The terms of use (the “Terms of Use”) outlined below govern your use of the online and offline services offered and provided by Jim Clarry and his personal training business (“Persevera”), including your use of this website and all personal training-related services. We encourage you to review these Terms of Use along with our Privacy Policy. By using our online and offline services, including accessing this website, you acknowledge and agree to the these Terms of Use and to the provisions of our Privacy Policy.

Intellectual property & website

 

Trademark

Persevera® is a registered trademark.

External Trademarks

This website may contain trademarks or service marks belonging to other entities. Such trademarks or service marks are the sole property of their respective owners, and no proprietary interest is implied. In such instances, we make every attempt to acknowledge and identify the owners of such trademarks or service marks. Please send us questions and concerns over the use of external trademarks and service marks (see "Contact" below).

Copyright Notice

The contents of this website are the copyright of Persevera. All rights reserved.

Disclaimer

This website and its contents are provided without warranties of any kind, either express or implied. You agree, by your use of this website, that your use is at your sole risk, and that Persevera shall not be liable for any damages of any kind related to your use of this website.

Indemnification

You agree, by your use of this website, to defend, indemnify and hold Persevera harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this website.

 

CLIENT Services

Studio Training

Liability Waiver

Clients must review and agree to our waiver of liability before training with us in studio.  By training with us, you represent that you understand and agree to all of the provisions in the waiver.

Safety

We strongly encourage you to see your doctor before and while engaging in strength training, metabolic conditioning and recovery techniques. We are not certified dietitians or nutritionists, and we strongly advise you to consult with your physician before taking supplements or undertaking any dietary changes.

Code of Conduct

We strive to create a welcoming and comfortable environment for all of our members. We therefore kindly ask that you adhere to your trainer’s instructions while in studio. To respect the privacy of all of our members, we also ask that you refrain from taking photos while in studio without permission.

Cancellation Policy

Clients who have made an appointment for an in-studio training session may cancel, postpone or otherwise change the time of the session with a minimum of 24 hours’ advance notice to avoid charges. Late cancellations, postponements, changes or no-shows may result in a full charge for the session in question.

Discounts

We may offer fee discounts from time to time at our discretion.

AGE Restrictions

You must be 18 years of age or older in order to train with us. People who are under the age of 18 must have permission from a parent or legal guardian who is 18 years of age or older in order to train with us. As more fully outlined in our Privacy Policy, this website is not directed at or intended for use by individuals under the age of 13.

Remote Training

Liability Waiver

Clients must review and agree to our waiver of liability before training with us remotely.  By training with us, you represent that you understand and agree to all of the provisions in the waiver.

Safety

We strongly encourage you to see your doctor before and while engaging in strength training, metabolic conditioning and recovery techniques. We are not certified dietitians or nutritionists, and we strongly advise you to consult with your physician before taking supplements or undertaking any dietary changes.

Cancellation Policy

Clients who have made an appointment for a remote training session may cancel, postpone or otherwise change the time of the session with a minimum of 24 hours’ advance notice to avoid charges. Late cancellations, postponements, changes or no-shows may result in a full charge for the session in question.

Discounts

We may offer fee discounts from time to time at our discretion.

AGE Restrictions

You must be 18 years of age or older in train with us. People who are under the age of 18 must have permission from a parent or legal guardian who is over the age of 18 in order to train with us. As more fully outlined in our Privacy Policy, this website is not directed at or intended for use by individuals under the age of 13.

PAYMENTs

You agree to pay for all charges that you incur, including, but not limited to, training session fees. Training session and any other types of fees are nonrefundable and nonexchangeable. Payments are due at the time of an appointment and may be made in cash or check payable to Jim Clarry.

New York State Health Club Notice

IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS

New York State law requires certain health clubs to have a bond or other form of financial security to protect members in the event that the club closes. Persevera is exempt from this requirement. YOU MAY ASK A REPRESENTATIVE OF THE CLUB FOR PROOF OF THE CLUB’S COMPLIANCE WITH THIS LAW. YOU MAY ALSO OBTAIN THIS INFORMATION FROM THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LICENSING SERVICES, A.E. SMITH STATE OFFICE BUILDING, 80 SOUTH SWAN STREET, P.O. BOX 22001, ALBANY, NY 12231.

CHANGES to terms

We reserve the right to modify our Terms of Use at any time. We will post any such changes on this webpage.

Our Terms of Use indicate when they were last revised (see “Version” below).  Any changes will become effective when we post the revised terms.  Your use of this website following these changes means that you acknowledge and accept such revised terms.

PRIVACY POLICY

We encourage you to review our Privacy Policy in addition to our Terms of Use.  You can also learn more about Persevera by reviewing answers to frequently asked questions or by contacting us (see “Contact” below).

CONTACT

Please send feedback or questions to info@studiopersevera.com.

VERSION

These Terms of Use were last updated:  January 1, 2019.