The site http://ampprotraining.com (the “Site” or “Website”) is owned and operated by AMPBA, LLC, a Florida limited liability company d/b/a AMP Pro Training (“AMP Pro Training”, “we”, “our”, or “us”).
You (the “Client” or “You” or “Instructor”) hereby agree(s) and acknowledge(s) that you are engaging in extreme and strenuous physical exercise, services, and the use of training equipment, facilities, training and instruction, which could cause serious injuries, even death, to you. The extreme and strenuous physical exercises and services include, but are not limited to falls, slips, sprains, broken bones, concussion and all related symptoms, contact with other players, paralysis, sudden death, potholes, standing water and other conditions of the field, along with, humidity, heat, cold, and other weather conditions inherent to training and conditioning.
IN CONSIDERATION of the right granted to you (“You”) to attend AMPBA, LLC’s “Services” and to participate in the “Services” and use any and all equipment associated with the “Services”, you agree covenant, and promise as follows:
AMP PRO TRAINING SERVICES
AMP Pro Training’s Services include, but are not limited to, AMP Coaches Clinics and AMP Skills Clinics (“Clinics”), AMP Dream Camps (“Camps”),Youth League Team Practices and other Sporting Organization Practices (“Team Practices”), Virtual Coach Database, and our online Services of offering a communication platform between sporting instructors (“Instructors”) and individuals seeking private instruction/group instruction (“Lessons”). AMP Pro Training does not take part in the individuals seeking private instruction and the Instructors interaction. Our online platform acts as a collecting agent and scheduler, where we collect payments on behalf of the Instructor. AMP Pro Training is not responsible for the lack of timeliness, quality, or reliability of the lessons services provided by the Instructors or individuals looking for instruction. AMP Pro Training is not liable for any advice, prognosis, or diagnosis given to the individual looking for instruction and the instructor.
IT IS AN EXPRESS VIOLATION OF AMP PRO TRAINING’S TERMS OF SERVICE IF THE INSTRUCTORS AND INDIVIDUALS AND OR TEAMS SEEKING INSTRUCTION, WHO WERE INITIALLY CONNECTED THOUGH OUR SERVICE, TO ARRANGE SERVICES WITHOUT THE USE OF AMP PRO TRAINING’S SERVICES. THIS BREACH OF CONTRACT WILL RESULT IN THE IMMEDIATE TERMINATION OF THE INSTRUCTOR, WHEREAS ALL OF THE INSTRUCTORS CLIENT BASE MADE THROUGH AMP PRO TRAINING’S SERVICES WILL BE IMMEDIATELY WITHDRAWN FROM THE INSTRUCTOR AND GIVEN TO THIS INSTRUCTORS REPLACEMENT. IF THIS BREACH OF CONTRACT OCCURS, ALL OF THE INSTRUCTORS CLIENT BASE WILL BE CONTACTED AND MADE KNOWN OF THE BREACH OF CONTRACT. THIS VIOLATION WILL TERMINATE THE INSTRUCTOR’S ONLINE ACCOUNT AS WELL AS ANY OTHER AMP PRO TRAINING SERVICES THAT WERE TO BE RENDERED IN THE FUTURE, INCLUDING AND NOT LIMITED TO CAMPS, CLINICS, LESSONS, AND TEAM PRACTICES WITHOUT COMPENSATION. IF AN INDIVIDUAL LOOKING FOR INSTRUCTION HAS PAID FOR SUCH A SERVICE THAT HASN’T BEEN RENDERED DUE TO THE TERMINATION OF THE INSTRUCTOR, THE INDIVIDUALS LOOKING FOR INSTRUCTION WILL HAVE THE OPTION TO (1) HAVE A DIFFERENT INSTRUCTOR COMPLETE THE SERVICE OR (2) RECEIVE A FULL REFUND OF PAID FOR SERVICE.
PAYMENT and CANCELLATION POLICY
INDIVIDUAL OR TEAM LESSONS OR GROUP LESSONS: Payment and Cancelation Policy.
