You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
If you are in the United States and think you are having a medical or health emergency, call 9-1-1 immediately.
TERMS AND CONDITIONS
ALL SALES ARE FINAL AND THERE ARE NO REFUNDS—ENTIRE OR PRORATED.
The following terms are fully and wholly incorporated into Private Client agreements, if applicable, or any other written agreements or purchases between you and Level One Training and Fitness dba thatgaytrainer.com, (whereas these terms shall stand alone in absence of any other written agreement). Should conflicting terms between the below Terms and/or your Private Client Agreement exist, Level One Training and Fitness dba thatgaytrainer.com (hereinafter referred to as “the Company”) reserves the right to determine the prevailing terms and/or if any provision, or portion thereof, of these Terms is, or becomes, invalid under any applicable statute or rule of law, it is to be deemed stricken and the rest of the Terms shall remain in full force and effect.
Electronic transmission of these terms and conditions to you constitutes your tacit acceptance of all terms and conditions (“Terms and Conditions”) outlined herein.
The Terms and Conditions contained herein apply to your current and future purchases, and agreements from the Company. Should these Terms and Conditions change, the Company reserves the right to determine the prevailing terms for future purchases and/or renewals and auto-renewals.
The Company may make changes to its Terms and Conditions from time to time (“Changes”). Communication of same to you, as well as important business information (“Information”), will be done via the email address you provided to the Company. You thusly agree not to unsubscribe or opt out from emails from the Company, and will ensure that emails from the Company are not being marked as spam by your email service. (i.e. by virtue of the Company attempting to email you Information or Changes, whether received by you or not, you agree wholly, fully, and irrevocably that the Company has satisfied all of its responsibilities regarding same.)
To keep our provision fair to all Private Clients, there will be absolutely no changes to our Terms and Conditions on a case-by-case basis, regardless of circumstance.
Under no circumstance shall any session, service, or package currently offered or sold at the Company, or one that is yet to be offered or sold at the Company, retain its monetary value, usability, or any utility value whatsoever beyond thirty (30) days after the termination date or expiration date of same. If no such termination date or expiration date is provided, the default termination or expiration date shall be thirty (30) days from the date of purchase.
Enrollments, Packages, Sessions and Service Agreements are billed as automatically recurring payments, billed monthly, or approximately every thirty (30) days from initial purchase date, for one year or month-to-month (“Term”). Enrollments and Packages will automatically renew after their Term, for one month or one year (“Renewal Term”), or any other agreed upon term, indefinitely and for the same duration of the Term for perpetuity.
Services may not be cancelled mid-Term (e.g. during the year or mid-month).
If any required payment due under any purchase and/or purchase agreement or contract with the Company is not paid when due, or if an event of default occurs, then the entire amount due under same, and any accrued interest thereon shall become immediately due and payable. Private Client shall be liable for any and all attorney fees and associated costs incurred by the Company in the effort to collect monies due in the event of breach or default of any purchase and/or purchase agreement or contract. The parties hereto agree that all actions or proceedings arising in connection with any purchase and/or purchase agreement or contract shall be tried and litigated exclusively in San Diego County courts in the State of California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of any purchase agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine, or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the San Diego County Courts located in the State of California shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or relating to any purchase and/or purchase agreement or contract. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. If any part of any purchase and/or purchase agreement or contract is deemed to be void or unenforceable, all other parts shall be given full force and effect.
Under no circumstance shall any program, agreement, purchase or obligation by any Private Client exceed a total monetary value or Private Client obligation in excess of $24,000 per year. This provision shall supersede any other provision included in any enrollment, agreement, purchase or obligation Private Client may have with the Company.
Cancellations of Single Sessions or Enrollment, Scheduling, and Absence Policies
To cancel a monthly enrollment (i.e. Virtual Training), Private Client must notify the Company in writing on or before the Private Client’s desired, final renewal (payment) date and in no event not less than thirty (30) days prior to the renewal (payment) date of a month-to-month program.
