ONLINE FITNESS, NUTRITION, AND HABIT COACHING AGREEMENT
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Welcome to Forgept.com (the “Website”) an online personal training program owned and operated by Forge Fitness and Nutrition Coaching, LLC (“FORGE”, “we”, “us” or “our”) that provides its Members (as defined below) with online fitness, nutrition and habit coaching sessions available through a mobile app or a web browser (the “FORGE Service”). For greater certainty, “FORGE Service” includes any use of the mobile app or access to resources generated by FORGE (as defined below) through the mobile app, desktop or direct coaching. These terms & conditions are a legally binding agreement between you and FORGE regarding your use of the Website and use and purchase of FORGE Services. By accessing or using the Website or using or purchasing the FORGE Service, you acknowledge that you have read, understood and agree to be bound by these terms & conditions, including any additional guidelines, the FORGE Privacy Policy, and any future modifications thereto (collectively, the “Agreement”), whether or not you become a member of FORGE by registering an account for the FORGE Service (“Member”). FORGE is a Registered Trademark ® and the FORGE name, mark and type are protected by law.
PERSONAL FITNESS TRAINING WAIVER OF LIABILITY, INFORMED CONSENT, VOLUNTARY CONSENT, AND CLIENT RESPONSIBILITY AGREEMENTS. IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT OR THE FORGE PRIVACY POLICY, YOU CANNOT USE THE WEBSITE OR THE FORGE SERVICE, AND YOU SHOULD IMMEDIATELY TERMINATE YOUR USE THEREOF.
OVERVIEW:This is an agreement between the buyer (referred to as “Client”) and Forge Fitness and Nutrition, LLC (referred to as “FORGE”). The purpose of this agreement is to establish the following: The cost of respective plans is based on the time spent by FORGE for coaching sessions and program design.| “Standard” “Complete” and “Premium” clients are responsible for the booking and execution of coaching services and will not be entitled to a refund should they neglect to schedule sessions and the “Standard’ plan includes one (1) coaching the “Complete” plan includes two (2) coaching session and “Premium” includes four (4) coaching sessions within every 30 days from the billing date. Unused coaching sessions do not roll over to the next month. | 90 Day Habit Transformation clients are responsible for the booking and execution of coaching services and will not be entitled to a refund should they neglect scheduling sessions, which expire 6 months after date of purchase. | To affirm the client releases FORGE of all liability. | Affirm that FORGE has fully informed the client of the risks, benefits, and limitations of an online coaching program. | To affirm that the client voluntarily consents to the risks involved in the FORGE Program. | Affirm FORGE has informed client of all cancellation rights and other provisions outlined.
STANDARD, COMPLETE, AND PREMIUM SUBSCRIPTION CANCELLATION AND REFUND: By enrolling in any program and completing a purchase of any FORGE service, you acknowledge and agree you have read and understand The Terms, Conditions, Procedures, Rules & Regulations of FORGE. You also acknowledge and agree to the following cancellation and refund policy: (1) All purchases made for our coaching programs are non-refundable during the initial 30-day period from the program’s start date. We encourage you to utilize this period to fully immerse yourself in the program and avail yourself of our expert coaches’ comprehensive support and guidance. However, there is no contract, so you may cancel anytime after your first month of enrollment. You will be billed in full for any work done by FORGE on your behalf within the first 30 days, and there are NO refunds. (2) The work by FORGE includes but is not limited to: processing your enrollment, communication, automated or live, administration tasks completed by FORGE, or any activity related to your program, including technology service set-up (FORGE app), agreement generation, workout programming or meal planning, whether completed or not. (3) You, the buyer, acknowledge that there are NO refunds on the first month’s subscription fees for any program, meal plans, and coaching services completed by FORGE employees, contractors, agents, automated or otherwise. (4) You also acknowledge that all FORGE STANDARD, COMPLETE, AND PREMIUM subscription programs are a 30-day commitment. You will be responsible for the terms of the agreement and will not be refunded if you choose to exit your coaching program early for any reason. (5) FORGE STANDARD, COMPLETE, AND PREMIUM subscription programs may be canceled after 30 days as indicated above, and no refunds will be granted. (6) If the purchaser/member dies or becomes legally disabled during the term of this agreement, he/she and his/her estate shall be relieved of the obligation to pay any remaining balance. (7) You acknowledge that the scheduling of coaching sessions is your responsibility, and these sessions do not carry over monthly or accumulate. Each FORGE program includes a set monthly series of coaching sessions, and they expire at the end of each billing cycle and are non-refundable. MISSED OR LAST-MINUTE RESCHEDULES OF COACHING SESSIONS ARE ONLY PERMITTED TWO (2) TIMES PER MONTH. Failure to meet your coach for sessions you schedule will be forfeited after the second no-show, and no refunds or credits will be granted. However, FORGE may accommodate you for planned absenteeism, emergencies, vacations, or limited terms agreed upon separately from this agreement. Please coordinate with your FORGE coach for such accommodation. You may cancel your recurring dues 10 DAYS PRIOR to your billing date with written notice directly to your Coach. Please message your Coach in the app messenger, and they will facilitate the cancellation. NOTE: You will be responsible for following the directions for cancellation given to you by your Coach. This will include a special link sent via the FORGE app messenger, which you must click and follow to complete a subscription cancellation. MESSAGING YOUR COACH WILL NOT CANCEL YOUR MEMBERSHIP. You are responsible for completing the cancellation process; no refunds will be given.
