Terms of Service

1. Acceptance of Terms

By accessing this website, scheduling a consultation, purchasing a training package, or participating in any training session or program offered by Corvin Gelfand Personal Training ("we," "us," "our," "Corvin"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this website. Your continued use of our services after any modifications constitutes your acceptance of the updated Terms.

2. Services Offered

Corvin Gelfand Personal Training provides personalized fitness training services, including but not limited to:

• One-on-One Training: Individualized in-person or virtual personal training sessions
• Group Training: Small group fitness classes and boot camps
• Online Programs: Digital training programs, workout plans, and instructional content
• Nutritional Guidance: General nutrition advice and meal planning (not medical or dietitian services)
• Fitness Assessments: Initial consultations, body composition analysis, and progress tracking
• Educational Resources: Video tutorials, exercise demonstrations, and fitness information

All services are subject to availability and may be modified or discontinued at our discretion.

3. Eligibility and Medical Clearance

3.1 Age Requirement

You must be at least 18 years old to use our services. If you are under 18, you may only use our services with the involvement and supervision of a parent or legal guardian who agrees to be bound by these Terms.

3.2 Medical Clearance

Before beginning any fitness program, you are strongly advised to consult with a qualified healthcare provider. By using our services, you represent and warrant that:

• You are physically and mentally capable of participating in fitness activities
• You have no medical condition that would prevent safe participation in physical exercise
• You have disclosed any relevant medical conditions, injuries, or limitations to your trainer
• You will immediately inform your trainer of any changes to your health status
• You assume full responsibility for any health risks associated with participating in our programs

Important: We are not medical professionals. Our services are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions regarding a medical condition.

3.3 Pre-Exercise Health Screening

You may be required to complete a Physical Activity Readiness Questionnaire (PAR-Q) or similar health screening form before participating in training sessions. Providing false or incomplete information may result in immediate termination of services without refund.

4. Client Responsibilities

As a client, you agree to:

• Honesty: Provide accurate and complete information about your health, fitness level, goals, and any limitations
• Communication: Promptly notify your trainer of any injuries, discomfort, or changes in your health status
• Attendance: Arrive on time for scheduled sessions and provide advance notice for cancellations or rescheduling
• Effort: Follow instructions, perform exercises with proper form, and work toward your fitness goals
• Respect: Treat your trainer, facility staff, and other clients with courtesy and respect
• Safety: Follow all safety guidelines and use equipment properly as instructed
• Payment: Pay all fees in full and on time according to the agreed payment schedule
• Personal Property: Maintain responsibility for your personal belongings at all times

5. Scheduling, Cancellation, and No-Show Policy

5.1 Scheduling

Training sessions are scheduled by mutual agreement between you and your trainer. Session times are subject to availability and may be adjusted as needed with reasonable notice.

5.2 Cancellation Policy

If you need to cancel or reschedule a training session, you must provide at least 24 hours advance notice. Cancellations made with proper notice will allow you to reschedule the session at no additional charge.

5.3 Late Cancellations and No-Shows

• Late Cancellation: Cancellations made with less than 24 hours notice will result in forfeiture of that session
• No-Show: Failure to attend a scheduled session without prior notice will result in forfeiture of that session
• Late Arrival: If you arrive more than 15 minutes late, your trainer reserves the right to cancel or shorten the session, and the session will be counted as completed

5.4 Trainer Cancellations

In the event that we must cancel a scheduled session (due to illness, emergency, or other unforeseen circumstances), we will provide as much notice as possible and will reschedule the session at no charge to you.

5.5 Session Expiration

Purchased training sessions must be used within the time period specified in your service agreement (typically 90 days from purchase). Unused sessions will expire and will not be refunded or carried over unless otherwise agreed in writing.

6. Payment Terms and Pricing

6.1 Fees and Packages

Pricing for our services is as specified on our website, in promotional materials, or in your service agreement. All prices are in US Dollars (USD) and are subject to change without notice for future purchases.

6.2 Payment Methods

We accept payment via credit card, debit card, bank transfer, or other payment methods as agreed. Payment is due at the time of purchase unless other arrangements have been made in writing.

6.3 Package Purchases

Training sessions are typically sold in packages (e.g., 10-session package, monthly membership). Package discounts apply only when payment is made in full at the time of purchase.

