I hereby agree to accept and be legally bound by this Personal Training Contract. By checking this document, I attest, contract, acknowledge, and agree that I am legally bound by its content. This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at www.modeltrainers.com. We may amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting. These Terms & Conditions were last updated on 4/7/2009.
TERMS AND CONDITIONS MAY CHANGE WITHOUT NOTICE AT ANY TIME
OUT OF TOWN APPOINTMENTS WILL BE CUSTOM PRICED.
RESERVATION POLICY: If reservation is made, due to the personal nature of this business, an extremely booked schedule, and time constraints, reservations can not be cancelled.
CANCELLATIONS: After reservation is made due to the personal nature of this business, an extremely booked schedule, and time constraints, reservations can not be cancelled.
REFUND POLICY: No refunds are allowed due to the personal nature of this business, an extremely booked schedule, and time constraints. In order to keep the costs at a minimum I must maintain these policies. Please make and keep all your reservations and this will yield the discipline to reach your goals.
RELEASE OF LIABILITY (Please Read Carefully)
If I am under the age of 18 years old, I attest that I have full permission of my parents and or legal guardian to obtain information from MODELTRAINERS.COM and or John Gaetano. I have enrolled in a program of strenuous physical activity including, but not limited to walking, running, boxing, yoga, aqua aerobics, massage therapy, weight lifting, bicycling, in-line skating and the use of various conditioning and exercise equipment and facilities designed, offered, recommended, and/or supervised by MODELTRAINERS.COM and or John Gaetano. I hereby affirm that I am in good physical condition and do not suffer from any disability that would prevent or limit my participation in this program.
In consideration of my participation in the program, I for myself, my employees, heirs, assigns, agents, officers, directors, shareholders and co-workers hereby release Barrack's Personal Fitness Training Inc., its employees, heirs, assigns, agents, officers, directors, and shareholders, from any and all claims, demands or causes of action arising from my participation in the program or from any use of the conditioning and exercise equipment and facilities.
I fully understand that I may suffer injury as a result of my participation in the program and I hereby release MODELTRAINERS.COM and or John Gaetano, from any and all liability now or in the future, including but not limited to medical expenses, lost wages, pain and suffering, that may occur by reason of heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries, and any other illness, soreness, or injury, however caused, whether occurring during or after my participation in the program or use of the conditioning and exercise equipment and facilities, regardless of fault.
I attest, contract, acknowledge, and agree that I am legally bound by its content.
INFORMED CONSENT FOR AN EXERCISE TEST
EXPLANATION OF THE EXERCISE TEST: I understand that I MUST perform an exercise test with my physician and present any program designed by MODELTRAINERS.COM and or John Gaetano before starting any and all exercise, cardio, and diet programs to my physician and dietician. The exercise intensity will change throughout the course of the evaluation. You may stop the test at any time because of signs of fatigue, changes in your heart rate, and/or blood pressure. I understand that I may stop whenever I wish because of feelings of fatigue or any other discomfort.
ATTENDANT RISK AND DISCOMFORTS: There exists the possibility of certain changes occurring during the test. They include abnormal blood pressure, fainting, irregular, fast or slow heart rhythm, and in rare instances, heart attack, stroke, or death. I understand that every effort will be made to minimize these risks by evaluation of preliminary information relating to my health and fitness and by observation during testing.
RESPONSIBILITIES OF THE PARTICIPANT: I understand that information I possess about my health status or previous experiences of unusual feelings with physical effort may affect the safety and value of my exercise test. I acknowledge that my prompt reporting of unusual feelings during the exercise test itself is extremely important and that I am responsible for fully disclosing such information whether or not requested by the testing staff.
BENEFITS TO BE EXPECTED: I understand that results obtained from the exercise test may assist in evaluating what type of physical activities I might do with low risk and be used as a guideline for my fitness level progression.
INQUIRIES: I acknowledge that questions about the procedures used in the exercise test or the results of my test are encouraged. If I have any concerns or questions, I understand that I should ask for further explanations.
FREEDOM OF CONSENT: My permission to perform this exercise test is voluntary. I understand that I am free to stop the test at any point, if I desire and I give consent to participate in this test.
I attest, contract, acknowledge, and agree that I am legally bound by its content.
PRICING AND PAYMENT: I acknowledge and agree that this Personal Training Contract is not transferable or assignable. I acknowledge that payment is required for blocks of sessions in advance of actual training sessions. I agree to pay in advance for training sessions. I understand this money is not refundable. I understand this contract and the term it presents is for the purchase of sessions and any other purchase of services in the future. I acknowledge that this specific contract, release of liability, consent, and agreement is continuously valid indefinitely. No refund will be granted for sessions that have not been completed. I understand MODELTRAINERS.COM and or John Gaetano has the right and the authority to terminate the program at any time, with no refund, if I do not follow the program or fail to conduct myself in an appropriate manner.