90-DAY HABIT INVESTMENT SAFETY NET GUARANTEE: I understand what it feels like to hesitate before making a major investment in yourself. That’s why I am offering an Investment Safety Net. Here’s how it works: You pay upfront for the full 90-Day Habit Transformation. We work together intensively for the first 30 days, building your personalized plan, rewiring your nutrition habits, and laying the foundation for real change. If at the 30-day mark you’ve shown up, done the work, and you’re not feeling the momentum or clarity you expected, I’ll refund the remaining 60 days of your investment. Why? Because I only want to work with people who feel fully aligned and committed to the process. This isn’t a free trial. It’s an accountability pact. You show up and invest — I deliver results and support. That’s how true transformation happens.
INVESTMENT SAFETY NET DISCLAIMER: To qualify for the Investment Safety Net, clients must attend all scheduled coaching calls during the first 30 days. Complete agreed-upon assignments, including workouts, nutrition tracking, and habit tasks. Communicate openly about challenges so adjustments can be made. Refunds are prorated based on the unused portion of the program (up to 60 days). Requests must be submitted in writing within 5 business days after the 30-day mark. This guarantee incentivizes you to take action towards your wellness while also reinforcing the effort required for real, lasting results.
By enrolling in a program and completing a purchase of any FORGE service, you acknowledge and agree you have read and understand the Terms, Conditions, Procedures, Rules & Regulations of FORGE. You also acknowledge and agree to the following cancellation and refund policy: (1) Enrollment is defined by submitting your first payment. (2) A partial refund may be available for the 90-Day Habit Transformation based on the terms of our Investment Safety Net. (3) You, the buyer, acknowledge that there are NO refunds on the first 4 weeks of the 90-Day Habit Transformation Program, and you are responsible for adhering to the program. (4) You acknowledge that the scheduling of coaching sessions is your responsibility, and these sessions do not carry over monthly or accumulate. Each FORGE program includes a set monthly series of coaching sessions, and they expire at the end of each week and are non-refundable. However, FORGE may accommodate you for planned absenteeism, emergencies, vacations, or limited terms agreed upon separately from this agreement. (8) If the purchaser/member dies or becomes legally disabled during the term of this agreement, he/she and his/her estate may submit a request for a refund on the pro-rated remaining balance
COACHING CALLS MAY BE RECORDED: I understand that coaching calls with any FORGE contractors or staff may be recorded for quality and training purposes with or without notice. I hereby give permission to FORGE to record my coaching calls and understand that copies of my coaching calls may be requested for personal reference.
PROMOTIONS, DISCOUNTS, AND BONUS TIME: FORGE may periodically run promotions that may include bonus time on dues, discounted rates, or other incentives to enroll in FORGE services. All incentive programs adhere to the FORGE terms and conditions. New enrollment incentives are for first-time clients only. Current members may not be eligible for current discounts or promotions. FORGE may run promotions exclusively for current and active clients, and the terms and conditions related to internal marketing vary depending on the promotion type, and details of such programs may not be included here.
TERM AND TERMINATION. FORGE may, at its option, terminate your membership if (1) any payments are 30 days late, or repeatedly late, (2) the monthly EFT payments are interrupted or discontinued for any reason and you or your co-signer do not provide an acceptable alternative, (3) you violate any part of this agreement or (4) your conduct is improper or harmful to the best interest of FORGE or others. Termination is effective on the date FORGE mails a written notice to your last known address. You are liable for all financial obligations until that date and for the dues and fees of any remaining unused months. If you prepaid your dues and fees, FORGE will not refund the unused portion.
