Liability Release


Welcome to the T-Martin Fitness family of clients! T-Martin Fitness has been helping its clients achieve their fitness and nutritional goals for over 18 years, and we are appreciative of the trust you have placed in us. Before we begin providing you with our coaching services (the “Services”), we ask that you read over our terms of service below (the “Terms of Service”). If you have any questions regarding the Terms of Service, please let us know. If not, we ask that you acknowledge your agreement to these Terms of Service by signing and returning a copy in accordance with the instructions below, at which time these Terms of Service will become a binding agreement between us governing the Services we will provide (the “Agreement”). In the paragraphs below, you will be referred to as “you” or the “Client,” T-Martin Fitness will be referred to as “us” or “T-Martin Fitness", and the T-Martin Fitness coach assigned to you will be referred to as the “Coach.” T-Martin Fitness, Client and Coach and Client may be referred to individually as a “Party and collectively as the “Parties.”

  1. Assignment of Coach: By entering into this Agreement and paying the fees described below, you will have access to the services described on the signature page to this Agreement (collectively, the “Services”). Some of the Services are provided directly by T-Martin Fitness through the T-Martin Fitness app. Other Services are provided by your Coach, an individual who has been trained to provide personalized coaching services using the T-Martin Fitness system, and who has been assigned to you by T-Martin Fitness. As described further below, your Coach is an independent contractor to T-Martin Fitness and as such T-Martin Fitness is unable to guaranty that a particular coach will be assigned to you, or that any assignment will last for the entire Term of this Agreement. If your Coach’s independent contractor relationship with T-Martin Fitness is terminated for any reason, or if you request a different coach, T-Martin Fitness will assign a new coach to work with you for the remainder of your contract Term. While you Coach is covered by certain provisions of these Terms of Service, this Agreement is between you and T-Martin Fitness, and T-Martin Fitness is solely responsible for assigning to you the coach it believes most appropriate for you and your individual needs and goals.
  2. Term; Client: The initial term of our Agreement (the “Term”) is for the time period identified in Section 7 below, and commences on the date you sign this Agreement (or other future date you specify). Prior to the end of the Term, we will notify you of any changes to our fees or the Terms of Service, and you can determine if you would like to renew for an additional term. Client fees are due in advance of your receipt of Services and there are no refunds if you terminate prior to the end of the Term.
  3. No Medical Advice: You acknowledge and agree that neither Trevor Martin Fitness nor your Coach is a licensed medical service provider (e.g., doctor, nurse or nutritionist), registered dietician or any kind of licensed or certified professional (collectively, a “Certified Professional”).T-Martin Fitness and its Coaches only provide general strength, cardio and nutritional advice, and such recommendations should not in any way be construed to be advice provided by a Certified Professional. T-Martin Fitness strongly recommends that before you begin implementing or using any of the recommendations provided by T-Martin Fitness or your Coach, you should consult a medical doctor. If you elect to not consult with a medical doctor, you agree that you are proceeding to implement T-Martin Fitness and your Coach’s recommendations at your own risk. Furthermore, you acknowledge and agree that you have no known physical or mental condition which would limit your ability to implement fitness or nutritional recommendations by your T-Martin Fitness or your Coach, and you will notify T-Martin Fitness and your Coach of any such condition which arises while you are receiving our Services.
  4. No Guaranty of Results: All recommendations of T-Martin Fitness and your Coach are intended to help you achieve your stated fitness and nutritional goals. However, you acknowledge and agree that the achievement of such goals depends on many variables, and that neither T-Martin Fitness nor your Coach can guaranty any particular results, or the timing of such results.
