Terms and Conditions for Personal Training Services

This agreement (“Agreement”) is made between SAW Health and Performance, LLC, an Ohio limited liability company, a personal training provider, hereinafter referred to as “the Company,” and you the reader, hereinafter referred to as “the Client.”

1. Services and Scope of Work:

The Company agrees to provide personal training services, which may include fitness coaching, exercise programs, and wellness advice. The Client acknowledges that the Company’s services are within the scope of personal training and fitness coaching, not medical or rehabilitation services and should not be taken as medical services or medical advice.

2. Client Responsibilities:

The Client agrees to:

• Disclose all relevant medical conditions, injuries, medications, and health concerns to the Company.
• Follow the training plan and recommendations provided by the Company.
• Inform the Company immediately of any pain, discomfort, or adverse effects during or after training sessions.

3. Medical Clearance:

The Client acknowledges that it is their responsibility to obtain a medical evaluation and clearance from a qualified healthcare professional before commencing any exercise program, especially if they have medical conditions or concerns. Electing to participate in coaching, or the purchasing of any SAW Health and Performance resources, means you have sought out and received medical clearance for exercise and training.

4. Payment and Fees:

The Client agrees to pay the fees associated with the services as outlined in the pricing structure provided by the Company. The Client is responsible for any fees related to late payments or returned payments.

5. Cancellation and Refund Policy

This Cancellation and Refund Policy (“Policy”) is an integral part of the Terms and Conditions Agreement (“Agreement”) for services provided by SAW Health and Performance, an online personal training business. By accepting the Agreement, Client also accepts the terms outlined in this Policy.

1. 1. Cancellation of Services:

                             1.1 Client’s Right to Cancel:

Client has have the right to cancel their personal training services at any time. To initiate the cancellation process. Client is required to provide written notice to SAW Health and Performance via email or through the cancellation request form, received upon request.

                             1.2 Company’s Right to Cancel:

SAW Health and Performance reserves the right to cancel services if in the Company’s opinion the Client’s participation poses a risk to their health or safety, if the Client fails to comply with the Agreement, or for any other reason deemed necessary by the Company.

1. 2. Refund Policy:

                             2.1 Refund Eligibility:

Refunds will be considered in the following circumstances:

• Before Commencement of Services: Clients who have paid for services but wish to cancel before the commencement of their training program may be eligible for a refund. The refund amount, if any, will be determined by the Company based on services rendered and expenses incurred.
  • Training Program “Commencement” is defined as “Start Date”, and is equal to the date in which the Client’s programmed workouts are first made available to the Client to perform.
• Unused Time: For a Client who has purchased any 1:1 coaching packages for any duration of months and/or years and have unused time remaining, a refund for the remaining unused time may be considered by Company.
  • Cancellation Refund from Injury or Negative Health Status Change: In the event of a new injury and/or health status change that leads to physical activity being contraindicated, Client can receive a full refund of unused duration of services. In these instances, Client must attach supporting documentation from their care provider within the refund request form.

                             2.2 Non-Refundable Fees:

Certain fees are non-refundable, including but not limited to registration fees, assessment fees, or any digital content purchases.

• Assessment Fees: An assessment fee of $100.00 will be applied to any client who requests a refund prior to Training Program Commencement (Cancellation Policy 2.1a.i.) if said Client has already participated in an initial assessment.

1. 3. Refund Request Process:

                             3.1 Client-Requested Refunds:

To request a refund, Client must submit a written refund request to SAW Health and Performance via email or through the refund request form, available upon request. If electing not to use this form, the refund request should include the Client’s name, contact information, the reason for the refund request, and any relevant supporting documentation.

                             3.2 Company’s Refund Decision:

The Company will review the refund request and make a determination for same which will be binding on the Client. The Client will be informed of the decision within a reasonable timeframe.

1. 4. Payment Reversals:

                             4.1 Unauthorized Charges:

If a client believes they have been charged for services without their consent, they should contact the Company immediately for a resolution. Charges that are determined to be unauthorized will be refunded promptly.

1. 5. Dispute Resolution:

                             5.1 Dispute Resolution Process:

In the event of a dispute regarding refunds or cancellations, the Company and the Client will engage in good faith efforts to resolve the issue.

1. 6. Modifications:

                             6.1 Policy Updates:

SAW Health and Performance reserves the right to modify this Cancellation and Refund Policy as necessary. Client will be notified of any policy updates through the website or email.