A minimum of twenty-four (24) hours notice is required to reschedule or cancel any Company appointment, session, or any other service offering. It is our desire to provide excellent service to all of our Private Clients, thus, if a Private Client is more than five minutes late to a scheduled Company appointment, session, or any other service offering; or is not present at all for the scheduled session, or any other service offering (the two scenarios collectively referred to here as a “no-show”); the Private Client acknowledges forfeiture of said appointment, session, or any other service, and no credit or refund shall be issued.
Except for one-time purchases made explicitly for a single session, single package, or single service (e.g. Fitness Consultation), Virtual Training Packages, and Personal Training Packages – may be automatically renewed for our Private Client’s convenience.
Any session/s or service/s that a Private Client may be entitled to during a month or program term, shall never “roll over” to the following month or term, or accrue in any way, under any circumstance.
Private Clients must reserve their session/s and service/s at least twenty-four (24) hours, or one full business day (weekday), in advance on a space available basis unless explicitly stated otherwise in a “standing appointment agreement.” Private Clients must reschedule or cancel any session, service, or appointment in writing via email, and notices must be received by the Company, at least twenty-four (24) hours prior to the reserved session, service, or appointment. Any Private Client who does not comply with this policy willingly sacrifices the session, service, or appointment, and any value thereof, fully and wholly.
The Company reserves the right, in its sole discretion, to alter or remove altogether the scheduled sessions or appointments of a Private Client with more than two (2) consecutive “no-shows.”
Medical, Vacation, or Work Leave
Month-to-month Enrollments and 90 Day Programs are not eligible for ANY type of suspension except as may have been explicitly stated otherwise in communication between the Company and the Private Client prior to this revision of the Terms and Conditions..
Schedule of Fees for Fitness Consultation/ Exercise Assessment
Fitness Consultation / Exercise Assessment. $110.00 (non-Private Client); up to 4 complimentary consultations annually (all Private Clients).
Schedule of Fees for Private Client Personal Training
Single Private Client Personal Training Session. $110.00 per session and as state on Services page unless explicitly offered otherwise.
Schedule of Fees for Virtual Training
Virtual Personal Training. As stated on Services page unless explicitly offered otherwise.
Schedule of Fees for Registered Dietitian Nutritionist (RDN) Counseling (CURRENTLY UNAVAILABLE)
1. Registered Dietitian Nutritionist Phone Consultation. Up to 4 complimentary phone consultations annually (all Private Clients).
2. Registered Dietitian Nutritionist Counseling Consultation (60 mins.). $160.00.
3. Registered Dietitian Nutritionist Counseling Follow-Up Appointment (30 mins.). $80.00.
These Terms & Conditions, and Rider A (“Confidentiality Agreement”) below, apply to all purchasers of any type of Company individual session(s), monthly enrollment, or package and any each and every first-time participant, whether a purchase has been made or not.
a. Private Client’s Obligation. Private Client shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Private Client’s failure to use the individual session or package. Payments are for the services and/or period, and at the rate as agreed to and set forth above and/or on any other Private Client agreement.
b. Form of Payment. All payments are payable by electronic funds transfer from the Private Client’s credit card account or debit card account.
Private Client must authorize payments to be made through a third party administered electronic funds transfer system. Transfer of fees will take place automatically as dictated by the schedule of Private Client’s agreement.
Private Client willingly agrees to not dispute or charge-back any amounts through Private Client’s card issuer or bank, regardless of Private Client’s rights and privileges with Private Client’s card issuer or bank. Any claim of disputed charges by Private Client against the Company must be resolved through binding arbitration, at expense of Private Client.
Private Client agrees that under absolutely no circumstances may any amount billed by the Company to Private Client be disputed through any claim or action against the Company if Private Client has not first contacted the Company in writing via registered USPS mail, within twenty (20) days of the billing date in question.
c. Returned Payment Penalty. Private Client will automatically be charged any bank fee imposed on the Company, plus a processing fee of $300 per card decline or transaction failure, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, the Company retains the right to collect the current and past due balances in any subsequent month.
