A. Accessing The Service
The Service is made available to you only for your private use, or if you are signing up on behalf of your company, for the use of your company. You must be a registered user on the Acuity Scheduling platform to access the Service. Please keep your Acuity password secure. If you lose your password for your account, you will not be able to access your data and will need to contact Acuity directly to recover. You and your company are solely responsible for any activity that occurs under your user name, including, without limitation, all SPAM and other legal compliance.
If you use our App, we also collect the following information:
Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
Push Notifications. We may request to send you push notifications regarding your account or certain features of the App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.
Facebook Permissions. We by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.
The information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.
B. Communications
When you visit Genesistraining.online or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, through your Genesis Training workspaces, or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
C. Phone (Voice & Text Message)
You consent to receive text message(s) when filling webforms, reaching out to support, placing an order, scheduling a call, etc. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
D. Data
In using the Service, you acknowledge that we and/or our third party partners are authorized to copy and store such data for backup purposes and to access same to extent necessary for support purposes. You agree to comply with all data privacy and other laws with regard to the data we store for you. You shall defend and indemnify us for any claim, costs or damages that may arise from your breach of your obligations set forth in this Agreement. In the event we are served with legal process to turn over your data, unless prohibited by law, we shall endeavor to provide you advance notice before turning over said data.
We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).
Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
E. Cookies
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.
F. Information Collected
The Software that runs the Service (the “Genesis Training SaaS”), may collect certain non-personally identifiable information on your computer, including, but not limited to performance metrics, and configuration settings. This information collected will be sent to Genesis Training and may be used by Genesis Training to improve our Service.
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
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We may process or share your data that we hold based on the following legal basis:
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Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
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Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
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Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
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Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
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Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
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More specifically, we may need to process your data or share your personal information in the following situations:
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Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
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Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
G. Privacy Rights?
In Short: You may review, change, or terminate your account at any time.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
If you have questions or comments about your privacy rights, you may email us at info@genesistrainingllc.com.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
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Contact us using the contact information provided.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:
- Access your account settings and update your preferences. -
Contact us using the contact information provided.
H. Credit Card Charges and Credit Card Fraud Penalties
User warrants that he or she is over 18 years of age and is of legal age to enter into contractual agreements in the state in which User is present when User makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. User’s violation of any of these requirements may result in civil or criminal prosecution. Any fraudulent usage of User’s own credit card, against Genesis Training, authorizes Genesis Training’s contact with User’s credit card companies in order to ascertain information related to such fraud. User agrees that if he or she uses fraudulent means to receive more than one refund or if causes a fraudulent dispute claim that results in a chargeback against the Genesis Training’s account, that the Genesis Training is authorized to re-charge the User’s credit card that was used for the original purchase to the extent that will make the Genesis Training whole. User may also be liable for additional damages.
I. Modification of Service/Agreement
There are times when Genesis Training may modify, suspend or discontinue providing the Service. Unless prohibited by judicial or other similar order, Genesis Training will notify you of any modification, suspension, or discontinuance of the Service, either by sending an email to the email address you provide with your registration, notifying you in your email, or by a posting on the Genesistraining.online website. Genesis Training may modify this Agreement and the amendments will be effective upon acceptance of registration for new users and will be effective for you 30 days after we post any amended terms on the Genesistraining.online website. If you do not agree to the changes, you will have to terminate your account at that time.
J. Rights to Software and Service
The Genesis Training SaaS is owned exclusively by Genesis Training or is licensed to Genesis Training by our third party partners. You may not sell or distribute the Genesis Training SaaS or Service to anyone else. Your registration for the Service grants you a non-exclusive, non-transferable, non-sublicensable license to install and execute one (1) copy of the Genesis Training’s software (in executable code form only), only on a single computer and only for the purpose of accessing and using the Service. Except for the limited license granted in this Agreement, all rights in and to the software and Service are expressly reserved, and no implied licenses are granted by Genesis Training.
