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Eppinger Fitness Terms of Use

​Personal Training Program Policies

     All training sessions are non-refundable.
     Eppinger Fitness must be notified 24 hours in advance for cancellations; if notice is not given at least 24 hours in advance, or the session is missed, the participant may be charged the full amount of the missed session(s).
     Participants more than 15 minutes late to a session may not receive training services for that session, but they may be charged for the entire session.
 
Assumption of Risk for Participation in the Personal Training Program
Participation in personal training carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. It is the responsibility of each participant to participate only in those activities for which he/she has the prerequisite skills, qualifications, preparation, and training (as determined and instructed by the personal trainer).  Eppinger Fitness does not warrant or guarantee in any respect the physical condition or any equipment used in connection with the activity. Therefore, in consideration of the benefits received from Eppinger Fitness, the undersigned assumes all risks of damages or injury, including death, that may be sustained by him/her while participating in the program. It is highly recommended that participants consult with his/her physician prior to engaging in any physical training program, especially if he/she has not previously participated in such activities, is overweight, has heart or other physical problems, or handicaps.


 

Assumption of Risk for Participation in the Using The Facility Without Supervision

In consideration of my use of the exercise equipment and facilities provided by the company, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company.

By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.

I expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.

I agree to be solely responsible for the safety and well-being of my guest and myself. I understand that the company does not provide supervision, instruction, or assistance for the use of the facilities and equipment.

I agree to comply with all rules imposed by the company regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

I understand and acknowledge that the use of exercise equipment involves the risk of serious injury, including permanent disability and death.

I understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

I understand and agree that my use of the facilities and equipment is only to be undertaken on my own personal time and that my use of the facilities and equipment is not within the course or scope of my employment.



COVID19
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Eppinger Fitness LLC has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Eppinger Fitness LLC can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, fitness staff, and other fitness clients and their families.
I voluntarily seek services provided by Eppinger Fitness LLC and acknowledge that I am increasing my risk of exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
I attest that:
* I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Eppinger Fitness LLC harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the fitness studio, or that may otherwise arise in any way in connection with any services received from Eppinger Fitness LLC. I understand that this release discharges Eppinger Fitness LLC from any liability or claim that I, my heirs, or any personal representatives may have against the fitness studio with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Eppinger Fitness LLC. This liability waiver and release extends to the fitness studio together with all owners, partners, employees, and independent contractors.
 
Release, Covenant Not to Sue, and Waiver
In consideration of being permitted to participate in any way in personal training, the undersigned for themselves, their heirs, personal representatives, and assigns, does hereby release, waive, covenant not to sue, and forever discharge Eppinger Fitness, Andrew Eppinger, and his agents, personal representatives, and assigns from any and all claims, demands, rights, and causes of action of whatever kind or nature including, but not limited to, negligence, unforeseen bodily and personal injuries, damage to property, and the consequences thereof, resulting from participation in any way connected with Eppinger Fitness. The undersigned acknowledges that this Assumption of Risk, Release, Covenant Not to Sue, and Waiver shall be effective from the date of signature until the effective termination of the personal training services. By signing this agreement, the undersigned asserts that he/she has read this waiver of liability, assumption of risks, and indemnity agreement, fully understand its terms, and understand that he/she is giving up substantial rights, including the right to sue. The undersigned acknowledges that he/she is signing this agreement freely and voluntarily, and intends his/her name typed below to be a complete and unconditional release of all liability to the greatest extent allowed by the law.

PERSONAL INFORMATION

As used in this Privacy Policy, the term “Personal Information” is information that identifies you as an individual or relates to you as an identifiable individual.  You do not need to provide us Personal Information in order to use the Service.  However, if you create an account for the Service, Personal Information we may collect includes:

  • Name

  • Postal address (including billing and shipping addresses)

  • Telephone number

  • E-mail address

  • Credit and debit card number

  • Username

  • App use history and metrics, including frequency and length of workouts, workout start and end times, exercises performed, the number of sets and repetitions for each exercise, the amount of weight lifted, your height and weight, age (date of birth), and gender or sex will be associated with your profile if you are logged in while using the App

  • Fitness goals and preferences

  • Profile picture

  • Certain Personal Information from your social media account that you share with us if you connect your social media account to your Service account with us, including social media account ID, your name, email address, photo, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your Service account

  • Other users with whom you may share the Service

  • Other users with whom you connect and interact through the Service and information about your interactions

  • Information transmitted by third-party devices that you choose to connect to, and to share data with, the Service. For example, these devices may include heart rate monitors, wearable technology, and fitness accessories containing sensors.

USE OF PERSONAL INFORMATION

We and our service providers may use Personal Information:

  • To respond to your inquiries, fulfill your requests, complete your purchases, and provide you with related customer service.

  • To send administrative information to you, such as changes to our terms, conditions, and policies, as well as marketing communications that we believe may be of interest.

  • To personalize your experience on the Service by presenting products and offers tailored to you, and to facilitate social sharing functionality.

  • To personalize your use of the Service by customizing workouts or other content.

  • To facilitate social sharing functionality that you choose to use.

  • To allow you to participate in sweepstakes, contests, and similar promotions and to administer these activities. Some of these activities may have additional rules containing information about how we use and disclose your Personal Information.