NATURE OF THE ACTIVITY:Being physically fit and in good condition produces many benefits for the client, including pleasure, aesthetics, more energy, greater enjoyment of life, and many health benefits. Physical conditioning and training, however, by their very nature, carry with them certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Your FORGE Personal Fitness Trainer (hereafter referred to as PFT) provides an opportunity for clients to improve their strength, cardiovascular fitness, and other selected components of physical fitness in a pleasant environment with a variety of equipment. Your PFT will work with you to help you plan a personalized program that is designed specifically to help you to meet your needs and achieve your goals. Your PFT will provide you with instructions, supervise your activity within the scope of ability provided by the nature of online services, and monitor your progress. However, regardless of the reasonable care taken by your PFT in providing instruction, accidents and injuries can occur through no fault of the client and no fault of your PFT. Your PFT feels that the benefits of physical conditioning and training far outweigh the risks involved, but feels it is important for you to know both the benefits and the risks so that you can make an informed decision regarding your participation in such activities.
ACTIVITIES IN THE TRADITIONAL HEALTH CLUB SETTING: Strength-building activities include exercises on apparatus to develop leg strength, arm strength, abdominal strength, and strength of various muscle groups. Strength-building activities place additional and unusual demands upon the body since they involve strenuous maximal, or near-maximal, exertions of force using various muscle groups. Cardiovascular activities also place additional demands upon the body since they generally involve prolonged moderate to vigorous exercise on running tracks, exercise bikes, treadmills, steppers, and other types of cardiovascular equipment. All activities utilized for developing cardiovascular fitness involve sustained physical activity that places significant stress on the cardiovascular system. Additionally, all types of exercise equipment carry with them risks due to user misuse as well as those of equipment failure. Likewise, fitness testing, online or otherwise, carries certain inherent risks due to the strenuous, all-out effort required. Injuries can be a result of any number of inherent risks of conditioning and training, including such factors as excess stress during training or testing activities, inadvertent user inattention, unexpected equipment failure, inadvertent PFT error, and misjudgments of client ability by the client or the PFT. If you have questions regarding the benefits or risks of these or other activities, please consult with your PFT.
PERSONAL FITNESS TRAINING OUTSIDE OF THE TRADITIONAL CLUB SETTING includes special risks, of which the client should be aware. Such training settings can include training in 1) a home environment, 2) open water, and 3) running or bicycling on streets, roads, trails, and over rough terrain. A common risk in each of these settings may be that you are far from emergency care in the event of an injury or illness. Training in a home environment often involves risks such as exercising in a limited floor space, unpadded surfaces, low-hanging lights, crowded equipment, and inappropriate or inadequate equipment. Open water swimming involves many risks that go beyond the common swimming “overuse” injuries that involve the lower back, shoulder, knee, and elbow. Factors that can place you in great danger include, but are not limited to, currents, animal attack, water temperature, water clarity, high winds, rough water, rocks, and submerged objects. These and other factors can result in injuries that include exhaustion, need for rescue, dehydration, hypothermia, joint injury, broken bones, and death. Running and bicycling on a track incur many inherent risks, including muscle sprains, strains, and tears; ligament, tendon, and joint injuries; heat-related illness; and overexertion, which may result in stroke, heart attack, or death. Running and bicycling on streets, roads, trails, and rough terrain incur all of these risks as well as other environment-related risks such as falls due to uneven surfaces (e.g., potholes, roots, rough terrain), striking low hanging limbs, automobile traffic, insufficient availability of water, and sudden weather hazards (e.g., high winds, lightning, rain). Common injuries include scrapes and sprains; more serious injuries can include joint injuries and broken bones; and rarely, catastrophic injuries such as strokes, heart attack, paralysis, animal attack, and death.
NUTRITION AND FITNESS DISCLAIMER: I understand the nutrition advice given by FORGE Is based on the information I provided by completing and submitting this questionnaire. I understand it is my responsibility to provide complete and accurate information. I further understand and acknowledge that FORGE provides general nutrition education and coaching and is not a medically supervised program or a licensed dietetics company, but may offer programs guided by a Registered Dietitia,n and these programs will be clearly defined. I understand any menu program created for me by FORGE is simply a recommendation, and I am volunteering to participate or follow advice, meal plans, or exercise suggestions. I understand that no service or program provided by FORGE is intended to cure, prevent, diagnose, alleviate, or treat any medical conditions, disease, physical or mental, including those overseen by a Registered Dietitian or Physiologist. I understand that FORGE may utilize a license agreement with a third-party provider of nutrition and meal planning services or may contract with a Registered Dietitian, and all meal plans are populated by that party for FORGE clients based on the data submitted by the client on a food preference questionnaire.