Individuals looking to book private instructors must pay for said Services through AMP Pro Training’s online platform, unless notified otherwise. Upon submission of payment, the individuals seeking instructors have the right to cancel their service for a full refund IF they let us know via email of their cancellation request 48 hours prior to scheduled service. If cancellation is requested and there is less than 48 hours until the service is rendered, the instructor has the option to charge you a “Scheduling Fee” as it will be difficult to fill the time frame due to the late cancellation. The Scheduling Fee is at the sole discretion of the Instructor and AMP Pro Training is not liable for refunding the scheduling fee unless otherwise stated by the Instructor.
Leagues must put a down payment for our Service of 50% of total season cost. Due to the fact that cost is based on number of participants, we base the 50% on previous similar season. Once final tally of participants is calculated for the current season, the league has a contractual obligation to pay the remainder of the balance. League contracts are final and must be upheld through contractual completion date.
OTHER YOUTH ORGANIZATIONS and or TEAMS
Other youth organizations and or teams must pay for said Services upfront through AMP Pro Trainings Services, unless notified otherwise. All payments are final unless otherwise stated in a legally signed contractual agreement.
All Individuals who have registered and submitted their Camps payment online must notify AMP Pro Training of any cancellation 2 weeks prior to our Service date. If cancellation occurs after this 2 week grace period, no refund will be available as we have to make proper arrangements for instructors during this time- unless otherwise stated or communicated with AMP Pro Training and its representatives. All cancellation requests must be submitted via email to: AM@ampprotraining.com
All Individuals who have registered and submitted their Clinics payment online must notify AMP Pro Training of any cancellation 4 days prior to our Service date (96 hours0. If cancellation occurs after this 96 hour grace period, no refund will be available as we have to make proper arrangements for instructors during this time -unless otherwise stated or communicated with AMP Pro Training and its representatives. All cancellation requests must be submitted via email to: firstname.lastname@example.org
SUBSCRIPTIONS (The Dugout)
Once payment is submitted for subscription based Services, there is ABSOLUTELY NO REFUND. All sales are final with subscription based Services.
MEMBERSHIPS (The Dugout)
Once payment is submitted for membership based Services, there is ABSOLUTELY NO REFUND. All sales are final with membership based Services. Upon submission of payment for a Season Membership plan, the user will have access to the paid for content for a period of 5 months.
Ex. A Home Run Membership (SEASON) paid on 3/3/16 will expire 8/3/16, and need to be renewed in order to maintain access to The Dugout.
Upon submission of payment for a Year Membership plan, the user will have access to the paid for content for a period of 1 year.
Ex. A Home Run Membership (YEAR) paid on 3/3/16 will expire 3/3/17. and need to be renewed in order to maintain access to The Dugout.
INDIVIDUAL OR TEAM LESSONS OR GROUP LESSONS
A TRAINING WAIVER must be completed to the full, signed, and submitted before any training can begin. The completed and signed TRAINING WAIVER is applicable for the current year signed. On January 1 of the subsequent year, a new waiver must be completed and turned in before lessons can begin. If the waiver and its contents changes during the year, a new waiver must be completed and signed before lessons can resume.
Once a waiver form is completed, it is saved in our system. Every time you the client buys any of AMP Pro Training’s training services, and clicks I AGREE WITH AMP PRO TRAINING’S TERMS OF SERVICE, then submits the form and or payment, they are agreeing with everything herein this document. The client accepting the terms of service is also accepting the waiver form again that they have previously signed. If the waiver and its contents changes during the year, a new waiver must be completed and signed before lessons can resume.
All individuals who register and participate in AMP Pro Trainings CAMPS must FULLY complete the camp waiver and have it signed by a Parent or Guardian of the participant. Each waiver is applicable for the camp registered for at the current time. If a new camp is registered subsequent to the previous camp, a new waiver must be FULLY completed and signed before participation in the camp. If multiple camps are registered at one time, and with one payment, a single FULLY completed waiver with signature is deemed applicable for the multiple camps.
