Introduction to Releases
Please read the subsections below thoroughly and by signing you are acknowledging that you’ve reviewed and understand all sections. Your consultation includes your acknowledgement of being able to perform a new workout regimen. This is your waiver and release of liability as you participate with The V Trainer.
I am a legally competent adult and have the right to contract in my own name. I have read this document and fully understand its contents and have entered into it freely and voluntarily. This release shall be binding upon me and my heirs, legal representatives, and assigns. I understand and acknowledge every session may be recorded and monitored for quality control and training purposes.
TheVTrainer.com and Strides On Site, LLC is pleased you have chosen to use our services to help you achieve your health and fitness goals. We request your understanding and cooperation in maintaining your health and safety and ask that you read and sign the following agreement:
- I declare that I am physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in a fitness program of Strides On Site, LLC, d/b/a TheVTrainer.com.
- I understand that this is a monthly subscription service and if I am paying for the service, I acknowledge the credit card I put on file will be charged automatically on a monthly basis. I acknolwedge that if my credit card is declined I will be assessed a 10% fee for the next month.
- I understand that I must give a two week (14 day) notice to cancel my subscription to avoid the next month's billing cycle. If I fail to give a 14 day notice I will be charged for the next month and my subscription will be suspended after that cycle.
- By signing this document, I expressly assume all risk for my health and well-being and expressly assume the other risks associated with participating in the Programs, including, but not limited to, the negligence of the participating location and any other organization or individual participating or involved in providing or promoting any Programs that I participate in and I release, waive, discharge and covenant not to sue any class instructor, participating location, any sponsoring organization, collaborative partner or individual providing or promoting the Programs (including without limitation the owners, officers, directors, employees, instructors and representatives of the foregoing). If my employer, school district, athletic program or association, organization or non-profit entity has purchased this program or I’ve purchased this program, I release, waive, discharge and covenant not to sue any individual of those organizations. I understand that I am able to speak to a trainer at any and all times to discuss any injuries or discomfort I may be experiencing so that my program may be modified to best serve my body.
- I understand and am aware that cardiovascular exercise, resistance training and use of gym equipment are potentially hazardous. I also understand that such activities involve a risk of injury and even death, and I am voluntarily participating in these fitness training activities and using equipment with full knowledge of the dangers involved.
- I acknowledge that I have been advised that if I have any questions about my fitness and nutrition program, it is my responsibility to contact a healthcare provider prior to engaging in this program.
- I hereby agree to assume and accept any and all risk incidental to my participation in a fitness coaching program, including all risks of injury or death. In consideration of being allowed to participate in the activities and fitness program of Strides On Site, LLC, d/b/a TheVTrainer.com, I hereby agree to release its employees, agents and representatives from all liability, claims, demands, suits and judgments, including but not limited to bodily injury and property damage, arising, directly or indirectly, out of my use of equipment. This includes, but is not limited to, resistance bands either supplied by Strides On Site, LLC d/b/a TheVTrainer.com or from another source, including, but not limited to, the breaking of bands, injuries from kettlebells, dumbbells, or the stepper. I do not hold Strides On Site, LLC, d/b/a TheVTrainer.com responsible for my improper use of any equipment or any negligence on my part. I further release and hold harmless Strides On Site, LLC, d/b/a TheVTrainer.com from any liability, claims, demands, suits or judgments arising, directly or indirectly, out of any injury or condition that I manifest as a result of my sessions, including, but not limited to, muscle fatigue, soreness, or cramping. I understand and have been informed that there exists the possibility of adverse changes when engaging in a physical activity program. I have been informed that these changes could include abnormal blood pressure, fainting, disorders of heart rhythm, stroke and very rare instances of heart attack or even death. I have been told that every effort will be made to minimize these occurrences by proper screening and by precautions and observations taken during the exercise session. I understand there is a risk of injury, heart attack, or even death as a result of my participation in an exercise program, but knowing these risks, it is my desire to partake in the recommended activities. I understand there are no refunds or exchanges for my purchases.
