Terms and Conditions

Terms & Conditions

​

Welcome to martinmarinfitness.copm (“Website”) an online personal training program and third-party personal training company owned and operated by Train With Martin LLC (“Train With Martin”, “we”, “us”, or “our”) that provides its Clients (as defined below) with online personal training services through a mobile app or a web browser via recurring dues subscriptions (“TWM Services”). For greater certainty, “TWM Services” includes any use of the mobile app or access to resources generated by Train With Martin (as defined below) through the mobile app, desktop or direct coaching. These Terms & Conditions are a legally binding agreement between you and Train With Martin regarding your use of the Website and use and purchase of TWM Services. By accessing or using the Website or using or purchasing any of the TWM Services (as defined below) you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, including any additional guidelines, the Train With Martin Privacy Policy, and any future modifications thereto (collectively, the “Agreement”), whether or not you become a Client of Train With Martin by registering an account for the TWM Services (“Client” or “you”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE WEBWEBSITE AND/OR TWM SERVICES AND/OR TWM SERVICES OR THE SERVICES. Your use of, or participation in, certain services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such services.

​

This Agreement is subject to change by Train With Martin in its sole discretion at any time, with or without notice. Your continued use of this Website or the TWM Services after the posting of revisions to this agreement will constitute your acceptance of such revisions.

​

  1. Use of Website and TWM Services. As a general user of the Website and/or VC Services or a Client registered to use any of the TWM Services, you agree to the following:
    1. Eligibility
      1. Minimum Age. You must be at least 18 years old to register for the services. By using the services, you represent and warrant that you are at least 18 years old.
      2. Health Information. The information provided through the Website and/or the TWM Services may contain general health information. THIS WEBSITE AND/OR TWM SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE AND/OR THE TWM SERVICE. You represent that you are in good physical condition and may have no medical reason, impairment, or disability that might prevent you from using all Train With Martin programs or services. As such, you acknowledge that Train With Martin did not give you medical advice before you enrolled, and cannot give you any after you enroll, or discuss them with your doctor before participating in any programming.
    2. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Train With Martin is not responsible for third party access to your account that results from theft or misappropriation of your usernames and passwords.
    3. Risk Assumption and Precautions. YOU HEREBY ACKNOWLEDGE THAT Train With Martin LLC MAKES NO WARRANTIES AND DOES NOT GUARANTEE INDIVIDUAL RESULTS. YOU, NOT VISION CAPTURED LLC, ARE PERSONALLY RESPONSIBLE FOR THE ACHIEVEMENT OF INDIVIDUAL PERFORMANCE GOALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT PHYSICAL EXERCISE IS INHERENTLY DANGEROUS AND CARRIES WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY AND PROPERTY LOSS. YOU UNDERSTAND AND AGREE THAT YOU ASSUME THE RISK OF PARTICIPATING IN THE TRAINING AND ACTIVITIES RECOMMENDED BY Train With Martin LLC, ITS AGENTS AND REPRESENTATIVES. YOU HAVE NOT BEEN ADVISED AGAINST PARTICIPATION IN A PHYSICAL EXERCISE PROGRAM BY A QUALIFIED HEALTH PROFESSIONAL.
    4. No False Information. You will not provide inaccurate, misleading or false information to Train With Martin or to any other user. If information provided to Train With Martin subsequently becomes inaccurate, misleading or false, you will promptly notify Train With Martin of such change.
    5. Ownership Rights. In downloading any content from Train With Martin to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the subscription to Train With Martin is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights.
    6. Intellectual Property Rights. You agree that when you register, activate and download any content from your VC Services that you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Websites in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
    7. TWM Services Code of Conduct. Interactions with Other users and Clients and any Train With Martin employee. You are solely responsible for your interactions with other users of the Website (“Users”) or Clients or any Train With Martin employee. Train With Martin makes no representations or warranties as to the conduct of Users or Clients and shall not be in any way liable for any conduct of any User or Client. You agree to take reasonable precautions in all interactions with other Users and Clients, particularly if you decide to meet offline or in person a User and/or a Client. You should not provide your financial information (for example, your credit card or bank account information) to other Users or Clients.