All individuals who register and participate in AMP Pro Trainings CLINICS must FULLY complete the camp waiver and have it signed by a Parent or Guardian of the participant. Each waiver is applicable for the clinic registered for at the current time. If a new clinic is registered subsequent to the previous clinic, a new waiver must be FULLY completed and signed before participation in the clinic. If multiple clinics are registered at one time, and with one payment, a single FULLY completed waiver with signature is deemed applicable for the multiple clinics.
Certain instructors offer our AMP Pro Training Referral Plan. The AMP Pro Training Referral Plan will appear on the INSTRUCTORS BIO PAGE IF THE INSTRUCTOR OFFERS IT. If a client (“Current Client”) refers another person (“The Referred Client”), and the referred client begins AMP Pro Training’s Individual Lessons Services, the current client will receive a free 30 minute INDIVIDUAL LESSON once the referred client has accomplished -120 MINUTES- of INDIVIDUAL LESSONS. In order for the current client to get the opportunity to receive a free 30 minute lesson from a referral, the referred client must input who referred them AT THE INITIAL SIGN UP AND ACCOUNT CREATION WITH AMP PRO TRAINING. This initial sign up is the first service booking of an instructor. A REFERRAL CANNOT BE ADDED AFTER THE INITIAL SIGN UP. If the referral is submitted post sign up it is not valid and will not count towards a free 30 minute lesson.
Once a referred client has reached their 90 minutes of paid service, the current client who referred them is now eligible to receive the free 30 minute lessons. This lesson must be booked by communicating it with and only with the instructor whom the current client referred the referral client to. You cannot choose an AMP Pro Training instructor of your choice. You will receive a free 30 minute lesson from the instructor whom you referred the referred client to. THIS FREE 30 MINUTE LESSON CAN ONLY BE BOOKED BY DIRECTLY COMMUNICATING IT WITH THE INSTRUCTOR, THIS CANNOT BE BOOKED ON OUR ONLINE SYSTEM. The instructor will put the free 30 minute lesson into the calendar on an agreed upon day. If the 30 minute free lesson schedule is missed by the current client, it is deemed rendered and completed and will not be refunded or rescheduled.
REFERRAL FREE 30 MINUTE LESSONS
If one has multiple 30 minute free lessons coupons, the referred to instructor can allow the lessons to be combined. For instance, if one has 2 free 30 minute lessons, the referred to instructor can allow them to have a free hour individual lesson. This is at the SOLE DISCRETION OF THE REFERRED TO INSTRUCTOR. If an instructor does not allow this then the free 30 minute lessons must be separated. You must communicate this with your instructor.
This site contains certain trademarks, trade names, service marks,copyrights, and logos (“IP”) owned by AMP Pro Training and their respective affiliates. AMP Pro Training does not grant the use of the IP displayed on this site to any users other than the owners of the IP, unless there is DOCUMENTED WRITTEN PERMISSION of the respected IP owners and the agreed upon users.
ASSUMPTION OF RISK
You hereby knowingly assume all risks of injury to your person, including death, and property that may be sustained in connection with your entrance in/onto the online or offline Service, participation in any and all Service activities, and use of any and all equipment. This assumption of risk on your part includes, but is not limited to, bodily injury and death, resulting from the negligence of the Service and/or its employees, servants, agents, clients or contractors. You acknowledge that unanticipated and unexpected dangers may arise during your presence at the Service, participation in the any and all Service activities and use of the any and all equipment, including, but not limited to, slipping, falling, bacterial infections including MRSA, Rhabdomyolysis, and any and all injuries, including death. In addition, you hereby intentionally relinquish your substantial legal right to a jury trial and acknowledge that you knowingly assume all risks pursuant to this paragraph.
