
TERMS AND CONDITIONS
1. The parties agree to the following terms and conditions: a. Client is engaging Meryl Binder and Wicked Iron Strength for fitness and/or nutrition coaching services to be provided by Meryl Binder of Wicked Iron Strength. b. Coaches at Wicked Iron Strength will create an exercise program geared to Client’s fitness level and experience in order to meet Client’s objectives. c. Client agrees to sign the Informed Consent and Assumption of Risk and Release of Liability. d. Client agrees to inform Wicked Iron Strength and Meryl Binder of any and all conditions, medical or otherwise, that may affect his/her ability to participate in training sessions.
2. Training Sessions. Training Sessions may include, but are not limited to, the following activities: testing of physical fitness; exercise; aerobics and aerobic conditioning; cardiovascular training; weight lifting and training; and stretching.
3. Indemnity. Client agrees to indemnify and hold harmless Meryl Binder/Wicked Iron Strength for any injuries, illnesses, and the like experienced as the result of Client’s Training Sessions.
4. Termination. Meryl Binder/Wicked Iron Strength requires a 24-hour written notice for cancellation of service. Cancellations cannot be made within the initial three months. No reimbursements will be made once a payment is processed.
5. Warranties. While Meryl Binder/Wicked Iron Strength fully believe exercise and nutrition, specifically personalized to Client, is beneficial to Client’s health and wellness, Meryl Binder/Wicked Iron Strength cannot guarantee the results of the Strength & Conditioning and Nutrition Plans. Meryl Binder/Wicked Iron Strength make no representations and/or warranties that Client will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results. Meryl Binder/Wicked Iron Strength strongly encourage Client to follow a healthy diet in conjunction with training and continued exercise.
6. Entire Agreement. This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered or supplemented except in writing signed by both Meryl Binder/Wicked Iron Strength and Client.
7. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
8. Legal and Binding Contract. This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding all over the world. The Parties each represent that they have the authority to enter into this Contract.
9. Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
10. Waiver. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
11. Applicable Law. This Contract shall be governed and construed in accordance with the laws of the state where the Property is located, without giving effect to any conflicts of laws provisions.
BY ENTERING HIS/HER/THEIR CONTACT INFORMATION AND MAKING THE PURCHASE, THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS CONTRACT AND THAT THE CLIENT IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT. THE CLIENT SHOULD NOT ENTER HIS/HER/THEIR CONTACT INFORMATION AND PERFORM THE PURCHASE IF THERE ARE ANY BLANK SPACES. INFORMED CONSENT AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY
This Informed Consent and Assumption of Risk and Release of Liability is material to the Coaching Contract and is incorporated herein by reference.
1. Client certifies that he/she is of adequate physical condition to participate in physical exercise.
2. Client certifies that he/she assumes the risk of physical injury, whether minor, severe, or otherwise.
3. Client certifies that he/she will disclose to Coach whenever suggested activities cause distress beyond Client’s threshold.
4. Client certifies that he/she will not hold Meryl Binder or Wicked Iron Strength liable for any physical injury, whether minor, severe, or otherwise that result from Training Sessions.
5. Client certifies that he/she assumes all responsibility for his/her participation in the Training Sessions. ACKNOWLEDGMENT I AM IN GOOD PHYSICAL AND MENTAL HEALTH AND DO NOT SUFFER FROM ANY HANDICAPS OR PHYSICAL CONDITIONS THAT COULD CONSTITUTE A DANGER TO MYSELF OR OTHERS AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES, AND I ACCEPT TO PARTICIPATE IN THE ACTIVITIES FREELY.
PROMOTIONAL MATERIAL – I give my permission to use my name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like I send to Meryl Binder/Wicked Iron Strength and or to their social media. I agree that anything I send, Meryl Binder/Wicked Iron Strength, has complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose. These uses include, but are not limited to, illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the Internet. I acknowledge that I will not receive any compensation, etc for the use of such pictures, etc.
WICKED IRON STRENGTH CULTURE POLICY Creating a culture, atmosphere, and experience that produces incredible change and inspiration for Meryl Binder/Wicked Iron Strength's Clients will continue to be one of the highest priorities.
1. It is expected that all members are committed to and support developing this culture.
2. It is expected that you are positive on all fronts.
3. Negative talk about yourself or others will not be tolerated. We change lives with positive, motivating, and encouraging words and actions.
4. If at any point you have concerns regarding your Wicked Iron Strength experience, please let us know. We will handle the situation as quickly as possible. We welcome and encourage your feedback.
5. We genuinely care about each of our clients, and we want to support you! Understand that your Coach has your best interest in mind.
6. You must understand that it is entirely up to you to put in the work needed to see amazing results. We ask that you follow your coaching plan, communicate and listen to your coaches, and complete scheduled check-ins for the best results.
7. Our experience has shown that consistency, dedication, effort, and attitude are the keys to success. Be consistent with your training and nutrition, and habits, always stay dedicated to yourself and prioritize what leads you to your best self, and shift your attitude to one that serves you and aligns with progress. If you do these things, you will be well on your way to success.
If this waiver is delivered by any electronic means whatsoever and said delivery shall be of the same force and effect as the delivery of an original signature.