The software offered as part of the Service and its structure, organization, source code, and documentation contains valuable trade secrets of Genesis Training and its licensors, and, accordingly, you agree not to (and agree not to allow third parties to): (1) sublicense, lease, rent, loan, transfer or distribute the software and/or Service, or any derivative thereof, to any third party; (2) modify, adapt, translate, or prepare derivative works from the software or Service; (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the software or Service; (4) extract portions of the software’s files for use in other applications; or (5) remove, obscure or alter Genesis Training’s, or any third party’s, trademarks, copyright or other proprietary rights notices affixed to, contained within or accessed in conjunction with, or through, the software or Service.
K. Termination of Agreement
You may terminate your Service at any time by extracting your data and contacting Genesis Training support at info@genesistrainingllc.com
Your rights to use the Service shall automatically terminate upon your breach of the terms and conditions of this Agreement. Genesis Training may refuse, or discontinue participation of, any user at any time at its sole discretion.
When the Service is terminated, you will no longer have access to your data; however, if the termination of service is for any reason other than due to your breach, we shall endeavor to make your data available for you to download for a period of thirty (30) days before removing your workspace from the system. Thereafter, Genesis Training has no obligation to provide you with a copy of your data and may remove and discard any data.
L. Participation Terms
We are committed to providing all Program participants with a positive experience. Thus, Genesis Training may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based, or digital without refund or forgiveness of remaining payments due if you:
A. Become disruptive or difficult to work with
B. Fail to follow the Program guidelines
C. Impair the participation of our employees, contractors, clients, instructors or participants in any of our programs
Genesis Training will attempt to provide the best service in terms of exercise programming, nutritional guidance, and accountability. However, the Client ultimately assumes responsibility for complete participation in the assigned Program. Genesis Training will not be held liable for any unwanted results caused by the Clients unwillingness to follow, or adhere to, the Program instructions and communicate with their 1on1 coach.
M. Program Content
Training programs include various exercise programs involving various activities. Activities shall mean the following: testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery, and cardiovascular machines; stretching; weight lifting; and any other training activities, techniques, and/or exercises. Training programs may also include nutritional guidance, habit development, and other services provided by Genesis Training that is agreed upon by both parties.
A. Upon joining the program, you will be granted access to the following:
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Access to Genesis Training Trainerize Platform and App
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In-person or virtual training session with your transformation specialist
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Personalized Exercise, Nutrition, and Accountability (Habit Development) Programming
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1:1 access to a client transformation coach through Trainerize messaging
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Access to the Client Facebook group
B. Program content is for individual use only, and may not be sold, tape-recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Genesis Training, or its designated agent
C. The information contained in Program material is strictly for the Client to which it was assigned to.
D. Success with this Program is largely driven by your willingness to take actions as recommended by Genesis Training, as it relates to the content of the Program
E. If you wish to apply (or not apply) ideas, concepts, teachings, etc. contained in this material, you are taking full responsibility for your actions and furthermore you agree that your success with the Program is dependent on your willingness to follow the steps outlined by Genesis Training and its coaching staff.
F. Upon the completion of the assigned Program or extension granted by Genesis TRaining, your access to all course resources, including but not limited to the Facebook Group, program content, Genesis Training Trainerize platform, Google documents/sheets, among others, may be revoked at the sole discretion of Genesis Training or a representative.
N. Late Cancellation and No Show Policy
You agree that you may reschedule or cancel any training sessions if requested at least 48 hours in advance without penalty. These early cancellations can be made on the Acuity app or contact your trainer directly. Any cancellations or no-shows within 48 hours of your scheduled training session will result in a late cancellation, which will result in your session being charged.
Any cancellations by the training coach for any reason will not result in any penalties on behalf of the client.
