DECLARATIONS: This Agreement is entered into between personal trainer, Octavio Quintero , Assistance & Mentors (“Trainer”) and the undersigned (“Participant”). The provision of private, online & seminar training services by Trainer to Participant and Participants use of any premises, facilities or equipment are contingent upon this Agreement.
ONLINE TRAINING: Trainer and all its web sites provide this web site as a service to Participant. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and/or up-to-date.
The information contained within the The Art of JKD website is provided for general information purposes only. It is provided to assist you in your martial arts training. It is NOT a substitute for or an addition to any advice given to you by your doctor or physician, and does not constitute legal or other professional advice on any subject matter. Prior to undertaking in any physical activity, you should consult with your Doctor or Physician. The Art of JKD and its web sites do not accept any responsibility for any loss which may arise from reliance on information contained on this site and during the course of live video training with Trainer. Permission is not given for the downloading and temporary storage of one or more of these pages for the purpose of sharing to any social, video media platforms. The contents of this site are protected by copyright under international conventions and, apart from the permission stated, the reproduction, permanent storage, or retransmission of the contents of this site is prohibited without the prior written consent of Trainer, The Art of JKD and its web sites.
This web site and its contents are provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Video training content is provided for practice purposes only. Avoid hurting yourself or other people. Only use martial arts techniques to defend yourself in extreme situations. Note that there may be variances when comparing this video content to content taught in class. Instructors may alter, enhance, or expand upon this material as they see fit.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer & Assistants from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts.
You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
TRAINER BILLING POLICIES:
- PRIVATE LESSONS: The Art of JKD (Trainer) invoices its Personal Training clients on a pre-pay basis. Statements are issued directly to a client by a Trainer and are due upon receipt. The Art of JKD Trainers work on a scheduled appointment basis. In order for us to effectively schedule time, we ask that clients give Trainers a 24-hour notice when canceling an appointment. This means that a cancellation should be made at least 24 hours prior to the scheduled appointment to avoid cancellation charges. Training sessions canceled inside 24 hours of the scheduled appointment will be billed at the normal rate of a single session to the client. No more than 1 (one) session may be missed during each month of training. Upon missing a scheduled session, the client is given the chance to reschedule the session, paying the additional cost for time & room space, at an agreed upon time with the Trainer. Rescheduled training sessions must be made up within 5 days, otherwise they are forfeited.
- ONLINE PROGRAM: Once you’ve committed payment and subscribed to The Art of JKD Online Program you have 24hrs if you wish to cancel your subscription of the payment made. After 24 Hours, there are no refunds and therefore forfeit the payment initially made for the subscription.
- SEMINARS: are under billing agreements at the time of pre-payment through a 3rd party Host. If The Art of JKD directly hosts the Seminar, the participant has 48 hours from the time of payment submission to cancel reservation.
FILMING & PHOTOGRAPHY: Events are recorded & photographed for archive purposes but may also be used for promotional use. Trainer; The Art of JKD – Total Balance footage and photographs are held to a high standard. Footage & photographs are owned by Trainer, The Art of JKD. If you’d like a copy of a photograph, you may ask the host of the seminar permission to release it. You further acknowledge that Trainer, The Art of JKD – Total Balance has the sole right to display, perform, exhibit, distribute, transmit, or broadcast photographs, film or tape by any means.
REPRODUCTION OF MATERIAL: Permission is not given to record, photograph and share to any social media, video media platforms, live methods & materials during the course of any event, lesson & sessions from Trainer. Training methods & materials shown during lessons, sessions & events solely belong to the owner of The Art of JKD – Total Balance (Trainer) Octavio Quintero. Reproduction, distribution, republication, and/or retransmission of material & methods shared & contained within events, lessons, websites are prohibited unless the prior written consent of Trainer, Octavio Quintero The Art of JKD-Total Balance, has been obtained.
I have read the aforementioned and understand and accept these policies as they relate to Personal Training session, Online Lessons & Seminar Training procedures with Trainer, The Art of JKD – Total Balance, assistants and mentors. I also agree to abide by the agreement between The Art of JKD – Total Balance and its Trainers that all fees for training services provided during training will be paid directly to Trainer, The Art of JKD – Total Balance.