Terms of Service and Liability Waiver
Terms of Service:
Payment for service is due at or before the time of service. Carter Blue LLC (CB) will refund payment for service for clients who cancel more than 24 hours before a scheduled appointment. CB will not refund payments for services within 24 hours of the scheduled appointment absent extenuating circumstances and only if CB agrees to do so in writing.
CB reserves the right to terminate or decline to offer services to any client at any time and for any reason, in which event CB will refund any prepaid fee for service.
General Liability Waiver:
Carter Blue LLC (CB) employees, including Gigi Carter and Sersie Blue, are not physicians or psychologists. Consultation services do not include treatment or diagnosis of illnesses or disorders. Clients must consult with a licensed physician or other appropriate and licensed service provider without delay to treat any ailment or illness or to obtain medical attention. Only a licensed physician can prescribe medications. Discussion of medications is limited to that necessary for obtaining a client history. CB does not judge the appropriateness of any medication and shall not make any recommendation, either expressly or by implication regarding medications or medical treatment. Client acknowledges that any change in prescription or dosage is a decision the client must make with his or her physician.
Rather than dealing with treatment of disease, CB focuses on wellness and prevention of illness through the use of non-toxic, natural nutritional therapies and physical activity to achieve optimal health. CB provides nutritional therapies and physical training education to motivate individual clients to assume more responsibility for their health by, among other things, adopting a healthy attitude, lifestyle and diet. CB provides business and organizational clients with strategic consulting and educational services with the goal of improving workplace wellness.
While people generally experience greater health and wellness as a result of embracing a healthier attitude, lifestyle, and diet, CB does not promise or guarantee that its clients will achieve these goals or that they will avoid illness in the future. The client agrees to provide CB a complete and accurate account of the client’s medical history, conditions and medications. CB will keep the client’s history confidential.
By agreeing to these terms of service and liability waiver, the client acknowledges and understands that CB provides services as a health and wellness consultant and not as a physician. The client acknowledges that he or she has or shall consult a physician regarding any medical condition. The client agrees that CB is not and shall not be liable for a failure to diagnose or treat an illness, or any failure to prevent a future illness.
In the event a dispute between the client and Carter Blue LLC or Gigi Carter or Sersie Blue arises, the parties agree to submit the dispute to binding arbitration before the American Arbitration Association (AAA). Such arbitration shall be conducted by a single arbitrator. The cost of the AAA arbitration service and the arbitrator shall be shared equally by CB and the client. Client agrees that the sole remedy that the arbitrator can award to the client is a full or partial refund of the fee for services. Without limiting the generality of the foregoing, the arbitrator shall have no authority to award consequential, special, punitive or other damages, except as specifically provided herein.
Personal Training, TrainingPeaks Coaching, Inner Circle Workouts Waiver and Release:
Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes.
You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the trainer or instructor from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the trainer or instructor for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.