY:

I, the signee, have volunteered to participate in a nutrition guidance program provided to me by NapTown Fitness employee, NapTown Nutrition, CF-L1 Trainer and/or Health Coach, which will include, but will not be limited to, weekly meeting, recommended but never prescribed meal planning. In consideration of the agreement with NapTown Fitness to instruct and coach me, I do here now and forever release and discharge and hereby hold harmless NapTown Fitness and its respective agents, heirs, assigns, successors, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my voluntary participation in this or any exercise program including any injuries resulting there from.

THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES OR PROPERTY DAMAGE WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO THE TRAINER OR TO MYSELF THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR NEGLIGENT INSTRUCTION OR SUPERVISION.

Clients acknowledgment and assumption and understand and am aware that in consideration of being allowed to participate in the activities and programs offered by Naptown Nutrition, a part of Naptown Fitness, and to use its programs and training, in addition to the payment of any fee or charge, I do hereby waive, release and forever discharge and hold harmless Naptown Nutrition and its health coaches, and employees from any and all responsibility, liability, cost and expenses, including injuries or illness, resulting from my participation in any activities, or my use of any programs designed by Naptown Nutrition. I do also hereby release Naptown Nutrition, its coaches, and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to myself, or in any way arising out of or connected with my participation in any activities with or the use of any recommendations of Naptown Nutrition. I also understand that all information given to me by Naptown Nutrition are recommended guidelines and NOT dietary prescriptions.

I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent my participation. I do hereby acknowledge that Naptown Nutrition has recommended to me that I obtain a physician’s approval for my participation in the use of dietary recommendations. I acknowledge that I have either had a physical examination and been given my physician’s permission to participate, or that I have decided to participate in activity and use of recommendations and programs designed by Naptown Nutrition without the approval of my physician and do hereby assume all responsibility for my participation and activities.

With my purchase of health coaching, I understand that I am not purchasing a prescribed diet, rather recommendations. I also agree that the recommendations given to me are not a guaranteed guide to results of any sort and agree not to hold Naptown Nutrition staff liable for any outcomes or a lack thereof.

I HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY RIGHT THAT I OR MY SUCCESSORS, AGENTS, GUARDIANS, OR ASSIGNS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST NAPTOWN FITNESS OR ITS EMPLOYEES FOR ITS NEGLIGENCE OR THAT OF ITS EMPLOYERS, AGENTS, OR CONTRACTORS.

This form is an important legal document that explains the risks you are assuming by beginning an exercise program. It is critical that you have read and understand this document completely. If you do not understand any part of this document, it is your ultimate responsibility to ask for clarification prior to signing it.