      1. Release. You hereby release Train With Martin its owners, affiliates, contractors, employees, agents or third party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other Users, Clients or representatives.
    8. Distribution. You agree that in downloading any service or product from the Website or TWM Services, you will not rent, lease or lend it to a third-party nor decompile, reverse engineer, modify or derive content from the Websites and/or TWM Services and/or make it available over a network where it could be used by multiple devices at the same time.
    9. Right of Refusal. We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your registration or subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the marketplace, our other users, and Forum members into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Website or to the contents and components of the Websites or are in any way in breach of these Terms and Conditions.
    10. Free Trials, Discount Codes, and Promotions. Train With Martin may periodically run promotions that may include discounted rates, bonus time on dues, free trial periods, or other incentives to enroll in Train With Martin services. All incentive programs adhere to the Train With Martin Terms and Conditions. Current clients will not be eligible for discounts or promotions while enrolled in a TWM Service.
      1. At-Home Quarantine Promotion: Offer is only valid until the CDC has lifted the recommendations for Fitness Center closures in the United States. Must be 18y or older to participate. Must become a Subscriber.
  2. Modifications to the Website and/or the TWM Service. Train With Martin reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the TWM Service (or any part thereof) with or without notice. You agree that Train With Martin shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Website and/or the TWM Service.
  3. All Payments. In purchasing any product or services from the Websites (‘the purchase’) you agree to:
    1. pay using a valid credit card or bank account (or other form of payment or use of payment provider as Train With Martin, LLC may allow) in the manner required by and under the Terms and Conditions outlined by the nominated payment system provider;
    2. provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card or bank account details and billing information as required without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete.
    3. We reserve the right to refuse to continue with your purchase, or put on hold or terminate your access to the Websites and Train With Martin Subscription or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the purchase;
    4. Pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the purchase ("the costs"); and
    5. All costs are in United States dollars (USD) unless otherwise indicated.
  4. TWM Service Online Subscriptions and Membership
    1. Membership. After selecting the online subscription service program of choice, you will register for an account on the Website. Each online subscription service program will have a different service outline and this membership will either be a monthly recurring program or a one-time payment program which both will be delivered online. Online programs begin on the date of enrollment and continue indefinitely unless canceled (see Section 5.4). Cancellations are subject to providing full payment of any unpaid dues or indebtedness. Clients using the TWM Services online to receive training, instruction, and coaching provided by Train With Martin are known as Clients. Once enrolled, Clients can use the mobile app and coaching services provided by Train With Martin.
    2. Online Subscription Services Payment Terms. You authorize VISION CAPTURED to charge the Payment Account designated during the registration process the current fees and charges for each term according to the online subscription plan. You are responsible for any charges associated with connecting to the Website and/or VC Services, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide Train With Martin with accurate, complete and updated information as to your legal name, address, phone number, e-mail address and payment information provided by you at registration. Failure to do so shall constitute a breach of these Terms.
    3. Subscription Services Billing. All of our online training subscription plans recur on a monthly basis at the then-current rate until canceled in accordance with the terms discussed below under “Cancellation/Termination of Online Subscription Services.” Billing occurs at the beginning of the online subscription cycle and provides unlimited access for one month thereafter. If you cancel your online subscription, you may use your online subscription until the end of the then-current term and your subscription will not be renewed after the then-current term expires. By accepting these Terms, you accept responsibility for all recurring charges prior to cancellation.
    4. Cancellation/Termination of Online Subscription Services.
      1. You may cancel your online TWM Services at any time by:
        1. Emailing [email protected] and requesting to cancel the online TWM Services. Please include your name and reason for cancellation.
        2. You must cancel at least 14 days prior to your renewal period or at least 24h prior to your trial period ending (“Renewal Date”).
          1. Example 1. Your Renewal Date is 01/15/2020 and you give your Notice on 01/10/2020. You will have a final billing cycle on 01/15/2020 where you can utilize your TWM Services through 02/14/2020.
          2. Example 2. Your Renewal Date is 01/15/2020 and you give your Notice on 01/01/2020. You can utilize your TWM Services through 01/14/2020 with no further billing.
