Coaching Terms and Release of Liability
Before you read the full terms
This is a legal agreement between you and me. Four parts matter most:
- Lifting heavy things carries real risk, including serious injury and death. You accept that risk (Section 5).
- You give up your right to sue me for injuries connected to the coaching, including injuries caused by my own ordinary negligence (Section 6).
- I'm a strength coach, not a doctor or physical therapist. I coach you remotely and can't see you while you train. You're responsible for your health, your equipment and your training space (Sections 3 and 4).
- Billing is monthly. You can cancel any time, and coaching runs to the end of the month you've paid for. There are no partial refunds (Section 9).
This summary is here to help you read the rest. It doesn't replace it. If the summary and the full terms ever differ, the full terms control.
- This agreement
- Who can sign up
- What coaching is and isn't
- Your health and your training space
- Assumption of risk
- Release of liability
- Indemnity
- Limit on damages
- Fees, billing and cancellation
- What I commit to
- Your videos and information
- My programming
- Ending coaching
- No guarantees
- Governing law and disputes
- Electronic signature and records
- Changes to these terms
- The rest of the fine print
- Contact
1This agreement
These terms are a binding contract between you and Matthew Majeika, a sole proprietor doing business as Kingdom Fit Strength Training in Rhode Island ("I", "me", "my"). "You" means the person enrolling in coaching.
They cover all coaching I provide: programming, the Week One Assessment, log reviews, messages, video feedback, calls, and anything else I give you through the TurnKey Coach app, email, text or video call (together, "the Coaching").
You accept these terms by signing them during onboarding, for example by typing your full name, or by giving your electronic signature any other way. You also accept them by using the Coaching. If you don't agree, don't enroll and don't follow any programming I've written for you.
The description of the plan you bought (what it includes, its price and its reply turnaround) is part of this agreement. My Privacy Policy explains how I handle your information. It isn't a contract term, but you should read it.
2Who can sign up
You must be at least 18 years old and legally able to enter a contract. The Coaching is not offered to minors, and nobody may enroll on a minor's behalf.
You must not enroll if a physician or other licensed healthcare provider has told you not to do strength training or vigorous exercise.
3What coaching is and isn't
I'm a strength coach. I write barbell and strength programming and give feedback on your training. I am not a physician, physical therapist, chiropractor, athletic trainer, registered dietitian, or any other licensed healthcare provider, and nothing in the Coaching is medical advice, diagnosis or treatment. Don't use the Coaching in place of medical care, and don't put off getting medical care because of anything I've said.
The Coaching is remote. That has specific limits, and you accept them:
- I am never physically present while you train. I can't spot you, stop a set, check your equipment, or see a problem as it happens.
- Video feedback only covers what the camera caught, from the angle you filmed. It comes after the lift, not during it.
- My programming depends on what you tell me: your logs, your intake answers, your messages. If that information is incomplete or inaccurate, the programming will be too.
- Reply turnaround is measured in days. The Coaching is not an emergency service. If something is wrong with your body, don't wait for me. Stop and get medical help.
4Your health and your training space
Before you start
I strongly recommend seeing a physician before you begin any strength training program, and especially if you have a heart, lung, joint, spinal or metabolic condition, take medication that affects heart rate or blood pressure, are pregnant, have had surgery recently, or are returning from injury. If you choose to start without medical clearance, you do so on your own judgment and at your own risk.
What you promise
- Your intake answers are true and complete, including injuries, medical conditions, medications and anything a doctor has told you about exercise.
- You'll tell me promptly about any new injury, pain, diagnosis, medication, pregnancy, or change in your health.
- You'll stop training immediately and seek medical care if you feel chest pain or pressure, unusual shortness of breath, dizziness, fainting, sudden or sharp pain, numbness or tingling, or anything else that feels wrong. Tell me after.
Your responsibility, not mine
You choose where and how you train, and you're responsible for it. That includes:
- Equipment: checking that your bar, plates, collars, rack, safeties, bench, platform and flooring are in good condition and suitable for the loads you're lifting.
- Safety setup: using safety pins, straps or spotter arms set at the right height, or a competent spotter, whenever a failed rep could trap you under the bar. Collaring the bar. Keeping the area clear.
- Judgment on the day: programmed weights are targets, not orders. You decide whether to attempt a set. If a weight, rep count or exercise feels unsafe for you that day, don't do it, and tell me.
- Gyms and third parties: I don't own, inspect or control your gym, its equipment, or other people there.
5Assumption of risk
Please read carefully. This section affects your legal rights.
