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1. PARTIES; SCOPE; ACCEPTANCE OF AGREEMENT

This Universal Personal Training, Online Coaching, Digital Program & Liability Waiver Agreement (the “Agreement”) is entered into by and between Tsarukaeva Healthy Lifestyle LLC, a Florida limited liability company, and/or Svetlana Tsarukaeva, including their respective owners, officers, employees, contractors, agents, representatives, affiliates, successors, and assigns (collectively, the “Trainer,” “Company,” “we,” “us,” or “Released Parties”), and the individual purchaser, participant, client, user, or recipient of any Services or Materials (the “Client,” “you,” or “your”).
This Agreement applies to all Services and Materials offered, sold, delivered, accessed, or provided by the Company, whether in person, online, remotely, live, pre-recorded, written, digital, subscription-based, one-time, private, group-based, or self-guided, and regardless of the Client’s country, state, province, territory, or jurisdiction of residence.
For valuable consideration, including access to Services, Materials, coaching, instruction, education, programs, or related benefits, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following definitions apply:

  • “Services” means any in-person personal training, online training, remote coaching, virtual session, consultation, assessment, mobility work, corrective exercise instruction, stretching, group training, private session, progress check-in, educational support, or related fitness service provided by the Company.
  • “Materials” means any digital or physical content, including but not limited to PDFs, written programs, exercise plans, calendars, videos, recordings, photos, checklists, templates, instructions, course materials, messages, texts, emails, app content, platform content, and any other proprietary materials created or distributed by the Company.
  • “Digital Program” means any self-guided or partially guided program, course, video library, PDF program, online challenge, workout plan, mobility plan, corrective exercise plan, or similar product purchased, downloaded, streamed, accessed, or received by the Client.
  • “Online Services” means any Services provided through Zoom, FaceTime, WhatsApp, Telegram, Instagram, email, text message, website, app, platform, video, audio, or any other remote or electronic means.
  • “Client” includes the purchaser, participant, viewer, user, household member, or any person who accesses, uses, receives, watches, or performs any Services or Materials.

3. SERVICES COVERED BY THIS AGREEMENT

This Agreement covers all current and future Services and Materials provided by the Company unless a separate written agreement signed by the Company expressly supersedes this Agreement.

  • In-person personal training sessions;
  • Online private or group training sessions;
  • Remote coaching, messaging, check-ins, and progress monitoring;
  • Self-guided digital fitness programs, PDF programs, courses, video programs, and educational content;
  • Mobility, flexibility, posture, strength, functional movement, body composition, corrective exercise, and performance-related coaching;
  • Any related instruction, recommendations, demonstrations, or communications.

The Company may modify programming, exercise selection, format, intensity, frequency, or delivery method at any time based on professional judgment, Client disclosures, observed performance, safety concerns, business operations, or other relevant factors.

4. NO MEDICAL, PHYSICAL THERAPY, DIETARY, OR HEALTHCARE SERVICES

The Client understands and agrees that the Company provides fitness, wellness, movement, education, and coaching services only. Unless expressly stated in a separate written credential disclosure, the Company is not acting as a physician, physical therapist, chiropractor, psychologist, psychiatrist, dietitian, registered nutritionist, nurse, medical provider, or other licensed healthcare professional.

Nothing provided by the Company constitutes medical diagnosis, medical treatment, physical therapy, rehabilitation treatment, psychological counseling, dietary treatment, or healthcare advice. The Services and Materials are not a substitute for professional medical care, medical evaluation, physical therapy, emergency treatment, or advice from a licensed healthcare provider.

The Client is solely responsible for consulting with a licensed physician or appropriate healthcare provider before beginning, continuing, modifying, or stopping any exercise, nutrition, supplement, wellness, mobility, or fitness program, especially if the Client has any injury, illness, pain, chronic condition, pregnancy, postpartum status, surgical history, disability, medication use, cardiovascular risk, or other health concern.

5. CLIENT HEALTH REPRESENTATIONS AND DUTY TO DISCLOSE

By signing below or checking the box, purchasing, clicking, accessing, or participating, the Client represents and warrants that the Client is medically and physically able to participate in the Services and use the Materials, or has obtained clearance from a licensed healthcare provider.

The Client agrees to fully, truthfully, and promptly disclose all known medical conditions, injuries, surgeries, medications, limitations, pain, pregnancy or postpartum status, dizziness, fainting, cardiac symptoms, neurological symptoms, respiratory issues, high or low blood pressure, diabetes, seizure history, joint instability, spinal conditions, implants, prosthetics, or any other factor that may affect safe participation.

