Wavier + Terms & Conditions

 
 

Liability Waiver

This coaching is for men and women of all fitness levels who want to rejuvenate their bodies and build full-body strength. Participants should use this program to build muscle and stamina, and also master proper form.

This site for information purposes only. Nothing that I publish is intended to diagnose, treat, prevent, or cure any disease. You know the most about your specific circumstances and shouldn't do anything that doesn't feel right. Always consult with your doctor.

If you use this information, you agree to accept full responsibility for your actions. You are responsible for working with a physician before, during, and after seeking fitness consultation. As such, any information provided to you should be followed with the approval of your physician.

Terms & Conditions

The following provisions constitute the Terms of Service (the “Terms”) of Summa System Health & Fitness Training, LLC, an Oregon limited liability company (the “Company”). By accessing, using, or downloading materials from the Company’s website, mobile application, or emails (collectively, the “Site”), you agree to these Terms and acknowledge that they are a legal agreement between you and the Company. If you disagree with these Terms, please do not access or use the Site or the Company’s services. The Company reserves the right to change these Terms (except pricing terms) at any time without prior notice.

1.   Eligibility.  The Company’s services are not targeted toward or intended for use by anyone under the age of 18.  By using the Site, you represent that you are 18 years of age or older.

2. Registration for an Account.  To use the services provided by the Company, you will need to complete the following steps:

  • Complete the Online Training Inquiry and submit it to the Company. You will then receive an email from the Company indicating whether the Company believes you are an appropriate fit for its services and, if so, with a recommended fitness training package.

  • If you wish to use the Company’s services, click on the PayPal link (or other billing service link) contained in the Company’s email. On PayPal (or other billing service used by the Company), you will need to set up an account and sign for up for a subscription to one of the Company’s fitness training packages. The packages are described in Section 3 below. You are not required to subscribe to the recommended package and may choose from among those offered.

  • Once you have subscribed, you will be directed to the Just Started page on the Site. You will need to complete and submit the following forms on the Just Started Page: (i) Intake Form, (ii) Equipment Availability Form, and (iii) Digital Physical Assessment.

  • You will then receive a link granting you access to the Company’s account on the Trainerize app (or other fitness tracking app used by the Company) so you can track your progress.

You agree to provide true, accurate, current, and complete information about yourself as prompted in the account registration process.  You also agree to update your account information as needed to keep it current. The Company will use your account information to provide the services on the Site for which you have expressed interest.  By registering for an account, you consent to receive electronic communications from the Company. Those communications may be sent by email, mobile application, text message, Skype, or notices posted on the Site.  If you provide any account information that is not accurate or current, or the Company has reasonable grounds to suspect that any of your account information is not accurate or current, the Company may suspend or terminate your account and refuse use of the Site to you.  

3.   Company Services.  By registering for an account with the Company, you will be able to access or use the services offered by the Company.  The Company’s services consist of the following three online fitness training packages:

Package 1: The Company provides you with recommendations on what to do and how to do it.  You follow the general workout program and nutrition information the Company provides.  Updated every 4 weeks. Consists of:

  • Fitness assessment process

  • Measurements tracker

  • General nutrition habits

  • Grocery list and buying strategies

  • Recommendations for kitchen gear, training equipment, and mobility tools

  • Workout program either on Google Docs or in PDF format, as desired

  • Warm-up and cool-down routines

Package 2: The Company creates an individualized workout program based on your Intake Form responses.  The Company works with you to adjust your training plan based on your statistics tracking and preferences after engaging in workouts.  Updated every 4 weeks. Consists of:

  • All Package 1 services

  • Skype or phone check-in once every 4 weeks

  • Weekly email support

  • Goal guidance

  • Problem-solving and program adjustment (as needed)

  • Individualized nutritional needs analysis

  • Nutrition habit change guidance

  • Smartphone app for workouts

Package 3:  The Company creates an individualized workout program based on your Intake Form responses and schedules workouts to keep you accountable.  The Company works with you to adjust your training plan based on your statistics tracking and preferences after engaging in workouts, plus full nutrition and habit-coaching support.  Updated every 4 weeks. Consists of:

  • All Package 2 services

  • Skype check-in once every 2 weeks

  • Expanded nutrition resources and instructions

  • Weekly food journal review

  • Video movement analysis and coaching

  • Smartphone app for workouts with enhanced scheduling, monitoring, and reviewing

Please note that none of the Company’s representatives is a licensed dietitian or nutritionist under Oregon law or the laws of any other states.  Accordingly, the nutrition information provided in the packages above is provided solely for educational purposes.