d. Required Payments. Any agreement between Private Client and the Company shall not require payment at any time beyond $24,000.00 per year. Should any payment/s due and owing not be paid when due or if Private Client defaults or breaches Private Client agreement/s with the Company, Private Client shall not be required to pay amounts for same in excess of $24,000.00 per year until the latter of either the balance being paid in full or thirty six (36) months from the date this agreement was entered into has elapsed. That is, should Private Client default, breach, or not remit payment when due, regardless of the amount in default or owed, no payments exceeding $24,000.00 shall be immediately due to the Company by Private Client . On the three hundred and sixty sixth (366th) day from the date this agreement has been entered into, if a balance or amount in default remains, Private Client will be required to remit payment not exceeding $24,000.00. Private Client will be required to remit one final payment if a balance or amount in default still remains on the seven hundredth and thirty first (731st) day from the date this agreement has been entered into not exceeding $24,000.00. This provision supersedes all other provisions regarding any required payment. All other payments are voluntarily agreed to by Private Client.
e. Revocation. The Company (in its sole discretion) may revoke Private Client’s session credits, at any time and without refund, in the event that Private Client engages in behavior that is unsafe or objectionable to other Private Client or staff, or for reasons of nuisance, disturbance to other Private Clients or staff, moral turpitude or fraud, or personal hygiene and attire. the Company also reserves the right to require Private Client to leave for the day if, in the Company’s reasonable judgment, Private Client poses a health or safety risk to Client or others, or is disturbing or likely to disturb other Private Clients or staff.
PRIVATE CLIENT RiSK
a. Medical Recommendations. Private Client should consult with his or her physician or have a physical examination before using any of the Company’s facilities, equipment, or enrolling in any Company sessions especially if Private Client is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to physical exertion or has other physical limitations.
b. Private Client Conduct. Private Client shall not use any Company facility, service, or equipment in such a way as to endanger the health or safety of Private Client or others. Private Client shall be responsible for any property damage or personal injury caused by Private Client or his or her guests. Private Client agrees not to violate any laws while participating in any Company program or service.
c. Activity Risk. Any strenuous athletic or physical activity involves certain risks including severe injury and death. Private Client and his or her guests assume the risk of any and all accidents, injuries or death that may be sustained by, or in connection with, use of Company facilities or equipment. The Company cannot guarantee that any facility or equipment is free of risk. Private Client agrees to use care in the use of Company facilities, equipment, and services and to protect against accidents by other Private Clients.
d. Medical Disclaimer. Private Client has been informed and acknowledges that the Company makes no claims as to medical or fitness results that can or may be obtained through use of Company facilities, equipment or services. The Company has neither suggested nor will suggest any medical treatment to Private Clients. Only licensed medical professionals are qualified to give medical advice.
e. Private Client’s Health Warranty. Private Client represents that: (i) there are no medical or physical conditions that would preclude his or her use of Company facilities or equipment; (ii) he or she has not been instructed by any physician not to participate in any Company program or service; and (iii) he or she is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise.
f. Private Client Release and Indemnity. By completing a purchase with the Company, and/or by attending sessions; and/or by receiving exercise instruction; and/or by receiving nutrition counseling; and/or by otherwise participating in any Company activity, event, or service, Private Client hereby acknowledges and agrees that there are inherent risks in exercise, nutritional counseling, and usage of the facility, up to and including severe physical injury and death. Private Client fully indemnifies, releases, and holds harmless the Company and its affiliates, agents, contractors and employees from any claim or cause of action against the Company and/or its affiliates, agents, contractors and employees. Private Client assumes full responsibility for his or her use of Company facilities, equipment, and services and shall indemnify, release, and hold harmless the Company and its shareholders, affiliates, contractors, agents and employees.
Private Client further agrees that neither Private Client , Private Client’s heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against the Company or its Private Clients, officers, employees, contractors, or representatives for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. Private Client further agrees that neither Private Client, Private Client’s heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against the Company or its Private Clients, officers, employees, contractors, or representatives for any cause other than personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
g. Prevailing Party. In the event Private Client commences an action against the Company or its affiliates, agents or employees and fails to obtain judgment or partial judgment in Private Client’s favor, Private Client shall be liable to the Company for all costs and expenses associated with the Company’s defense of the action or any claims on which Private Client did not prevail, including attorney’s fees and costs.
h. Costs of Collection. Private Client agrees to pay all costs plus reasonable attorney’s and collection fees in connection with the Company’s (or the Company’s designee’s) collection of any amounts owed by Private Client in addition to a $5,000 collection penalty.