The Client has a continuing duty to update the Company immediately if the Client’s health status changes. Failure to disclose relevant information is a material breach of this Agreement and may increase the risk of injury or harm.

6. PREGNANCY, POSTPARTUM, CHRONIC CONDITIONS, AND HIGH-RISK CLIENTS

Clients who are pregnant, may be pregnant, trying to become pregnant, postpartum, breastfeeding, recovering from birth, recovering from surgery, under medical treatment, or managing any chronic or acute medical condition must obtain medical clearance before participating in any Services or using any Materials.

The Client understands that exercise may carry increased risks for individuals with pregnancy, postpartum recovery, cardiovascular conditions, diabetes, hypertension, neurological conditions, orthopedic injuries, spinal conditions, autoimmune conditions, eating disorders, metabolic conditions, or other health issues. The Client assumes full responsibility for obtaining appropriate medical advice and for deciding whether to participate.

7. ONLINE TRAINING, REMOTE COACHING, AND HOME ENVIRONMENT DISCLAIMER

The Client understands that Online Services and Digital Programs involve unique risks because the Company cannot physically inspect, control, supervise, or make safe the Client’s environment, equipment, flooring, lighting, footwear, clothing, weather conditions, pets, children, household members, internet connection, camera angle, audio, device placement, or emergency access.

The Client is solely responsible for creating and maintaining a safe exercise environment, using appropriate equipment, ensuring adequate space, removing hazards, verifying equipment condition, selecting appropriate weights or resistance, stopping when necessary, and seeking emergency assistance if needed.

During virtual sessions, the Company may not be able to see all movements, angles, compensations, hazards, or warning signs. The Client accepts that remote instruction is limited and agrees not to perform any exercise unless the Client feels safe and capable of doing so.

The Client must immediately stop exercising and seek medical attention if the Client experiences chest pain, shortness of breath, fainting, dizziness, severe headache, sharp pain, numbness, loss of coordination, unusual weakness, confusion, visual changes, or any symptom that feels unsafe.

8. DIGITAL PROGRAMS, SELF-GUIDED USE, AND UNSUPERVISED EXERCISE

Digital Programs and Materials may be used without direct supervision. The Client understands that unsupervised exercise carries additional risk because the Company cannot observe technique, fatigue, form, modifications, equipment, environment, or warning signs in real time.

All Digital Programs and Materials are general educational and fitness resources unless expressly customized in writing for the Client. The Client must independently determine, with medical guidance if necessary, whether any exercise, intensity, progression, equipment, or recommendation is appropriate.

The Company is not responsible for injuries, illness, damages, losses, or outcomes resulting from improper execution, unsafe environment, misuse, overtraining, failure to warm up, failure to follow instructions, modifying exercises, using excessive weight, ignoring pain, sharing programs with others, or using Materials without supervision.

9. EQUIPMENT, FACILITY, THIRD-PARTY PLATFORM, AND TECHNOLOGY DISCLAIMER

The Company is not responsible for any defect, malfunction, misuse, failure, instability, breakage, improper installation, improper maintenance, or unsafe condition involving equipment, machines, bands, weights, benches, mats, straps, balls, household items, flooring, stairs, furniture, doors, pull-up bars, gym facilities, studios, or third-party locations.

The Company is not responsible for interruptions, delays, inability to access Services or Materials, loss of data, platform failure, internet failure, device malfunction, app error, payment platform issue, website downtime, hacking, or third-party service interruption outside the Company’s reasonable control.

If a live online session is interrupted due to the Client’s internet, device, platform, or environment, the session may be deemed completed unless the Company, in its sole discretion, chooses to reschedule or credit the Client.

10. ASSUMPTION OF INHERENT RISKS

The Client acknowledges that physical activity, exercise, stretching, strength training, mobility work, corrective exercise, conditioning, online training, self-guided programs, and related activities involve inherent risks, both known and unknown, foreseeable and unforeseeable.

  • Muscle soreness, fatigue, bruising, cramps, strains, sprains, tendon irritation, joint irritation, delayed onset muscle soreness, and temporary discomfort;
  • Aggravation of pre-existing injuries or medical conditions;
  • Falls, slips, trips, equipment-related injuries, impact injuries, back injuries, neck injuries, shoulder injuries, knee injuries, fractures, dislocations, ligament injuries, concussions, or other bodily injury;
  • Dizziness, fainting, dehydration, overheating, abnormal blood pressure, shortness of breath, cardiovascular events, stroke, heart attack, or, in rare cases, death;
  • Risks associated with exercising alone, exercising at home, exercising online, using equipment without direct supervision, or following digital content after purchase.

