Terms of Service

Effective Date: May 22, 2025

Business Name: Shape Up Fitness & Wellness Consulting Inc. Website: https://charlottepersonaltrainer.org

1. Services Provided We offer personal training services both in-person and online (“Services”), including but not limited to:

• Customized exercise programs
• One-on-one or small group training sessions
• Nutrition and wellness education and guidance (not medical advice or meal plans for diagnosed conditions)
• Progress tracking and communication through digital tools

2. Eligibility To use our Services, you must be at least 18 years old or have written consent from a parent or legal guardian if you are a minor (under 18 years of age). All participants, or their parent/guardian if a minor, are required to complete a health screening questionnaire (e.g., PAR-Q or similar) and sign a liability waiver and informed consent form prior to commencing any training. We reserve the right to refuse Services if we determine, in our sole discretion, that participation poses an undue health risk.

3. Health Disclaimer You acknowledge that Shape Up Fitness & Wellness Consulting Inc. and its trainers are not medical professionals. Our Services, including any nutrition and wellness education, are not intended to diagnose, treat, cure, or prevent any medical condition or disease. Any information or guidance provided is not a substitute for consultation, diagnosis, or treatment by a qualified physician or healthcare provider. Participation in any fitness program is voluntary and undertaken at your own risk. You agree to consult with your physician or other qualified healthcare provider before starting any new fitness program or making changes to your existing fitness or diet regimen, especially if you have any pre-existing health conditions.

4. Liability Waiver and Informed Consent By engaging in our Services, you understand, acknowledge, and agree to the following as a condition of your participation:

• Acknowledgement of Risk: I understand that participation in physical exercise and training programs, whether in-person or online, involves inherent risks. These risks include, but are not limited to, muscle strains, sprains, tears, fractures, falls, cardiovascular complications (such as heart attack or stroke), equipment malfunction or failure, and other injuries or adverse health events, up to and including death.
• Assumption of Risk: I confirm that I have either been cleared by my physician to participate in an exercise program or I have voluntarily chosen to participate without such medical approval. I knowingly and voluntarily assume all risks and responsibilities associated with my participation in the Services, including but not limited to personal injury, illness, property damage, or death, whether supervised or unsupervised.
• Release of Liability: I hereby release, waive, discharge, and covenant not to sue Shape Up Fitness & Wellness Consulting Inc., its officers, directors, employees, agents, independent contractors, and assigns (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the Released Parties or otherwise, while participating in the Services, or while on any premises where the Services are being conducted, except in cases of gross negligence or willful misconduct by the Released Parties.
• Indemnification: I agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or costs, including reasonable attorney’s fees, they may incur due to my participation in the Services, whether caused by my negligence or otherwise, except for gross negligence or willful misconduct by the Released Parties.

Informed Consent:

• I understand the nature and scope of the fitness program or services being offered. I acknowledge that individual results from fitness programs are not guaranteed and may vary.
• I understand that exercise programs will be designed or modified based on information I provide regarding my health history and physical capacity. However, I acknowledge that all forms of exercise carry inherent risks, regardless of modifications.
• I acknowledge that I have had the opportunity to ask questions about the Services, the associated risks, and any other concerns I may have, and that all such questions have been answered to my satisfaction.

5. Payment and Refund Policy Payment for Services is due at the time of purchase or as otherwise agreed upon in a specific service agreement or package.

• Cancellations: Cancellations for scheduled sessions must be made at least 24 hours in advance of the scheduled session time. Cancellations made less than 24 hours in advance, or failure to attend a scheduled session (“no-show”), may result in forfeiture of the session and/or applicable session fee, at our discretion.
• Refunds: No refunds will be given for Services already rendered or for completed sessions. Refunds for unused, pre-paid sessions may be considered on a case-by-case basis in the event of a documented medical emergency that prevents further participation. Such requests must be made in writing and accompanied by supporting medical documentation. Approved refunds for unused sessions may be subject to an administrative fee.

6. Scheduling and Cancellations Clients are responsible for scheduling their sessions via our designated online portal or by communicating directly with their assigned trainer, as per the instructions provided. A minimum of 24 hours’ notice is required for rescheduling or cancelling a session to avoid forfeiture of the session and/or fee as outlined in our Payment and Refund Policy. Missed appointments without the required notice may be forfeited. We understand that emergencies happen, and exceptions may be considered at our sole discretion.

7. Client Responsibilities Clients agree to:

• Be punctual and prepared for each scheduled session (e.g., having water, appropriate attire, and any necessary equipment for online sessions).
• Wear appropriate, clean athletic clothing and footwear suitable for exercise, and maintain personal hygiene.
• Truthfully and accurately provide all requested health and fitness information.
• Follow trainer instructions carefully and safely.
• Communicate any pain, discomfort, injury, or changes in health status to the trainer immediately.
• Refrain from using the Services if under the influence of alcohol or drugs that may impair their ability to participate safely.

8. Technology Requirements (for Online Services) For online Services, clients are responsible for obtaining and maintaining reliable internet access, a suitable device (e.g., computer, tablet, smartphone) with a functioning camera and microphone, and any other technology necessary for participation. Shape Up Fitness & Wellness Consulting Inc. is not liable for service interruptions, technical difficulties, or poor connection quality on the client’s end. If a session cannot proceed due to technical issues on the client’s end, it may be considered a forfeited session.

9. Intellectual Property All content provided as part of the Services, including but not limited to customized exercise programs, training plans, educational materials, videos, PDFs, guides, and communications (“Proprietary Materials”) are the intellectual property of Shape Up Fitness & Wellness Consulting Inc. and are protected by copyright and other intellectual property laws. These Proprietary Materials are for your personal, non-commercial use only. You may not copy, reproduce, distribute, share, sell, modify, display, or create derivative works from any Proprietary Materials without the prior express written consent of Shape Up Fitness & Wellness Consulting Inc.

10. Privacy We are committed to protecting your privacy. Our collection, use, and disclosure of your personal information are governed by our Privacy Policy, which is available on our Website at [Insert Direct Link to Your Privacy Policy Here – e.g., https://charlottepersonaltrainer.org/privacy-policy] and is incorporated herein by reference. We handle all personal information in compliance with applicable privacy laws. We will not share your personal data with third parties without your consent, except as required by law or as described in our Privacy Policy.

11. Modifications to Terms Shape Up Fitness & Wellness Consulting Inc. reserves the right to update or modify these Terms of Service at any time without prior notice, except where required by law. Any changes will be effective immediately upon posting the revised Terms on our Website. We will indicate the “Effective Date” at the top of these Terms. We may, but are not obligated to, also notify you of material changes via email or other direct communication. Your continued use of our Services after such changes are posted constitutes your acceptance of the new Terms of Service. It is your responsibility to review these Terms periodically.

12. Governing Law and Jurisdiction These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and you hereby consent to the exclusive jurisdiction and venue of such courts.

13. Severability If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

14. Entire Agreement These Terms of Service, along with our Privacy Policy and any signed waiver and health screening forms, constitute the entire agreement between you and Shape Up Fitness & Wellness Consulting Inc. with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Services.

15. Contact Information Shape Up Fitness & Wellness Consulting Inc. Email: michael@charlottepersonaltrainer.org Phone: 704-777-3743 Website: https://charlottepersonaltrainer.org

For any questions regarding these Terms of Service, please contact us at the email address provided above.