RELEASE OF CLAIMS
You, for yourself and your heirs, administrators, and representatives hereby fully release, acquit, and forever discharge the Service its officers, directors, shareholders, agents, employees, representatives, affiliates, parents, successors and assigns of and from any and all known or unknown obligations (including, without limitation, the obligation to warn of known dangers), actions, causes of action, claims, demands, judgments, liabilities, losses, costs, damages and expenses of whatever kind or character (“Losses”) for any injury or injuries of whatever nature sustained to your person or property, by reason of or in any way connected either directly or indirectly to your participation in any and all of the Service activities and use of any and all equipment, and entrance into the Service caused, in whole or in part, by any negligent act or omission of you, the Service or any of your or its respective officers, directors, agents, employees or representatives. The scope of this Release includes, but is not limited to, all claims for negligence against the Service and/or its employees, servants, agents, or contractors, including claims for negligence resulting in bodily injury or death.
You, for yourself and your heirs, administrators, and representatives hereby agree to indemnify, defend, and hold the Service, its officers, directors, shareholders, agents, employees, representatives, affiliates, successors and assigns harmless from and against any known or unknown Losses based upon or in any way growing out of or connected directly or indirectly with your participation in any and all of the online and offline Service activities, use of any and all equipment, and entrance into the Service caused, in whole or in part, by any negligent act or omission of you, the Service or any of your or its respective officers, directors, agents, employees or representatives. The scope of this indemnification provision includes, but is not limited to, Losses resulting from the negligence of the Service and/or its employees, servants, agents or contractors.
COVENANT NOT TO SUE
You, for yourself and your heirs, administrators and representatives hereby covenant not to sue or bring any action (whether at law or in equity) against the Service its officers, directors, shareholders, agents, employees, representatives, affiliates, successors or assigns for injuries sustained to your person, including, but not limited to, death, and property damage due to or in any way growing out of or connected directly or indirectly with your participation in any and all of the Service activities use of any and all equipment, and entrance into the online or offline Service. This Covenant Not to Sue includes, but is not limited to, claims arising from the negligence of the online or offline Service and/or its employees, servants, agents or contractors as the Service explicitly intends to absolve itself from its own negligence. If you violate this paragraph, you agree to pay all of the Service reasonable attorneys’ fees and costs incurred as a result of your violation.
GOVERNING LAW AND EXTENT OF AGREEMENT
You, for yourself and your heirs, administrators and representatives hereby expressly agree that the forgoing Request, Release, Waiver, Assumption of Risk, Covenant Not To Sue, and Indemnity Agreement is governed by the law of the State of Florida and is intended to be as broad and inclusive as is permitted by Florida law. In the event that any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
You hereby knowingly consent to have your likeness, image, picture, or videos of yourself used in any advertising or promotion by the online or offline Service, its officers, directors, shareholders, agents, employees, representatives, affiliates, successors or assigns without further compensation.
READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. THE UNDERSIGNED HEREBY CERTIFIES THAT THE UNDERSIGNED HAS CAREFULLY READ AND UNDERSTANDS THE FOREGOING LIABILITY RELEASE AND WAIVER, ASSUMPTION OF RISK, COVENENT NOT TO SUE, AND INDEMNITY AGREEMENT; THAT THE UNDERSIGNED HAS HAD AN OPPORTUNITY TO ASK CORE CROSSFIT QUESTIONS CONCERNING THE FOREGOING LIABILITY RELEASE AND WAIVER, ASSUMPTION OF RISK, COVENENT NOT TO SUE, AND INDEMNITY AGREEMENT, AND TO NEGOTIATE ADDITIONAL OR DIFFERENT TERMS; THAT AFTER NEGOTIATION AND BARGAINING REGARDING THIS LIABILITY RELEASE AND WAIVER, ASSUMPTION OF RISK, COVENENT NOT TO SUE, AND INDEMNITY AGREEMENT, THE UNDERSIGNED INTENTIONALLY RELINQUISHES ITS RIGHT TO RECOVER DAMAGES IN CASE OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE; AND THAT THE UNDERSIGNED VOLUNTARILY AND KNOWINGLY AGREES TO BE BOUND TO THE CONTRACTUAL TERMS CONTAINED HEREIN.