4.   Payment and Billing.  As described in Section 2, when you sign up for an account with the Company, you are required to create an account with PayPal (or other billing service used by the Company) to pay for the Company’s services.  You may update that account information as needed. You authorize the Company to charge the payment method you have designated through the Company’s billing service upon sign-up and every 4 weeks thereafter.  If a charge is declined, the Company will notify you by email and give you an opportunity to designate a different payment method for the Company’s services. If you do not respond within 3 days after the Company sends you the email notice or if a different payment method you designate is also declined, your subscription to the Company’s services will be cancelled and the Company will send email notice of the cancellation to you.  

5. Pricing.  The current prices of the Company’s fitness training packages are:

  • Package 1: $150.00 every 4 weeks

  • Package 2: $300.00 every 4 weeks

  • Package 3: $500.00 every 4 weeks

The Company may change these prices at any time by giving advance written notice to you.

6. Termination.  You may terminate your account with the Company and cancel your subscription at any time by cancelling your automatic payments to the Company from your account with PayPal (or other billing service used by the Company).  If you cancel during a 4-week cycle, you will not be refunded any amount you have already paid. The Company may also terminate your account and any pending services via electronic notice to you if you breach any of these Terms.  

7. Cancellation.  You may also cancel your account by emailing joey@joeydussel.com (link opens email message) for any of the following reasons:  (a) you die or become physically unable to use a substantial portion of the Company’s services; (b) the Company goes out of business;  or (c) the Company materially changes the services offered when you first signed up for an account. Upon any such cancellation, the Company will promptly issue a refund to your account with PayPal (or other billing service used by the Company) equal to an amount computed by dividing the total price you paid for the current 4-week period and multiplying it by the number of weeks remaining in that period.  

8. Your Three-Business-Day Right to Cancel.  IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO THE COMPANY’S SERVICES, WITHOUT PENALTY, YOU MAY CANCEL IT BY DELIVERING OR MAILING A WRITTEN NOTICE TO THE COMPANY.  THE NOTICE MUST SAY THAT YOU DO NOT WISH TO BE BOUND BY THE SUBSCRIPTION AND MUST BE DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN UP FOR A SUBSCRIPTION.  THE NOTICE MUST BE MAILED TO: SUMMA SYSTEM HEALTH & FITNESS TRAINING, LLC, 2323 SE BROOKWOOD AVENUE, HILLSBORO, OREGON, 97123. IF YOU CANCEL WITHIN THE THREE DAYS, THE COMPANY WILL RETURN TO YOU WITHIN 15 DAYS ALL AMOUNTS YOU HAVE PAID BY CREDIT TO YOUR ACCOUNT WITH PAYPAL (OR OTHER BILLING SERVICE USED BY THE COMPANY).

9. License.  So long as you comply with these Terms, the Company grants you a nonexclusive, nontransferable, nonsublicensable license to access and use the Site and the Company’s services.  Any use of the Site that is not authorized by these Terms is prohibited, and any such use will terminate this license. The Company may revoke this license at any time.

10. Third-Party Content.  The Site may contain links to websites owned or controlled by third parties.  It may also contain informational resources created by third parties that the Company is providing as a courtesy for educational purposes.  The Company does not endorse or warrant the accuracy of the information contained in any such third-party websites or informational resources.  The Company will not be liable for any damage or injury caused by your use of or reliance on the content contained in such third-party websites or information.  The Company strongly advises you to read the terms, conditions, and privacy policies of any such third-party websites that you visit.

11. Indemnification.  To the extent permitted by law, you agree to indemnify and hold harmless the Company and its members, managers, employees, agents, and representatives from and against all claims, liabilities, damages, and costs arising from or related to: (a) your misuse of the Site or the Company’s services or (b) your violation of these Terms.  

12. Governing Law; Venue.  These Terms will be governed by, and will be enforced and interpreted in accordance with, Oregon law.  Venue for any disputes regarding the enforceability or interpretation of these Terms will be exclusively in the state or federal courts located in Washington County, Oregon.

13. Attorneys’ Fees.  If any legal proceeding is commenced to enforce or interpret any provision of these Terms, the prevailing party in the proceeding will be entitled to recover that party’s reasonable attorneys’ fees in the proceeding and on appeal, as well as the costs and disbursements allowed by law.

14. Severability.  If any provision of these Terms is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, all other provisions will remain in full force and effect.

15. Waiver.  No waiver of a right arising out of a breach of any provision of these Terms will be deemed a waiver of any right arising out of any other or subsequent breach of the same or any other provision or a waiver of the provision itself.

16. Entire Agreement.  These Terms constitute the entire agreement between you and the Company with respect to the subject matter of these Terms and supersede all prior and contemporaneous agreements and understandings, written or oral, between you and the Company with respect to the subject matter of these Terms.