Release, Waiver, Indemnity And Assumption Of Risk Agreement

In exchange for your participation in personal fitness training organized by Paragon Fitness and/or use of property, facilities and services secured by Paragon Fitness, you agree to the following:

THIS AGREEMENT is made by and between the PARAGON FITNESS LLC (hereinafter referred to as “Paragon”) and any individual (hereinafter referred to as the “Client”) who purchases any exercise, fitness or Personal Training Service plan from PARAGON.

WHEREAS, CLIENT has decided to engage in physical activity and exercise and has determined to employ PARAGON, through its members, agents, or employees as his or her personal trainer to help CLIENT achieve his or her fitness goals (hereinafter referred to as “Personal Trainer Services”).

AND WHEREAS, in consideration of PARAGON’s desire to provide Personal Trainer Services and in consideration of CLIENT’s agreement to so use Paragon, the parties hereby agree to enter into this Release, Waiver, Indemnity, and Assumption of the Risk Agreement in order to fully and finally settle all matters relating to PARAGON’s and CLIENT’s respective liability for the Personal Trainer Services.

NOW THEREFORE, for the consideration set forth above and for the other goods and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:

1. Release. CLIENT, and his or her agents, executors, administrators, personal representatives, heirs, successors and assigns, for the consideration expressed above, hereby agrees to release, acquit and forever discharge PARAGPN, and its members, agents, employees, successors, assigns, and all other persons, firms, corporations, associations or partnerships related to or connected in any way with PARAGON, of any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and attorney’s fees arising out of of related to PARAGON and the Personal Trainer Services.

2. Indemnification. CLIENT, and his or her agents, executors, administrators, personal representatives, heirs, successors, and assigns, for the consideration expressed above, hereby agrees to indemnify and hold harmless PARAGON, its members, agents, employees, successors, assigns, and all other persons, firms, corporations, associations or partnerships related to or connected in any way with PARAGON, from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and attorneys’ fees arising out of or related to the Personal Training Services.

3. Assumption of Risk. CLIENT acknowledges that Personal Training Services and activities can be dangerous, exposing participants to many risks an hazards, some of which are inherent in the nature of the activity, and some of which may result from human error or negligence on part of the personal trainer or others. CLIENT acknowledges that he or she may suffer serious personal injury, even death, as well as property loss in connection with the Personal Trainer Services and resulting activity. CLIENT agrees on behalf of himself or herself and his or her agents, executors, administrators, personal representatives, heirs, successors, and assigns that is he or she engages in Personal Training Services, or any other physical activity, or uses equipment provided by PARAGON or any equipment at PARAGON’s facility or any facility that is allowing PARAGON to provide Personal Trainer Services, that he or she participates in Personal Trainer Services at his or her own rick and assumes the risk of any and all damage that he or she may suffer, whether while engaging in Personal Trainer Services, or not. This includes any injury or damage suffered while and/or resulting from using the premises or facility where Personal Trainer Services are provided to you by PARAGON, or not, including injuries arising from the negligence of PARAGON, or any of PARAGON’s members, agents, employees, successors, assigns, and all other persons, firms, corporations, associations or partnerships related to or connected in any way with PARAGON.

4. Entire Agreement. CLIENT further declares and represents that no promise, inducement or agreement not herein expressed has been made to the CLIENT, that this release, waiver, indemnity, and assumption of the risk agreement contains the entire agreement between the parties hereto and the terms of this agreement are contractual and not a mere recital.

5. Recital. CLIENT, by his or her submission of any exercise fitness plan or personal training service plan from this site affirms that he or she has read this agreement in full and that he or she understands that it contains a full and complete release, waiver, discharge and indemnification of all potential claims resulting from the Personal Trainer Services. Further, CLIENT has been given the opportunity and has been encouraged to seek independent legal advice prior to purhasing a plan from PARAGON.

By purchasing a plan from Paragon fitness you agree to this release, and acknowledge that you understand its content and that this release cannot be modified orally.

To conduct business effectively and efficiently the following considerations apply:

General terms and conditions: The client is responsible for reading and understating the PAR-Q provided by Paragon Fitness LLC along with completing a pre-assessment questionnaire prior to commencing training sessions. The CPT may require the client to obtain a medical release clearance form from his or her primary care supervising Physician, Nurse Practitioner or Physical Therapist. The CPT will be willing to discuss the clients circumstances with the healthcare professionals, in order; to provide the utmost quality of personal training services that would be safe and effective in the client meeting his or her goals.

After the program has been purchased a session designated for objective assessments such as static, dynamic posting, performance testing, cardio endurance testing, heart rate monitoring, body composition testing, etc will be completed along with additional discussion of the pre-fitness assessment if needed. This will allow the CPT to provide a safe effective customized program tailored to fit the overall needs and goals of the client. The client’s information will be kept strictly private and confidential.