6.4 Recurring Payments

If you enroll in a recurring payment plan or membership:

• You authorize us to charge your payment method on a recurring basis (weekly, monthly, etc.)
• Recurring payments will continue until you cancel your membership according to the cancellation terms
• You are responsible for keeping your payment information current
• Failed payments may result in suspension of services and late fees

6.5 Late Payments

If payment is not received by the due date, we reserve the right to:

• Suspend services until payment is received
• Charge late fees or interest as permitted by law
• Terminate your service agreement and forfeit unused sessions

7. Refund and Cancellation Policy

7.1 Service Satisfaction

We are committed to your satisfaction. If you are not satisfied with our services, please contact us within 7 days of your first session to discuss your concerns. We will work with you to address any issues.

7.2 Refund Policy

Due to the personalized nature of our services, all sales are generally final. However, refunds may be considered under the following circumstances:

• Medical Reasons: If you are unable to continue training due to a medical condition documented by a physician, we may offer a prorated refund for unused sessions
• Relocation: If you relocate more than 50 miles from our training location and online training is not suitable, we may offer a prorated refund
• Service Issues: If we are unable to provide the agreed-upon services, we will offer a full or prorated refund as appropriate

Refund requests must be submitted in writing and will be evaluated on a case-by-case basis. Processing of approved refunds may take 7-14 business days.

7.3 No Refunds for Forfeited Sessions

Sessions forfeited due to late cancellations, no-shows, or expiration are not eligible for refund or credit.

7.4 Membership Cancellation

If you wish to cancel a recurring membership or ongoing service agreement:

• You must provide written notice at least 30 days prior to your next billing date
• You remain responsible for payment through the end of the notice period
• No refunds will be provided for partial months or unused services within the notice period

8. Assumption of Risk and Liability Release

8.1 Inherent Risks of Physical Activity

You acknowledge and understand that participation in physical fitness activities involves inherent risks, including but not limited to:

• Muscle soreness, strains, and sprains
• Joint injuries
• Cardiovascular stress
• Falls and impact injuries
• Aggravation of pre-existing conditions
• In rare cases, serious injury or death

8.2 Assumption of Risk

By using our services, you voluntarily assume all risks associated with participation in fitness training, whether foreseen or unforeseen. You accept personal responsibility for any and all injuries or damages that may result from your participation.

8.3 Release and Waiver of Liability

To the fullest extent permitted by law, you agree to release, waive, discharge, and hold harmless Corvin Gelfand Personal Training, Corvin Gelfand, and any affiliated trainers, employees, or contractors from any and all claims, liabilities, damages, or expenses arising from your participation in our services, including claims arising from:

• Personal injury, illness, or death
• Property damage or loss
• Negligence (except gross negligence or willful misconduct)
• Equipment failure or facility conditions

8.4 Insurance

You are strongly encouraged to maintain adequate health and accident insurance coverage. We do not provide insurance coverage for clients.

8.5 Indemnification

You agree to indemnify and hold harmless Corvin Gelfand Personal Training from any claims, damages, or expenses (including legal fees) arising from your actions, negligence, or violation of these Terms.

9. Trainer's Rights and Limitations

9.1 Scope of Services

Our trainers are certified fitness professionals, but they are not:

• Licensed medical professionals, physicians, or physical therapists
• Registered dietitians or nutritionists (nutrition guidance is general information only)
• Mental health professionals or counselors

Our services are limited to fitness training, exercise instruction, and general wellness advice. We do not diagnose, treat, or cure any medical conditions.

9.2 Right to Refuse or Terminate Services

We reserve the right to refuse service or terminate your participation in our programs at any time, without prior notice, if:

• You fail to comply with these Terms
• You engage in disrespectful, threatening, or inappropriate behavior
• You appear to be under the influence of drugs or alcohol
• Your health or safety (or that of others) is at risk
• You fail to make payments as agreed
• Your actions create liability concerns

In such cases, you will not be entitled to a refund for unused services.

9.3 Program Modifications

Your trainer reserves the right to modify workout programs, exercises, or training methods at any time based on your progress, safety considerations, or professional judgment.

10. Intellectual Property Rights

10.1 Ownership

All content on this website and in our training materials, including but not limited to text, graphics, logos, videos, workout programs, images, and software, is the property of Corvin Gelfand Personal Training and is protected by United States and international copyright, trademark, and other intellectual property laws.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website and training materials solely for your personal, non-commercial use. You may not:

• Reproduce, distribute, or publicly display our content without written permission
• Modify, reverse engineer, or create derivative works from our materials
• Use our content for commercial purposes or resale
• Share, sell, or distribute workout programs or training materials to third parties
• Remove copyright notices or proprietary markings from any content

10.3 Trademarks

The name "Corvin Gelfand Personal Training" and associated logos are trademarks or registered trademarks. You may not use these marks without our prior written consent.