Strength training is inherently dangerous. Heavy squats, deadlifts, presses, Olympic lifts, conditioning and related exercises carry risks that no amount of care can eliminate. Those risks include, among others:
- muscle, tendon and ligament strains and tears; joint injury and dislocation; spinal disc injury and nerve damage; hernia; fractures;
- being trapped, crushed or struck by a bar, plates or other equipment; dropping weights; falls; equipment breaking or failing;
- fainting, blacking out under a load, spikes in blood pressure, heat illness, rhabdomyolysis, heart attack, stroke, cardiac arrest, and death;
- overuse injury and aggravation of existing conditions, whether or not you've told me about them;
- risks that come specifically from remote coaching: a problem in your technique, setup or recovery that I miss, misjudge, or don't learn about in time; programming built on information that turns out to be wrong; and delays in my replies.
I understand these risks, including the risk of serious injury and death, and including risks caused by the ordinary negligence of Matthew Majeika. I voluntarily choose to take part in the Coaching and I knowingly assume all of these risks, known and unknown.
6Release of liability and covenant not to sue
This is a release of legal claims. By accepting these terms you give up your right to sue for injuries, including injuries caused by negligence.
6.1 Who is released. "Released Parties" means Matthew Majeika, individually and doing business as Kingdom Fit Strength Training, and anyone who helps me deliver the Coaching on my behalf, together with my and their heirs, successors and assigns.
6.2 What you release. To the fullest extent Rhode Island law allows, you, for yourself and for your heirs, executors, administrators, estate, personal representatives and anyone else who may claim through you, release, waive and forever discharge the Released Parties from any and all claims, demands, causes of action, damages, losses and liability of any kind for bodily injury, illness, disability, death, or property damage that arise out of or relate in any way to the Coaching. This includes the programming, the Week One Assessment, exercise selection, loads, volume and progression, technique feedback, advice given or not given, and your training under any of it.
6.3 Negligence is included. This release specifically includes claims based on the ordinary negligence of the Released Parties. Examples include a programming error, a load or progression that turns out to be too aggressive, inaccurate or incomplete technique feedback, failing to notice a problem in your videos or logs, or a late reply.
6.4 Covenant not to sue. You agree not to bring any lawsuit or other legal claim against a Released Party that this release covers.
6.5 What is not released. This release does not cover gross negligence, recklessness, or intentional misconduct by a Released Party, or any claim that the law does not allow to be released. If a court decides any part of this section goes further than the law allows, that part will be narrowed only as far as needed to be enforceable, and the rest of the release stays in full effect.
6.6 Consideration. You agree that my acceptance of you as a client and my providing the Coaching are the consideration for this release, and that you would not receive the Coaching without it.
7Indemnity
You agree to defend, indemnify and hold harmless the Released Parties from any claim, loss, liability, damages and reasonable attorneys' fees brought by a third party that arises from (a) your training, including injury to someone else or damage to someone else's property while you train; (b) your breach of these terms; or (c) videos or other content you send me that you didn't have the right to share. This section does not apply to anything caused by the gross negligence, recklessness or intentional misconduct of a Released Party.
8Limit on damages
To the fullest extent the law allows, and for any claim that isn't released under Section 6:
- my total liability to you for all claims connected to the Coaching is limited to the amount you paid me in the three months before the claim arose; and
- I am not liable for indirect, incidental, special, consequential or punitive damages, or for lost income, profits or opportunities.
This section does not limit liability for gross negligence, recklessness or intentional misconduct.
9Fees, billing and cancellation
Price. You pay the monthly price shown for your plan when you enroll. Payments are processed by Stripe through TurnKey Coach. I don't receive or store your full card number.
Recurring charge. Your plan is a monthly subscription that renews automatically. By enrolling, you authorize me to charge your payment method the plan price on your start date and on the same date each month after that, until you cancel.
Cancelling. You can cancel at any time, for any reason, by emailing coach@kingdom-fit.com. No reason or notice period is required. I'll confirm your cancellation in writing. To avoid the next charge, cancel before your next billing date. Your cancellation stops all future charges. Coaching continues through the end of the month you've already paid for, and then ends.
No partial refunds. Payments are non-refundable, and I don't give refunds or credits for partial months, unused coaching, or time you didn't train. The one exception is in Section 13.
Price changes. I won't change the price of your plan without emailing you at least 30 days before the new price applies to you. You can cancel before then.
Failed payments. If a payment fails, I may pause the Coaching until it goes through. If you think a charge is wrong, email me first. I'll look into it and fix any real error promptly.
