Informed Consent, Release of Liability & Program Policies

Service Definitions.

​​"Session" is defined as an in-person trainer-led time period in which the trainer provides exercise instruction, nutrition consulting, body composition measurement, or any combination thereof to a client.

"One-on-one session" is defined as a session in which the trainer provides services to a single client

"Two-on-one session" is defined as a session in which the trainer provides services to two clients during one session

"Small group session" is defined as a session in which the trainer provides services to three or greater clients during one session.

"Body composition" is defined as a period in which the trainer provides services to a client to measure their current body composition via Inbody device, calipers, girth measurements, scale weight, or any combination thereof.

Session Length. Each session will last for approximately 55 minutes from the agreed upon and scheduled start time, unless otherwise agreed upon in advance. Session length may be modified to shorter than 55 minutes if program needs or client health status dictates a shorter session time. Sessions are not extended for late arrivals.

Session Purchases. Sessions must be purchased in advance of appointment times in order to guarantee a timeslot. Session purchases allocate session credits on your account for use on future dates with the schedule agreed upon during consultation. Each session attended results in a session credit deduction. No refunds are granted for attended sessions.

Open Gym Access. Open gym access is offered to current clients of Volition Fitness only and is subject to terms of service as follows:

Open gym access is provided free of charge as part of your sessions at Volition Fitness. It is only assigned to clients attending 1x session of in-person personal training weekly, and may not be purchased separately. This membership privilege is revoked when in-person sessions are discontinued.

There is no monetary value assigned to this service, and it may be revoked at any time, for any reason, and is offered without warranty.

Open gym access sessions must be booked 24 hours in advance of anticipated use. All bookings are subject to staff approval and availability. Limited bookings are offered due to facility occupancy restrictions, and are offered on a first come, first served basis.

Open gym access sessions are booked by the client, and are non-recurring. Client must use the Mindbody app to book all sessions; staff is unable to book sessions for clients. No guarantee of availability is provided.

Open gym access sessions are booked in one hour blocks. Clients may utilize the facility as needed, with a maximum session time of 2 hours. This time period may not begin or end after business hours. All booked sessions are immediately blocked out and become unavailable on the app. If sessions are blocked out, they may not be requested, no exceptions.

All open gym access members are expected to treat the facility with care, caution, and respect. This includes replacing all equipment after use, using equipment only for its intended purpose, and making economical use of time in the facility. Spotting equipment must be used as necessary. Equipment designated for specific purposes (competition equipment, deadlift or squat specific bars, etc.) must not be used for non-designated purposes.

All equipment must be sanitized after use with the provided cleaning products/stations. The provided cleaning products are skin-safe and food grade for maximum individual tolerance; Volition Fitness does not accept responsibility for any health issue, injury, or harm that arises from utilization of these products. Please wipe down vinyl surfaces, metal surfaces (including bars), and any other non-electronic surfaces. Do not spray cleaner directly on equipment; spray onto towels provided and wipe a light layer on each surface (air dry is necessary for sanitization/disinfecting).

Cancellation Policy. We adhere to a strict 24-hour cancellation policy. If you must cancel a session, please give us at least 24 hours notice. You will have space reserved on our schedule, and we want to ensure that you have the preferred time and day. When you cannot attend a session, we want to have the ability to reschedule in that block of time and/or reschedule your session in order to maintain consistency. Each trainer will use his or her discretion on whether or not he or she charges you for a late-canceled or missed session, however official policy is to deduct that session from your account when a session is canceled or missed without 24 hours notice. If you have no sessions remaining on your account, we will charge your on-file credit card or invoice for the late-canceled or missed session for the then-current rate for a single session with no package commitment.

Late Arrivals. If you arrive to a session more than 10 minutes late, that session will be forfeited, and we will deduct that session from your account. We must abide by this policy to ensure we are prepared for the next client.

Referral Program. If you refer a new client to us, such as a friend, family member, co-worker, and that person purchases a package of 12 sessions or more, then you will receive a one-time one session credit on your account.

Refund Policy. Sessions are valid for one year from the date of purchase, unless otherwise specified. Sessions will not be refunded unless you can document a medical condition or non-elective medical procedure that prevents you from using your sessions during the valid period. This documentation must be provided by a physician and include a statement that you are unable to participate in any exercise program. Most medical situations, including injuries, procedures, surgeries, and numerous other conditions not listed here, do not provide complete exemption from physical training programs. Management reserves the right to approve some refunds. Completed sessions will not be refunded, no exceptions. Credit card payments will be issued credit back to the originally charged card, less a ten-percent fee. Checks will be made payable to persons who issued the check or paid in cash, less a ten percent fee. No cash refunds.

As used herein, the term “Volition Fitness” means Volition Fitness Group LLC, Volition Fitness (as an assumed business name) and their respective members, owners, officers, directors, shareholders, partners, principals, employees, contractors, trainers, instructors, landlords, spouses, servants, agents, representatives, predecessors, affiliates, subsidiaries, partnerships, limited partnerships, trusts, joint operating trusts, parent companies, firms or corporations, successors, trustees, beneficiaries, transferees, heirs, devisees, attorneys, and assigns.

