CPT Academy Release Waiver 

REGISTRATION: 

The CPT Academy’s NASM Tutoring Program, hereby known as “Program”, provides exclusive access to: 

• Selected lectures and videos (*recorded, available 24/7) 
• Supplemental materials, including: PowerPoints, Notes, Practice Questions, Independent Quizzes, and additional study materials 
• Periodic live Q&A sessions (*upcoming dates posted online) 
• Access to a secure, closed-group forum for sharing program resources, feedback, and group interaction (optional) 

Additional terms: 

• Participants will retain access to all materials for six months following registration. 

INFORMED CONSENT FOR PARTICIPATION IN AN EXERCISE PROGRAM: 

I desire to engage voluntarily in an educational tutoring program given by Ashley Davidock through CPT Academy, hereby known as “Provider”. This program may at times include basic exercises. I understand that I am responsible for my health care decisions and will not make any changes to my current health care plan without the consent of my healthcare provider. 

In agreeing to these Terms and Conditions, I affirm that I have read, accept, and understand this form in its entirety and that I understand that this course is strictly educational and is not intended to diagnose or treat disease. I take full responsibility for my own health and safety in participating in any fitness portion of the course and to the extent I deem advisable, will consult a physician before participating in any of the activities. I agree to pay all reasonable costs related to the classes, including any medical costs I incur. 

I have received clearance from my medical professional to participate in moderate exercise. 

I understand that virtual sessions are recorded for use by Provider’s patrons and that I can maintain anonymity through my chosen usernames/screen name. If I ask questions by chat or audio, I understand that it will be part of the recording. If I choose to turn on my webcam, I understand that it too will be recorded. All participation will be visible to other students, both live and recorded, and I give my full consent for its use in perpetuity for educational and marketing purposes. Any personal information that I share or disclose is optional and at my own consent, including contact information. 

I understand that access to this program, both live and recorded, is only intended for me. I will not share any course material, including recordings, with any person. All course videos are intended to have access restricted only to those individuals registered in the Provider’s program. 

MONEY-BACK GUARANTEE TERMS AND CONDITIONS:

In order to be eligible to receive 100% of the money spent on the Complete Tutoring Course, participant must:

• Have completed all modules of the programs (prior to taking the exam)
• Have scored 80% or better on every quiz (prior to taking the exam)
• Have scored 70% or better on the practice final (prior to taking the exam)
• Have taken the NASM CPT exam within six months of their registration date and failed

PARTICIPANT AGREEMENT, RELEASE AND ACKNOWLEDGMENT OF RISK:

In consideration of the services of Provider and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge Provider, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that my participation in this program entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: muscular strains and tears, fractured bones, bruises, cuts, organ damage, nerve damage, head injuries; and psychological damage; my own physical condition; and the physical exertion associated with this activity.

Furthermore, Ashley Davidock and affiliated staff and vendors have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's application of the fitness information or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

2. I expressly agree and promise to accept and assume all of the risks existing in utilizing this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the potential application of risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Provider from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity, including any such claims which allege negligent acts or omissions of Provider or affiliated staff and vendors.
4. Should Provider, vendors, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against Provider, I agree to do so solely in the state of New York, and I further agree that the substantive law of New York shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By agreeing to the terms and conditions of this document, I acknowledge that if anyone is hurt or property is damaged during my participation in the program, I may be found by a court of law to have waived my right to maintain a lawsuit against Provider on the basis of any claim from which I have released them herein.

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

I acknowledge having read and agreed to these terms:

In consideration for being allowed to participate in this activity, which I do freely and voluntarily for my own personal benefit, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns to:

1. Waive, release and discharge from any and all liability to Ashley Davidock (Provider), for my personal injury, disability, death, property damage, or property theft, or actions of any kind which may hereafter accrue to me.
2. Indemnify and hold harmless Ashley Davidock (Provider) from any and all liabilities or claims made by other individuals or entities as a result of or relating to my participation in this activity.
3. I understand the fee paid to Ashley Davidock (Provider) is non-refundable. Participating in this course does not guarantee a passing grade. I am free to study for the NASM CPT exam with any materials that I choose, and I understand that the intent of Ashley Davidock (Provider) is not to limit or restrict my study methods. In the event that I do not pass the NASM CPT exam, I acknowledge that I can continue to study from the course materials for six months from the date of registration at no additional cost.

CONFIDENTIALITY AND NON-COMPETE AGREEMENTS:

Participation requires your agreement to specific terms of intellectual property ownership. All participants are required to agree to, and abide by, the terms of this Policy. These terms are listed below and apply in perpetuity, unless otherwise explicitly stated.

• I acknowledge and agree that all information shared with me through the Program is owned solely by the Provider. This includes information that I may have contributed. I release any claim to ownership, now or in the future, of any information shared by myself during my participation in the Program.
• I agree that all information shared by myself and others in the program shall remain confidential. This includes private group forums, such as a Facebook group.
• I agree that I will not share any proprietary information to which I received access during the program, for personal, professional, or business purposes.
• I agree that I assume sole legal responsibility for any training techniques that I implement.
• I agree that at no time during the term of my program with the Provider will I engage in any business activity which is competitive with the Provider nor work for any company which competes with the Provider.

For a period of three (3) years immediately following the completion of the Program (marked as 6 months post- purchase date), I will not, for myself or on behalf of any other person or business enterprise, engage in any business activity which competes with the Provider. This agreement shall be in effect without any geographic restrictions.

Therefore, intending to be bound and as a condition of being allowed to participate in the tutoring program, I, being of sound mind and at least 18 years of age, have freely agreed to these Terms and Conditions.