      2. Train With Martin may, at its option, terminate your online TWM Services subscription if (1) any payments that are late, (2) the monthly EFT payments are interrupted or discontinued for any reason and you or your co-signer do not provide an acceptable alternative, (3) you violate any part of this agreement or (4) your conduct is improper or harmful to the best interest of Train With Martin or others. Termination is effective on the date Train With Martin emails a written notice to your last known email address. You are liable for all financial obligations until that date and for the dues and fees of any remaining unused months. If you prepaid your dues and fees, Train With Martin will not refund any unused portion.
  5. Risk
    1. Title of the purchase will pass to you on receipt of full payment from you or when you receive the purchase, whichever happens later.
    2. Risk of loss or damage to the purchase will pass to you when we provide the purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.
    3. Where we send you the purchase by email delivery, and you claim that you have not received such delivery, then you must contact our Client Care email at [email protected] within 7 days of the date by which you placed the order for the purchase for Train With Martin, LLC to investigate your claim.
  6. Warranty/Refund
    1. No Warranties; “As Is,” “As Available,” and “With All Faults”. To the fullest extent permissible pursuant to applicable law, Train With Martin, and its affiliates, partners, and suppliers disclaim all warranties, statutory express, implied or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You expressly agree that the use of the Website and/or the TWM Services is at your sole risk and that any advice that may be posted on the Website and/or the TWM Services is for informational and entertainment purposes only and will not create any warranty not expressly stated herein. The Website and/or the TWM Services, User content and any third-party media, content, software, services or applications made available in conjunction with or through the Website and/or the VC Services are provided on an “as is” , “As available”, “with all faults” basis and without warranties or representations of any kind either express of implied.
    2. Operation and Content. Train With Martin IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE WEBSITE AND/OR THE VC SERVICE, WHETHER CAUSED BY USERS, CLIENTS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE AND/OR THE VC SERVICE. Train With Martin ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. Train With Martin IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR CLIENTS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE AND/OR THE VC SERVICE.
    3. User and Member Conduct. Train With Martin IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER. UNDER NO CIRCUMSTANCES WILL Train With Martin OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE AND/OR THE TWM SERVICE, ANY CONTENT POSTED ON THE WEBSITE AND/OR THE VC SERVICE OR TRANSMITTED TO USERS OR CLIENTS, OR ANY INTERACTIONS BETWEEN USERS OR CLIENTS, WHETHER ONLINE OR OFFLINE. VISION CAPTURED IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURRING AT VENUES OR ANY INTERACTION BETWEEN A USER OR MEMBER AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE.
    4. You expressly acknowledge that your use of the Website and TWM Services and its products and/or services are at your sole risk.
    5. At our sole discretion, any claim for a refund will be considered on a case by case basis and Train With Martin reserves the right to either provide you with a refund once the case is reviewed or refuse your claim.
    6. To seek a refund, you must email [email protected]. Refunds are not guaranteed.
  7. PROHIBITED ACTIVITIES. You may not access or use the Website or TWM Services for any purpose other than that for which we make the Website and/or TWM Services available. The Website and/or TWM Services may not be used in connection with any commercial endeavors except those that are specifically and expressly endorsed or approved by Train With Martin. As a User or Client of the Website and/or TWM Services, you agree not to:
    1. systematically retrieve data or other content from the Website and/or TWM Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    2. make any unauthorized use of the Website and/or TWM Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
    3. use a buying agent or purchasing agent to make purchases on the Website and/or TWM Services.
    4. use the Website and/or TWM Services to advertise or offer to sell goods and services.
    5. circumvent, disable, or otherwise interfere with security-related features of the Website and/or TWM Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or TWM Services and/or the Content contained therein.
    6. engage in unauthorized framing of or linking to the Website and/or TWM Services.
    7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
    8. make improper use of our support services or submit false reports of abuse or misconduct.
    9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    10. interfere with, disrupt, or create an undue burden on the Website and/or TWM Services or the networks or services connected to the Website and/or TWM Services.
    11. attempt to impersonate another user or person or use the username of another user.
    12. sell or otherwise transfer your profile.
