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Background. This agreement is between Spencer Davis Training 2 LLC, a California limited liability company ("Spencer Davis Training"), and the person signing below ("you" or "the Client"), to cover services given to you by Spencer Davis Training regarding health, nutrition, fitness, exercise, and wellness ("Services").
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Services, Payment, and Cancellation. The services will be paid for on an monthly basis, at a rate of per month. You must notify SDT at least 48 hours prior to the next auto-renewal date in order to cancel. If you give notice later than this, then the cancellation will be effective the next month and no refund will be given for the current month. If you pay for a multi-month package, the same auto-renew and cancellation policies will apply, as modified for the multi-month period. Spencer Davis Training may also terminate the services on seven days' notice.
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Your Responsibilities. You Are Responsible For:
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Knowing and Avoiding Your Food Allergens. Spencer Davis Training may recommend various foods, drinks, supplements, and consumable products to you as part of the services. The Services do not include reviewing those recommendations or modifying them to accommodate any food allergies you may have. It is your responsibility to review and evaluate everything you consume to avoid allergens you react to, and to modify any recommendations by Spencer Davis Training accordingly.
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Knowing your medical conditions, and seeking appropriate medical advice and clearance. Spencer Davis Training personnel are not medical professionals and do not and cannot provide medical advice. It is your responsibility to consult with your doctor prior to engaging in any exercise and training regimen. If you have any health concerns related to heart, lung, pregnancy or any other related medical or health related condition, it is your responsibility to get cleared by an appropriate medical professional prior to using the Services.
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Using Good Judgment, And Accepting The Risks Inherent In Exercise. Even in healthy individuals, training and exercise may result in injuries, and regardless of your medical conditions or lack thereof. You assume all risk inherent in participating in Services and will not hold Spencer Davis Training and its owners, managers, employees, or agents, including without limitation Spencer D. Reese (together, the "Spencer Davis Training Parties") responsible or liable for injuries resulting from the Services, including both training and nutritional advice. It is your responsibility to not overexert yourself and use reasonable judgment regarding whether you are able to perform a particular exercise. Some of the Services are provided via prerecorded video, and you understand that no direct training supervision will be provided.
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Informing Spencer Davis Training Of Your Limitations. Unless you inform Spencer Davis Training personnel otherwise, Spencer Davis Training will assume you are a typical, healthy person and provide advice and training accordingly. If there are restrictions related to applying exercises to certain body parts or muscle groups it is your responsibility to make such information known to Spencer Davis Training personnel. If you feel like a particular exercise is not suitable for you or otherwise have concerns, it is your responsibility to communicate those concerns to Spencer Davis Training.
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You acknowledge that the services are not provided under any professional certification or licensure. Spencer Davis Training's personnel provide the services based on an accumulation of knowledge and ability in the area of nutrition and wellness. However the Services are not provided under any particular licensure or certification, and by signing below you accept and understand that this is the case.
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Your Waiver and Release of Claims. You waive and release the Spencer Davis Training Parties from any and all claims arising out of the services, including claims alleging negligence by the Spencer Davis Training Parties. You understand that this release of claims applies to and include all known and unknown and unexpected claims arising out of the Services. You acknowledge that they have read California Civil Code Β§1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You agree to waive all rights and protections otherwise available to you under Β§1542.
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Limitation of Spencer Davis Training's Liability and Your Remedies. Spencer Davis Training is not liable for indirect, incidental, or consequential damages or injury to property or persons. Spencer Davis Training provides the Services without any warranty, including implied warranties. The liability of Spencer Davis Training for liability of any kind with respect to the Services, including without limitation any negligence on its part and torts arising out of the performance of the Services, is limited to the amounts paid by you for the services in the six months prior to any claim. Spencer Davis Training's sole liability and your exclusive remedy for acts and omissions relating to the Services are stated in this section 6. This limitation of liability is a necessary and bargained-for part of the Agreement that allows Spencer Davis Training to provide the Services at the prices that it does.
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Governing Law and Arbitration. This Agreement is governed by the laws of the state of California. Any controversy or claim arising out of or relating to this contract, or the breach thereof, as well as torts relating to the Services or this Agreement, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. AAA's Expedited Procedures shall be used in any case where there are only two parties and claims and counterclaims are less than $75,000. The parties understand that this involves a waiver of: the right to bring disputes in court; the right have a dispute heard by a jury; and the right to appeal a legal decision.
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General. You may not assign this contract without Spencer Davis Training's written consent. Spencer Davis Training may assign this in the case of a merger, acquisition, or sale of the assets relevant to the Services. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement. This Agreement will not be construed in favor of or against either party by reason of authorship. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications. This Agreement may be signed in counterparts and by electronic methods, including exchange of signed pdfs or via an electronic signing service. This Agreement may not be amended except through a written agreement by authorized representatives of each party.
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Signatures. To show intent to be bound by the foregoing terms, the parties sign below.
Spencer D. Reese, Manager