O. Terms of Service
You agree that your participation is subject to Genesis Training’s Privacy Policy and Terms of Service and that you agree to adhere to all terms as outlined on this website (https://Genesistraining.online). While we do not anticipate making frequent edits, Genesis Training reserves the right to make modifications to either of these policies at its sole discretion and without notifying Program participants.
P. Terms of Sale
All Sales are Final- No refunds are granted once a packages has been started.
A. You hereby authorize Genesis Training to collect a deposit prior to the start of the program.
B. You hereby consent to have these charges automatically charged to your credit or debit card as outlined if it is a recurring payment
C. Payments due must be made in full on the due date unless stated otherwise
D. If payment failed on the date(s) listed above, an additional fee of $10 per day will be added to the amount due. The client must remedy this situation and provide a valid form of payment within five (5) calendar days or Client may be removed from the Program
E. Payments may be made via credit or debit card, Venmo, Zelle, Stripe, wire transfer, or through PayPal. A 3% processing fee will be added to any credit card payments.
F. Once the account has been debited, no refunds of any payments made would be issued for any reason. Sessions can be transferred to another client.
Genesis Training is authorized to collect the payment due (in full) by collecting on any/all credit cards that are provided to Genesis Training by the client. You hereby agree that all Program sales are final, non-refundable, and non-transferrable
G. You agree that you have fully consented to any payment to Genesis Training and that any/all payments are valid and that you have consented to the purchase of the Program/Sessions as outlined in this section.
H. You agree to waive any/all rights to charge-back, dispute, or make claims (“disputes”) against any payment made to Genesis Training as being fraudulent, purchased in error, services not delivered to you, product not received, or any other dispute which claims that any payment is unlawful
I. You agree to not initiate any disputes or claims through your credit card company, bank, lending institution, or any other payment provider since you have fully consented to all charges outlined in Section 1 and thus you agree that you may not dispute any payments made to Genesis Training for the Program/Trainings.
Q. FULL DISCLOSURE OF PHYSICAL CONDITIONS / INFORMED CONSENT / ASSUMPTION OF RISK / RELEASE OF LIABILITY
A. This Full Disclosure of Physical Conditions/Informed Consent and Assumption of Risk, and Release of Liability is executed on Date of electronic signature, and is a material part of, and is incorporated by reference into the Personal Training Agreement executed by the Client.
1. The Client certifies that he/she has given full disclosure of ALL physical and mental conditions, impairments, diseases, infirmities, or illnesses that might affect or prevent the clients participation in the activities under this Agreement. The client certified that he/she is of sound health both physically and mentally to participate in training programmed described under this Agreement.
2. The Client expressly assumes all responsibility for his/her participation in the Activities under this Agreement.
B. Informed consent and Assumption of Risk
1. The Client enters into this Agreement with full knowledge of all the risks and benefits associated with the Activities under this Agreement. You certify that you are of a legal age to enter into an Agreement and is not mentally incapacitated. You certify that he enters into this Agreement without duress, undue influence, and for valuable consideration.
2. The Client certifies he or she understands the risks associated with participation in the Activities under this Agreement including, but not limited to physical injury resulting from the acts, omissions, and/or negligence of others. You know and fully understand the importance and relevance of all the risks, and expressly and voluntarily assumes any and all risks associated with the Clients participation in the Activities under this Agreement described in section 3. Further, you expressly and voluntarily assume any and all risk associated with the participation in the Activities under this Agreement, including but not limited to the risks of dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm), and/or any other physical injury, due to any cause whatsoever.
3. In consideration of the privilege of participating in the Activities under this Agreement, and the services provided by Genesis Training and its Coaches, the Client for him/her-self, his/her heirs, assigns, administrators, executors, and/or all members of his/her family, including minors, waives, releases, holds harmless and forever discharges Genesis Training and its coaches, from any and all responsibility, liability, claims and demands of any kind and nature, damages, actions, causes of action of any kind, whether now known or unknown, or which the Client may have now, or which may hereafter accrue to the Client (collectively, the Claims)