In consideration of my being able to participate in a Personal Training , I understand that I must purchase a single or package of training session(s) and must read, agree to and sign this agreement where I assume the risks for participation, waive of liability, and personal training policies and procedures.

I understand that the program is voluntary and that a Personal Trainer will develop and guide me through my exercise program.  I will be required to undergo a graduated exercise test (fitness evaluation) to assess my present level of fitness.  I represent that I will complete the Lifestyle Questionnaire and any other health history form accurately and completely including disclosure of any prescribed medications I am taking and any exercise or diet limitations I am aware of or have been informed of by my doctor.  During the program, if my medications, condition, or medical limitations should change, I will notify the Trainer.  I understand that it is recommended that I have a yearly physical or more frequent physical examination and consultation with my physician as to physical activity and diet so I am aware of what is appropriate for me.  I acknowledge that I have either had a physical exam and have been given my physician’s permission to participate or I have decided to participate without the approval of my physician.

I understand that Juan Martinez and Amanda Bowker will review my Lifestyle Questionnaire and any other health history form but that a Juan Martinez and Amanda Bowker is not a physician and cannot replace the advice and expertise of a physician.

I understand that I have the complete right to stop or decrease exercise at any time during a session and that it is my obligation to inform the Trainer of any symptoms such as fatigue, shortness of breath or chest discomfort.
I realize that participation in the program including but not limited to exercising, the use of exercise equipment and strenuous exertion (strength training) all of which increase heart rate and body temperature.
I understand that exercise involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death.  Also, injuries could occur to bones, joints or muscles.  Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injuries.  I understand that part of the damages resulting from or arising from my participation in any activities including but not limited to exercise, personal training or use of the equipment including any injuries and damages caused by the negligent act or omission of any of those persons or entities mentioned above.

Personal Training Policies and Procedure

1.     Package sessions are non-refundable.
2.     Package sessions must be paid in full and are scheduled at the time of sign-up.
3.     Package sessions must be used within six months of the purchase date.
4.     The client must give 24 hours advanced notice, less than 24 hours or a no-show will result in a charge to the package session.
5.     PAR-Q, Lifestyle Questionnaire, Physician Approval (if applicable), and Personal Training Agreement must be completed, signed, and on file prior to the beginning of the first session.
6.     Training sessions will begin promptly at the time specified by the client and trainer and end one hour from that specified time.

I declare that I have read, understand, and agree to the contents of this Personal Training Agreement in its entirety.  I understand that the Assumption of Risk, Waiver of Liability, and Personal Training Policies and Procedures are intended to be as broad and inclusive as permitted by the State of Texas and agree that if any portion is held invalid, the remainder will continue in full force and effect.

I affirm that I am entering a course or instruction in physical fitness and/or performance training and/or nutritional consultation. By enrolling in this course I certify that I am cognizant of all of the inherent dangers of physical fitness and therapy, nutrition and diet changes, and the basic safety rules for activities connected herewith.

I understand and agree that neither The Diet Doc, LLC, West Texas Strength, LLC, nor its owners, operators, agents, or instructors may be held liable in any way for any occurrence in connection with my physical fitness and performance or nutrition/diet changes, which may result in injury, death, or damages to me or my family, heirs, or assignees. I further acknowledge and forever release The Diet Doc, LLC, West Texas Strength, LLC, and its owners, operators, agents, and instructors in connection directly or indirectly with my physical fitness training and therapy and nutrition/diet changes as a result of The Diet Doc, LLC, West Texas Strength LLC, its owners, operators, agents, and instructors own negligence, which may result in injury, death, or damages to me or my family, heirs, or assignees.

In consideration of being allowed to enroll in this course I hereby personally assume all risks connected with the course, and I further release The Diet Doc, LLC, the instructors, program, agents, and operators, including but not limited to the persons mentioned for any injury  or damage which may be incurred by me while I am enrolled in the fitness or performance course and nutrition/diet programs, including all risks connected therewith, whether foreseen of unforeseen; and further to save and hold harmless the program and persons from  any claim by me, or my family, estate, or heirs, or assignees, arising out of my enrollment and participation in this course.

I further state that I am of lawful age and legally competent to sign this aforementioned release; that I understand that the terms herein is contractual and not a mere recital; and that I have signed this document as my own free act.

I have fully informed myself of the contents of this aforementioned and release by reading it before I sign it, I have been advised to submit at my own expense and time, to a medical examination to ensure myself, and assume my own responsibility of physical fitness and capability to perform under the normal conditions of the fitness and therapy program and/or nutrition/diet program, and am physically fit as tested by medical examination. I also understand that the owner reserves the right of membership.

I agree that I am purchasing an elite personal training program (nutrition and training) and/or a consulting program (nutrition, training, or both), which requires skill and assessment of professional staff.  I understand that customized programming is being created solely for me. Due to the proprietary and intellectual property involved, refunds will not be issued.

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I am aware that computer e-mail, texts, and e-fax communication, can be relatively easily accessed by unauthorized people and hence can compromise the privacy and confidentiality of such communication. I understand that e-mails, texts, and e-faxes, in particular, are vulnerable to such unauthorized access due to the fact that servers or communication companies may have unlimited and direct access to all e-mails, texts and e-faxes that go through them and while data on The Diet Doc, LLC, staff computers and electronic devices. I understand it is always a possibility that e-faxes, texts, and e-mail can be sent erroneously to the wrong address and computers and that unencrypted e-mail or texts provide as much privacy as a postcard. I agree not to communicate any information to my consultant that I would not want to be included on a postcard that is sent through the Post Office.  I understand that e-mail messages on my computer, my laptop, tablet, phone or other devices have inherent privacy risks – including when my e-mail access is provided through my employer or when access to my e-mail messages is not password protected.

I understand that e-mails, faxes, and texts are all part of my clinical records and that phone messages are transcribed and sent via unencrypted e-mails.

I understand that I can decide to avoid or limit, in any way, the use of e-mail, texts, cell phone calls, phone messages, or e-faxes by notifying The Diet Doc, LLC or West Texas Strength LLC.  I understand that if I communicate confidential or private information via unencrypted e-mail, texts or e-fax or via phone messages, it will be assumed that I have evaluated the risks and made an informed decision and The Diet Doc, LLC and West Texas Strength, LLC will view it as my agreement to take the risk that such communication may be intercepted, and my desire to communicate on such matters will be honored.