Terms & Conditions
By using Five Arrow Fitness website and services, you agree to be bound by the following terms and conditions. Five Arrow Fitness reserves the right to change the Terms and Conditions at any time without notice, and your continued use of Five Arrow Fitness constitutes your consent to such changes.
1. DESCRIPTION OF SERVICES.
Five Arrow Fitness will provide an ongoing set of in-person and online services including personal training program design, fitness assessments, virtual training and other services as described on our services and plans & pricing pages.
2. LIMITATIONS OF SCOPE.
Five Arrow Fitness will not be responsible for work that is beyond the scope of services set forth in the services page in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties.
3. MANAGEMENT RESPONSIBILITY.
Five Arrow Fitness will provide certain tools, methods and resources to Client that are intended to help Client perform and complete their training program. However, Client is fully and exclusively responsible for its performance and Client satisfaction. In addition, Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal, medical, or contractual obligations related to program execution including without limitation, permissions and limitations from physicians, timely payments, and information that may be required by trainer. Five Arrow Fitness will provide effective training plans, programs, suggestions, and instruction, but Client is solely responsible for the final outcomes, actions taken and results produced.
4. COPYRIGHT.
All content produced by Five Arrow Fitness within the scope of Services including training plans and programs, promotional, marketing, and social media contents, equipment, or material developed or licensed by Five Arrow Fitness for Client as part of the Services is copyrighted by Five Arrow Fitness and remains the exclusive property of Five Arrow Fitness unless otherwise approved by Five Arrow Fitness.
5. CLIENT INFO & MEDIA RELEASE.
​Customer hereby acknowledges and agrees that Five Arrow Fitness shall have the right to use the name of Client, including the Client description, services render, and any media for reference as a customer of Five Arrow Fitness services for referral and marketing purposes even if Customer is no longer a Client of Five Arrow Fitness, unless other arrangements have been approved by Five Arrow Fitness.
6. TERM/TERMINATION/CANCELLATIONS.
Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. All Personal training sessions, in-person or virtual, that are not rescheduled or canceled at least 24 hours in advance will result in forfeiture of the session and a loss of financial investment at the rate of one session. 30 day Self-guided Online Programs will be automatically renewed on a (!) month basis unless canceled by Client no later than 72 hours prior to renewal date or other arrangements have been previously made with the trainer. Failure to provide notice or a repeated failure to make payment by date due during any period gives Five Arrow Fitness the option for immediate termination. Upon the expiration or termination of this Agreement for non-payment or non-performance by client, (i) all licenses granted by Five Arrow Fitness to Client hereunder shall automatically terminate and Client shall immediately cease its use of the licensed content and other provided materials and equipment.
7. PAYMENT FOR SERVICES/REFUNDS.
All payments must be paid in full prior to delivery of any online program or the beginning of any training session. Refunds are available for Virtual and In-person sessions until paid training sessions begin. Upon completion of first training session, no refunds will be issued for any reason, including but not limited to relocation, illness, and unused sessions. All 30 day Self-guided programs are non-refundable. in person training sessions are transferable to virtual sessions only if requested by client at least 24 hours prior to session.
Client will pay monthly fees to Five Arrow Fitness for a subscription to Services as described in Five Arrow Fitness plan in effect at the time of this agreement and for the license to use the Five Arrow Fitness web services, software and licensed content in conjunction with these services. Payment will be made by automatic credit card transactions. Invoices will include monthly subscription fees and any additional fees for elective or other additional Services that have been purchased by the Client. Invoices will be issued and automatic transactions processed on the Renewal Date as described in Section 6 above.
8. WARRANTY.
Five Arrow Fitness shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in Five Arrow Fitness's industry. The services and all products provided as part of the services are provided “as is” and Five Arrow Fitness disclaims, and client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. Five Arrow Fitness does not warrant that the software or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use Five Arrow Fitness products, materials, or equipment. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, injuries, or any failure of performance.
9. LIMITATIONS OF LIABILITY.
Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of Five Arrow Fitness, Five Arrow Fitness will not be liable to pay damages for any losses or injuries incurred by client as a result of breach of contract, negligence or other tort committed by Five Arrow Fitness. In addition, Five Arrow Fitness shall have no liability to client arising from or relating to any third party hardware, software, information or materials. Five Arrow Fitness is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though Five Arrow Fitness will attempt to prevent or minimize exposure to such risks.
10. INDEMNIFICATION.
Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Five Arrow Fitness and its licensors arising from products or services related to this Agreement. Conversely, Five Arrow Fitness shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of Five Arrow Fitness.