The Client knowingly, voluntarily, and expressly assumes all such risks, including risks caused by the Client’s own actions, omissions, health conditions, environment, equipment, decisions, or failure to follow instructions.

11. WAIVER, RELEASE OF LIABILITY, AND COVENANT NOT TO SUE

To the fullest extent permitted by applicable law, the Client, on behalf of the Client and the Client’s heirs, executors, administrators, representatives, successors, assigns, family members, dependents, and any person claiming through the Client, hereby releases, waives, discharges, and covenants not to sue the Released Parties from and against any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, expenses, attorneys’ fees, injuries, illness, disability, death, property damage, economic loss, emotional distress, or any other harm arising out of or related to the Services, Materials, Digital Programs, Online Services, in-person sessions, self-guided exercise, use of equipment, use of facilities, or participation in any activity connected to the Company.

This waiver and release includes, to the fullest extent permitted by law, claims based on ordinary negligence, negligent instruction, negligent supervision, negligent programming, negligent communication, premises-related conditions not controlled by the Company, equipment-related incidents, online coaching limitations, third-party actions, and the Client’s use or misuse of Services or Materials.

Nothing in this Agreement is intended to waive liability that cannot be waived under applicable law. If any portion of this waiver is held invalid, the remaining provisions shall remain enforceable to the maximum extent permitted.

12. INDEMNIFICATION AND HOLD HARMLESS

The Client agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, expenses, and attorneys’ fees arising out of or related to:

  • The Client’s participation in Services or use of Materials;
  • The Client’s breach of this Agreement;
  • The Client’s failure to disclose health information or follow safety instructions;
  • The Client’s sharing, copying, distributing, selling, posting, uploading, or allowing third-party access to Materials;
  • Any claim brought by a third party, family member, household member, guest, minor, employer, insurer, platform, or other person connected to the Client’s use of Services or Materials.

13. INTELLECTUAL PROPERTY; COPYRIGHT; LICENSE; ANTI-PIRACY PROTECTION

All Materials, Digital Programs, videos, written programs, workout plans, exercise selections, sequences, methods of presentation, PDFs, course materials, calendars, checklists, photographs, recordings, graphics, logos, branding, text, educational materials, messages, templates, and all other content created, owned, licensed, or distributed by the Company are the exclusive intellectual property of the Company and are protected by United States and international copyright, trademark, unfair competition, and other applicable intellectual property laws.

The Client receives only a limited, personal, revocable, non-exclusive, non-transferable license to access and use purchased Materials solely for the Client’s own personal, non-commercial use. No ownership rights are transferred to the Client.

The Client shall not, directly or indirectly:

  • Copy, reproduce, scan, photograph, record, screenshot, download beyond authorized access, duplicate, modify, translate, adapt, summarize for redistribution, or create derivative works from the Materials;
  • Sell, resell, license, sublicense, rent, lend, gift, assign, transfer, share, publish, post, upload, distribute, email, text, forward, or otherwise make the Materials available to any third party;
  • Provide login credentials, files, links, screenshots, videos, recordings, PDFs, or course access to any other person;
  • Use the Materials to train clients, teach classes, create competing programs, operate a business, coach others, or commercially exploit the Company’s content;
  • Remove copyright notices, watermarks, disclaimers, branding, metadata, or proprietary markings;
  • Use any bot, scraper, downloader, screen recorder, or other tool to copy or extract Materials.

Unauthorized copying, sharing, distribution, posting, resale, piracy, or commercial use is strictly prohibited and may result in immediate termination of access without refund, legal action, injunctive relief, monetary damages, attorneys’ fees, statutory damages, and any other remedies available under applicable law. The Client acknowledges that violations of copyright and intellectual property rights may carry civil liability and, in certain circumstances, criminal consequences.

The Client agrees that any unauthorized use or disclosure of Materials would cause irreparable harm for which monetary damages may be inadequate. The Company may seek emergency injunctive relief without posting bond to stop unauthorized use, copying, distribution, or infringement.

14. NON-SHARING; THIRD-PARTY USE; HOUSEHOLD MEMBERS; MINORS

Programs, Materials, links, videos, files, instructions, accounts, and access credentials are licensed only to the original purchasing Client. They may not be used by any spouse, partner, friend, family member, child, employee, coworker, client, student, social media follower, group, gym member, or any other third party.

If any third party accesses, watches, receives, or uses the Services or Materials through the Client, the Client is fully responsible for that third party’s use and agrees to indemnify the Released Parties for any claim arising from such use.

Services and Materials are intended for adults eighteen (18) years of age or older unless the Company gives prior written approval and a parent or legal guardian signs all required documents. A parent or guardian who purchases for a minor accepts full responsibility for the minor’s participation and releases and indemnifies the Released Parties to the fullest extent permitted by law.