  • For our business purposes, such as data analysis, audits, fraud monitoring, and prevention, developing new products, improving or modifying our Service, identifying usage trends, determining the effectiveness of promotional campaigns, and operating and expanding business activities.

  • If you submit any Personal Information relating to other people to us or to our service providers in connection with the Service, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

DISCLOSURE OF PERSONAL INFORMATION

Your Personal Information may be disclosed:

  • To our third party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, and other services.

  • To allow third parties to offer or provide you goods and services through the Service.

  • To third-party sponsors of sweepstakes, contests and similar promotions.

  • By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials, which we may (but are not obligated to) supply through or in connection with the Service. Please note that any information you post or disclose through these services will become public information.

  • To your friends associated with your social media account, to other website users and as well as to your social media account provider, in connection with your social sharing activity. By connecting your Service account and your social media account you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media site’s privacy policy.

OTHER USES AND DISCLOSURES

We may also use and disclose your Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law, to respond to requests from public and government authorities, to cooperate with law enforcement, or for other legal reasons; (b) to enforce our terms and conditions; and (c) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others. We may use, disclose or transfer your information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

OTHER INFORMATION

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. Other Information we may collect includes:

  • Internet browser type and version

  • Mobile application phone type, version, and OS (operating system)

  • IP address

  • App usage data

  • Machine usage data

  • Information collected through cookies, pixel tags and other technologies

  • Demographic and other information provided by you that does not reveal your specific identity, or information that has been de-identified or aggregated in a manner that it no longer reveals your specific identity

  • Application version

  • Device identification number

  • Connected peripheral information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law.  In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

COLLECTION OF OTHER INFORMATION

We and our service providers may collect Other Information in a variety of ways, including:

  • Through your browser or device: Certain information is collected by most browsers or automatically through your computer, mobile phone, or other device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, and Internet browser type and version. We use this information to ensure that the Service functions properly.

  • App usage data: When you download and use the App, we and our service providers may track and collect data such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.

  • Cookies:  Cookies are pieces of information stored on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences, and other anonymous traffic data. We use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Service to continually improve its functionality, understand how it is used and assist us with resolving questions about it. We may also use cookies and other technologies in online advertising to track responses to our ads. We do not collect Personal Information about your online activities over time and across third-party websites or online services, and as a result, we do not respond to browser “Do-Not-Track” (DNT) signals. 

If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies, or be given the choice of declining or accepting a particular cookie (or cookies) from a particular site. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Service, and some or all of the Service’s functions and features may become unavailable altogether.

  • Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of Service users and e-mail recipients, measure the success of our marketing campaigns and compile statistics about Service usage and response rates.

  • Analytics. We use third-party analytics services like Google Analytics and Crashlytics, which use cookies and similar technologies to collect and analyze information about use of the Service and report on activities and trends. These third-party analytics services may also collect information regarding the use of other websites, apps, and online resources.  You can learn about Google’s practices by going to https://google.com/policies/privacy/‌partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

  • IP Address: Your IP Address is a number that is automatically assigned to your computer or mobile device by your Internet Service Provider.  An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Service, along with the time of the visit and, if applicable, the pages visited. We use IP Addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the Service.  We may also derive your approximate location from your IP Address.

OUR ADVERTISING

We use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Service and other websites or online services. You may receive advertisements based on information relating to your access to and use of the Service and other websites or online services on any of your devices, as well as on information received from third parties.  These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with the information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.  If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit https://optout.aboutads.info/#/ and https://optout.networkadvertising.org/#/. You may download the AppChoices app at https://aboutads.info/appchoices to opt out in mobile apps.

THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Service link. Please review any third-party privacy policies to learn how they handle your Personal Information.

SECURITY

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below.

CHOICES AND ACCESS

If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by clicking the unsubscribe link contained in each such email or by writing to us at eppingera@gmail.com.

If you would like to update Personal Information that you have provided to us, you may contact us in accordance with the “Contact Us” section below. You can also review and update certain Personal Information by accessing your account settings for your user profile through the Site or App user interface; this information includes your name, e-mail address, height, weight, date of birth, and other user profile information such as images and videos you may have uploaded to the Service.

If you are a resident of California, under 18 and a registered user of the Service, you may ask us to remove content or information that you have posted to the Service by writing to eppingera@gmail.com. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.

USE OF SERVICES BY MINORS

The Service is not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Information from individuals under 18.  By using the Service, you affirm that you are of legal age to enter into this Agreement, or, if you are between the ages of 13 and 18, that you have obtained parental or guardian consent to enter into this Agreement. If you are a parent or legal guardian of such user under the age of 18, you agree to be fully responsible for the acts and omissions of such user in connection with the Service.

JURISDICTIONAL ISSUES

The Service are controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy. The “Last Updated” line at the top of this page indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy through the Service. Your use of the Service following these changes means that you accept the revised Privacy Policy. We encourage you to check the Site regularly to learn about changes to the Privacy Policy.

CONTACT US

If you have any questions or concerns about this Privacy Policy, or how we collect, store, or use your Personal Information, please feel free to contact us by e-mail at eppingera@gmail.com.

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