For and in consideration of being permitted (a) to participate in activities and programs offered by Volition Fitness, including personal training, and (b) to use Volition Fitness facilities and equipment (the “Activities”) – in addition to the payment of any fee or charge – you, the undersigned:

Represent and warrant that you are in good physical condition and have no impairment, disease, infirmity, illness, or other condition that could prevent you from participating in the Activities. You acknowledge that no one associated with Volition Fitness has given you any medical or health-related advice, and no one associated with Volition Fitness can give you any such advice. You acknowledge that Volition Fitness has encouraged you to discuss any health or medical concerns with a physician or other health professional before participating in the Activities. You acknowledge that Volition Fitness has recommended that you seek frequent physical examination and consultation with a physician as to participation in the Activities and physical activity, exercise, and training in general. You acknowledge that you have either had a physical examination by a physician or other health professional and have been given permission to participate, or you have decided to participate without the approval of a physician or health professional at your own risk.

Acknowledge the existence of and the need for rules and regulations governing participation in the Activities. You agree to comply with Volition Fitness rules and regulations presently in effect, the receipt of which you hereby acknowledge, or as they may hereafter be modified, amended, or supplemented. Volition Fitness reserves the right to modify, amend, or supplement rules and regulations from time to time in its sole discretion.

Acknowledge that participating in the Activities involves an inherent risk of personal injury to you, your guests, your family, and your invitees. YOU VOLUNTARILY AGREE TO ASSUME ALL RISKS OF DAMAGE OR INJURY, INCLUDING DEATH, TO YOU, YOUR SPOUSE, YOUR CHILDREN, YOUR UNBORN CHILDREN, YOUR FAMILY MEMBERS, YOUR GUESTS, AND YOUR INVITEES. YOU – ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR CHILDREN, YOUR UNBORN CHILDREN, YOUR FAMILY MEMBERS, YOUR GUESTS, AND YOUR INVITEES – HEREBY FOREVER RELEASE AND DISCHARGE VOLITION FITNESS FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSS OF SERVICES, EXPENSES, AND COMPENSATION ON ACCOUNT OF, OR IN ANY WAY GROWING OUT OF, ANY AND ALL KNOWN AND UNKNOWN, ANTICIPATED OR UNANTICIPATED, PERSONAL INJURY, INCLUDING DEATH, AND PROPERTY DAMAGE RELATED TO PARTICIPATION IN THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO (A) INJURIES ARISING FROM USE OF EXERCISE EQUIPMENT AND MACHINES; (B) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS; (C) INJURIES ARISING FROM NEGLIGENCE, WHETHER DIRECT OR INDIRECT; (D) INJURIES ARISING FROM THE NEGLIGENCE OF VOLITION FITNESS CLIENTS, GUESTS, AND INVITEES; (E) INJURIES, DISEASE, INFECTIONS, DISORDERS, OR OTHER CONDITIONS RESULTING FROM PARTICIPATING IN THE ACTIVITIES, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES, AND TORN OR DAMAGED MUSCLES, LIGAMENTS, OR TENDONS; AND (F) ACCIDENTAL INJURIES THAT OCCUR WITHIN VOLITION FITNESS FACILITIES OR ON THE VOLITION FITNESS PREMISES. YOU – ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR CHILDREN, YOUR UNBORN CHILDREN, YOUR FAMILY MEMBERS, YOUR GUESTS, AND YOUR INVITEES – FURTHER AGREE AND COVENANT, IN CONSIDERATION OF THE PERMISSION TO PARTICIPATE IN THE ACTIVITIES GRANTED ABOVE, TO NEVER TO FILE ANY CLAIM, LAWSUIT, OR OTHER PROCEEDING, WHETHER JUDICIAL OR ADMINISTRATIVE, AGAINST VOLITION FITNESS FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR OTHER INJURY THAT MAY ARISE OR RESULT FROM PARTICIPATION IN THE ACTIVITIES.

Acknowledge and agree that Volition Fitness will not be liable to you, your family members, your guests, or your invitees for any personal property that is damaged, lost, or stolen while on or around the Volition Fitness premises, including but not limited to vehicles and their contents. You agree that you will be liable to Volition Fitness for any damage to Volition Fitness facilities or any equipment, fixture, or property located thereon caused by you, your family, members, your guests, or your invitees.

Agree to supervise your spouse, your children, your family members, your guests, and your invitees. You further agree that you are responsible for their conduct at all times while they are within the Volition Fitness facility and on the Volition Fitness premises.

Acknowledge and agree that Volition Fitness will not be liable to you, your family members, your guests, or your invitees for any personal property that is damaged, lost, or stolen while on or around the Volition Fitness premises, including but not limited to vehicles and their contents. You agree that you will be liable to Volition Fitness for any damage to Volition Fitness facilities or any equipment, fixture, or property located thereon caused by you, your family, members, your guests, or your invitees.

Agree to supervise your spouse, your children, your family members, your guests, and your invitees. You further agree that you are responsible for their conduct at all times while they are within the Volition Fitness facility and on the Volition Fitness premises.

AGREE TO, AT ALL TIMES, DEFEND, INDEMNIFY, AND HOLD VOLITION FITNESS HARMLESS FROM AND AGAINST ANY LOSS ARISING OUT OF OR BASED ON ANY INJURY, DAMAGE, DEATH, OR OTHER LOSS CLAIMED TO BE CAUSED, IN WHOLE OR IN PART, BY YOU, YOUR SPOUSE, YOUR CHILDREN, YOUR FAMILY MEMBERS, YOUR GUESTS, OR YOUR INVITEES IN THE COURSE OF PARTICIPATING IN THE ACTIVITIES OR THAT OTHERWISE OCCUR ON THE VOLITION FITNESS PREMISES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VOLITION FITNESS IS PERMITTING YOU TO PARTICIPATE IN THE ACTIVITIES IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH HEREIN.

Agree that if any time you experience pain or discomfort while participating in the Activities, you will immediately cease your activity and inform Volition Fitness of your symptoms.