MakeSumGains Membership
[No refunds]
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$50.00 USD
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I have read and agree to the terms and conditions of this page as follows:
This Client Agreement (the âAgreementâ), dated {{curDate | mediumDate}}(the âEffective Dateâ), is made by and between Summer Vennewitz LLC and {{client.name}}.
I enter into this Agreement by and between Summer Vennewitz LLC which will be providing services through its employees. I have requested that Summer Vennewitz LLC provide my nutrition and training plan and ongoing support (âthe serviceâ), with such service to be provided in consideration for a fee, and Summer Vennewitz LLC agrees to provide said service subject to my agreement to the following additional terms and conditions as follows:
1. Express Assumption of Risk
1.1 I am aware that there are significant risks involved in all aspects of athletic activities and physical training particularly in circumstances whereby I am following an online training program. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, Summer Vennewitz LLC or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself.
1.2 I understand that the service may result in a lowering of my usual calorie intake which could result in the feeling of light-headed, faint, dizzy or nauseated. Further I understand that the exercise plans provided as party of the service may include weightlifting, gymnastics movements, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during the provision of the service. I understand that should I feel light-headed, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity or the nutrition plan and inform Summer Vennewitz LLC.
1.3 I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or under direction of Summer Vennewitz LLC, including any meal plan or nutrition system. I am aware that this agreement is ongoing and will apply to all future occasions I participate in the services provided by Summer Vennewitz LLC.
1.4 I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others. I represent that I am not aware of any medical or physical condition that would prevent me from participating in the exercise program outlined by Summer Vennewitz LLC or from following and using nutrition advice provided by Summer Vennewitz LLC which pose a serious health risk to me.
2. Membership and Service
2.1 I understand and acknowledge that the membership and service entitles me to the following: individualized macro plan, nutritional guidance as progression allows, exercise programming, weight training video demos, supplement plan and accountability groups.
2.2 I acknowledge that the service is provided for a fee and that my participation as recipient of the service is at my own free will and that I accept the service and adhere to the programs provided as part of the service having ensured I am fit, healthy and able to follow the programs.
3. Waiver
3.1 In consideration of my participation in the service provided by Summer Vennewitz LLC, I, for myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Summer Vennewitz LLC and/or its members, managers, officers, directors, agents, employees, and affiliated entities (Hereinafter referred to as âReleasesâ) from liability, from any and all claims, including any negligence of Summer Vennewitz LLC resulting in death, personal injury, accident or illnesses and property loss arising from, but not limited to, participation in the service and adherence to the programs provided by Summer Vennewitz LLC wherever located and by whomever provided.
3.2 In further consideration for the right to use equipment recommended by Summer Vennewitz LLC as part of its programs, I acknowledge and agree that Summer Vennewitz LLC has not inspected the equipment or the suitability of the area for the training which I will conduct the program as I accept this is an online service. I expressly release, hold harmless, discharge and indemnify (Including costs and solicitor fees including disbursements) Summer Vennewitz LLC and Releases for any loss, injury or damage from any cause, including negligence arising out of any advice, and/or arising out of the recommended use of equipment by Summer Vennewitz LLC.
4. Fees and Payments
4.1 In return for our services, you agree to pay: $47USD/month
(a) the First Payment Fee set out in this agreement; $47USD
(b) regular payments by direct debit, upon the signing of a direct debit form on request from Summer Vennewitz LLC. You agree to notify Summer Vennewitz LLC in the event of any payment detail changes including bank account and/or credit/debit cards. After the end of the Minimum period, ongoing payments will continue until you terminate this agreement in accordance with the Termination clause herein.
4.2 It is your responsibility to keep your account in funds and to pay all your own bank fees including fee which you bank has charged if you account is overdrawn as a result of a direct debit. If any direct debit fails, we will either add the outstanding sum to the next direct debit, or make additional direct debits to recover the outstanding amount. We can charge you a reasonable administration cost. If your account is more than 3 weeks in arrears, we have the right to forward this agreement and your details to a debt collection agency or a lawyer to recover our fees. In this event you accept you are liable for our legal fees and interest.
5. Cancellation / Termination
5.1 You may cancel your Summer Vennewitz LLC membership at any time. NO REFUNDS.
6. Photography/Video/Marketing Release
6.1 Participants involved in any activities offered by Summer Vennewitz LLC may be photographed or videotaped during provision of the service including online consultations. I hereby consent to the use of these photographs and/or videos without compensation, on the Summer Vennewitz LLC website, Facebook page or in any editorial, promotional or advertising material produced and/or published by Summer Vennewitz LLC both online and/or in print. I acknowledge that such photographs/video may include (but not limited to) âbeforeâ and âafterâ photographs along with any statistics as to my weight loss and weight journey.
7. Severability and Jurisdiction
7.1 I further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the law and if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further acknowledge and agree that this Agreement shall be governed by and shall be construed in accordance with the law.
8. Indemnity
8.1 I recognize that there are risks involved in the types of activities and services offered by Summer Vennewitz LLC. Therefore I accept financial responsibility for any injury that may be caused to me or to any other participant due to my negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur solicitors fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs.
8.2 I further agree to indemnify and hold harmless Summer Vennewitz LLC, their principals, agents, employees, trainers, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered as part of the service by Summer Vennewitz LLC, whether online, in person or at a location directed or recommended by Summer Vennewitz LLC. This includes but is not limited to parks, recreational areas, playgrounds, and/or any area selected for provision of the service by Summer Vennewitz LLC.
9. Payment Authority
9.1 I hereby authorise any and all payments due to Summer Vennewitz LLC by me. I, further authorise my credit card company or bank to make payment(s) to Summer Vennewitz LLC by the method(s) indicated via the direct debit form and to deduct such payment from my account. I understand that some payment periods may have less engagement and provision of service (due to public holidays) however the weekly fee will still be deducted - unless previously agreed upon by me and Summer Vennewitz LLC
9.2 FOR BILLING QUESTIONS: please email
[email protected]
10. Acknowledgment of Understanding
10.1 I have read the Release of liability, waiver of claims and assumption of risk provisions in this Agreement and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the Agreement freely and voluntarily and intend, by my signature, that this document be a complete and unconditional release of liability to the greatest extent allowed by law. I further certify that I have fully read and understand the terms of this agreement and will comply with the contents herein.