FASTer Way to Fat Loss®
CLIENT INFORMED CONSENT ACKNOWLEDGING RISKS
I have enrolled in the FASTer Way to Fat Loss program (the “Program”) offered by Tress Marketing Solutions, LLC.
I understand and agree that the Program requires that I voluntarily engage in an acceptable plan of exercise conditioning. My participation in the Program is done voluntarily and entirely at my own risk. I recognize that the Program may involve strenuous physical activity. I acknowledge and agree that my enrollment and subsequent participation in the Program is voluntary and I do so entirely at my own risk. I understand that no exercise program is without inherent risks and that, regardless of the instruction provided within the Program, the administrators of the Program cannot guarantee my personal safety.
I understand and agree that my participation in the Program will be monitored by a coach(es); however, I will be required to complete exercises without the presence of a Program coach. I understand and agree that all risks associated with such exercises are at my own risk.
I understand that a regular exercise program has been shown to have benefits to general health and well-being. I consent to participating in the Program activities which are recommended to optimize said benefits. I understand and agree that I may be required to wear a Fitness Heart Rate Monitor for the duration of my participation in the Program.
I understand that it is my responsibility to fully disclose to my Program coach(es) any health issues or medications that are relevant to participation in the Program, inform the Program coach(es) if there are activities with which I do not feel comfortable, to cease exercise and report promptly any unusual feelings (e.g. chest discomfort, nausea, difficulty breathing, apparent injury, etc) to the Program coach(es), and to clear my participation in any exercise program with my physician.
I understand that I am expected to attend every scheduled session and to follow instructions set forth in the Program. I understand the potential physical risks involved in the Program and believe that the potential benefits outweigh the risks. I understand that the achievement of health and fitness goals cannot be guaranteed. My participation in the Program is completely voluntary.
I understand and agree that the Program is conducted online and I am required to check-in daily. If I miss more than three days without prior notification, I will be removed from the Program and forfeit my investment.
I understand and agree that the Program is conducted online and I should direct all questions and clarification items to the group page.
I am in good physical condition and have no impairments which might prevent my participation in the Program. I have been advised to consult a physician prior to beginning the Program. As recommended, I have either provided a medical release from my physician to my trainer or have refused to obtain a medical release, fully acknowledging and accepting responsibility for the risks associated with participating in the Program and the exercise regimens I am voluntarily undertaking. in the Program.
I have been informed that the information I disclose during the course of the Program will be treated as confidential and will consequently not be released or revealed to any person without my express written consent.
I acknowledge and represent that I am 18 years of age or older and have read and understand the contents of this document. I have been made fully aware of and understand the potential risks involved in exercise programs. I hereby consent to those risks and freely and voluntarily agree to participate in an exercise program offered by Amanda Tress and Tress Marketing Solutions, LLC. I am freely signing this Agreement.
CLIENT WAIVER & RELEASE OF ALL CLAIMS
I hereby accept all risks associated with my participation in fitness exercise programs being offered by Amanda Tress and Tress Marketing Solutions, LLC. In consideration of using the services of Amanda Tress and Tress Marketing Solutions, LLC, I release and forever discharge Amanda Tress and Tress Marketing Solutions, LLC, their employees, including trainers and any other officers, agents, contractors, affiliates, or volunteers (“RELEASEES”) from any and all responsibility or liability from injuries or damages to my person or personal property resulting from or connected with my participation in any of the fitness exercise programs being offered by RELEASEES whether arising from the active or passive negligence of RELEASEES or otherwise.
1. I acknowledge and fully understand that I will be engaging in exercise and training activities that potentially involve the risk of serious injury, permanent disability or death. Other possible risks may include social and economic losses which might result not only from the RELEASEES’ own actions, inactions or negligence, but the actions, inactions or negligence of others, the condition of the private or public premises or any equipment. Further, that there may be other risks not known or not reasonably foreseeable at this time. I hereby assume full responsibility for all the foregoing risks, known and unknown, and accept responsibility for the damages following any injury, permanent disability, or death.
2. I further acknowledge and understand that Amanda Tress and Tress Marketing Solutions, LLC, its personal trainers, coaches, contractors, affiliates, and other employees are not licensed dieticians or physicians and that any information or guidelines provided by Amanda Tress and Tress Marketing Solutions, LLC, its personal trainers, coaches, contractors, affiliates, or other employees carries no warranty of any kind, expressed or implied, including, but not limited to, warranties regarding safety or suitability for a particular purpose.
3. Amanda Tress and Tress Marketing Solutions, LLC,its contractors and employees will implement the most effective principals principles to help the participant achieve his or her goals within their scope of practice, but cannot guarantee that its products or workouts will be safe, effective or suitable for everyone. For that reason, all such products, services, programs, techniques and materials embodied in such products and services, are offered without warranties or guarantees of any kind, expressed or implied, and Amanda Tress and Tress Marketing Solutions, LLC and its employees disclaim any liability, loss or damages that may result from their use.
4. I understand that a physician’s approval is highly recommended prior to participating in any
fitness exercise program. I have signed the Amanda Tress and Tress Marketing Solutions, LLC Informed Consent Acknowledging Risk form.