This Cancellation and Refund Policy is an essential component of our Agreement. Client is encouraged to review it carefully and contact us if Client has any questions or concerns. Your use of our services signifies your understanding and acceptance of the terms outlined in this Policy.

For any inquiries or to initiate a cancellation or refund request, please contact:

SAW Health and Performance, LLC

alex@sawhealthandperformance.com

(419) 764-3427

6. Privacy and Confidentiality:

The Company respects the Client’s privacy and will maintain confidentiality regarding personal and medical information in accordance with the Company’s Privacy Policy.

1. 1. Client’s Consent for Use of Name, Image, Likeness, and Social Media Content

By participating in our online personal training services, you, the client, acknowledge and consent to the use of your name, image, likeness, and social media content by the Company for the following purposes:

                             1.1. Promotional Materials:

The Company may use your name, image, and likeness in promotional materials, such as the Company’s website, social media platforms, marketing materials, brochures, and other promotional materials, for the purpose of showcasing the results and benefits of our personal training services.

                             1.2. Social Media Posts:

The Company may share, repost, or feature the Client’s social media content that mentions or features the Company’s services on its official social media accounts or other promotional platforms.

                             1.3. Training and Educational Materials:

The Company may use the Client’s name, image, and likeness in training, educational, and informational materials, including but not limited to online fitness courses or training demonstrations, to promote our services to prospective clients.

                             1.4. Other Promotional Activities:

The Client’s name, image, and likeness may be used by the Company for any other promotional activities directly related to its business operations.

1. 2. Duration of Consent:

This consent remains in effect indefinitely unless revoked in writing by the client.

                             2.1 Client’s Rights:

The Client understands and agrees that they will not receive compensation for the use of their name, image, likeness, or social media content, and they waive any rights to royalties, fees, or any other form of compensation that may arise from the use of these elements in accordance with this agreement.

                             2.2 Withdrawal of Consent:

The client may withdraw this consent at any time by providing written notice to the Company. Upon receipt of such notice, the Company will make reasonable efforts to cease using the Client’s name, image, likeness, and social media content for future promotional activities. However, the Client acknowledges that previously used materials may continue to be used by the Company as described in this agreement.

                             2.3 Confidentiality:

The Company will use the Client’s name, image, likeness, and social media content in a professional manner and will not disclose any personal or sensitive information that may be associated with the Client’s content.

                             2.4 Legal Capacity:

The Client certifies that they are at least 18 years of age and have the legal capacity to provide this consent.

7. Assumption of Risk:

The Client understands and acknowledges that participating in a general strength & conditioning program may involve physical activity, exercise, and the use of equipment. The client is aware that there are risks associated with these activities, including but not limited to the risk of injury, discomfort, or adverse health effects. The Client voluntarily assumes all such risks and releases the Company from any liability related to these risks.

8. Informed Consent:

The Client acknowledges that they have read and understood the Informed Consent document provided by the Company and has obtained any necessary medical clearance.

9. Changes to Terms & Conditions
10. 1. Right to Modify:

The Company reserves the right to modify or amend these Terms and Conditions at any time. Any changes will be effective immediately upon the posting of the revised Terms and Conditions on our website or platform.

1. 2. Notification of Changes:

The Company will make reasonable efforts to notify users of any significant changes to the Terms and Conditions, either through email or by prominently displaying a notice on our website or platform. It is the responsibility of users to regularly review the Terms and Conditions to stay informed of any updates.

1. 3. Continued Use:

Your continued use of our services following any changes to the Terms and Conditions constitutes your acceptance of those changes. If you do not agree to any changes, you should discontinue your use of Company’s services.

1. 4. Retroactive Changes:

Changes to the Terms and Conditions will not be applied retroactively, and the version of the Terms and Conditions in effect at the time of your use of our services will govern the relationship between the Company and the user.

1. 5. No Waiver of Rights:

The Company’s right to change these Terms and Conditions does not constitute a waiver of any rights under the Agreement. The Terms and Conditions shall remain in full force and effect.

10. Disclaimers:

The Client acknowledges and accepts the limitations of liability and the fact that the Company’s services are for informational and educational purposes, not medical services or advice.

11. Electronic Acceptance:

By engaging with our services, you acknowledge that you have read, understood, and agree to the terms outlined in this Agreement. Thank you for entrusting SAW Health and Performance with your fitness journey.

Please contact the Company with any questions.