DISCLAIMER & WAIVER OF LIABILITY

Although I, Coach Josef, strive to ensure that you have a safe, healthy, and empowering experience, there are a few things to note before engaging in any physical or mindset coaching session with me.

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. READ IT CAREFULLY AND COMPLETE THE REQUIRED INFORMATION

I, the member/participant, am aware that there are risks associated with participating in fitness activities and exercise. My participation is completely voluntary, and I freely accept and fully assume responsibility for all risks, and all possibilities of personal injury, death, property damage or loss to myself or any other person as a result of my participation in fitness activities. 

I and my heirs, next of kin, executors, administrators, and assigns: 

  • understand and agree that I am to consult my physician, or medical professional, regarding my safe participation in exercise and nutrition counselling, prior to starting my program with Josef Serfaty, Suzanne Serfaty, and CLG Fitness.

  • understand and agree that I may, at any time, ask any questions, request further explanation or information about the procedures, exercise, nutrition, and/or coaching programs.

  • I understand that the general information displayed on CoachJosef.com, our related Facebook Page, Instagram Page, Twitter Page, YouTube Channel, or the CLG Fitness Facebook Page is not intended to substitute for or replace my healthcare professional.

  • understand and agree that I will be participating in physical exercise under which could put me at risk for injury.

  • understand and agree that I am to discontinue any exercise that causes me pain, severe discomfort, nausea, dizziness, or shortness of breath and consult a medical expert. If I believe I am having a medical emergency, I am to call 911 immediately.

  • hereby state that I am currently in good physical health, and I will be voluntarily participating in these exercise and fitness activities and assume all risks of injury that may result from these activities.

  • understand and accept the cancellation policy and agree to give notice when changing or cancelling a session to avoid being charged for the session, 24 hours for personal training sessions.

  • understand and agree that it is my responsibility to inform the trainer, instructor, or coach, if there is any exercise, I do not feel safe or comfortable to perform.

  • understand that no refunds or credits will be issued for packages, prepaid sessions, and postpaid sessions. 

  • understand that in agreeing to participate in exercise, nutrition, and mindset coaching programming, whether in-person, live virtual/online, recorded video, and/or written programming instruction, I accept all responsibility and waive any legal recourse against Josef Serfaty, Suzanne Serfaty, CLG Fitness, and the City of Vaughan from any and all claims resulting from personal injuries, illness, death, damages, loss, or expenses sustained from participating in such programs.

  • do hereby give Josef Serfaty, Suzanne Serfaty, and CLG Fitness the irrevocable right to use my name, photos, or testimonials in all forms including website and social media, including for advertising or any other lawful purposes and I waive the right to inspect or approve the finished product, including written copy, which may be created in connection therewith.

Governing Law and Jurisdiction Agreement

 

Governing Law 

I hereby agree that: 

  1. all aspects of the relationship between myself and Coach Josef of CLG Fitness (as well as her/his agents, delegates, employees, and any coaches and other independent health & wellness practitioners providing personal fitness training, coaching, or other service to me or in association with Coach Josef of CLG Fitness), including without limitation any personal fitness training, group/boot camp workout instruction, mindset coaching, or other coaching services provided to me, and

  2. the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with this Agreement, 

shall be governed by and construed in accordance with the laws of the province of Ontario (other than conflict of laws rules) and the laws of Canada applicable therein. 

Exclusive Jurisdiction 

I hereby acknowledge that the personal fitness training, group workout instruction, mindset coaching, or other coaching services received from Coach Josef will be provided in the province of Ontario (Canada), and that the Courts of Ontario (Canada) shall have exclusive jurisdiction to hear any complaint, demand, claim, proceeding or cause of action, whatsoever arising from or in connection with that personal fitness training, group/boot camp workout instruction, mindset coaching, or other coaching services, or from any other aspect of the relationship between myself and Coach Josef of CLG Fitness.