Waiver

RULES AND REGULATIONS

YOU (the Client) are agreeing to the following:

1. Your membership/service is not refundable or transferable.
2. If you do not use your available training sessions/classes/appointments/meetings or do not utilize our available correspondence you are still responsible for your full payment.
3. You are acknowledging that you are at least 18 years of age. If you are not 18, your parental guardian is acknowledging that they are responsible for this agreement.
4. This agreement must be paid in full, or full payment of fees must be made by the end of the Client’s program, or within 30 days of when the Client withdraws from the program. No refunds will apply. You are responsible for all fees associated with your term.
5. All NSF or returned payments are subject to a non refundable $30 processing fee.
6. Any Payment that is more than 10 days late will be subject to a 10% late payment penalty.
7. KGM Nutrition reserves the right to cancel, terminate, revoke or limit your membership at any time. No refunds will apply.
8. KGM Nutrition is not responsible for lost or stolen items.
9. You acknowledge that you are being given advice only by the KGM Nutrition Team. Various levels of education, experience and certifications make up the expertise of the programs, systems and advice given. The members of the KGM Nutrition are not medical professionals and are to be considered as consultants only.

RELEASE AND WAIVER OF LIABILITY
In consideration of KGM Nutrition granting you (or any child or ward of yours) the privilege of participating in activities in its facility and/or program, you hereby covenant not to sue or ask for a refund of any and all payments. You recognize that there are hazards and risks connected with physical fitness training. These risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress fracture, shin splints, tendonitis, cartilage tears, bursitis, back pain and bruising of joints. Exercise beyond one's physical limits and/or accidents involving exercise equipment may result in serious injury or even death. Client agrees to defend, release, discharge, indemnify and hold harmless KGM Nutrition against any loss, damage or expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage arising out of the negligent or intentional action of Client. Client further agrees to release KGM Nutrition and its owners, officer, agents, employees and/or affiliates from any and all liability arising out of injury to any member, and further agrees to defend, indemnify and hold KGM Nutrition, its owners, officers, employees and/or affiliates free and harmless from against the same. You acknowledge that cameras and smart phones are in use for the protection of the facility, social media or website posts, television promotions or commercials and property of KGM Nutrition. Client hereby consents to being photographed and/or recorded by video for such purposes.
TERMS OF THIS CONTRACT
1. HEADINGS. The headings in this Agreement are inserted for convenience only and shall not constitute a part of this Agreement.2. BINDING EFFECT. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.3. ENTIRE AGREEMENT. This Agreement, including the schedules, lists and other documents referred to in this Agreement which form a part of this Agreement, embody the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.4. GOVERNING LAW. This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the province of Alberta, and British Columbia, Canada.5. FURTHER ASSURANCES. The parties agree to execute such further documents as may be necessary, proper or convenient, for the purpose of fully effectuating the terms and conditions of this Agreement.6. SUSPENSION AND TERMINATION. You understand that KGM Nutrition may suspend or terminate my membership at any time, in its sole and absolute discretion, for non-payment of Membership Fees or for violation of any of KGM Nutrition policies and procedures, and that in so doing, KGM Nutrition assumes no further liability to adhere to the terms of this Agreement.7. ACCEPTANCE OF TERMS. As a Client, you understand that you are entitled to use the Facility within the scope of the membership or program that you have selected, and that you are obligated to pay your dues and fees regardless of whether or not you use the facility or program. You agree to promptly update KGM Nutrition of any change in your contact information (including address, telephone number or email address) or change in credit card information.8. You certify that you have read the foregoing Membership Agreement, and that by agreeing to payment processing and the terms of this contract, you acknowledge that you understand and agree to be bound by all of the terms and conditions herein.