TERMS & PRIVACY
VARIABLE FITNESS, LLC. is a South Dakota Limited Liability Company doing business as 'CrossFit Viable' and / or ‘Viable Trained’ and / or ‘ViableFIT’ and /or 'Viable Online' and /or 'Viable Barbell'
Informed Consent/Assumption of Risk using Viable Trained Programming:
I am aware there are significant risks involved in all aspect of physical training. I understand the reaction of my heart, lungs and vascular system due to exercise cannot always be predicted with accuracy. I understand that there is a risk of certain abnormal changes occurring during or following exercise which may include abnormalities of blood pressure, heart rate, chest, arm or leg discomfort: transient light-headedness or fainting; and in rare instances heart attack, stroke, or death. Excessive work can result (in rare cases) in exertional rhabdomyolysis. I should look for signs of excessive soreness, darkened urine or pain in the kidney areas following intense workout. While this type of injury is rare, it can occur due to a number of factors, including (but not limited to) genetic predisposition or dehydration, that may beyond the control of my instructor. I understand the programs and classes offered by Chalk Performance Training are of a nature and kind that are extremely strenuous and can/may push me to my limits and abilities.
These risks include, but are not limited to: improper use or failure of equipment, falls, which could result in serious injury or death due to my negligence, my training partner, or other people around me. I am aware that any of these above mentioned risks may result in serious injury death to my partners or myself.
PAR Q & Informed Consent/Waiver
I willingly assume full responsibility for any and all risks that I am exposing myself and my clients to as a result of my participation in any activities, class, or physical fitness program, or implementing the Viable Trained programming. I hereby certify that I know of no medical problems that would increase my risk of illness or injury as a result of my participation in a fitness program designed by Viable Trained. With my full understanding of the above information, I agree to assume any and all risk associated my participation in Viable Trained programs and classes. By signing this document, I acknowledge that I have voluntarily chosen to participate in a program of progressive, physical exercise. By signing this document, I acknowledge being informed of all the strenuous nature of the program and the potential for usual but possible, physiological results including but not limited to, abnormal blood pressure, rhabdomyolosis, fainting, heart attack, stroke, or death. By signing this document, I assume all risk for my health and well-being and hold Viable Trained as well as its owners, employees, independent contractors, and other authorized agents harmless there from. I understand that questions about exercise procedure and recommendations are encouraged and welcome.
Waiver & Release
I fully understand that my personal exercise program may be strenuous and I choose to participate voluntarily. I accept all responsibility for my heath and any results, injury or mishap that may affect my well-being or health in any way. I waive any claims, demands cause of action of any claims for relief whatsoever against Integrated Viable Trained (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and/or causes of action that I may have for injuries or other damages, arising out of participation Viable Trained activates, including, but not limited to the personal training, programs, class, and nutritional programs.
I recognize that there is a risk involved in the type of activities offered by Viable Trained and therefore I accept full financial responsibility for any injury that I may cause either to myself or to any other participant due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and cost to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Viable Trained, their principals, agents, employees, and volunteers, from any liability for the injury or death of any people or damages to property that may result from my negligent or intentional act or omission while participating in activities offered by Viable Trained.
This agreement shall be governed by and constructed on accordance with the laws of the state of South Dakota without regard to the principles of the conflicts of law thereunder. Any dispute, claim, or controversy arising out of or relating to this agreement or to the breech, termination, enforcement, interpretation determined by arbitration in Sioux Falls, SD before one neutral arbitrator. The arbitration shall be administered by the American Arbitration Association under its commercial Arbitration rules and both Viable Trained and I consent to any such dispute being resolved. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction. The prevailing party in any proceeding, including but not limited to arbitrations hereunder, arising out of or relating to this Agreement shall be entitled to his/her or its reasonable attorney’s fees and costs.
I have fully READ and UNDERSTAND the foregoing assumption of risk and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damages property caused by my negligent or intentional act or omission. I understand by signing this document, I am WAIVING valuable legal rights.
I have carefully read this Agreement and fully understand its content. I am aware that is a release and waiver of liability and sign it knowingly, voluntarily, and do so of my free will.
Photo, Image & Likeness
Member hereby grants Viable Trained the right at no cost to use Member’s photo, image and likeness in any social media posting, including but not limited to Facebook, Instagram, Vine, as well as any blog, or website posting of Viable Trained. Member shall further grant the right to Viable Trained at no cost to use Member’s photo, image and likeness in any print advertising, brochures, flyers, promotional product or medium as long as such use is not for commercial gain or sale of such good or medium. (For example, t-shirt sales, fitness Viable Trained warrants and agrees that it will not use Member’s photo, image or likeness for commercial gain but solely for advertising and promotional purposes. If Member wishes to revoke this right to any photo, image or likeness that is being used, it must provide such notice in writing and allow Viable Trained thirty (30) business days to remove, delete, cancel or otherwise stop the use of such Member photo, image or likeness.
EFT REQUEST & AUTHORIZTION
Client authorizes Viable Trained or its assigns to make periodic charges or withdrawals from the account used to pay the initial described above or the account listed below or replacement account designated by Client and accepted by Viable Trined for payment of any and all fees, late charges, costs, expenses or any other money due to Viable Trained under the terms and conditions of this agreement. Client understand that the client is entitled to notice of all varying charges cost, withdrawals under the EFT, expenses or any other money due to Viable Trained under the terms and conditions of this Agreement. Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which client agrees are not varying charges or withdrawals. Client may change the account designated herein upon thirty (30) days written notice to, and approved by Viable Trained. Client may timely notify the financial institution in control of client’s account to terminate this request, but such notification will constitute a default and may cause all sums under this agreement to be due and payable immediately together with all costs of collection o to extent permitted by law. Viable Trained or it is assign reserves the right to add the following fees to the clients account balance should the following occur: resubmit unpaid EFT draft - ($10); unpaid EFT draft - ($15); unpaid credit/debit card - ($15). Payments received more than ten (10) days after the due date are assessed a late fee - ($15).
IMPORTANT NOTE: Client, by agreeing to partake in Viable Trained Training personal training/Nutritional program service and related activities, agrees to release Viable Trained from liability due to participation. Client is urged to have this release agreement reviewed by their attorney before signing.
By signing this agreement, Client acknowledges that client has read, understood and agrees with all the terms and conditions of this agreement after having the opportunity to have it reviewed by an attorney at the discretion of the Client. Client further acknowledges and received a filled-in and completed copy of this agreement, which includes EFT request, the release and waiver of liability, and additional terms and provisions of the agreement. This agreement constitutes the entire agreement of the parties and no other agreement or understanding exist between clients and Viable Trained. Viable Trained has made no express or implied warranties or misrepresentations other than those expressly set forth in this agreement to include client to enter into this agreement. Any conflict between the original agreement and any copy of the original agreement, shall be controlled by the original agreement.
THIS AGREEMENT IS FINAL, THERE IS NO COOLING OFF PERIOD. WE REQUIRE 30 DAYS NOTICE TO CANCEL YOUR MEMBERSHIP. YOU WILL NOT RECEIVE A REFUND FOR ANY PAYMENTS ALREADY MADE.
Personal information we collect:
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
How do we use your personal information?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud;
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
We do not share your information with third parties.