For valuable consideration received, I do hereby consent and grant to Strides On Site, LLC, d/b/a TheVTrainer.com (“Photographer”) the absolute, irrevocable, and unrestricted right to use, as you may desire, all video, still photographs and motion picture and sound track recordings and records which you make of me or of my voice, my property and the right to use my name or likeness concerning any photographs, audio/video or motion picture that has been taken or may be taken of me or in which I may be included with others, to use, reuse, publish, and republish the photographs and audio/videos in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if Photographer so chooses.
- I hereby release, discharge and agree to hold harmless Photographer, his/her heirs, legal representatives, and assigns, and all persons acting under his/her permission or authority or those for whom he/she is acting from any liability and any and all claims and demands that may arise out of or in connection with the use of the photographs, including, but not limited to, liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of such photographs or in any subsequent processing of them, including without limitation, any and all claims for libel, slander, or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographer, as well as the person(s) for whom he/she took the photographs.
- I understand and acknowledge by my signature (or that of a parent/legal guardian) below, I consent to being photographed, filmed or otherwise recorded, without compensation or remuneration of any kind, and without further consent or notice to the undersigned. The photographed and recorded material shall remain property of Strides On Site, LLC, d/b/a TheVTrainer.com and no distribution of the material is allowed without written permission from Strides On Site, LLC, d/b/a TheVTrainer.com.
I agree that I will wear appropriate clothing at all times during my sessions, including appropriate footwear. Failure to do so constitutes a breach of this agreement, and I may be subject to the cancellation of my program and the forfeiture of my payment.I agree that if any provision of this agreement is invalidated for any reason, then all remaining provisions of this agreement shall remain in full force and effect.
I agree that this agreement shall be governed by and construed in accordance with the laws of the State of Florida. I further agree that venue for any dispute under this agreement shall be in Broward County, Florida. I further agree that, in any action to enforce the terms of this agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs.
I acknowledge that when I purchase or participate in a program the following applies and I agree to the terms.
Cancellation Policy- Live Sessions ONLY
We understand life happens. We respectfully ask for 12 hours notice for any cancellations with no penalty. If we are notified of a cancellation less than 12 hours in advance, the session will count as used and will be deducted from your total sessions.
- I acknowledge that, if I give less than 12 hours notice, I will be charged for the session at full price, and the session will be marked as used and deducted from my total session package.
- All sales are final. There are no refunds, exchanges or transfers for any purchase and rescheduling is not available for the late cancellations (less than 12 hours notice).
- When the scheduled session starts, members will have a 10-minute grace period before the session will be marked as completed. Any missed appointments will still count as a paid session. Your personal trainer will call up to 3 times before your 10-minute grace period expires. For example: if your session is scheduled for 10:40am, you will be called 3 times before 10:50am. If we are unable to reach you by phone or computer, the session will be marked as completed.
- I understand that is a subscription based program and my credit will be automatically charged each month. I acknowledge that in order for me to cancel my subscription without getting billed the next month that I will need to give a 14 day notice of cancelling PRIOR to the month I am cancelling. This is NOT applicable to any employees that fall under a corporate partnership where the company is paying in full for the employee’s program.
Session Usage Policy – Live Sessions Only
- I understand and acknowledge that I have 14 weeks after the first payment to use my sessions before they expire.
- In the event the payment method originally provided is declined, I will be notified by Strides On Site, LLC, d/b/a TheVTrainer.com, or its authorized agent. I must provide a new form of payment within five days of notification, or there will be a $25 late fee. After 30 days without a new payment method being supplied, your account will be transferred to a collections agency.
Credit Card Authorization
By signing, I hereby authorize Strides On Site, LLC, d/b/a TheVTrainer.com to charge my credit card in the amount for the sessions I’ve participated in and agreed to from the Purchase Options in the online store. I understand there are no refunds or exchanges. I understand my membership cannot be transferred. I acknowledge and accept that is a subscription program, automatically charging my card each month. The cancellation of any must be written, electronically, 14 days before the next billing cycle to avoid the automatic charge the next month. All my information is strictly confidential. I authorize Strides On Site, LLC, d/b/a TheVTrainer.com to charge according to the terms I agreed to from the Purchase Options in the online store. I certify that I am an authorized user of this credit card and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated. I understand the fees associated with using my credit card, including and not exclusive of any processing fees. I understand and acknowledge there are no refunds, exchanges or transfers of the purchase. This is only applicable when you are purchasing any additional services from the company if they aren’t sponsoring the program.
