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TERMS, CONDITIONS, & POLICIES

AGREEMENT between Client/User and LEVEL SEVEN PERFORMANCE

 

Welcome to levelseven.fit. The levelseven.fit website (the “Site”) is comprised of various web pages operated by Level Seven Performance (hereinafter collectively “LEVEL SEVEN”). Levelseven.fit is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of levelseven.fit constitutes your agreement to all such terms. Please read these terms carefully and keep a copy of them for your reference.

Your use of levelseven.fit is subject to LEVEL SEVEN’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

PRIVACY POLICY

LEVEL SEVEN is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website then you can be assured that it will be only used in accordance of the terms set out within this privacy policy. We reserve the right to change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

 

We may collect your name, contact information (including email address and phone number), demographic information, and other information relevant to customers. We require this information to understand your needs and provide you with a better service (including Internal record keeping, improving our products and services, informing you about new products or services that you may find interesting using the information you have provided, customizing the website according to your interest and needs.

 

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 

ELECTRONIC COMMUNICATIONS

Visiting levelseven.fit or sending emails to LEVEL SEVEN constitutes electronic communications. You consent to receive electronic communications and you that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

CHILDREN UNDER THIRTEEN

LEVEL SEVEN may collect personally identifiable information from children under the age of thirteen. LEVEL SEVEN only collects this information in a capacity related to prospective evaluation and assessment relating to athletic performance training, if disclosed to LEVEL SEVEN by a parent or guardian.

If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided here. If you are under 18, you may use levelseven.fit only with permission of a parent or guardian.

LINKS TO THIRD PARTY SITES

levelseven.fit may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of LEVEL SEVEN and LEVEL SEVEN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LEVEL SEVEN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LEVEL SEVEN of the site or association with its operators.

 

Certain services made available via levelseven.fit are delivered by third party sites and organizations. By using any product, service, or functionality originating from the levelseven.fit.

WAIVER AND RELEASE OF LIABILITY,
ASSUMPTION OF RISK & INDEMNITY AGREEMENT

I am fully aware of dangers and risks involved in participating in every activity with LEVEL SEVEN PERFORMANCE (hereinafter collectively “LEVEL SEVEN”), including but not limited to group exercise classes, weight-lifting, cardiovascular equipment exercises, football, soccer, running, and observation of activities (collectively, the Activities), and in using LEVEL SEVEN equipment for these and other purposes. Those dangers and risks include, but are not limited to, such things as equipment malfunction or failure, inappropriate or unexpected actions of other participants, muscle or joint tears, sprains, strains, broken or fractured bones, concussion and other severe or fatal injuries related to the Activities. With knowledge of these dangers and risks, I make the promises and agreements stated below.

 

WAIVER: In consideration of permission to use the property, facilities, equipment, staff and services of LEVEL SEVEN, I hereby, release, waive, discharge, and covenant not to sue LEVEL SEVEN, their affiliates, managers, members, employees, volunteers, agents, heirs, representatives, predecessors, successors, and assigns (hereinafter collectively “Releasees”) from any and all claims, demands, actions, costs, expenses, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorney(s) fees and expenses, arising out of or in any way connected with the Activities or my use of the LEVEL SEVEN facilities or equipment resulting in, but not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, death, economic loss or property damage sustained by myself or others. I acknowledge that my participation with LEVEL SEVEN is not entitled to any financial compensation in any way.

 

PHOTO RELEASE: I further grant LEVEL SEVEN permission to use my likeness in a photograph in any and all of LEVEL SEVEN publications, including but not limited to all of LEVEL SEVEN’s printed and digital publications. I understand and agree that any photograph or video using my likeness will become LEVEL SEVEN property and will not be returned. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. 

