This AGREEMENT is made between the acceptor of this agreement ("Client") and Avalon Army LLC ("Avalon Army"), as well as any of Avalon Army's personal trainers and representatives ("Trainer"). This Agreement contains the entire agreement between the parties hereto as to the subject matter contained herein.
The parties to this Agreement mutually agree as follows:
Avalon Army and its services do not constitute the practice of medical advice, diagnosis, or treatment. Client should always talk to his/her healthcare provider for diagnosis and treatment, including Client's specific medical needs. If Client has or suspects that he/she has a medical problem or condition, Client should please contact a qualified health care professional immediately. If Client is in the United States and experiencing a medical emergency, he/she should call emergency services, such as 911.
Trainer is not a medical professional and does not diagnose medical conditions or impairments. Client agrees to promptly and fully disclose to Avalon Army any injury, condition, or impairment which may have a harmful effect on or be impacted by this training program. Avalon Army's decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the Client shall be conclusive.
Trainer is not a nutritionist or registered dietician. Any nutritional or dietary information supplied by Avalon Army or Trainer is to be considered educational in nature. It does not constitute the practice of medical advice, diagnosis, or treatment. Client should consult a health care professional before making any changes to his/her diet or nutrition.
Client certifies all of the following:
- He/she is physically capable of participating in a strength, flexibility, and aerobic training exercise program and using the equipment associated with such training.
- He/she is over the age of eighteen (18).
- He/she has either (i) had a physical examination and been given a physician's permission to participate in this training program; or (ii) decided to participate in this training program without the approval of a physician.
- This training program will involve physical activity and, as appropriate, use of certain equipment and machinery. Such activities may present a risk of injury or even death. Client voluntarily agrees to participate in these activities and to assume all risk of personal injury, death, and property damage resulting from such activities, use of equipment, machinery, or public or private facilities.
- Client agrees on behalf of him/herself and his/her personal representatives or heirs to release and discharge Avalon Army, Trainer, his/her agents, representatives, successors, and assigns from any and all claims or causes of actions (known and unknown) arising out of this training program including without limitation injury or loss resulting from Client's use of any equipment or facilities which break or malfunction.
- No implied warranties or representations are made other than those expressly contained herein, and this document contains all of the terms of the Agreement between the parties. Trainer expressly notes that results will differ for clients based upon various factors including without limitation: body type, nutrition, etc. and no guarantees of results are possible.
- Any mention of "guarantees" for any program, on this website, or as part of any downloads or program materials refer exclusively to 30 day money-back guarantees, not to guarantees related to results. Results always vary because every person is different and it is not possible to make any guarantees about results.
- Money-back guarantees may be requested for up to 30 days after the purchase of a health program. During these 30 days, 100% of the purchase price will be refunded. After 30 days, there are no refunds and no money will be refunded.
- It is Client's responsibility to keep all account settings and contact information up to date. Out of date information could lead to lost data or missed communications.
- Client may not share his/her membership with any third party.
- A health program may be discontinued by Avalon Army at any time for any reason.
- Client may not assign this personal service contract. Only Trainer may assign this Agreement to a related entity.
- Trainer retains the right to terminate this Agreement for any reason, including without limitation Client's failure to follow direction or Client's conduct contrary to the interests of this Agreement. In the event of Agreement termination, Trainer shall refund to Client the sum associated with any unused sessions (calculated as the total value of the program relative to the amount of time remaining in the program). Refunds will never exceed the total value paid for the program. This Agreement may be executed in duplicate, and a copy shall be considered as effective as an original.
- Client is 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 without distractions.
- Avalon Army and Trainer are not responsible for the safety of facilities or equipment whether provided by Client, Avalon Army, Trainer, or others.
- Please wear appropriate athletic footwear and comfortable clothing to facilitate ease of movement.
- Proper nutrition and adequate rest are essential to this training program, and Client must not be under the influence of drugs or alcohol at any time during training sessions.
- Trainer's determination of methods is conclusive.
- 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. This Agreement shall be construed under Indiana law and shall only be modified by writing signed by both parties.
- Occasionally, affiliate links are included in emails, articles, or other membership content. By choosing to purchase products through these affiliate links, you accepts that Avalon Army and/or its representatives may receive a commission on the sale.
Release of Liability
Client agrees not to participate in this program without a doctor's approval if any of the following statements are true:
- Client has been told by a doctor that he/she has a heart condition and should only perform physical activity recommended by a doctor.
- Client feels pain in his/her chest when performing physical activity.
- In the past month, Client has had chest pain when performing physical activity.
- Client loses his/her balance because of dizziness or ever loses consciousness.
- Client has a bone or joint problem that could be made worse by a change in his/her physical activity.
- Client is a female over 55 years of age or a male over 45 years of age.
- Client's doctor is currently prescribing any medication for blood pressure or for a heart condition.
- Client knows of any other reason why he/she should not engage in physical activity.
CLIENT ACKNOWLEDGMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF BRENDAN RIDENOUR, TRAINER, AND AVALON ARMY LLC. CLIENT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES AND DIETARY/NUTRITION INFORMATIONS INVOLVE THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEART PROSTRATION, KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY HOWEVER CAUSED, OCCURRING DURING OR AFTER CLIENT'S PARTICIPATION IN THE PHYSICAL ACTIVITES. CLIENT FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A CLIENT, SLIP AND FALL BY CLIENT, OR AN UNKNOWN HEALTH PROBLEM OF CLIENT. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY INVOLVED WITH PARTICIPATION IN THE PHYSICAL ACTIVITIES, CLIENT AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYISCAL ACTIVITIES. CLIENT ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND CLIENT AGREES THAT IT IS THE RESPONSIBILITY OF CLIENT TO SEEK COMPETENT MEDICAL OR OTHER PROFESSIONAL ADVICE, REGARDING ANY CONCERNS OR QUESTIONS INVOLVED WITH THE ABILITY OF CLIENT TO TAKE PART IN BRENDAN RIDENOUR, TRAINER, AND AVALON ARMY LLC'S PHYSICAL ACTIVITIES AND DIETARY/NUTRITION GUIDELINES. BY ACCEPTING THIS AGREEMENT, CLIENT ASSERTS THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES. CLIENT ACCEPTS FULL RESPONSIBILITY FOR THEIR OWN DIETARY AND NUTRITIONAL CHOICES, AND AGREES TO A FULL RELEASE OF LIABILITY OF BRENDAN RIDENOUR, TRAINER, AND AVALON ARMY LLC FOR ANY DIETARY AND/OR NUTRITIONAL INFORMATION RESULTING FROM CLIENT'S PARTICIPATION IN AVALON ARMY LLC'S HEALTH PROGRAMS. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY FOR NOT EXCEEDING HIS OR HER PHYSICAL LIMITS.
Testimonial and Photo Release
In consideration of good and valuable consideration, Client hereby grants to Avalon Army and its trainers and agents the right to use his/her name, biographical information, photographs, images, story and/or testimonial, in whole or in part, and without restriction as to changes or alterations. The rights granted herein shall extend in perpetuity, unless revoked in writing to Avalon Army by Client, throughout the world and for any purpose whatsoever, including without limitation for marketing and advertising purposes of Avalon Army, and in any and all media, including without limitation Avalon Army's family of websites. Client acknowledges that Avalon Army has no obligation to return any photographs or images to Client.
Client agrees to hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by Avalon Army, including without limitation any and all claims for libel or invasion of privacy.
Client hereby warrants and represents that he/she is at least 18 years of age and has the right to contract in his/her own name. Client has read the above Release and is fully familiar with the contents thereof.