The CPT will keep records of the clients training sessions, objective measurements, and overall progress in order to have comparative information and proper records to asses the clients progress which will be monitored during each session along with a 30 day reassessment noting this allows the CPT to adjust and revise the clients program to provide as needed to achieve the clients objectives/goals.

The client's program will be designed to reflect his/her goals, fitness level, experience, likes and dislikes. It is understood that the client and trainer will both give 100% to the program along with the CPT providing accountability, motivation, advisement, and support during the duration of the training agreement.

All clients will wear appropriate attire and footwear during training sessions. If unclear as to what this means please ask the trainer for suggested guidelines.

Scheduling/Cancellation Policy: Scheduling will take place upon the purchase of the training program. Paragon Fitness LLC will do their best to accommodate the clients time slot request but can not guarantee their specific request based on first come first serve basis with the current client load at time of purchase.

Cancellation: Training session must be cancelled 24 hours prior to session. If not the session will not be refunded or added to the end of the training program duration. However, emergencies or sudden illnesses arise and may be exempt. If this occurs please maintain communication with the personal trainer within a 7 day period or the client’s time slot can no longer be guaranteed.

If the trainer has to cancel a session due to illness or emergency the client will be notified ASAP and his or her session will be rescheduled if the trainer has to miss more than 2 sessions the client will receive and additional session added at the end of the program for the inconvenience that the missed sessions may have caused.

Rescheduling: Available time slots will be based on current client load, first come first serve basis but Paragon Fitness LLC will do their best to accommodate the clients specific time request.

For on site training clients in addition to the other policies are also agreeable to the following:Iåf the client is 15 minutes late for their training session, without contacting the personal trainer, the client will be considered a no-show or have the choice to complete their session for the remainder of the time left. No rescheduling of the session will be allowed. In home clients will be ready to complete his or her session after set up of equipment has been completed by the CPT. The CPT will arrive 5-10 min before designated session time in order to complete the session within the client’s scheduled timeframe.

Weather policy: Paragon Fitness LLC reserves the right to reschedule or cancel client’s appointments based on weather. The general guidelines, but not limited to are as follows: if local schools are closed then Paragon Fitness LLC will not be providing training sessions and will make attempts to notify the clients to reschedule his or her sessions.

Fees: All fees will be paid prior to commencing the training program. A payment plan may be optional but based solely on the discretion of Paragon Fitness LLC upon discussing this with the client, but is not guaranteed and payment in advance is preferred.

Refunds: Will not be issued at anytime. Paragon Fitness LLC will take under consideration via written notification of extenuating circumstances and agrees to consider allowing the client to use the remaining sessions at a later date.

Other: Client has read and executed the full disclosure of the physical pre-assessment, PARQ questionnaire, fee agreement, informed consistent waiver, waiver of liability and assumption of risk forms which attached hear to and incorporated into this agreement as if fully set forth herein.

Web Site Usage & Privacy Policy

 1. Terms By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License Permission is granted to temporarily download one copy of the materials (information or software) on Cindy Luneal Howard's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Cindy Luneal Howard's web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Cindy Luneal Howard at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer The materials on Cindy Luneal Howard s web site are provided "as is". Cindy Luneal Howard makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Cindy Luneal Howard does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations In no event shall Cindy Luneal Howard be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Cindy Luneal Howard's Internet site, even if Cindy Luneal Howard or a Cindy Luneal Howard authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata The materials appearing on Cindy Luneal Howard's web site could include technical, typographical, or photographic errors. Cindy Luneal Howard does not warrant that any of the materials on its web site are accurate, complete, or current. Cindy Luneal Howard may make changes to the materials contained on its web site at any time without notice. Cindy Luneal Howard does not, however, make any commitment to update the materials.

6. Links The inclusion of any link does not imply endorsement by Cindy Luneal Howard of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications Cindy Luneal Howard may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. 8. Governing Law Any claim relating to Cindy Luneal Howard's web site shall be governed by the laws of the State of Arkansas without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to me. Accordingly, I have developed this Policy in order for you to understand how I collect, use, communicate and disclose and make use of personal information. The following outlines my privacy policy. Before or at the time of collecting personal information, I will identify the purposes for which information is being collected. I will collect and use of personal information solely with the objective of fulfilling those purposes specified by me and for other compatible purposes, unless I obtain the consent of the individual concerned or as required by law. I will only retain personal information as long as necessary for the fulfillment of those purposes. I will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. I will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. I will make readily available to customers information about our policies and practices relating to the management of personal information. I am committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. 

Site Usage, Conditions & Terms

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*In home or private studio personal training in Northeast Arkansas by appointment only.
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