Service Agreement

A waiver with the below service agreements must be signed before any services are provided by Train with Kim

1. General terms Client acknowledges that he/she agrees to the services provided by Train with Kim. Kim will design a tailored health program for the client that reflects the clients’ objectives, fitness level, and experience. The health program shall have various sessions that shall last depending on the contracted session.

2. Attachment Client has read and executed the full disclosure of physical conditions/informed consent and assumption of risk; and release of liability form, which is attached hereto and incorporated into this agreement.

3. Packages and payments Health packages include various exercise programs involving various activities.
A list can be found on the Packages & Pricing page. All payments are due at time of service or the first of the month.

If the client purchases one session at a time, payment is due in full. Clients may purchase monthly packages that are ongoing for a minimum of 3 months. After the three months, the client may continue with the same package and if at any time the client wishes to cancel, Train with Kim must be told one month prior to ending the agreement and the client will be charged for that month.

Any session not used within the month of purchase will expire and not be extended to the next month. The client shall not be entitled to a refund of the cost of any session not used for the designated month.

The client will be charged for a cancelled appointment unless the client notifies Train with Kim of such cancellation at least 24 hours prior to scheduled time.

Should the client purchase additional sessions both the client and Kim agree that this agreement shall remain in full force effect and continue to govern the rights and liabilities of the parties, except as the amount payable per such additional session, if different than the amount stated here, or unless the parties execute a new agreement.

4. Waiver and indemnity The client agrees to indemnify Kim for any injuries, illnesses, or expenses from client’s participation, especially if the client has neglected to disclose a known medical condition or similar information that might affect the client’s ability to participate in a fitness program.

5. Termination of agreement The parties shall have the right to terminate the agreement upon thirty days advance written notice of termination to the other party.

6. Effect of termination In the event the client terminates this agreement, Kim shall retain all payments made for all unused sessions or packages.

7. Entire agreement This agreement (including full disclosure of physical conditions/informed consent and assumption of the risks and release liability) constitutes the entire agreement of parties, and supersedes all previous understanding, agreements, arrangements, or discussions, written or oral, between the parties relating hereto. There are no collateral agreements, representations, or guarantees, oral or otherwise unless attached hereto and signed by both parties.

8. Warranties There are no warranties either express or implied in this agreement that are not expressly contained in this agreement.

9. Applicable law This agreement shall be governed by the laws of the state of New York.

10. This agreement is effective as the date first written above. Any client under the age of 18 must have a parent or legal guardian sign an agreement.

Cupping contraindications

A separate waiver must be signed for awareness of possible side effects from cupping, along with a note from primary care physician noting release for recovery sessions and or personal training.

1. Current sprains or strains for any soft tissue (cannot cup that specific area)

2. Blood vessel disease/disorders (history of thrombosis)

3. Skin disorders that consist of bruising

4. Currently on blood thinners (may cause bruising)

5. Currently suffering from heart or renal failure

Cupping side effects

1. Discoloration from cup marks (light pink to dark red)

2. Bruising may occur depending on how tight the area is where a cup is placed (rare)

3. Muscle soreness

4. Soreness from suction

5. Slight discomfort/stiffness in cupping area

6. May experience lightheadedness standing up after session