Terms and conditions for Rebuild| Hands-off| 10 Pack

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 the following occurs:

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.

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.

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.

I acknowledge that I have chosen to receive services from an independent contractor or employee with Rebuild by Trench (which herein shall include all of its owners, members, managers, officers, principals, independent contractors, and employees). I have observed and I am aware of the nature and possible intensity of the programs offered by Rebuild. I recognize and understand that, while unlikely, my participation may result in physical harm (which could require medical attention and hospitalization) including without limitation muscular damage, skeletal damage, skin, or nerve damage.
I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my being at Rebuild. By assuming these risks, I understand that I am waiving claims I may otherwise have had.
Health Risks: I hereby warrant that I know of no medical problems that would put me at an increased risk of injury as a result of receiving any services offered. I further warrant that I have not made Rebuild aware of any reason why I am unfit to receive their offered services. Reasons why I may be unfit to receive said services include, but are not limited to, muscular damage, skeletal damage, skin, or nerve damage.
Release: In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily accepting the services offered by Rebuild, and with my full understanding of all of the above, I voluntarily waive, release, discharge, and hold harmless Rebuild of any and all liability, claims, demands, actions, causes of action, rights of action, and/or damages of any kind related to, arising from, or in any way connected with, my receiving services by Rebuild, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. In signing this document, I fully recognize and understand that if I am hurt, I am giving up my right to make a claim or file a lawsuit against Rebuild, even if they negligently or by some other act or omission cause the injury or damage.
THIS SHALL REMAIN IN EFFECT FOR FUTURE VISITS UNLESS & UNTIL REVOKED
I have read this document in its entirety. I fully understand the foregoing assumption of risk and release of liability, and all terms and conditions contained herein, and I understand that by signing below I have released any and all claims against Rebuild and its owners, members, managers, affiliates, agents, officers, principals, independent contractors, and employees. I understand that by voluntarily signing this form I am waiving valuable legal rights. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns and transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.

Contraindications:

Do not participate in Whole Body Cryotherapy if you have any of the following conditions:

Untreated Hypertension

Heart attack within previous 6 months

Decompensating diseases (edema) of the cardiovascular and respiratory system;

congestive heart failure,

Unstable Angina Pectoris

Pacemaker

Peripheral Arterial Occlusive Disease

Deep Vein Thrombosis (DVT) or known circulatory dysfunction

Acute febrile respiratory (Flu like respiratory conditions)

Severe Anemia

Cold Allergenic Phenomenon (known allergy to cold contactants)

Bacterial and viral infections of the skin,

Wound healing disorders (open sores or discharging wound/skin conditions)

Raynaud's disease

Polyneuropathies

Pregnancy

Vasculitis

You may have other conditions that make whole body cryotherapy inappropriate. Consult with your doctor or medical advisor if you have questions as to whether whole body cryotherapy is right for you.

BY SIGNING BELOW YOU CONFIRM THAT YOU HAVE CAREFULLY READ BOTH PAGES OF THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS, VOLUNTARILY AGREE TO EACH OF ITS TERMS AND PROVISIONS, AND SIGN OF YOUR OWN FREE WILL

Agreements:

1. Follow all instructions given to you by the attendant.

2. Participation in a whole body cryotherapy session involves exposure to extreme cold temperature for a short period of time (not to exceed three (3) minutes per session). By signing this agreement you confirm that you are in good health and do not have any of the contraindications identified above or other physical condition that would preclude you from safely using whole body cryotherapy.

3. If you experience any pain or mental or physical discomfort at any time during the process, you may terminate the session immediately. The chamber will not be locked, and you are free to walk out of the chamber at any time.

4. No representations or claims are made as to the therapeutic nature or other benefits of whole body cryotherapy. Whole body cryotherapy is not intended to diagnose, treat, cure or prevent diseases, illnesses, imbalances or disorders. No results from whole body cryotherapy are assured. Every customer is different and responds differently to the therapy.

Waiver and Release:

1. This is a release of liability and a waiver of certain legal rights.

2. By signing this agreement you:

a. acknowledge that use of whole body cryotherapy involves risk of bodily injury, illness, disability or death, which may be compounded by negligent emergency response of the attendant. You acknowledge that you are voluntarily participating in whole body cryotherapy with knowledge of the dangers involved and accept and assume all risks of injury, illness, disability or death, whether caused by the condition of the facilities or equipment or the negligence of the attendant or otherwise. You acknowledge that frostbite is a specific risk that you assume. (Initial here)

b. expressly waive and release any and all claims against IMPACT Cryotherapy, Inc., and its officers, directors, employees, agents, affiliates, successors and assigns (which are collectively referred to as “the Company”), arising out of or attributable to your use of whole body cryotherapy, other than as may arise from the gross negligence or intentional misconduct of the Company. You covenant not to assert any such claims against the Company, and forever release and discharge the Company from liability for such claims.

c. indemnify and hold harmless the Company from any loss, liability, damage, cost or expense arising out of or connected in any manner with your use of whole body cryotherapy, except as may arise from the gross negligence or willful misconduct of the Company.

d. agree that this waiver and release is intended to be as broad and inclusive as permitted under law. You specifically acknowledge and agree that this agreement is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable state law and additionally agree to waive all general release limitations provided by applicable law.

General Provisions:

1. This agreement shall be construed and interpreted as broadly as possible under the applicable law of the jurisdiction in which you use whole body cryotherapy, with the words, terms, provisions, covenants, and remedies contained in this Agreement to be enforceable to the fullest extent permitted by applicable law.

2. If any portion of this Agreement is held invalid, the remainder shall not be affected and shall continue in full legal force and effect.

3. The terms of this Agreement shall continue from this date forever and shall apply to each use by you of whole body cryotherapy without the need for you to resign this Agreement.

4. This document constitutes the entire agreement regarding your use of whole body cryotherapy and supersedes all prior discussions and representations about the use, benefits or risks of whole body cryotherapy.

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 “The Trench”) 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.