i. Loss of Property. Private Client is urged not to bring valuables onto Company premises and to keep valuables with him or her at all times. The Company shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities, and jewelry).
j. Nonjudicial Claims or Complaints. Private Client agrees that under no circumstance may he/she bring a nonjudicial claim or complaint against the Company, and willingly forfeits any type of right to bring a nonjudicial claim or complaint against the Company, with any nonjudicial local or national entity (e.g. Department of Consumer Affairs or Better Business Bureau).
a. Private Client’s and Guests Rules. Private Client and his or her guests shall abide by Company rules and regulations and any amendments and/or modifications thereto.
b. Dress Code. Proper athletic attire is required. The Company reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
c. Independent Contractors. From time to time, the Company may make the services of independent contractors available to Private Client and his or her guests. The Company does not warrant or guarantee the quality of these services.
d. Special Events. The Company may from time to time reserve the use of its facilities for special events, competitions and private functions. Such Special Events shall not affect any Private Client obligations nor may they be construed as breach (e.g. as a disruption of and/or failure to provide services).
e. Change in Session Hours. As a result of repair, maintenance, Special Events, legal matters, or act of God, the Company may be required to restrict the use or temporarily close its facilities or activities from time to time. There will be no reduction or suspension of fees during such time when the above-mentioned occurs. Hours of operation and session schedules, may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the Company’s discretion.
f. Children’s Use. All children under 18 years of age must be accompanied by a parent at all times unless they are in a supervised activity. Children under age 13 are not permitted on any Company premises.
g. Food & Beverages. No food or beverage items other than plain water are permitted on Company premises.
a. Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
b. Enforcement. If any provision of Private Client’s contract is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
c. Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of the state of California, without regard to its conflict of law principles. Private Client hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in the State of California for any actions, suits or proceedings arising out of or relating to this agreement.
d. Entire Agreement. This contract and all rules and regulations of the Company, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements. This agreement may be modified only by an instrument in writing and only by the Company.
“Private Client” as defined above, and herein identified below as “Recipient,” voluntarily and willfully wholly agrees to the following in regard to keeping confidential “Confidential Information,” as delineated and set forth as follows:
1. The Confidential Information to be disclosed can be described as and includes:
Any communication – spoken, written, or electronically transmitted – by the Company and its employees, contractors, staff, and officers (collectively referred to herein as “Staff”) in relation to personal or business affairs, including but not limited to any business or personal information Recipient may acquire about company DIRECTLY OR INDIRECTLY (e.g. overheard conversations, emails, an any other form of communication), including but not limited to business methods, intellectual property, trade methods, other invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, existing and/or contemplated products and services, research and development, financial information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.
2. This Agreement imposes no obligation upon Recipient with respect to any Confidential Information that becomes a matter of public knowledge through no fault of Recipient. However (a) any information received by Recipient from a third party, owing or not owing a duty of confidentiality to the Discloser, that can be construed as Confidential Information, and (b) any information that is independently derived by Recipient through Recipient’s relationship with Company or Staff, shall be considered Confidential Information and thusly subject to the binding confidentiality terms of this agreement.
3. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information. Any addition or modification to this Agreement must be made in writing and signed by the parties.
4. Company fully recognizes Recipient’s right to free speech, however Recipient willingly agrees not to author or post, or have posted on his/her behalf, any content, reviews, or ratings that in any way negatively depict Company or Staff on any website or mobile platform, either currently in existence, or yet to be created.
5. Recipient acknowledges that any breach of this agreement can be unquantifiably injurious to Company, Staff, and any other current or future business ventures.
6. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in San Diego County courts in the State of California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine, or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the San Diego County Courts located in the State of California shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or relating to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. If Company must bring legal action to enforce any part of this Agreement, it shall have the right to collect from the other party (Recipient) its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.
7. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.
8. There is NO TERM of this Agreement; it shall survive in perpetuity. This Agreement shall remain binding despite any temporary or permanent changes in the relationship between the Recipient and Company.
90 DAY PERSONAL TRAINING PROGRAM GUARANTEE TERMS
This guarantee only applies to programs charged at the standard, publicized rate.