Pausing. If you need a break (injury, travel, a new baby), ask. I may pause your billing, but I don't have to.
10What I commit to
I'll deliver what your plan's description says, with reasonable care and skill. Reply turnaround times are counted in business days (Monday to Friday, excluding U.S. federal holidays). If I'm going to be unavailable for longer than my turnaround, I'll tell you ahead of time whenever I can. If illness, emergency or other events outside my control stop me from coaching for a time, I'll let you know as soon as I reasonably can, and we'll work out a pause or a credit.
11Your videos and information
- You own your videos, logs and messages. You give me permission to store, view and use them only to coach you, to keep records of the Coaching, and to defend or pursue legal claims.
- Nothing of yours goes public without your permission, given in writing, each time. That covers your videos, photos, numbers, results, name and words. Permission for one post isn't permission for the next. You can withdraw permission for future use at any time.
- Only film and send footage you have the right to share. Don't send footage showing other people who haven't agreed to it, and follow your gym's rules on filming.
How I collect, store and protect your information is set out in my Privacy Policy.
12My programming
The programs, templates, notes and materials I write are my work and I keep all rights to them. They're written for you, and you may use them for your own training, including after coaching ends. You may not sell, publish, or share them for someone else to use.
13Ending coaching
You can end the Coaching at any time under Section 9.
I can end the Coaching at any time by telling you in writing. If I end it because you breached these terms, behaved abusively, or gave me false health information, there is no refund. If I end it for any other reason, I'll refund the unused part of your current month, calculated by day.
Sections 5 through 8, 11, 12, 15, 16 and 18 survive the end of the Coaching.
14No guarantees
Results depend on things outside my control: your consistency, sleep, food, stress, age, health, and training history. I don't guarantee any particular result, including gains in strength, size or weight, or loss of body fat. Testimonials and client examples describe those people's experience and aren't a promise of yours. Apart from the commitments in Section 10, and to the fullest extent the law allows, the Coaching is provided "as is", without warranties of any kind, express or implied.
15Governing law and disputes
These terms, and any dispute about them or the Coaching, are governed by the laws of the State of Rhode Island, without regard to conflict-of-law rules.
If there's a problem, email me first and give me 30 days to try to resolve it with you directly. If that doesn't work, any lawsuit must be brought only in the state courts located in Kent County, Rhode Island, and you and I both consent to the jurisdiction of those courts. Either of us may bring a claim that qualifies in small claims court instead.
16Electronic signature and records
You agree to sign and receive this agreement electronically. Typing your full name, drawing a signature, checking an agreement box, or clicking to accept is your electronic signature. It is as binding as a handwritten one under the federal E-SIGN Act and Rhode Island's Uniform Electronic Transactions Act (R.I. Gen. Laws ch. 42-127). I keep a record of the version you accepted and when you accepted it. You can ask me for a copy at any time, and every version stays available on request.
17Changes to these terms
I may update these terms. If a change is material, I'll email you at least 30 days before it takes effect. If you keep using the Coaching after that date, you accept the new version. If you don't accept it, cancel before that date. A change never applies to an injury, claim or dispute that arose before it took effect. Those stay governed by the version you had accepted at the time.
18The rest of the fine print
- Severability. If a court finds any part of these terms unenforceable, that part will be enforced to the maximum extent allowed and the rest of the agreement stays in effect.
- Entire agreement. These terms and your plan description are the whole agreement between us about the Coaching. They replace anything said earlier, in writing or in conversation.
- No waiver. If I don't enforce a term right away, I haven't given up the right to enforce it later.
- Assignment. You can't transfer this agreement. I can transfer it to someone who takes over the Coaching, and the release in Section 6 benefits them too.
- Headings and summary. Headings and the summary at the top are for convenience only.
- Voluntary agreement. You've had the chance to read these terms, ask me questions, and have a lawyer review them before accepting.
19Contact
Matthew Majeika, Kingdom Fit Strength Training, Rhode Island
coach@kingdom-fit.com
Acknowledgment
By accepting these terms I confirm that: I am at least 18 years old. I have read this entire agreement, including the assumption of risk in Section 5 and the release of liability in Section 6. I understand that strength training can cause serious injury and death. I understand that I am giving up substantial legal rights, including my right to sue Matthew Majeika for injuries caused by his ordinary negligence. I am accepting this agreement freely and voluntarily, and I intend it to be a complete and unconditional release to the fullest extent allowed by law.