ASSUMPTION OF RISKS: The specific risks from the Activities vary from one activity to another, but the risks range from (1) minor injuries such as scratches, bruises and sprains, (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks and concussions, and (3) catastrophic injuries including paralysis and death. Risks also include damage to or loss of personal property. With full knowledge of the risks that are inherent in the Activities and my use of LEVEL SEVEN facilities or equipment, I hereby state that my participation in the Activities is voluntary and that I knowingly assume all such risks.

 

INDEMNITY: I further agree to indemnify, defend, and hold harmless LEVEL SEVEN and their Releasees from and against any and all claims, demands, actions, costs, expenses, compensation, and liabilities of any type or nature whatsoever, including but not limited to attorney’s fees and any related costs, arising out of or in any way connected with the Activities, my use of LEVEL SEVEN facilities, equipment, or otherwise.

 

STATUS TO PARTICIPATE:  I certify that I am physically and mentally able to participate in any Activity in which I choose to participate.  I understand that if I am uncertain about my ability to participate in any Activity, it is my responsibility to consult my personal physician before doing so. In the case of a medical emergency that occurs during my participation in an Activity, LEVEL SEVEN or their Releasees may take actions to obtain or administer whatever treatment regarding my health and safety is considered to be warranted under the circumstances, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel, although they are not obligated to take any such action. Such actions taken do not create a special relationship between LEVEL SEVEN and me. I further agree to be solely responsible for any costs related to or incurred as a result of such treatment(s). I am aware and understand that I carry my own health insurance.

 

SCOPE: I understand and agree that the terms of this Agreement, including but not limited to the waivers, assumptions of risks and indemnities set forth above, are intended to be as broad and inclusive as permitted by Iowa law. If any portion of this Agreement is held invalid, I agree that the remaining provisions shall continue to be in full legal force and effect. I agree that this Agreement is and will be binding on me and my heirs, assigns and personal representatives.


 

ACKNOWLEDGEMENT OF UNDESTANDING: I have read this Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this Agreement freely and voluntarily, and I intend by my signature to completely and unconditionally release all liability to the maximum extent allowed by law. If I am not yet 18 years old, my parent or guardian has read this Agreement and signed below on behalf of both of us.

-- This form must be signed and dated before any participation --

SALES & PAYMENTS

The purchase of products on and from Level Seven Performance (hereinafter “LEVEL SEVEN”) and this website are subject to levelseven.fit terms and conditions. All customers are advised to review these carefully before making any purchase. All online content sold by LEVEL SEVEN is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product(s) they purchased to any third party or person.

All transactions are made through payment gateways such as PayPal that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.

All transactions made on and from levelseven.fit and in-person are non-refundable. Since the products made available are intangible, we cannot accept any request for refunds. In the case where a purchase error is made, please contact us at levesevenia@gmail.com.

 

By placing an order with LEVEL SEVEN, you warrant that you are at least 18 years old (or have parents’ permission to buy from us) and accept these terms & conditions, which shall apply to all orders placed. None of these terms & conditions affect your statutory rights.

 

Note that trainers affiliated with LEVEL SEVEN are subject to their own price points and that they may not all coincide with each other.

 

ADDITIONAL INFORMATION

LEVEL SEVEN reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offering without prior notice.

LATENESS & NO-SHOWS

Lateness & No Show Policy

It is expected that the personal trainer and clients both arrive at the scheduled time for each session. Unless prior arrangements have been made with the trainer, clients arriving late will receive the remaining scheduled session time. If the trainer is running late, the client shall be owed back the missed time at a time suitable to both the trainer and the client.

  • Personal training sessions that are not rescheduled or canceled 24 hours in advance will result in forfeiture of the session and a loss of the associated fee, at the rate of one session.

Expiration Policy

The expiration policy requires completion of all personal training sessions within 90 DAYS of the date of the contract’s starting date. Training sessions are void after this time period. There is no transferability for any personal training sessions or packages.

Refund Policy

No personal training refunds will be issued for any reason, including but not limited to relocation, illness, and unused sessions. Training sessions and packages are not refundable.

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