SERVICE AGREEMENT

Welcome!

Why You’re Reading This Document

The following Service Agreement (the “Agreement”) clearly communicates my expectations for working together. Please raise any questions before signing to ensure we are on the same page moving forward. Let’s do this!

In exchange for agreeing to work with Mike Grimm Fitness, you agree to be bound by the following conditions.

Contractual Terms

1. Parties. This Agreement is made between Wavelength Systems Inc., a Corporation based in the State of California (“Mike Grimm Fitness”, “we”, “us”, and “our”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement (“you” and “your”).

2. My Commitment to You. The Services you receive will be determined based on the type of service you are signing up for. The details are outlined for each type of service below, specifically what you will be getting and what cancellation rules apply. Additional information is included in Schedule "A."

1. In-Person/Virtual Training:

1. We will provide in-person and/or virtual personal training at scheduled times and locations we both agree on.
2. Any cancellations must be communicated at least 12 hours before the scheduled session.
3. For an added fee, we will provide general nutrition coaching and nutrition plans as long as you have no underlying conditions that would require you to work with a registered dietician.
4. Any personal training sessions, nutrition coaching sessions, classes, or packages you purchase or earn for free expire within one year of purchase or acquisition.
5. Session length is dependent on the client's tolerance and may be shortened at the trainer's discretion. No refund will be given for a shortened session. 

2. Core Membership includes access to…

1. The online workout library (excluding premium workouts and programs).
2.  Logging of workouts & stats.
3.  Logging meals and nutrition
4.  Custom recipes and meal plans are available for an added fee. (This service is only available in certain jurisdictions).
5.  Any customized workouts provided by Trainer (may require an added fee for premium programs).
6. Discounts may be offered but are not guaranteed. Discount offers to members may be revoked at any time.
7. You may cancel your membership at any time. Cancellation will take effect at the end of the current billing cycle.

3. Form Fix Video Analysis

1. Using the video upload form provided, you can submit videos of yourself performing any exercises you want analyzed by Mike Grimm Fitness.
2. You will receive a recorded video response from Mike Grimm Fitness reviewing your form, making corrections if required, and/or offering other fitness and exercise advice related to the videos.
3. For an added fee, we can schedule a face-to-face meeting using videoconferencing software to discuss my findings further or answer other questions you may have. This option may be included in some plans.
4. We will not share your videos or the video analysis we create on social media platforms or our website. If we are super excited about your exercise performance, we may ask you in writing if we may share a selected portion. If so, it will only be shared on social media or my website if you give us permission to do so in writing. Your privacy is more important than my marketing efforts.

3. What We Expect of You. Just as you invest in us, we also invest time and energy in you. For you to gain the most from our practice together and the Services, here is what we expect of you:

4. Time Integrity. Let’s honor our time. Time integrity and keeping your word is important. Please arrive on time and honor the length of the Services and the cancellation policy detailed below.

5. Ownership. You are responsible for your physical, mental and emotional well-being and actions during the Services.

6. Commitment. We expect you to be committed to the Services and your practice and to do everything to improve your body, health and well-being.

7. Communication. We expect you to be upfront and honest about how your body works, your medical conditions and any changes in your medical conditions, what pains you have and your medical history, specifically anything your doctor explicitly stated about your current health situation and how it would relate to exercise and nutrition. We can’t help if we don’t know what you are experiencing!

8. Avoid Injury. You are expected to make every effort to avoid injury in fitness training and to avoid aggravating or complicating any injury you have incurred or may incur in fitness training or otherwise. You are expected to stop performing any exercise when it feels harmful to your body, regardless of my instruction.

9. Logging Workouts. If you are participating in a custom-built workout program, you are expected to log your workouts accurately so that we can track your progress.

10. Exercise Correctly. You are also expected to make every effort to perform all exercises correctly and to let us know if you feel your form may be off or need more details on how to perform an exercise correctly.

4. Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and Mike Grimm Fitness (the “Term”).

11. Either party may terminate the Agreement at any time by providing three (3) days advance written notice to the other party (email is fine). However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined in Schedule “A'' Services.

12. Mike Grimm Fitness reserves the right to terminate this Agreement immediately if you violate any of the expectations outlined above. You will not be entitled to any refunds or to a continued working relationship with Mike Grimm Fitness.

5. Payment. Payment details and cost for the Services are outlined in Schedule “A” Services.

6. Increase in Charges. We reserve the right to increase the costs of my services, and if we do so, we promise to provide 60-day notice.
   
7. Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how I’ve drafted my cancellation and refund policy:

13. Refunds. Our services are non-refundable. In some cases, we may consider a transferable credit. These decisions will be made case-by-case and determined at our unilateral discretion.

14. Cancellation / Reschedule Policy. Please give 12 hours notice if you have to cancel or reschedule, provided it is in the timeframe of this Agreement.

8. Confidentiality. We operate and grow in a safe space. Everything shared throughout the Services is strictly confidential. You, on the other hand, are free to share anything you choose to. We may share anonymous information about you for professional or promotional purposes. Confidential or personal information will only be used to complete the Services, except for in the following scenarios:

15. To provide any necessary or relevant information to a medical or healthcare professional or entity

16. As required by law or court order

17. When there is a risk of imminent danger to yourself or others

18. Where there is a reasonable suspicion that a child or any vulnerable person is in need of protection.

9. No Guarantees. Mike Grimm Fitness cannot guarantee the success of the Services. We promise to provide you with the opportunity and support to see you grow, but the success of the Services ultimately depends on you. As such, no guarantees can be made for any particular outcome from my Services.

10. Ownership of Materials. All the content we have provided you, including but not limited to videos, documents and PDFs, are for your use only and are not to be re-distributed or re-used.

11. Media Release. We think you’re awesome and want to show you off! By participating in the Services at Mike Grimm Fitness, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, and audio recordings captured of you or that you share with us online (via your own or others posting of you) as part of my online streaming, marketing and sales throughout the world and in perpetuity. You also release Mike Grimm Fitness from all claims you may have relating to such use. Please let us know if you ever want us to stop using an image of you.

1. Any videos shared via our Form Fix program will not be used on any social media platform without your consent.

12. Waiver. Before the Services can begin, you must sign my Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form and this Agreement so that we can be absolutely sure you understand and agree to it.

13. Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of California. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of California.  Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by us of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, email will suffice for written notice when required, as set out above. Headings. The headings used in this Agreement are for stylistic purposes only, and none of the content in the headings is intended to be legally binding. Counterparts. This agreement may be signed by any number of counterparts, each of which is an original and all of which, taken together, constitute one single document. Online Agreement. I agree that this Agreement may be signed electronically or agreed to by having You click “I Agree,” the effect of which will be the same as if I signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.

Made it. Excited to do great things!

AGREED and ACCEPTED                                         

SCHEDULE “A” SERVICES

In-person/Virtual Training

Core Membership

Form Fix Video Analysis