Waiver

Terms of service.

This website is owned and operated by Jamie Straker and/or JS Fitness. By accessing or using my services you acknowledge that you have read, understood, and agree to the following:

JS Fitness Online Class CLIENT AGREEMENT


This Agreement is between JS FITNESS/Jamie Straker (“Trainer”) and you the client, hereafter (“CLIENT"). This agreement covers services as outlined below.
Scope of Services: As described when purchased. Virtual fitness classes on zoom and the replays for the dates and times described in each session, in person group fitness classes, self-lead programming and/or one on one training sessions.

Responsibilities:

1. JS FITNESS
A. Trainer will clearly communicate and delineate the services provided. If services or client goals need to shift, it will be clearly communicated to client in writing. Trainer can be reached by e-mail and will respond to requests within 24 hours.
B. Trainer will customize the experience to clients needs and abilities.
C. Virtual Training: Should the client choose to participate in virtual training, trainer will make available training sessions with the space and equipment that client has available. Client must have access to Zoom.
D. Client will have unlimited access to recordings of classes for up to 6 months after recording date.

2. CLIENT:
A. Client is responsible for creating and implementing his/her own decisions, choices, actions and results. As such, Client agrees that Trainer is not responsible and will not be liable for any action or inaction on behalf of client. Trainer is not responsible for any direct or indirect result of any services provided by the Trainer.
B. Client is responsible for scheduling appointments and providing necessary information to Trainer, this includes any relevant health or medical information that may affect the services provided by Trainer.
C. Cancellation Policy: The Client understands the program is non-refundable. In the event the course must be cancelled by the Instructors, a pro rated share of the program that has been undelivered will be returned to the client.
D. Virtual Training: You are responsible for making sure you have adequate space and equipment to train virtually. It is your responsibility to make sure you can access the internet, and train safely in your location.

Payments: Payment is due before services begin. If there are outstanding payments due services will stop while the payment is outstanding. CLIENT will be notified by email if there is a payment error. If CLIENT is on a payment plan, CLIENT is responsible for keeping the credit card used up to date.

Term: The agreement begins at the time of payment and covers the number of sessions purchased.
Termination of Agreement: The Client shall notify JS Fitness if there is a need to terminate the agreement. Once training has begun, client will be refunded at the discretion of JS Fitness for Program not completed.

Ownership of Materials and Copyright: All of the current and future materials, processes, data, content, programs, all other intellectual property provided to you during the course of our work together remain at all times the sole intellectual and proprietary information of JS Fitness. CLIENT may not copy or replicate, share, distribute or recreate the intellectual property and processes of JS Fitness. All materials received in connection with this Agreement are for CLIENTS SOLE USE.

Governing Law: This Agreement is governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the application of it shall be instituted exclusively in the courts of the Province of Ontario in each case located in Ontario. CLIENT waives any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

Limitation of Time to File Claims: Any cause of action or claim you may have arising out of or relating to this agreement must commence within 1 year after the cause of action accrues otherwise such case of action or claim is permanently barred.

Waiver: No failure to exercise any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Severability: If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Indemnification: CLIENT agrees to indemnify, defend, and hold harmless JS Fitness and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of this Service, information learned or trained on and/ or your breach of this Agreement.

I will hold harmless JS Fitness its agents and assigns from any injury sustained through my use of the information in this site. Always follow the advice of your medical professional before engaging in any exercise program. By continuing to use these services, this program, website and information contained herein I am agreeing to abide by the website terms, conditions, privacy policy, and this waiver. By participating I am voluntarily giving up substantial legal rights including the right to sue JS Fitness.

Warranties: JS Fitness does not warranty or guarantee any particular outcome, result, goals will be achieved.

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.

By entering into this agreement you agree to be bound by and agree to comply with these provisions and are waiving legal rights.