terms and conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF BODY SHEPHERD’S SERVICES, PRODUCTS, & WEBSITE.
Personal training services are provided by D & A DESIGN OF OHIO LLC, Doing Business As (DBA) “Body Shepherd.” These terms and conditions apply to all Body Shepherd clients.
By using our services, products, and website you agree to these Terms and Conditions of use. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By using this Website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms and Conditions, you should not use our services, products, or website, and, if applicable, not renew your plan with us. If you don’t agree to the Terms and Conditions, please do not use Body Shepherd services, products, or website.
Payment for Body Shepherd services and products are due before each appointment. If purchasing in-person training at the Wyoming, Ohio Recreation Center, payment is made through their MINDBODY app. Otherwise, payments are made to Body Shepherd via credit card.
We require 24 hours advance notice of cancelation for your personal training appointment. Notice can be sent by phone call, email, or text message. Body Shepherd is closed for holidays.
All services are not transferable, refundable, or returnable. Body Shepherd does not offer refunds in any part or whole for any and all purchases. However, you can cancel a plan at any time with 24 hours advance notice before your next appointment.
Notwithstanding any of these Terms and Conditions, Body Shepherd reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use its services or the website and to block or prevent future access to its services or the website. You agree that Body Shepherd shall not be liable for any termination of your use of or access to the gym, it’s services or the website.
Training Sessions and Appointments
• Each session shall consist of a scheduled appointment based on 45 minutes in the privacy of the fitness center, the privacy of your home, or at a mutually agreed upon location. You are reminded that distractions such as children, telephones, etc., may affect consistent efforts and results. To get the most out of each session, please be ready to exercise at the appointed time.
• You must notify the Personal Trainer of cancellation twenty-four (24) hours prior to scheduled appointment. NOTE: You will be charged for the session if less than twenty-four (24) hours’ notice of cancellation is given.
• If the you are more than 15 minutes late, without a courtesy notice to the trainer, the session is considered forfeited and Body Shepherd may leave the premises where the session was to be held.
• Body Shepherd is not responsible for the safety of facilities or equipment whether provided by you or others.
• Please wear appropriate athletic footwear and tasteful, appropriate, comfortable clothing to facilitate ease of movement.
• Proper nutrition and adequate rest are essential to this training program and you must not be under the influence of drugs or alcohol at any time during the training Session.
• Personal training requires a certain amount of physical contact between the trainer and you to ensure proper technique. This is called “cueing” and a Body Shepherd trainer will always ask for your consent before using physical touch/cueing during a training session. You are always in full control of this preference, and can ask for no cueing at any time.
• Body Shepherd’s determination of methods is conclusive, though your questions are welcome.
• The failure to strictly enforce any provision of this Agreement shall not constitute a waiver of any right to subsequently enforce this Agreement. All provisions shall be deemed severable and the inability to enforce any provision shall not affect the other provisions.
If you are planning to become more physically active than you are now, start by answering the eight questions below. If you are between the ages of 15 and 65, the Physical Activity Readiness Questionnaire (PAR-Q) will tell you if you should check with your physician before you start. Common sense is your best guide when you answer these questions.
Please read the questions carefully and answer each one honestly:
- Has your doctor ever said that you have heart trouble AND that you should only do physical activity recommended by a doctor?
- Do you ever have discomfort or pains in your chest when you do physical activity?
- In the past month, have you had chest pain when you are NOT doing physical activity?
- Do you lose your balance because of dizziness or do you ever lose consciousness?
- Has a physician ever told you that you have a bone or joint condition that might be made worse with a change in your physical activity?
- Is your doctor currently prescribing drugs (for example water pills) for your blood pressure or heart condition?
- Are you over the age of 65?
- Do you know of any other physical reason(s) not mentioned here why you should not participate in an exercise program even if you wanted to?
If you answered YES to any of the above questions, Body Shepherd requires that you consult your personal physician and return a completed Physician’s Clearance Form before you participate in any activities. If you answered NO to all the questions, you can be reasonably sure that you can start becoming much more physically active.
In consideration of being allowed to participate in activities and programs of Body Shepherd and use of it’s equipment, and machinery in addition to the payment of any fee or charge, you do hereby waive, release and forever discharge Body Shepherd and its officers, agents, employees, representatives, executors, and all others from any and all responsibilities or liability for injuries or damages resulting from your participation in any activities or your use of equipment or machinery. You do also hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to yourself, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf in any way arising out of or connected with your participation in any activities of Body Shepherd or the use of any equipment.
You understand and are aware that strength, flexibility, high-intensity circuit training, and aerobic exercise, including the use of equipment, is a potentially hazardous activity. You also understand that fitness activities involve risk of injury (including but not limited to musculoskeletal injury, spinal injuries, abnormal blood pressure responses, and, in rare instances, heart attack) and even death and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of dangers involved. You hereby agree to expressly assume and accept any and all risks of injury or death.
You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent your participation in any of these activities and programs of Body Shepherd or use of equipment or machinery except as hereinafter stated. You do hereby acknowledge that you have been informed of the need for a physician’s approval for your participation in an exercise/fitness activity or in use of exercise equipment machinery. You also acknowledge that it has been recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise, and use of exercise and training equipment so that you have recommendations concerning these fitness activities and equipment use. you acknowledge that you have either had a physical examination and have been given permission to participate, or that you have decided to participate in activity and/or use of equipment and machinery without the approval of my physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.
You understand that it is dangerous to get off and on of a moving treadmill, and that some forms of training are high-intensity circuit training with short recovery periods. You understand that this could be part of a Body Shepherd program designed for you, and you accept the risk of any and all injury that may come from doing this. If you fall or get injured from getting on and off a moving treadmill, elliptical or bike you do hereby release Body Shepherd from any and all liability.
You give consent for Body Shepherd to use photos and videos of you in any marketing of the company. You have the option to request that your face not be shown in photos or videos that promote Body Shepherd.
All information from Body Shepherd and BodyShepherd.com is for those 18 and older, or are doing so with parental consent. Body Shepherd and BodyShepherd.com are not medical advisors and are not meant or qualified to treat any medical or health conditions. The author of this plan is not a doctor, dietician, or nutritionist. All the information is intended for healthy individuals who know that it’s Body Shepherd’s recommendation that you consult a doctor, physician, or healthcare provider before starting any diet and exercise plan or making any changes to your current diet and exercise plan. Any and all recommendations should be discussed between you and your doctor and at the choice and risk of the reader. Body Shepherd and BodyShepherd.com are for informational and educations purposes. The application of the information is at the sole risk of the reader. You do hereby waive, release, and forever discharge D&A DESIGN OF OHIO LLC, doing business as Body Shepherd and BodyShepherd.com and it’s officers, agents, employees, representatives, executors, and all others from any and all responsibilities or liability for any and all injuries, damages, expense, and lawyers fees resulting from your use of BodyShepherd.com, any of the recommendations, or your violation of these terms and conditions.
Body Shepherd and BodyShepherd.com make NO WARRANTY. No warranties of any kind, expressed, or implied included but not limited to nutrition, exercise, or merchantability.