I attest, contract, acknowledge, and agree that I am legally bound by its content.
CANCELLATION AND LATENESS: I acknowledge that appointment times may NOT be cancelled and will be charged for as my business does not have the infrastructure to handle cancellations. Please do call though to cancel (voicemail will record date/time). I understand that I will not receive a refund for missed appointments. It is my responsibility to attend my personal training or phone appointments when they are scheduled.
I understand that appointments will begin and end promptly as scheduled. I acknowledge that any delays to the start of a scheduled appointment will not be a cause of extend provided service beyond the remainder of the scheduled time. I will not expect or ask my trainer to run overtime. I understand that if I am 15 minutes late my session will be canceled and I will be charged for that session. I understand that sessions will run approximately one hour unless otherwise stated. I acknowledge that a delay to a scheduled session cannot change the session status to anything else except a whole session. I understand that there are no half sessions because of any delay.
I hereby agree to accept and be legally bound by this Personal Training Contract. By checking this document, I attest, contract, acknowledge, and agree that I am legally bound by its content.
RESULT: Results are never guaranteed and may fluctuate greatly due to genetics, sleep, diet, intensity, ate, cardio habits, exercise habits, etc.
INDEMNIFICATION: YOU AGREE TO INDEMNIFY MODELTRAINERS.COM and or John Gaetano, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE MODELTRAINERS.COM SERVICES OR IN CONNECTION WITH THE MODELTRAINERS.COM WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
VENUE: You agree that any legal action involving MODELTRAINERS.COM and or John Gaetano will take place in El Paso, TX, United States Of America and will never take place in any other location unless John Gaetano deems this a necessary action.
Chef Roberto Cortez Inspired Meal Plans Defined: Only some of the totality of all meal plans will be created by Chef Roberto Cortez.
CUSTOM WORKOUT PLAN: The “ANIMATION” is in no way or intended to exemplify the actual workout charts you will receive.
PHOTOGRAPHS: www.modeltrainers.com will own the rights to use any photographs or videos or any advertising materials in any fashion for any type of self promotion for an indefinite period.
Resiprocity: If said person, person, group, or organization signs up at http://www.modeltrainers.com/ecofitnesscamps/ or anywhere on Modeltrainers.com, Modeltrainers.com then agrees to sponsor (does not charge a monetary sum) or even if sums were charged, any individual or group, said person or persons with any advice, workout plans/advice, conversation, text advice, phone advice, email advice, wisdom, GaetanoU.com book recommendation (this enters said person as a GaetanoU.com student and may be advertised as such), said person, persons, groups, or organizations will exhibit reciprocity it that Modeltrainers.com and or GaetanoU.com will promote said businesses (Modeltrainers.com and or GaetanoU.com) in any fashion deemed necessary by http://www.modeltrainers.com signing 7 days of request. Not excluding person, persons, groups or organizations providing testimonials, photos, videos, marketing opportunities, and promotion in all fashions utilized to further the monatery value and good reputation of (Modeltrainers.com and or GaetanoU.com). Said person, persons, groups, or organizations sponsored by, paying or not paying monetarily Modeltrainers.com and or GaetanoU.com agree to never slander much less even utter as much as one word that can be construed as derogatory towards John R Gaetano or Modeltrainers.com and or GaetanoU.com indefinitely but instead is only allowed to never regurgitate as much as one word spoken between the two parties but may speak well of at anytime.
PHYSICIAN AND DIETICIAN: you agree to consult with your physician and dietician before starting any fitness program and or diet program or you agree never to start a ModelTrainers.com Program. You understand that Model Trainers will offer example/templates of diets and workouts but it is your responsibility to follow only what your dietician, physician, and legal guardians recommend.
APPOINTMENT TIMELINESS: Due to an extremely tight schedule and in an effort to keep costs under control, please be exactly on time with your appointments. I reside in the Mountain Time Zone MST. Los Angles 5:00 AM, John Gaetano in El Paso, TX
6:00 AM, Kansas City, MO 7:00 AM, Philadelphia, PA 8:00 AM.
LINKS: any and all website links are not endorsed by John Gaetano or www.modeltrainers.com and as such you release John Gaetano and ModelTrainers.com from any and all liabilities that may be associated with these separate entities.
VIDEOS: Only an indefinite part of the totality of all video will be provided by onefitbod.com and you agree to hold John Gaetano and Model Trainers harmless as to any outcome you perceive have come from said instructional videos or from any injuries that may occur from exercising as said videos may or may not instruct you to do..