5. I have read this document in its entirety and agree to adhere to all its precepts, as well as all other terms and conditions of Amanda Tress and Tress Marketing Solutions, LLC’s fitness exercise programs. I understand the risks and benefits of the programs and any questions I may have had have been answered to my satisfaction. Upon participation, I do hereby discharge, release and hold harmless RELEASEES from any and all liability for damage claims or losses of any kind or character whatsoever resulting from any injury or condition I may suffer, or resulting from my participation in Amanda Tress and Tress Marketing Solutions, LLC’s fitness exercise programs.
6. This agreement applies not only to any and all physical injuries but to any and all claims from the damage to, loss of, or theft of property relating to my participations in Amanda Tress and Tress Marketing Solutions, LLC’s fitness exercise programs.
7. This agreement is intended to be broad and inclusive and shall be governed by and construed in accordance with the laws of Florida. If any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
8. Governing Law: It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Florida, without regard to the jurisdiction in which any action or special proceeding may be instituted. Any lawsuit under this Agreement must be brought in the state or federal courts in Pinellas County, Florida.
9. This document and the accompanying Amanda Tress and Tress Marketing Solutions, LLC, Informed Consent contains the entire agreement between the parties. No other agreement exists between the parties and no representations, verbally or in writing, have been made except as stated herein.
In signing this Waiver and Release of All Claims, I acknowledge and represent that I am 18 years of age or older, that I have read and understand the contents of this document, and that no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made. I also agree, for myself and my successors, that the above representations are not mere recitals and that they are binding.
By voluntarily completing this form, I consent to having the FASTer Way to Fat Loss® send me informational updates via text and email (standard messaging rates apply).
On the Websites, you may purchase physical products, created by TMS (the “Physical Products”). You may return unused Physical Products within 30 days of purchase for a full refund.
On the Websites, you may purchase downloadable products, such as digital cookbooks, created by Tress Marketing Solutions (the "Downloadable Products"). The Downloadable Products are delivered in electronic format. Refunds are not available on Downloadable Products.
LICENSE FOR USE OF PRODUCTS
All products available for sale on the Websites were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.
The Websites were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Websites. TMS makes no representations, warranties or guarantees. You understand that results may vary from person to person. TMS assumes no responsibility for errors or omissions that may appear in the Websites.
USE OF THE WEBSITES
Unless otherwise stated, TMS owns the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved.
The following uses are not permitted:
Republication of content from the Websites, unless content is specifically and expressly made available for republication;
Sale, rental or sub-license of any content from the Websites;
Reproduction or duplication of any content on the Websites for commercial purposes;
Modification of any content on the Websites, unless content is specifically and expressly made available for modification;
Redistribution of content of the Websites, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Websites is included.
From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of TMS's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to TMS.
You must not use the Websites in a way that causes, or may cause, damage to the Websites or impair the availability of access to the Websites. You must not decompile, reverse engineer, disassemble or otherwise reduce the Websites, except to the extent that such activity is expressly permitted by applicable law. You must not use the Websites to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Websites without TMS's express written permission.
You must not use the Websites to transmit or send any unsolicited commercial communications.
You must not use the Websites for any third-party marketing without TMS's express written permission.
Unless otherwise noted, the design, content and all components of the Websites are copyrights owned by TMS or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TMS's trademarks and trade dress may not be used in connection with any product or service that is not TMS's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits TMS, the FASTer Way to Fat Loss, Amanda Tress, or Brandon Tress.
From time to time, the Websites will legally utilize trademarks owned by third parties related to TMS's services. These trademarks are the respective property of their owners.
GRANT OF RIGHTS
You grant TMS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Websites. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant TMS the right to sub-license these rights and the right to bring an action for infringement of these rights.
CONTENT CONTRIBUTED TO THE WEBSITES
Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or TMS or a third party.
TMS reserves the right to edit or remove: (i) any material submitted to the Websites; (ii) stored on TMS's servers; or, (iii) hosted or published on the Websites. TMS takes no responsibility and assumes no liability for any content posted by you or any third party.
The Websites offer the option for you to leave comments, engaging with the Websites' posts. The following types of comments will not be tolerated and will be deleted:
harassment directed toward any content creator or TMS;
defamatory to TMS or any third party;
reference illegal acts; or,
violate the legal rights of a third party.
TMS's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
The Websites offer the VIP/FASTer Way Membership, which includes forums, such as Facebook Groups, where content may be contributed or uploaded. The following types of contributions will not be tolerated and will be deleted:
harassment directed toward any content creator or TMS;
defamatory to TMS or any third party;
reference illegal acts; or,
violate the legal rights of a third party.
TMS's sole discretion will be used to determine if a contribution is in violation of this policy. TMS’s sole discretion will be used to determine if a member is in violation of these policies. Any members in violation will be promptly deleted and no refund will be due.
If you send TMS an email, register to use the Websites or provide your email to TMS in any other way, you consent to receive communications from TMS electronically. You agree that all legal notices provided via electronic means from TMS satisfy any requirement for written notice.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Websites, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Websites, you expressly hold TMS harmless from any and all liability in any dispute.
The Websites are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. TMS makes no representations or warranties in relation to the Websites or the information and materials provided therein.
TMS makes no warranty the Websites will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites. TMS is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites. The Websites are written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TMS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.