All clients and customers of Dave DePew Enterprises are bound by the following Terms and Conditions for our products and services.

THIS POLICY IS EFFECTIVE JANUARY 1, 2007.

Covered under this policy are any and all clients and customers of Dave DePew Enterprises, hereinafter referred to as "customers", "clients", or "the client", and Dave DePew Enterprises and all its subsidiaries, as well as its officers, employees, trainers, affiliates, and executors in addition to the City of San Diego, and all other private and public locations for Dave DePew Enterprises and the county of San Diego. The business of Dave DePew Enterprises is to provide fitness instruction and coaching for various levels of athletes/individuals, as well as the marketing of fitness related goods and products.

TERMS AND CONDITIONS:

1. The client acknowledges that trainers and boot camp instructors ARE NOT physicians and are not trained in any way to provide medical diagnosis, medical treatment, or any other type of medical advice.

2. The client acknowledges that coaching/training is another tool for teaching athletes/individuals about themselves, but that Dave DePew Enterprises does not guarantee neither good nor bad will occur nor guarantees the training advice given by Dave DePew Enterprises will produce good nor bad results. All "satisfaction" or "money back" guarantees are limited only to those funds paid by the client in compensation for training or other fitness services or products, and the client specifically relinquishes claim to further remedy beyond a prompt refund of actual monies paid by client.

3. Clients acknowledge that if they feel tired, feel pain or feel out of the ordinary in any way either related to your training, or otherwise, that they  should contact a physician at once.

4. Videography and photography may be taken at various training or boot camp locations which may appear on TV, web video, print or any other digital format. When possible, clients and participants will be told in advance of the days in which any photography or videography will be done. "Before & after" photos will not be used for any promotional purposes unless written authorization is granted.

5. Acknowledges that boot camps, aerobic classes, martial arts, kick boxing, running, kung-fu, weight training, obstacle courses, and any other related sports are an extreme test of ones mental and physical limits and carry with it potential for damage or loss of property, serious injury and death. That the undersigned assumes the risks of participating in these types of events/activities including the inherent dangers of the natural elements, that they are fit, and they have a regular medical physician they can contact regarding any medical problems that they might develop.

All clients and customers of Dave DePew Enterprises expressly waive, release, discharge and agree not to sue from any liability of death, disability, personal injury, or action of any kind, Dave DePew Enterprises, its officers, employees, trainers, affiliates and executors, as well as the County of San Diego for the clients' participating in said sporting events and/or training for said sporting events.

6. All clients acknowledge that Dave DePew Enterprises is not responsible or liable for boot camp or personal training instruction time that is not used due to any action or inaction on the behalf of the attendee, nor for any disruption of the boot camp arising from events beyond the control of Boot Camp Management, including emergencies and/or acts of God, including natural disasters, civil disorder, war, or insurrection. All clients acknowledge and warrant that any refunds for Boot Camp or training attendance or inattendance will be at the sole discretion of the management of Dave DePew Enterprises.

By virtue of using the products and services supplied by Dave DePew Enterprises, ALL CLIENTS AND CUSTOMERS agree and warrant that this is the full agreement between the parties, and that Dave DePew Enterprises nor anyone else have verbally contradicted any of the terms of this release and that the client or customer has entered into this agreement freely and voluntarily without force or coercion.

BY USING THE PRODUCTS OR SERVICES OF DAVE DePEW ENTERPRISES, ALL CLIENTS AND CUSTOMERS AGREE TO ALL OF THE ABOVE TERMS, CONDITIONS, POLICIES, AND PROCEDURES OF DAVE DePEW ENTERPRISES AND ALL ITS SUBSIDIARIES. YOU FURTHER WARRANT THAT YOU FULLY UNDERSTAND ALL OF THESE TERMS AND CONDITIONS, AND THAT YOU HAVE COMPLETED ANY APPLICABLE REGISTRATION FORM, INCLUDING ANY MEDICAL DISCLOSURES PORTION OF THOSE FORMS, TO THE FULLEST POSSIBLE EXTENT.

Last revised: November 16, 2009