Terms and Conditions
Agreement between User and www.thevtrainer.com
Welcome to www.thevtrainer.com. The www.thevtrainer.com website (the "Site") is comprised of various web pages operated by Strides On Site, LLC d/b/a The V Trainer, www.thevtrainer.com ("The V Trainer, "). www.thevtrainer.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.thevtrainer.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The V Trainer and offer personal training and fitness training programs. The V Trainer offers standard, generalized meal plans and cleanse recipes. Consultations are offered by a registered dietitian and the V-Live sessions and incorporate third party companies.
www.thevtrainer.com may host contests on the site.
Visiting www.thevtrainer.com or sending emails to The V Trainer, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The V Trainer, is not responsible for third party access to your account that results from theft or misappropriation of your account. The V Trainer, and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
The V Trainer, does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.thevtrainer.com only with permission of a parent or guardian.
All sales are final, there are no refunds. An exchange can be made only to roll into a higher tiered program option.
We understand life happens. We respectfully ask for 12 hours notice for any cancellations
with no penalty. If we are notified of a cancellation less than 12 hours in advance, the
session will count as used and will be deducted from your total sessions with no refund.
• I acknowledge that, if I give less than 12 hours notice, I will be charged for the
session at full price, and the session will be marked as used and deducted
from my total session package.
• All sales are final. There are no refunds, exchanges or transfers for any purchase
and rescheduling is not available for the late cancellations (less than 12 hours
• When the scheduled session starts, members will have a 10-minute grace period
before the session will be marked as completed. Any missed appointments will still
count as a paid session. Your personal trainer will call up to 3 times before your 10-minute grace period expires. For example: if your session is scheduled for 10:40am,
you will be called 3 times before 10:50am. If we are unable to reach you by phone
or computer, the session will be marked as completed.
Links to Third Party Sites/Third Party Services
www.thevtrainer.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The V Trainer, and The V Trainer, is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The V Trainer, is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The V Trainer, of the site or any association with its operators.
Certain services made available via www.thevtrainer.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.thevtrainer.com domain, you hereby acknowledge and consent that The V Trainer, may share such information and data with any third party with whom The V Trainer, has a contractual relationship to provide the requested product, service or functionality on behalf of www.thevtrainer.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The V Trainer, or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The V Trainer, content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The V Trainer, and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The V Trainer, or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The V Trainer, has no obligation to monitor the Communication Services. However, The V Trainer, reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The V Trainer, reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The V Trainer, reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The V Trainer, 's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The V Trainer, does not control or endorse the content, messages or information found in any Communication Service and, therefore, The V Trainer, specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The V Trainer, spokespersons, and their views do not necessarily reflect those of The V Trainer, .
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.thevtrainer.com or Posted on Any The V Trainer, Web Page
The V Trainer, does not claim ownership of the materials you provide to www.thevtrainer.com (including feedback and suggestions) or post, upload, input or submit to any The V Trainer, Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The V Trainer, , our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The V Trainer, is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The V Trainer, 's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your The V Trainer, account to third party accounts. By connecting your The V Trainer, account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by The V Trainer, from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The V Trainer, Content accessed through www.thevtrainer.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless The V Trainer, , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The V Trainer, reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The V Trainer, in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The V Trainer, agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STRIDES ON SITE, LLC D/B/A THE V TRAINER, WWW.THEVTRAINER.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
STRIDES ON SITE, LLC D/B/A THE V TRAINER, WWW.THEVTRAINER.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. STRIDES ON SITE, LLC D/B/A THE V TRAINER, WWW.THEVTRAINER.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The V Trainer, reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The V Trainer, as a result of this agreement or use of the Site. The V Trainer, 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The V Trainer, 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The V Trainer, with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The V Trainer, with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The V Trainer, with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The V Trainer reserves the right, in its sole discretion, to change the Terms under which www.thevtrainer.com is offered. The most current version of the Terms will supersede all previous versions. The V Trainer encourages you to periodically review the Terms to stay informed of our updates.
The V Trainer welcomes your questions or comments regarding the Terms. Please go to our Contact Us page for information on how to reach us.