  5. Liability Release and Indemnity: By agreeing to receive the Services provided by T-Martin Fitness and your Coach, you acknowledge that any physical activity or changes to your diet involve the risk of personal injury, pain, suffering, temporary or permanent disability or even death. Notwithstanding such risk, you acknowledge that you are voluntarily participating in the activities suggested by T-Martin Fitness or your Coach with knowledge of the potential danger involved, and you therefore agree to accept and assume any and all risk of injury, disability or death. By accepting the Services and agreeing to these Terms and Service, you agree to unconditionally release, indemnify, and hold harmless T-Martin Fitness and your Coach, and each of their respective successors, heirs, assigns, subsidiaries, parent corporations, affiliates, agents, legal representatives, attorneys, employees, officers, directors, managers shareholders (collectively, the “Released Parties”), from and against any and all manner of actions, claims, liabilities, causes of action, suits, proceeding, debts, dues, contracts, judgments, damages, claims and demands of every kind or character, whether known or unknown, fixed or contingent, in law or equity that you may have or claim to have against the Released Parties for any reason, including without limitation, those present and future, known or unknown, accruing or otherwise arising by reason of, or in any way connected with this the Services you receive and these Terms of Service. This waiver and release does not extend to claims for any intentional torts, or any other liabilities that Richmond, Virginia law does not permit to be released by these Terms of Service. If any portion of the release and indemnity contained in this Section 3 is held invalid, it is agreed the remaining portion(s) shall notwithstanding, continue in full legal force and effect. For purposes of clarity, both Trevor Martin Fitness and your Coach are covered by your release and indemnity obligation, and your Coach is an express intended third-party beneficiary of the foregoing release and indemnity.
  6. Miscellaneous Provisions. These Terms of Service constitute our complete Agreement relating to the Services you are to receive from T-Martin Fitness and your Coach, and supersede any and all prior or contemporaneous agreements or understandings between the Parties. These Terms of Service may be modified by T-Martin Fitness at any time, provided that upon your receipt of notification of the change you do not agree to such modification, you may terminate your receipt of the Services and receive a refund for any unused Services. Your Coach is an independent contractor to T-Martin Fitness, and is not to be construed as an employee, agent, partner, or legal representatives of T-Martin Fitness. Your Coach does not have the authority to act in the name or on behalf of, or otherwise bind, T-Martin Fitness in any way, including but not limited to, changes to these Terms of Service. No failure on the part of any Party to exercise, and no delay in exercising, any right, power or remedy under these Terms of Service shall operate as a waiver thereof. If any provision of these Terms of Service is judicially determined to be invalid or unenforceable, such provision shall be deemed to be severed from these Terms of Service and every other provision of these Terms of Service shall remain in full force and effect. All notices required under this Agreement shall be in writing and shall be delivered by personal delivery, electronic mail, facsimile transmission or by certified or registered mail, return receipt requested, and shall be deemed given upon personal delivery, five (5) days after deposit in the mail, or upon acknowledgment of receipt of electronic transmission. Notices sent to you shall be sent to the most recent address you have given us. These Terms of Service shall be governed by and construed in accordance with the laws of the state of Florida without regard to its conflicts of laws principles. Each Party agrees that the exclusive jurisdiction for any litigation arising under our Agreement, these Terms of Service or the Services provided hereunder shall be the state and federal courts located in Hillsborough County, Florida. The Party which substantially prevails in any such litigation will be entitled to a judgment against the other Party for the costs of such action, including court costs and reasonable attorneys' fees.
  7. Rates and Services: You have agreed to pay $ for from to, which includes the following:
  • Virtual nutrition and/or fitness coaching tailored to your particular needs and goals;
  • Weekly, Bi-weekly or group accountability check-ins;
  • Access to Trevor Martin Fitness educational tools and resources related to physical, mental and social well-being;
  • Private Q&A sections with Trevor Martin Fitness;
  • Access to exclusive clients-only Trevor Martin Fitness Facebook group; and
  • Access to customized fitness and nutritional coaching app.

Please acknowledge your agreement to the above described Terms of Service, at which time these Terms of Service will become a binding Agreement between you and T-Martin Fitness.

Leave this empty:

Signature arrow sign here


Signature Certificate
Document name: Liability Release
lock iconUnique Document ID: 9a2c090005f53819a4a85d264cb8236e2edb814d
Timestamp Audit
03/29/2024 7:48 am EDTLiability Release Uploaded by Trevor Martin - info@tmartinfitness.com IP 49.43.98.122
Audit trial Qr code
This audit trail report provides a detailed record of the online activity and events recorded for this document.
https://tmartinfitness.digitalfitcoach.com/
Audit Trail Serial# 5f9041392d2c86badc7a52a63b8c0993