NUTRITION AND/OR FITNESS WAIVER AND COVENANT NOT TO SUE: I have volunteered to participate in a nutrition suggestion program under the guidance of FORGE, which may include, but may not be limited to, nutrition planning and personalized coaching. In consideration of FORGE’s agreement to assist me, I do here and forever release and discharge and hereby hold harmless FORGE and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in any nutrition program including any injuries resulting there from. I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.
NUTRITION ASSUMPTION OF RISK: I recognize that specific foods may create allergic and possibly fatal reactions, most specifically, products containing nuts. I have therefore specified any food allergies or sensitivities I am aware of. I am aware that specific foods may interact with certain medications. I have discussed such food reactions and the side effects of all my medications with my doctor or pharmacist, and do not hold FORGE responsible for food and medication reactions. I also understand the meal plan I receive will not take my medications into consideration. If I am on medications, I am responsible for consulting with my doctor before starting a new meal plan. If I am pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, I must receive permission from my physician before participating in the specific nutrition program designed for my use, or may be advised to seek help from another health professional.
COVID-19 AND OTHER INFECTIOUS DISEASES. I acknowledge and understand that some evidence has shown that COVID-19 and other infectious diseases may cause serious and potentially life-threatening illness and even death. I acknowledge that FORGE cannot prevent me from becoming exposed to, contracting, or spreading COVID-19 or other infectious diseases while utilizing FORGE services in third-party premises or anywhere else. It is not possible to prevent the presence of any disease. I understand that if I choose to utilize recreational or fitness centers or supplemental services, or enter any third-party premises, I may be exposing myself to and/or increasing my risk of contracting or spreading COVID-19 or other infectious diseases. I understand the above warning concerning COVID-19 or other infectious diseases. I hereby choose to accept the risk of contracting COVID-19 or other infectious diseases for myself and/or my children, family, friends, or colleagues when I enter potentially risky areas of third-party premises. I acknowledge that, given the nature of the virus and ease of transmission that there is inherent risk in using the service in high-risk areas or third-party premises. I affirm these services are of such value to me that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 or other infectious disease to utilize the services. I hereby forever release and waive my right to sue FORGE and its owners, officers, directors, managers, officials, trustees, agents, employees, or contractors in connection with exposure, infection, and/or spread of COVID-19 or other infectious disease related to utilizing FORGE services. I understand and acknowledge that FORGE provides home-based workouts as an option, and I may request these workouts at any time.
ASSUMPTION OF RISK: I understand that the inherent risks of physical conditioning and training (including activities in and outside of the traditional club setting) vary with the activity, the setting, the muscle group involved, and the exercise equipment used. Common minor risks include minor muscle strains, muscle sprains, muscular fatigue, contusions, and post-exercise soreness. More serious, but less frequent, risks include joint injuries, torn muscles, heat-related illnesses, and back injuries. There is also the more remote risk of a catastrophic incident (e.g., stroke, heart attack, paralysis, or death). I have read the previous paragraphs, I have discussed the risks with my PFT, and I know and understand the nature of the activities that my PFT and I plan to use, I understand the demands of those activities relative to my condition and skill level, and I appreciate the types of injuries that may occur as a result of activities that my PFT and I have selected and their potential impact on my well-being and lifestyle. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
ACKNOWLEDGEMENTS, ASSERTIONS, AND AGREEMENTS: I assert that I have completed a medical history for my PFT and have no problems that contraindicate an exercise program. I acknowledge that my PFT recommends and encourages each client to get medical clearance from his/her personal physician prior to participation in physical conditioning and training. I assert that I possess a sufficient level of physical fitness to enable me to safely participate in the fitness program planned by my PFT and me. I give consent to various forms of communication between myself and PFT. I agree to assume all costs of my emergency medical care and transportation. I acknowledge that it is my duty to inform my PFT and cease exercise immediately if I should feel any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, and chest pains) or if I feel that the activity is inappropriate for me, whether during testing, strength training, cardiovascular training, or any other activity. I acknowledge that my PFT will conduct the activity in good faith and may find it necessary to terminate my participation in an activity when he/she judges me to be incapable of safely meeting the rigors of the activity. I accept your right to take such actions for the safety of myself and/or other parties.
WAIVER OF LIABILITY FOR NEGLIGENCE: In consideration for the services of my PFT, today and on all future dates, I (on behalf of myself, my heirs, personal representatives, and assigns) do hereby release, waive, and discharge my PFT and FORGE, employees, & agents as well as the owners and operators from liability from any and all claims including those arising from the negligence of my PFT, employees and agents, and the FPT owners and operators or anyone else associated in any manner with FORGE. This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from my participation in activities planned by my PFT and me (including, but not limited to, organized training activities, fitness tests and virtual classes. 2) any and all claims resulting from the damage to, loss of, or theft of property.