COMMUNICATIONS COSTS: All costs incurred by our communications are sole responsibility of you the customer and you will never hold John Gaetano and ModelTrainers.com for any monetary damages.
HOMEPAGE: The model portrayed on the www.modeltrainers.com homepage is a purchased stock image and does not represent what you may or may not look like after partaking in said fitness program.
ABOUT ME: The results that I espouse on www.modeltrainers.com are very common but when I am there personally training my clients. The online fitness program can yield the same results but may be more difficult to achieve as I am not there personally to adapt your routine on a minute to minute basis. All testimonial persons are attesting to a “CONCEPT” and not to said person or business and in such will be held harmless from all liabilities. You agree to this buy purchasing said fitness program.
CATALOGUE: All clients on this page were either trained by me personally, online, over the phone, were given my program through various means including following various Muscle Media workouts.
SERVICES: FLY IN TOWN SPECIAL FOR PAGEANTS AND SWIMSUIT COMPETITIONS: There are elements and personal that are out of my control and may need to be cancelled at any time during this service including dietician and swimsuit expert but I will make every effort to replace these elements if need be and if this is not possible I will refund you $50 per missing element at my discretion. You agree to never hold John Gaetano or ModelTrainers.com liable or responsible for any situation that may arise from traveling to and from El Paso, TX.
RSVP: this information will be kept very confidential and will never be shared. The information provided does not GUARANTEE results expected or implied.
CONTACTS: I am planning on my headquarters for all of my businesses to be located at Fashion Square 7150 East Camelback Road Suite 444 Scottsdale AZ 85251 but have not as of 9.2.09 signed the contract to do so with www.regus.com.
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Your Privacy Rights - Last Updated: June 24, 2009
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, and telephone number, and in addition, for Service Professionals, your credit card number and other personally identifiable information. We also may request information about your interests and activities, your gender and age, and other demographic information
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other MODELTRAINERS.COM businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
- Information about others. We may also collect and store personal information about other people that you provide to us. If you use our website to send others (friends, relatives, colleagues, etc.) information that may interest them through our system, we may store your personal information, and the personal information of each such recipient
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional [or other] e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, MODELTRAINERS.COM companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
How we use the information we collect
In general. We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister MODELTRAINERS.COM companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals
- enforce our terms and conditions;
- manage our business and
- Perform functions as otherwise described to you at the time of collection.
Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
Job applicants. If your personal information is submitted through our website when applying for a position with our company, the information will be used solely in connection with considering and acting upon your application. We may retain your personal information for a period of time, but only for the purpose of considering your application for current or future available positions. This information may be shared with our sister MODELTRAINERS.COM companies for the purpose of evaluating your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.
Please review "Your choices about collection and use of your information" below.
With whom we share your information
we want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them, subject to contractual confidentiality restrictions, in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, MODELTRAINERS.COM may share your service request activity information with such partner. We may also release information to collection and/or credit agencies for past due Service Professional accounts.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you. If you prefer not to have us share your postal mailing information with these selected providers, you can notify us at any time by emailing us at firstname.lastname@example.org
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our MODELTRAINERS.COM sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising. For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
Your choices about collection and use of your information
- You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our website because such information may be required in order for you to register as a member of our contractor network; to use our services; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our website.
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at email@example.com.
How we protect your personal information
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. We use firewalls to help prevent unauthorized persons from gaining access to your personal information.
We want you to feel confident using our website to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Please refer to the Federal Trade Commission's website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
Blogs, bulletin boards, reviews and chat rooms
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
No Rights of Third Parties
How to contact us
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
© MODELTRAINERS.COM all rights reserved.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the MODELTRAINERS.COM companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- If the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is firstname.lastname@example.org
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Always check with your doctor before beginning a new workout regimen.
I agree to participate in Eco Fitness Camps. I recognize that exercise is not without varying degrees of risk to musculoskeletal and/or cardio respiratory systems. I hereby certify that I know of no medical problems that would increase my risk of illness and injury as a result of participation in a fitness program designed by Eco Fitness Camps. I understand and have been informed that there exists the possibility of ad- verse changes during the exercise program. I have been informed that these changes could include abnormal blood pressure, fainting, and disorder of heart rhythm, stroke, and very rare instances of heart attack or even death. I agree to waive, release, remise and discharge Eco Fitness Camps and its agents, officers, principals and employees of any and all claims, demands, actions or damages of any kind resulting from participation in Eco Fitness Camps. The undersigned hereby releases Eco Fitness Camps as well as waives any and all claims and understands and assumes any and all risk with participation in Boot Camp Fitness.