Terms and conditions for Collegiate | Performance Training| Weekly

Refund Policy: Program costs are not refundable.

Declined debit/credit card & Insufficient funds policy: You will be charged a $20 inconvenience fee in the event of the following occurrences:

1) Debit/credit card (The Trench has on file for monthly installments) is declined or expired.
2) Personal check is rejected by bank due to insufficient funds.

Cancellation Policy: Members may not cancel their programs, unless one of the following occurs:

1) Three Business Day Period. A member may cancel this agreement within three (3) business days of its making provided that notice of cancellation is sent via certified mail to The Trench Training Systems, LLC, 3251-A West Hillsborough Ave., Tampa, FL 33614.

2) Relocation: If a member moves more than 50 miles away from The Trench Training System's location, he/she must continue paying his/her fees until a utility bill is provided with a new address listed. A 30 day notice of the intent to cancel and utility bill (or equivalent) must be sent via email to info@thetrenchacademy.com.

3) Death or Permanent Disability. If a member dies or becomes totally and permanently disabled during the duration of this agreement and proof of death or total and permanent disability is provided. Notice of intent to cancel and proof of death or total and permanent disability must be sent via email to info@thetrenchacademy.com.

4) 7 day cancellation notice : A 7 day cancellation notice must be emailed to info@thetrenchacademy.com before cancellation may occur for any reason other than those listed under this cancellation policy.

The Trench reserves the right to immediately terminate your use of, or access to, The Trench facility at any time if The Trench decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that The Trench considers to be inappropriate or unacceptable.

PowerHouse Gym Use:

1) Athletes MAY NOT use any equipment outside of The Trench's training space without a valid PowerHouse membership

2) Athletes must be 15+ years of age to train on their own. Minors (under 15) must be accompanied by another PowerHouse member over the age of 18.

3) Athletes must be respectful of their peers.

4) Athletes are responsible for exercising safety at all times for both themselves and those around them.

5) Athletes are responsible for wiping down and cleaning up all equipment used immediately after use.

6) Athletes may only train in appropriate athletic attire.

COMMUNITY STANDARDS. The Trench Training Systems is a private, independent, community oriented company. The undersigned and the undersigned’s guests are asked to uphold behavioral standards that exist for the betterment of The Trench’s community. Guests are asked to cooperate in preserving a community focused and family friendly atmosphere, free of inappropriate language, disrespect for others, and immodest dress. Pets, illegal drugs, weapons, alcoholic beverages and tobacco are prohibited anywhere on campus.

TRAINING SERVICES. The Trench agrees to provide an experienced and knowledgeable sports trainer (a “Coach”) to provide training services to you.

OFFSITE TRAINING COSTS. Unless such training services are provided at The Trench, you agree to bear all costs associated with the training services, including the costs of all equipment and rental of the building or space in which training services are provided, if any.

THE TRENCH PROGRAMS. The training services created by The Trench, which may include data, techniques, materials, programs, methods, manuals, and other information used in carrying out the terms of this Agreement, are the sole property of The Trench and may not be used, replicated, disclosed, published or sold without prior written consent from The Trench.

ENTIRE AGREEMENT; AMENDMENT. These Program Terms and Conditions constitute the entire agreement, and supersedes all prior agreements and understandings, both written and oral, with respect to the subject matter hereof. These Program Terms and Conditions may be amended only in a writing executed by the parties hereto.

SEVERABILITY. If one or more provisions of this Agreement, including without limitation The Trench Liability Waiver & Release executed simultaneous to this Agreement which is incorporated by reference as though fully set forth throughout, are held to be unenforceable under applicable law, the balance of the Agreement shall be interpreted as if such provision were so excluded and the balance of the Agreement shall be enforceable in accordance with its terms.

CONFIDENTIALITY. You agree to keep the specific terms of your training costs confidential.

COUNTERPARTS. This Agreement may be executed in two or more counterparts, all of which taken together shall constitute one and the same instrument. Facsimile signatures shall constitute original signatures for purposes of this Agreement. Further, this Agreement and any amendment thereto, may be signed electronically through any program in compliance with the ESIGN Act of 2000.