    13. use any information obtained from the Website and/or TWM Services in order to harass, abuse, or harm another person.
    14. use the Website and/or TWM Services as part of any effort to compete with us or otherwise use the Website and/or TWM Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
    15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website and/or TWM Services.
    16. attempt to bypass any measures of the Website and/or TWM Services designed to prevent or restrict access to the Website and/or TWM Services, or any portion of the Website and/or TWM Services.
    17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website and/or TWM Services to you.
    18. delete the copyright or other proprietary rights notice from any Content.
    19. copy or adapt the Website and/or TWM Services’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website and/or TWM Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website and/or TWM Services.
    21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
    22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website and/or TWM Services, or using or launching any unauthorized script or other software.
    23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website and/or TWM Services.
    24. use the Website and/or TWM Services in a manner inconsistent with any applicable laws or regulations.
    25. You agree that in using the Websites and/or TWM Services, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
  8. Third Party Materials and Content. You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third-party web sites (“Third Party Materials”). In consideration for Vision Captured allowing you to use the Services, you agree that we, our affiliates, and third-party partners may place advertising on the Services. You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials. Use of any third-party trademarks or third-party content on or in connection with the Services does not constitute an affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners. You should review applicable terms and conditions and policies, including the privacy and data gathering practices, of any Third-Party Materials.
  9. Disclaimers
    1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Train With Martin LLC PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE WEBSITE AND/OR TWM SERVICES (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Train With Martin LLC DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Train With Martin LLC DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
    2. Limitation of Liability and Indemnification. IN NO EVENT WILL Train With Martin LLC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF VISION CAPTURED LLC KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN CONSIDERATION OF THIS AGREEMENT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Train With Martin LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE LAWYERS FEES) RELATING TO OR ARISING OUT OF (1) YOUR USE OF OR INABILITY TO USE THE WEBSITE AND/OR VC SERVICES OR SERVICES, INCLUDING CLAIMS OR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY OR PROPERTY DAMAGE, MEDICAL OR ECONOMIC LOSSES; (2) ANY USER POSTINGS MADE BY YOU; (3) YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; OR (4) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. VISION CAPTURED LLC RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITHTrain With Martin LLC IN ASSERTING ANY AVAILABLE DEFENSES. THIS AGREEMENT SHALL BE BINDING UPON YOUR HEIRS, ASSIGNEES, SUCCESSORS AND PERSONAL REPRESENTATIVES. YOU HEREBY FURTHER STATE THAT YOU CURRENTLY SUFFER FROM NO PHYSICAL OR MENTAL CONDITION THAT WOULD IMPAIR YOUR ABILITY TO FULLY PARTICIPATE IN THIS AGREEMENT
    3. User and Member Conduct. Train With Martin IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER. UNDER NO CIRCUMSTANCES WILL VISION CAPTURED OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE AND/OR THE Train With Martin SERVICE, ANY CONTENT POSTED ON THE WEBSITE AND/OR THE VISION CAPTURED SERVICE OR TRANSMITTED TO USERS OR MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OR MEMBERS, WHETHER ONLINE OR OFFLINE. Train With Martin IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURRING AT VENUES OR ANY INTERACTION BETWEEN A USER OR MEMBER AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE.
    4. Results Not Guaranteed. Train With Martin DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE WEBSITE AND/OR THE Train With Martin SERVICE. Train With Martin DOES NOT ENDORSE ANY FITNESS OR NUTRITION PROGRAM OFFERED THROUGH THE WEBSITE AND/OR THE Train With Martin SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY FITNESS PROFESSIONALS OR OTHER USERS OF THE WEBSITE AND/OR THE Train With Martin SERVICE ARE SOLELY ATTRIBUTABLE TO THE FITNESS PROFESSIONAL OR USER. VISION CAPTURED IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY FITNESS PROFESSIONALS OR OTHER USERS.