15. PAYMENTS, REFUNDS, EXPIRATION, CHARGEBACKS, AND CREDITS

All payments must be made in full before Services or Materials are provided unless the Company agrees otherwise in writing. Prices may change at any time. Sessions, packages, programs, and Materials are non-transferable.

All sales of Digital Programs, downloadable content, PDFs, videos, courses, templates, and online materials are final and non-refundable once purchased, accessed, delivered, downloaded, streamed, emailed, opened, or made available, except where a refund is required by applicable law.

In-person and online sessions are non-refundable except as expressly stated in this Agreement or required by law. Cancellations or rescheduling requests must be made at least thirty-six (36) hours before the scheduled session. Late cancellations, no-shows, or late arrivals may result in forfeiture of the session and the session may be charged in full.

Credits, if granted, are discretionary unless required by law and must be used within thirty (30) calendar days unless the Company confirms a different expiration period in writing. Unused credits, expired sessions, missed sessions, and unused program access are not redeemable for cash.

The Client agrees not to initiate false, fraudulent, abusive, or bad-faith chargebacks. If the Client initiates a chargeback after receiving access to Services or Materials, the Company may suspend access, terminate Services, pursue collection, recover chargeback fees, attorneys’ fees, administrative costs, and any amounts due, to the fullest extent permitted by law.

16. NO GUARANTEE OF RESULTS; TESTIMONIALS; BEFORE/AFTER CONTENT

The Company does not guarantee any specific result, including weight loss, fat loss, muscle gain, pain reduction, posture correction, mobility improvement, body composition change, performance improvement, medical improvement, emotional benefit, or any other outcome.

Results vary based on many factors outside the Company’s control, including genetics, health status, medical conditions, hormones, sleep, nutrition, stress, consistency, effort, adherence, recovery, medications, age, environment, and lifestyle.

Testimonials, before-and-after photos, examples, marketing materials, or client stories are not guarantees that the Client will achieve similar results.

17. NUTRITION, SUPPLEMENTS, AND LIFESTYLE INFORMATION

Any nutrition, hydration, supplement, meal timing, calorie, macronutrient, lifestyle, sleep, recovery, or wellness information provided by the Company is for general educational purposes only and is not medical, dietary, psychiatric, psychological, or clinical advice.

The Client is solely responsible for consulting a licensed physician, registered dietitian, or other qualified healthcare provider before changing diet, using supplements, restricting calories, fasting, changing medication, or following any nutrition-related information.

18. MEDIA CONSENT AND RELEASE

By signing below or checking the box, the Client expressly consents to and authorizes the Company to photograph and/or record the Client during training sessions and to use the Client’s image, likeness, photographs, videos, training footage, testimonials, progress images, reviews, and related content for the Company’s legitimate business purposes, including advertising, marketing, promotional materials, social media, website content, educational content, and other digital or print media, without additional compensation. The Client authorizes the Company to reproduce, edit, publish, display, and distribute such content in connection with the promotion and operation of the Company’s business.

19. RIGHT TO REFUSE, MODIFY, SUSPEND, OR TERMINATE SERVICES

The Company reserves the right to refuse, modify, pause, or terminate Services or access to Materials at any time if, in the Company’s judgment, safety, health, legal, business, behavioral, payment, harassment, intellectual property, or boundary concerns exist.

Grounds for termination may include, without limitation, aggressive behavior, threats, harassment, discriminatory conduct, intoxication, unsafe conduct, failure to follow instructions, undisclosed medical issues, nonpayment, chargebacks, intellectual property violations, sharing Materials, or conduct that disrupts the Company’s business or other clients.

Termination for Client breach does not entitle the Client to a refund unless required by law.

20. INTERNATIONAL CLIENTS; CONSUMER LAWS; EXPORT AND LOCAL COMPLIANCE

The Client acknowledges that Services and Materials may be purchased or accessed from the United States, Canada, Europe, or other countries. The Client is solely responsible for determining whether participation, access, purchase, payment, download, use, or performance of any exercise program is lawful and appropriate in the Client’s jurisdiction.

To the maximum extent permitted by law, this Agreement is governed by Florida law and disputes must be resolved as provided below, regardless of the Client’s location. Nothing in this Agreement is intended to exclude mandatory consumer rights that cannot be waived under the Client’s local law; however, any non-waivable rights shall apply only to the minimum extent required.

21. GOVERNING LAW; VENUE; DISPUTE RESOLUTION; CLASS ACTION WAIVER

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to conflict-of-law rules.