GOVERNING LAW; ARBITRATION. Any controversy or claim arising out of or relating to this Agreement must be resolved through arbitration pursuant to the Federal Arbitration Act, and such arbitration shall be the exclusive, final and binding remedy. The parties agree that the arbitration shall take place in Tampa, Florida and will be through the American Arbitration Association (“AAA”), a public service, non-profit organization that offers unbiased dispute resolution services. The arbitrator shall apply the internal laws of the State of Tennessee (without giving effect to its conflict of laws principles). Judgement upon any award reached by the Arbitrators may be entered in any federal or state court having jurisdiction thereof. The arbitration shall take place before a single arbitrator jointly selected (or appointed by the AAA if the parties are unable to agree upon an arbitrator within ten days). The non-prevailing party shall be responsible for payment of the full costs of the arbitrator and reasonable expenses of the prevailing party including attorney fees and expert witness fees. The award rendered by the arbitration shall be entered in any court having jurisdiction thereof.

WAIVER. The failure of either party to this Agreement to insist upon a strict performance of any of the terms or provisions of this Agreement or to exercise any option, right or remedy herein contained, shall not be construed as a waiver or as a relinquishment for the future of such term, provision, option, right or remedy, but the same shall continue and remain in full force and effect. No waiver by either party to this Agreement of any term or provision hereof shall be deemed to have been made unless expressed in writing and signed by such party.

RELEASE OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK: The Trench Training Systems (“The Trench”) undertakes the responsibility to provide you with expert sports training and other related services (the “Program”). By signing below, you acknowledge and agree to the following: You represent that you are physically fit to participate in The Trench Program and that, prior to participation in the Program, you have consulted a physician regarding any limitations or medical risks that you may have in relation to the Programs and certify that you are free from any such limitations and medical risks. You further understand and agree that the Program involves physical exertion and strenuous physical activity by you, which entails certain risks and serious bodily injury and/or death may occur. For example, physical contact with other participants, equipment or surfaces may occur during the Program. With full knowledge of the risks of serious bodily injury and death, you voluntarily choose to participate in the Program and (i) hereby forever release, covenant not to sue, discharge and waive all liability on behalf of The Trench, it’s employees, executives, agents, affiliates, owners, subsidiaries, partners, sponsors, owners and lessees of the premises, consultants, volunteers and contractors (the “Releasees”) for any bodily injury of any kind, property damage or death, suffered by you as a result of your participation in the Program, regardless of whether such bodily injury or death was due to negligence of any kind committed by The Trench or the Releasees or otherwise, (ii) agree to indemnify and hold harmless The Trench and the Releasees from any loss, liability or cost they may incur arising out of or related to your participation in the Program, and (iii) assume full responsibility for any bodily injury, death or property damage arising out of or related to your participation in the Program.

GOVERNING LAW; ARBITRATION. Notwithstanding your agreement not to sue The Trench and the Releasees and without The Trench or releasees without waiving their rights under the foregoing paragraph, you agree that in the event of any legal action, all such legal proceedings of any kind, including those related to the enforceability of this waiver, shall BE ARBITRATED IN ACCORDANCE WITH THE “GOVERNING LAW; ARBITRATION” PROVISION OF THE SIMULTANEOUSLY EXECUTED MEMBER TRAINING AGREEMENT.

You certify that you have read the foregoing and understand that by signing below, you are giving up certain legal rights and remedies and intend that your signature be a complete and unconditional release of all liability on behalf of The Trench and the Releasees to the greatest extent permitted by law.

SOCIAL MEDIA RELEASE. I hereby authorize The Trench Training Systems and affiliate, (collectively referred to in this paragraph as “D1”) to record my name, likeness, image, voice and participation in film, tape or otherwise for use in all The Trench related initiatives. I agree that all photo, video and other production related materials may be edited and otherwise altered at the sole discretion of The Trench and used in whole or in part at the sole discretion of The Trench, whether it be for public or private use. I further agree and understand that I have no rights to any production related to The Trench or any benefits derived therefrom, thereby irrevocably and unconditionally releasing and waiving all rights, legal and moral, so that The Trench may fully exploit my name, likeness, image, voice and participation in film, tape, social media or otherwise. The Trench agrees to comply with applicable privacy laws.

CHANGE OF TERMS. The Trench retains the right to alter the terms of this Agreement at any time.

NOTICE TO BUYER: DO NOT SIGN THIS AGREEMENT UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS AGREEMENT IF IT CONTAINS ANY BLANK SPACES.