  10. Release of Liability for Injury or death; Limitation on Liability; Damages
    1. Release of Liability; Assumption of Risk; Indemnity. USING THE SERVICES PROVIDED BY Train With Martin, LLC INVOLVES THE RISK OF INJURY TO YOU WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES TO MAJOR INJURIES, SUCH AS CATASTROPHIC INJURIES INCLUDING DEATH. IN CONSIDERATION OF YOUR PARTICIPATION IN THE ACTIVITIES OFFERED BYTrain With Martin, LLC YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE Train With Martin, LLC AND EACH OF THEIR RESPECTIVE AFFILIATES, AND EACH OF THE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, FRANCHISORS, AGENTS AND INDEPENDENT CONTRACTORS THEREOF (THE “RELEASEES”), FROM ALL LIABILITY FOR ANY INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, ECONOMIC LOSS, OR ANY DAMAGE TO YOU, YOUR SPOUSE, GUESTS, UNBORN CHILD, OR RELATIVES, RESULTING FROM YOUR USE OF Train With Martin, LLC SERVICES INCLUDING ANY INJURY RELATING TO THE ORDINARY OR GROSS NEGLIGENCE, ACTUAL OR PASSIVE, OF THE RELEASEES OR ANYONE ACTING ON THE RELEASEES’ BEHALF OR ANYONE USING Train With Martin, LLC SERVICES, WHETHER RELATED TO EXERCISE OR NOT. MOREOVER, YOU ACKNOWLEDGE THAT THE PERSONAL TRAINING SERVICES DESCRIBED IN THIS AGREEMENT INCLUDE PARTICIPATION IN STRENUOUS PHYSICAL ACTIVITIES, INCLUDING BUT NOT LIMITED TO, WEIGHT TRAINING, STATIONARY BICYCLING, VARIOUS AEROBIC CONDITIONING MACHINERY AND VARIOUS FUNCTIONAL TRAINING PROGRAMS OFFERED BY Train With Martin (THE "PHYSICAL ACTIVITIES"). YOU ACKNOWLEDGE THAT THESE PHYSICAL ACTIVITIES INVOLVE THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, RHABDOMYOLYSIS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEAT PROSTRATION, KNEE/LOWER BACK/FOOT INJURIES AND OTHER ILLNESS, SORENESS, OR INJURY, HOWEVER CAUSED, OCCURRING DURING OR AFTER YOUR PARTICIPATION IN THE PHYSICAL ACTIVITIES. YOU FURTHER ACKNOWLEDGE THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF A TRAINER OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, YOUR OWN OVER-EXERTION, OR AN UNKNOWN HEALTH PROBLEM. YOU ARE ADVISED TO CONSULT WITH A PHYSICIAN BEFORE SIGNING UP FOR THE PHYSICAL ACTIVITIES. BY SIGNING THIS AGREEMENT, YOU AFFIRM THAT YOU ARE IN GOOD PHYSICAL CONDITION, AND THAT YOU DO NOT SUFFER FROM ANY DISABILITY THAT WOULD OR COULD PREVENT OR LIMIT YOUR PARTICIPATION IN THE PHYSICAL ACTIVITIES. IN CONSIDERATION OF YOUR BEING ABLE TO PARTICIPATE IN VISION CAPTURED, LLC ACTIVITIES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE CAUSED BY YOUR NEGLIGENCE OR OTHER WRONGFUL ACTS OR OMISSIONS. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES FROM ALL LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE BROUGHT BY YOU, YOUR GUESTS, OR MINORS, EVEN IF THE RELEASEES WERE NEGLIGENT. FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT AND THAT RELEASEES ARE PROVIDING RECREATIONAL SERVICES AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF THE ACTIVITIES WITH Train With Martin, LLC.
    2. Nutrition and Fitness Disclaimer. The nutrition advice given by Train With Martin is based on the information you provided by completing and submitting the questionnaire required to register your account. You understand it is your responsibility to provide complete and accurate information. You further understand and acknowledge Train With Martin provides general nutrition education and coaching and is not a medically supervised program or a licensed dietetics company. You understand any menu program created for you by Train With Martin is simply a recommendation and you are volunteering to participate or follow advice, meal plans or exercise suggestions. You understand that no service or program provided by Train With Martin is intended to cure, prevent, diagnose, alleviate or treat any medical conditions, disease, physical or mental. You understand that Train With Martin is in a licensed agreement with a third-party provider of nutrition and meal planning services and all meal plans are populated by that party for Train With Martin clients based on the data submitted by the client on the questionnaire provided at time of purchase and registration.