1. To be eligible, Private Clients must:
A. Be formally enrolled in the 90 Day Personal Training Program which includes at least twelve (12) personal training sessions per month; and attend a minimum of three (3) Personal Training sessions (“Sessions”) per week, for a period of three (3) months (“Program Term”).
B. To allow for sickness, vacation and other necessary absences, Private Clients may miss up to four (4) Sessions during the Program Term, but must attend at least thirty-five (35) sessions during the Program Term.
C. Consent to any and all monitoring and testing protocol (i.e. biometric measurements) at any point in time, including the following, and as delineated below:
-Private Client must wear a heart rate monitor during all Sessions.
-Private Client must consent to all photography and videography required for movement analytics.
-Have an account in good standing and abide by all other Company rules, terms, and policies.
-Private Client’s account may not have any open unpaid balances or returned payments.
-Private Client’s credit card cannot have declined for any transaction during the Program Term.
2. The 90 Day Personal Training Program may not be combined with any month-to-month enrollment, or any other offer, promotion or discount.
3. The biometric measurements of 90 Day Personal Training Program will be determined as follows:
(1) Lean Body Mass and (2) Fat Mass
Body composition shall be measured by either skin fold testing (i.e. via calipers), bioelectrical impedance, or other measures (e.g. DEXA, air displacement, water immersion, etc.), or in any combination thereof, wherein the highest calculation determining body fat and the lowest calculation determining lean body mass shall be used prior to commencement of Private Client’s training (i.e. Program Term Sessions); and wherein the lowest calculation determining body fat and the highest calculation determining lean body mass shall be used to tally the Private Client’s total loss (fat) or gain (lean mass) during or after the Program Term. While the aforementioned modes of body composition testing may be utilized, the Company further reserves the right to use an increase/decrease in BMI (Body Mass Index) or Circumference Measurements in lieu of the above.
Strength shall be measured using any combination and variation of the Squat, Bench Press, Deadlift, Push-up, Pull-up and/or inverted rows, wherein the lowest calculation of strength prior to commencement of Private Client’s training (i.e. Program Term Sessions) will be compared to the highest calculation of strength during or after the Program Term. The Company reserves the right to use any form of strength calculations including but not limited to estimations of a one-repetition strength maximum using accepted five and three repetition maximum calculation methods, or base changes in strength from previous training sessions in which a Private Client completed a single rep to five repetitions in a single set.
(4) Cardiopulmonary Fitness
Cardiopulmonary Fitness will be measured using any combination Heart Rate (HR) measurements including but not limited to average heart rate, recovery heart rate and their relationship to exercise duration, as well as Lactate Threshold and or VO2 Max testing, wherein the lowest calculation of Cardiopulmonary Fitness metrics prior to commencement of Private Client’s training (i.e. Program Term Sessions) will be compared to the highest calculation of Cardiopulmonary Fitness metrics during or after the Program Term to determine the overall improvement in Cardiopulmonary Fitness.
(5) Movement Capacity: Mobility/Flexibility
Mobility and Flexibility will be determined using the Functional Movement Screen (FMS) or other mobility and flexibility evaluations (e.g. Sit and Reach, Thomas Test, Thoracic Spine Rotation Test, etc.) to develop an overall evaluation of Mobility and Flexibility prior to commencement of Private Client’s training (i.e. Program Term Sessions). Changes in Mobility and flexibility will be calculated by comparing any of the measurements determined by the FMS and/or other mobility and flexibility evaluations taken prior to commencement.
4. Improvement in the performance-dependent biometric measurements above (i.e. Strength, Cardiopulmonary Fitness, and Mobility/Flexibility), may be determined in conjunction with, or by being substituted by, performance outputs during Program Term Sessions.
5. Only first-time 90 Day Personal Training Program customers making a first-time purchase after July 1st 2018 are eligible. For those eligible, the 90 Day Personal Training Program Term shall apply to the 90 Day Personal Training Program only, i.e. does not apply to any purchases made later in time, or duration of any other term/enrollment beyond a customer’s initial and only Program Term, or beyond a customer’s first ninety (90) days engaged with the Company.