Terms and Conditions

---

Terms & Conditions (this “Agreement”) is made and effective by and between Stephen Roy (o/a

“Strengtheim”) (the “Instructor”) ("the site") and the Client (as identified below).

WHEREAS the Client desires to retain the Instructor to provide certain personal training, fitness instruction, and/or other consulting services with respect to health and wellness (collectively, the “Services”, as more particularly identified below) from;

Age

You represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Information

We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Services & Pricing

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Personal Information

Your submission of personal information through our site is governed by our Privacy Policy. To view our Privacy Policy.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

NOW THEREFORE the Client and the Instructor (collectively, the “Parties”) hereby agree as follows:

1. Services - The Instructor shall provide the Services per the terms and conditions set out below and in the attached Schedule “A”, which is hereby incorporated by reference and forms an integral part of this

Agreement.

2. Scheduling - The Services shall occur as and when set out in Schedule “A” or as otherwise agreed in writing between the Instructor and the Client from time to time; provided however that scheduling is subject to change at the discretion of the Instructor, acting reasonably.

3. Cancellations / Rescheduling - Any session canceled by the Client forty-eight (48) hours or more in advance may be rescheduled to a later date and time (per Section 2) to a date within six (6) months after the originally scheduled session date, failing which such session shall be deemed to have occurred and charged accordingly. Any session canceled by the Client less than forty-eight (48) hours in advance shall be charged as if it occurred as and when originally scheduled and shall be deemed to have occurred and charged accordingly.

4. Fees - The fees to be paid by the Client for the Services are and shall be as set out in Schedule “A”.

5. Acknowledgements - The Client, on behalf of the Client and the Client’s family, heirs, executors,

administrators and representatives, in consideration of the opportunity to receive the Services and other

good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby:

(a) acknowledge the potential for, and the risk of, serious injury and/or bodily harm involved in

physical activity and more particularly participating in fitness training and activity;

(b) assume all risks of any and all personal injuries which may result from or related to the fitness

training and activity involved in the Client’s receipt of and/or participation in, and/or the

Instructor’s provision of, the Services;

(c) confirm that the Instructor does not guarantee any specific results and/or effects from the

provision of the Services and/or any recommendations the Instructor may give to the Client.

(d) confirm that the Instructor is not a medical professional and that the Client should seek the

advice of a medical professional prior to making any material change(s) to the Client’s physical

activity and/or nutrition;

(e) release and forever discharge, save and hold harmless the Instructor from and against any and

all loss, liability, claim and demand for and/or related to any and all injury, loss, and damage to

the Client’s person or property how so ever caused, arising out of or in connection with the

fitness training and activity involved in the Client’s receipt of and/or participation in, and/or the

Instructor’s provision of, the Services, not withstanding that same may be contributed to or

occasioned by the negligence of the Instructor; 

(f) without limiting the generality of the foregoing, the Client hereby acknowledges and agrees

that the Client is solely and completely responsible for the Client’s actions (including but not

limited to fitness activity) and receipt of and participation in the Services and is solely and

completely responsible for obtaining and using all reasonably necessary protective and other

equipment, if any, and ensuring the Client should and/or is able to do and participate in the

fitness training and activity involved in the Client’s receipt of and/or participation in the Services.

6. Photographs / Recording - The Client, on behalf of the Client and the Client’s family, heirs, executors,

administrators and representatives, in consideration of the opportunity to receive the Services and other

good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does

hereby authorize and license the Instructor to photograph and/or record video and/or audio of the

Client during the course of providing the Services for insurance and archival purposes.

7. Without limiting the foregoing, the Client acknowledges and agrees that the Instructor is not and shall

not be liable for any indirect, special, exemplary or punitive damages, howsoever caused, and that in

any event the liability of the Instructor shall not exceed the aggregate amount paid by the Client to the

Instructor in the six (6) month period preceding such liability.

8. The Client (a) hereby acknowledges and agrees that the Client has read and understands this Agreement, has had the opportunity to seek independent legal advice and has either done so

or chosen not to do so of the Client’s own free will and volition and (b) hereby expressly agrees to abide

by the terms and conditions.