    3. Nutrition and/or Fitness Waiver and Covenant Not to Sue. You have volunteered to participate in a nutrition suggestion program under the guidance of Train With Martin which may include but may not be limited to nutrition planning and personalized coaching. In consideration of Train With Martin agreement to assist me, you do here and forever release and discharge and hereby hold harmless Train With Martin and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in any nutrition program including any injuries resulting there from. You acknowledge and agree that no warranties or representations have been made to you regarding the results you may or will achieve from this program. You understand that results are individual and may vary.
    4. Nutrition Assumption of Risk. You recognize that specific foods may create allergic and possible fatal reactions. You have therefore specified any food allergies or sensitivities you are aware of. You are aware that specific foods may interact with certain medications. You have discussed such food reactions and the side effects of all your medications with your doctor or pharmacist and do not hold Train With Martin responsible for food and medication reactions. You also understand the food suggestion plan you receive will not take your medications into consideration. If you are on medications, you are responsible to consult with your doctor before starting a new diet plan. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from your physician before participating in the specific nutrition program designed for your use, or may be advised to seek help from another health professional.
  11. Medical Disclaimer. The information provided through this Website, VC Services or sent to you by a Train With Martin trainer is intended to assist you in your fitness efforts. All information is of a general nature and is furnished for educational purposes only. The information provided through this Website is not intended as a substitute for medical counseling, or the professional advice of your personal physician, or the practice of medical or counseling care. For purposes of these Terms and Conditions, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis, or advice. Before you begin any fitness or nutrition program, consult your physician to determine if the fitness or nutrition program is right for your needs. Do not start a fitness or nutrition program if your physician advises against it. Please note that Train With Martin trainers, affiliates or employees cannot provide you with medical advice and nothing that you may read on this Website or that is otherwise provided to you by Train With Martin trainers, affiliates or employees should be construed as such. Although Train With Martin and the Train With Martin trainers, affiliates and employees make an effort to provide quality information to you, Train With Martin disclaims any express or implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any information provided through this Website and/or VC Services or sent to you by a Train With Martin trainer or the VC Services or Website. Use of the VC Services is at your own risk. In using the TWM Services, you are affirm that you do not have any of the following conditions, unless specifically approved by a physician to undertake physical activity despite such conditions: (i) heart and/or blood pressure conditions; (ii) chest pains; (iii) loss of balance due to dizziness; (iv) loss of consciousness; (v) bone or joint problems that could be made worse by a change in your physical activity; or (vi) history of high blood pressure or heart problems (including within your immediate family). You further affirm that if you are pregnant or breastfeeding you have consulted with a physician regarding your use of the TWM Services. Train With Martin reserves the right to refuse or cancel your TWM Services if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
  12. Miscellaneous
    1. Governing Law. No matter where you’re located, the laws of the state of Texas will govern these Terms and the relationship between you and Train With Martin as if you signed these Terms in Texas, without regard to Texas state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Texas for exclusive jurisdiction of any dispute arising out of or related to your use of the TWM Services or your breach of these Terms.
    2. Notice. Train With Martin may provide you with notices, by email, text, SMS/MMS, or mobile app push notifications.
    3. Arbitration. At our sole discretion, we may require you to submit any disputes arising from these Terms & Conditions, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association. The arbitration shall be seated in Atlanta, Georgia.
    4. Severability. If it turns out that any part of these Terms & Conditions is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
    5. Entire Agreement. These Terms & Conditions are the entire agreement between you and Train With Martin relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement made by Train With Martin as set forth in any Section above.
    6. Assignment. You cannot assign, transfer or sublicense these Terms & Conditions without first obtaining our consent. Any assignment attempted to be made in violation of this Agreement shall be void. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms & Conditions do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
    7. Waiver. If we do not enforce any part of these Terms & Conditions, it does not mean we give up the right to later enforce that or any other part of these Terms & Conditions. In order for any waiver of compliance with these Terms & Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.

Powered by