By ordering programs from High Performance Personal Training LLC / Jason Kozma, you are agreeing to the following disclaimer and contract:
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High Performance Personal Training LLC Agreement
This agreement is entered into between the Client (you, the purchaser/user) who has signed below and High Performance Personal Training, LLC, (Trainer ).
General: This agreement concerns recommendation of an individualized dietary program and/or exercise program to client.
- The client (you) will show the diet (if diet is purchased) to my doctor if necessary (see physician approval below), and will not start the diet until my doctor has approved it.
- The client will discuss the exercise program with my doctor if necessary (see physician approval below), and will not start until my doctor has approved it.
- The client will follow the workout program provided to me by Trainer exactly as instructed.
- The client will follow the diet provided to me by Trainer exactly as instructed.
- The client understand that I must not skip any meals, and must weigh all portions.
- The client will honestly record what I eat on a daily basis in the weekly diet dairy, so that Trainer can adjust my diet as necessary. ( only for Nutritional program with monitoring )
Health Statement: (Assumption of Risk). Client understands that this service is designed and intended for persons in good health with no aggravating medical or physical problems. Client has provided a separate statement of medical history to Trainer as a means of assuring Trainer that no such problems exist, which could cause difficulty or complication in this program. Trainer has relied on Client’s statement as being accurate and complete, as a condition for entering into this Agreement. Client further acknowledges and understands that fitness and exercise training programs include some degree of risk, although remote, as to the possibility of adverse changes including, but not limited to, abnormal blood pressure, fatigue, dizziness, disorders of heart rhythm, and very rare instances of heart attack, stroke, or even death. In addition, there exists risk of bodily injury including, but not limited to, injuries to the muscle, tendons and ligaments of the body. Client understands these risks and cannot hold the Trainer responsible for any injury received to Client while training with or without the guidance of the Trainer. As with any exercise and/or diet program, it is recommended that you consult with your physician before beginning the diet or initiating the exercise program.
Dietary recommendations: Trainer’s dietary recommendations are not intended to diagnose, treat, cure, or prevent any disease. The trainer is not nor purports to be a doctor, nutritionist, or any sort of health care professional. Trainer’s dietary recommendations are intended to help the client reach his/her program goals as expressed to the trainer by the client. Dietary recommendations are designed and intended for persons in good health with no aggravating medical or physical problems. Client therefore accepts dietary recommendations at their own risk.
Age: Client declares that he/she is over eighteen years of age, or (if not) the signature of a parent or legal guardian below constitutes an agreement that Trainers shall be held harmless from any loss, damage or injury sustained by the minor in the same manner and to the same extent as if the minor were competent to sign this Agreement on his/her own behalf.
Disputes: Any disputes connected with this Agreement, its execution, or its interpretation shall be settled by mandatory binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, at Los Angeles, California; using a single arbitrator, with the arbitrator’s decision entered into as a judgment in any court of competent jurisdiction. The arbitrator shall award attorney fees and costs to the prevailing party if it is equitable to in the arbitrator’s opinion and sole discretion.
Cancellation and Policy Agreement: You, the buyer may cancel this agreement at any time prior to midnight of the third business day, after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail or email a signed and dated notice that you are canceling this agreement. A telephone call is also acceptable. If you cancel under these provisions, you are liable for the pro rate costs of any services you have elected to receive prior to the cancellation, plus the cost of informational products purchased and received which you have elected to receive and actually received prior to cancellation, and such amount will be deducted from any refund due to you. You, the client may only cancel thereafter due to medical reason with written consent of your physician stating the reason as to why you are unable to use Trainer’s services. In any event, once the custom program has been created and sent to the client, there are no refunds whatsoever under any circumstances. There is a minimum charge of $200 for in person diet creation.
Expiration: All unused training sessions or packages left idle for 6 months or more are forfeit and void. Online personal training programs or memberships cannot be paused or deferred.
Specific to personal training clients:
Training sessions: Each training session can last up to, but not more than 55 minutes. If you are late arriving for your session, Your training will not extend beyond your scheduled time slot. Also, your trainer is obligated to wait only 15 minutes beyond your scheduled ”start time” before you are considered a “no show, ” unless you have called and advised that you will be running late.
Session cancellation policy: If you cancel a training session without adequate notice, or simply fail to show up, you will be charged for that time period. To avoid charges, cancellations must be made by 5:00 PM of the day before any scheduled workout by calling your trainer.
Regarding partnered training: If you signed up for partnered training, your rate is predicated on both clients training together at the same time. If one partner fails to show up the session still counts normally and the no-show client misses the session.
Gym memberships: You will need to purchase a gym membership directly from the gym where you will be training with the trainer. It is best to purchase your membership on your first day of actual training so that you have maximum use of your membership.
Check policy: Checks are rarely accepted- Cash is the norm. If your check is accepted and it is returned by your bank for any reason, A $20 service charge will be added and your trainer must receive full payment in cash before training services can resume. In addition, if the obligation is not paid promptly, you may be liable for treble damages per California Civil Code Section 1719.
Important information for new clients:
Physician approval: If you are under the regular care of a physician for any specific health condition ( including, but not limited to: high blood pressure, seizures, allergy treatments, asthma, psychotic episodes, etc.) you must show the diet and/or supplement recommendations to your doctor and only proceed with his/her approval. If you are under the regular care of a physician for any injury, you must discuss the exercise program with your doctor and only proceed with his/her approval.
Monitoring: If you have selected the nutritional program with weekly monitoring, it is your responsibility as the client to email me weekly – I cannot initiate contact. Make sure you record everything you have eaten honestly along with any problems you are having on the diet. Understand that most diets are very strict, and you must adhere 100% to the diet in order to get the desired results.
Thank You
Your consideration in the above matters can ensure that your program is an enjoyable and rewarding experience.
By clicking “agree” you agree to the disclaimer and contract. Print this page for your records.