10.4 User-Generated Content

If you submit testimonials, reviews, photos, videos, or other content to us (e.g., transformation photos, success stories), you grant us a perpetual, royalty-free, worldwide license to use, reproduce, modify, and display such content for marketing and promotional purposes. You represent that you have the right to grant this license and that the content does not violate any third-party rights.

11. Photography and Video Release

During training sessions or events, we may take photographs or videos for marketing, promotional, or instructional purposes. By participating in our services, you grant us permission to use your likeness in such materials unless you specifically opt out in writing.

If you do not wish to be photographed or filmed, please inform us in writing, and we will make reasonable efforts to accommodate your request.

12. Use of Website and Online Services

12.1 Acceptable Use

When using our website or online services, you agree not to:

• Violate any applicable laws or regulations
• Impersonate any person or entity
• Interfere with or disrupt the operation of the website
• Attempt to gain unauthorized access to our systems
• Upload viruses, malware, or harmful code
• Harvest or collect information about other users
• Use automated systems (bots, scrapers) to access the website
• Post or transmit offensive, defamatory, or inappropriate content

12.2 Account Security

If you create an account or login credentials for our online services, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

12.3 Third-Party Links

Our website may contain links to third-party websites (e.g., social media, YouTube, Spotify). We are not responsible for the content, privacy practices, or terms of service of these third-party sites. Your use of third-party sites is at your own risk.

13. Confidentiality and Non-Solicitation

13.1 Confidential Information

During the course of our professional relationship, you may receive access to confidential information, including training methodologies, proprietary programs, or business practices. You agree not to disclose this information to third parties or use it for your own benefit.

13.2 Non-Solicitation

You agree not to solicit, recruit, or hire any of our trainers or employees for a period of one (1) year following termination of services. This includes direct employment, independent contracting, or any other business relationship that would compete with our services.

14. Disclaimer of Warranties

OUR SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that services will be uninterrupted, secure, or error-free
• Warranties regarding specific fitness results or outcomes

We do not guarantee that our services will meet your expectations or achieve specific fitness goals. Individual results vary based on effort, genetics, lifestyle, and other factors beyond our control.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• IN NO EVENT SHALL CORVIN GELFAND PERSONAL TRAINING, CORVIN GELFAND, OR ANY AFFILIATED TRAINERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF INCOME, OR EMOTIONAL DISTRESS.
• OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
• SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, fires, hurricanes)
• Pandemics, epidemics, or public health emergencies
• Acts of terrorism or war
• Government orders, restrictions, or lockdowns
• Utility failures or communication system disruptions
• Facility closures or equipment failures

In the event of force majeure, we will make reasonable efforts to provide alternative services (such as online training) or reschedule sessions when possible.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

If you have a dispute or complaint regarding our services, please contact us first to attempt to resolve the matter informally. Most issues can be resolved through open communication.

17.2 Binding Arbitration

If we cannot resolve a dispute informally, you agree that any claim, dispute, or controversy arising from these Terms or your use of our services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA).

Arbitration shall take place in the state where services are provided, or via online/telephonic arbitration if mutually agreed. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

17.3 Class Action Waiver

You agree to resolve disputes with us only on an individual basis and waive your right to participate in any class action, collective action, or representative proceeding.

17.4 Exceptions

Either party may seek injunctive or equitable relief in court for matters involving intellectual property infringement, confidentiality breaches, or other claims not subject to arbitration under applicable law.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State where Corvin Gelfand Personal Training operates, without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms (excluding matters subject to arbitration) shall be brought exclusively in the state or federal courts located in that jurisdiction, and you consent to the personal jurisdiction of such courts.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and any written service agreements, constitute the entire agreement between you and Corvin Gelfand Personal Training regarding the use of our services. These Terms supersede all prior or contemporaneous agreements, representations, or understandings, whether written or oral.

21. Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative.

22. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any successor or affiliate without restriction.

23. Survival

Provisions of these Terms that by their nature should survive termination (including but not limited to liability waivers, indemnification, intellectual property rights, and dispute resolution) shall survive the termination of your use of our services.

24. Changes to Services

We reserve the right to modify, suspend, or discontinue any aspect of our services, website, or programs at any time without prior notice. We shall not be liable to you or any third party for any such modifications or discontinuation.

25. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, please contact us:

Corvin Gelfand Personal Training
Email: Corvin.Gelfand@gmail.com
Contact Form: www.corvingelfand.com/contact

26. Acknowledgment and Agreement

BY USING OUR SERVICES OR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.

You further acknowledge that these Terms include important provisions such as assumption of risk, liability releases, binding arbitration, and class action waiver, which affect your legal rights.