Terms & Conditions

DISCLAIMER:

You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.

This app and all communications offer health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.

Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.

Any and all diet plans created are designed to be examples of example diets and are NOT meant to be followed or used in any way, shape, or form. All diet plans are simply for educational purposes - I am NOT a nutritionist nor am I licensed in any way to provide nutritional information. Please see a licensed nutritionist or registered dietitian if you are considering following a diet plan. All recommended supplements are considered suggestions for you to research and consider on your own accord - I do not recommend the use or consumption of any dietary supplement. 

Please consult with your physician before taking any supplements. All workout and training plans are designed to be examples and are not intended to be followed or used in any way, shape, or form. Please consult with your physician or licensed professional for training, workout, cardiovascular, or other forms of training or plans of any sort. I am not a licensed professional by any means in any fitness or training or nutritional field - all information that is relayed to you as a client is to be considered purely hypothetical and seen as solely educational material.

If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.

I DO NOT ENDORSE THE USE OF DRUGS, STEROIDS, ANABOLICS, OR OTHER PERFORMANCE ENHANCING ILLEGAL DRUGS.

REFUND / CANCELLATION POLICY:

This section ONLY applies to month to month payment programs that are NOT contracted and NOT "PIFs" (Paid in Full) - please see your contract regarding cancellation and refund policies. If you are on a month to month payment program and there IS a contract, that contract will supercede the policy's set forth in these terms and conditions.

Initial Payment Policy Refund Policy (First Payment) - Refunds are ONLY processed within 72 hours of your INITIAL signup purchase - this means if you sign up and pay for online training with me, you will have 72 hours after the initial payment is made to request a refund.

Recurring Subscription Coaching Fees Cancellation Policy (Second Payment and On) - You have the ability to cancel at any time before the recurring payment is processed using the initial email from PayPal that was sent to you upon signing up and paying for coaching BEFORE your payment processes. . If you do not have access to this cancellation link/email, you MUST contact Derek at Derek@NobleBodybuilding.com by EMAIL ONLY to request for your recurring subscription payment to be cancelled- you MUST email me (Derek) at LEAST 48 hours before the payment is set to be processed in order to request a refund. You MUST include the email address, your first and last name, and the reason for cancellation in order for me to cancel your subscription payments. Should you be charged after requesting a cancellation before the 48 hour period, please inform me of this with proof of a cancellation request email and I will process your refund and cancel your subscription within 5 business days of receiving your email.

Recurring Subscription Coaching Fees Refund Policy (Second Payment and On) - If your payment processes and you still wish to cancel and request a refund, you MUST contact Derek at Derek@NobleBodybuilding.com by EMAIL within 48 hours of your payment being processed - you will then have the option of either a 50% refund of fees charged OR you can "bank" your allotted training period to restart training at any date within the next 90 days. If you do not restart your training within the 90 days, your "banked" training period will be considered expired. There are no refunds for expired training periods.

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT DECLARATIONS:

This Agreement is entered into between personal trainer Derek Noble / Noble Bodybuilding (“Trainer”) and the (“Client”). The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.

INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.

ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Arizona and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer does not place such items into the stream of commerce.

This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.