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TERMS OF SERVICE

Last updated 25 October 2023.

For more information regarding our Terms of Service, please email janica@trainandregain.com

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CANCELLATION POLICY

  1. Clients must provide at least 24 hours notice to cancel or reschedule a training session.

  2. If a client cancels or reschedules a session with less than 24 hours' notice, the session will be considered a "late cancel" and will be charged at the full rate.

  3. If a client does not attend a scheduled session, the session will be considered a "no-show" and charged at the full rate.

  4. If a client needs to cancel or reschedule a session due to an unforeseen emergency or illness, the session will not be considered a late cancel or no-show. However, it will be up to the discretion of the trainer as to what the appropriate outcome is, whether that be to re-schedule, refund or partial refund

  5. For clients participating in online training programs, it is required for you to sign into a lock-in contract for eight weeks. 

  6. If you have to cancel within this 8-week lock-in period due to injury or illness, I will require a medical certificate to certify these reasons.

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TERMS AND CONDITIONS

  • The Client is engaging with Train&Regain for personal training services to be provided by Janica Duncombe, Owner and Personal Trainer of Train&Regain.

  • Personal Training sessions will be of 30minute or 45minute duration.

  • The Trainer (Janica Duncombe) will create an exercise program geared to the Client’s fitness level and experience in order to meet the Client’s objectives.

  • The Client agrees to sign and return the Informed Consent and Assumption of Risk and Release of Liability before the first training session with The Trainer.

  • The Client agrees to inform Janica Duncombe, owner of Train&Regain of all conditions, medical or otherwise, that may affect the Client’s ability to participate in Training Sessions.

  • Training Sessions may include, but are not limited to, the following activities: testing of physical fitness; exercise; aerobics and aerobic conditioning; cardiovascular training; weightlifting and training; and stretching.

  • All Personal training services have pre-determined price. This price is to be paid prior to the commencement of any 1on1, 2on1 personal training sessions and any online training program, Including Online coaching, Premium Online Training+Nutrition and Cancer Recovery. 

  • The Client shall provide twenty-four (24) hour notice of any necessary cancellation of a scheduled Training Session. Failure to provide twenty-four (24) hour notice shall result in the Client being charged the full rate for the cancelled/missed Training Session. Train&Regain will endeavour to also provide the Client twenty-four (24) hour notice of any scheduled Training Session that may need to be cancelled; however, there may be instances where this is not practicable, and such would not constitute a breach of this Contract on behalf of Train&Regain.

  • The Client agrees to indemnify and hold harmless Train&Regain and/or Janica Duncombe for any injuries, illnesses, and the like experienced as the result of the Client’s Training Sessions. 

  • All Online Training options, including Online coaching, Premium Online Training+Nutrition and Cancer Recovery, are subject to an 8-week locked-in period. Where the client must pay for 8 weeks before being able to terminate the training contract. Much time and effort goes into the construction of individualised programs, and this 8-week period covers any loss of this time or effort due to a change of mind. If a client needs to terminate their online training service within these 8 weeks due to a health condition or injury, they must provide a medical certificate. 

  • While Train&Regain and/or Janica Duncombe fully believe exercise, specifically exercised personalised to the Client, is beneficial to the Client’s health and wellness, I cannot guarantee the results of Training Sessions. Train&Regain makes no representations and/or warranties that the Client will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or attain any other particular and/or specific results. I strongly encourage the Client to follow a healthy diet in conjunction with personal training and continued exercise.

  • This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered, or supplemented except in writing, signed by both the Company and the Client.

  • In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

  • This Agreement shall be governed and construed in accordance with the laws of the state where the Training Sessions will occur, without giving effect to any conflicts of laws provisions.

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BY ENTERING INTO SERVICES PROVIDED BY TRAIN&REGAIN THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
 

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