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, Materials, Digital Programs, payments, intellectual property, or the relationship between the Parties shall be brought exclusively in the state or federal courts located in Florida, unless the Company elects to pursue injunctive relief or intellectual property enforcement in another jurisdiction where infringement, piracy, misuse, or unauthorized distribution occurs.

The Client knowingly waives any objection to personal jurisdiction, venue, inconvenient forum, or similar objections to Florida courts to the fullest extent permitted by law.

To the fullest extent permitted by law, the Client agrees that disputes shall be brought only on an individual basis and not as a plaintiff, class member, representative, or participant in any class action, collective action, mass action, private attorney general action, or consolidated proceeding.

In any action to enforce this Agreement, collect amounts due, stop intellectual property infringement, or address unauthorized use of Materials, the prevailing party shall be entitled to recover reasonable attorneys’ fees, court costs, expert fees, collection costs, and related expenses to the fullest extent permitted by law.

22. FORCE MAJEURE

The Company shall not be liable for delay, interruption, non-performance, or inability to provide Services or Materials caused by events beyond its reasonable control, including but not limited to illness, emergency, natural disaster, hurricane, flood, fire, pandemic, war, terrorism, civil unrest, power outage, internet outage, platform failure, government action, labor disruption, travel disruption, facility closure, payment processor disruption, or other force majeure event.

If performance is affected by a force majeure event, the Company may reschedule, provide a credit, substitute a reasonable alternative, or modify delivery as appropriate in its reasonable discretion.

23. ELECTRONIC SIGNATURES; CLICKWRAP; COUNTERPARTS

This Agreement may be signed electronically or physically. Electronic signatures, typed names, checked boxes, scanned signatures, digital signatures, acceptance through a website, payment page, platform, email confirmation, or clicking “I agree” shall have the same legal effect as handwritten signatures to the fullest extent permitted by law.

This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one agreement.

24. GENERAL LEGAL PROVISIONS

Entire Agreement. This Agreement, together with any invoice, checkout page, program description, policy, or written addendum incorporated by reference, constitutes the entire agreement between the Parties regarding the subject matter and supersedes all prior discussions, representations, advertisements, messages, understandings, and agreements.

Amendments. The Company may update general online terms for future purchases or access. For signed private coaching relationships, material amendments must be in writing or accepted electronically. Continued use after notice of updated terms may constitute acceptance to the extent permitted by law.

Severability. If any provision is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

No Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.

Assignment. The Client may not assign or transfer this Agreement, Services, Materials, program access, or rights without written consent. The Company may assign this Agreement in connection with business operations, restructuring, sale, merger, or transfer of assets.

Survival. Provisions concerning payment, refunds, chargebacks, assumption of risk, waiver, release, covenant not to sue, indemnification, intellectual property, non-sharing, confidentiality, dispute resolution, governing law, attorneys’ fees, and all provisions intended to survive shall survive expiration, completion, cancellation, or termination.

CLIENT ACKNOWLEDGMENTS

  • I have read this Agreement in full and understand that it is legally binding.
  • I understand that exercise, online training, remote coaching, self-guided programs, and use of fitness materials involve risk of injury, illness, disability, death, and property damage.
  • I voluntarily assume all risks associated with Services and Materials.
  • I understand that the Company does not provide medical care, physical therapy, diagnosis, treatment, dietary treatment, or emergency services.
  • I understand that I am responsible for my own health, medical clearance, exercise environment, equipment, and decision to participate.
  • I understand that digital programs and materials are for my personal use only and may not be copied, shared, sold, posted, transferred, or used by third parties.
  • I understand that unauthorized copying, distribution, resale, posting, or piracy may result in termination, legal action, damages, injunctive relief, and attorneys’ fees.
  • I understand that digital products and accessed materials are non-refundable unless a refund is required by law.
  • I understand that no specific results are guaranteed.
  • I agree to the Florida governing law, venue, class action waiver, and dispute provisions set forth in this Agreement.

SEPARATE EXPRESS WAIVER CONFIRMATION

By signing below or checking the box, the Client separately confirms that the Client has read, understands, and expressly agrees to Sections 10, 11, and 12 concerning assumption of risk, waiver and release of liability, covenant not to sue, indemnification, and hold harmless obligations.

SEPARATE INTELLECTUAL PROPERTY / NON-SHARING CONFIRMATION

By signing below or checking the box, the Client separately confirms that all Materials and Digital Programs are protected intellectual property, are licensed only for the Client’s personal use, may not be shared with any third party, and that unauthorized copying, posting, resale, distribution, piracy, or commercial use may result in termination, legal action, damages, injunctive relief, and attorneys’ fees.