INDEMNIFICATION: I agree to hold harmless, defend, and indemnify my PFT and FORGE (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) from any and all claims of mine, my spouse, heirs, personal representatives, or assigns arising from my injury or loss due to my participation in activities planned by my PFT and me. I further agree to hold harmless, defend, and indemnify my PFT and FORGE (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) against any and all claims of co-participants, rescuers, and others arising from my conduct in the activities planned by my PFT and me.
COVENANT NOT TO SUE: I covenant not to sue my PFT or FORGE, its employees, and agents for any present or future claim I might have. This includes claims resulting from 1) the inherent risks of physical conditioning and training and 2) the ordinary negligence of my PFT, FORGE, their employees, and/or agents.
SEVERABILITY AND VENUE: I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
ACKNOWLEDGMENT OF UNDERSTANDING: I have read this Assumption of Risk, Waiver of Liability, Covenant not to Sue, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am signing the agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability, including that due to negligence by my PFT or FORGE to the greatest extent allowed by law in the State of Texas or any other within the United States of America, including the state in which I reside.
PRICING AND PAYMENT: I acknowledge and agree that this Contract is not transferable or assignable. I acknowledge that payment is required monthly through Electronic Funds Transfer. I understand this money is not refundable unless stipulated by Texas Law. I understand this contract and the terms it presents are for the purchase of services and any other purchase of services in the future. I acknowledge that this specific contract, release of liability, consent, and agreement are continuously valid indefinitely. No refund will be granted for sessions that have been completed. FORGE reserves the right to refuse service to anyone. I also understand and agree that pricing may change with or without notice at the discretion of FORGE.
CLIENT RESPONSIBILITY: I understand that it is my responsibility to 1) fully disclose any health issues or medications that are relevant to participation in a strenuous exercise program; 2) cease exercise and report promptly any unusual feelings (e.g., chest discomfort, nausea, difficulty breathing, and apparent injury) during the exercise program; and 3) clear my participation with my physician; 4) Abide by the pricing, payment, cancellation, and tardiness policy.
ACCOUNT SECURITY: You are responsible for maintaining the confidentiality of the username and password that you use to register for, purchase, and/or use the FORGE Service. You agree to (a) immediately notify FORGE of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you log out from your account each time you exit your account and after the coaching session. FORGE will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
CLIENT ACKNOWLEDGMENTS: In agreeing to any FORGE program.
• I acknowledge that my participation is completely voluntary.
• I acknowledge and agree that coaching sessions may be recorded for quality or training purposes with or without notice.
• I understand the potential physical risks and believe that the potential benefits outweigh those risks.
• I give consent to certain physical touching (or shared online images and videos relevant to the topic) that may be necessary to ensure proper technique and body alignment.
• I understand that the achievement of health or fitness goals cannot be guaranteed.
• I have had a voice in planning and approving the activities selected for my exercise program.
• I have been able to ask questions regarding any concerns and have had those questions answered to my satisfaction.
• I assert that I possess sufficient skill and fitness to participate, have no disability that might prevent my participation, and have been advised to consult a physician prior to beginning this program.
• I have been advised to cease exercise at once if I experience unusual discomfort and feel the need to stop.
• I understand the Pricing and Payment Policy.
• I understand the cancellation policy.
• I understand and agree to the Coaching Session Booking Policy.
My enrollment, participation or affiliation with Forge Fitness and Nutrition, LLC further indicates that: 1) I have read and understand this document including Waiver of Liability, Informed Consent, Voluntary Consent, Health Club Contract Law Compliance and Client Responsibility; 2) I understand the risks and benefits of the FORGE Program; 3) I have been able to ask questions regarding any concerns I might have; 4) I have had those questions answered to my satisfaction; and 5) I am consenting and voluntarily participating in the FORGE Program with full understanding of the risks involved and accept the express waiver and release of liability contained herein. 6) I also agree and confirm that I have consulted with my physician and am cleared to engage in physical activity and accept all the risks associated with exercise.
BY ENROLLING ELECTRONICALLY OR OTHERWISE, I AUTHORIZE THAT I HAVE READ AND AGREE TO ALL CONDITIONS CONTAINED IN THIS AGREEMENT AND WILL FULLY ABIDE BY THE CONTENTS HEREIN.
How to Contact Us: If you have any questions, comments, or concerns about these Terms & Conditions, Privacy Policy or the information collection and usage practices of this Website, please contact us during Forge administrative business hours, Monday through Thursday, 9:30 AM – 1:30 PM Central. Email: [email protected].