This Waiver and Agreement ("Agreement") is entered into by and between the user ("User") of the Proseek platform and Proseek, LLC ("Proseek"), a platform that connects athletes, IFBB Pros, coaches, and fitness-related businesses for virtual and in-person interactions.
1. Acknowledgment of Risks and Assumption of Liability
- 1.1 The User acknowledges and agrees that participation in in-person or virtual sessions, coaching, consultations, and other activities offered through Proseek ("Activities") carries inherent risks, including but not limited to physical injury, illness, disability, mental or emotional distress, or death. These risks may result from exercise, equipment use, unsupervised instruction, or interpersonal interactions.
- 1.2 The User voluntarily assumes all risks associated with participation in such Activities, whether known or unknown, and whether caused by negligence or otherwise.
- 1.3 The User represents that they are in good physical and mental health and have no medical conditions that would prevent their safe participation. The User agrees to consult a physician or mental health professional as needed before participating.
2. Code of Conduct and Harassment Policy
- 2.1 Proseek enforces a strict zero-tolerance policy for harassment, including but not limited to sexual harassment, bullying, or discriminatory behavior. All Users agree to conduct themselves respectfully and professionally at all times.
- 2.2 Reports of misconduct—during virtual or in-person sessions—may result in investigation, suspension, or permanent account termination.
- 2.3 The User agrees to promptly report any such incidents to Proseek support.
3. Platform Use and Payment Policy
- 3.1 All Users agree to conduct all financial transactions and service arrangements through the Proseek platform.
- 3.2 Any attempt to circumvent the platform to accept or offer payment outside of Proseek is strictly prohibited and may result in account termination, loss of access to platform protections, ineligibility for refunds, and potential legal action.
- 3.3 Users acknowledge that dispute resolution mechanisms and customer support are available only for platform-based transactions.
4. Cancellation, Rescheduling, and No-Show Policy
4.1 Client Cancellation Policy
Each service sets one of three cancellation policies, shown to you before you book. Your refund on a client-initiated cancellation depends on that policy and on how far in advance you cancel:
- Flexible: Full refund if you cancel at least 24 hours before the session start time. No refund within 24 hours.
- Moderate: Full refund if you cancel at least 48 hours before start. 50% refund if you cancel between 24 and 48 hours before start. No refund within 24 hours.
- Strict: Full refund only if you cancel at least 120 hours (5 days) before start. No refund thereafter.
- No-Show: Failure to attend without a valid, timely cancellation forfeits 100% of the appointment fee, with no refund.
The cancellation policy that applies to each booking is the one displayed for that service at the time of booking. If a coach declines a pending request, the client receives a full refund.
4.2 Professional, Coach, and Business Cancellation and No-Show Policy
- Cancellation by Professionals: Professionals may cancel without penalty if more than 72 hours' notice is given. Cancellations within 72 hours require a valid reason (e.g., illness) and client approval. Cancellations within 24 hours without sufficient justification are treated as a No-Show.
- Professional No-Show Consequences: First occurrence — formal warning. Second occurrence — $200 fine. Third occurrence — further fines or possible removal from the platform at Proseek's discretion.
- Clients impacted by a Professional’s No-Show receive a full refund within seven (7) business days.
4.3 Rescheduling Policy
- Free Rescheduling: Allowed if requested more than 72 hours before the appointment.
- Late Rescheduling: Requests within 72 hours require mutual consent and may incur a 25% fee.
- Approved rescheduling resets the cancellation window based on the new time.
- All requests must go through the Proseek platform.
4.4 Late Arrivals
A 10-minute grace period is permitted. Beyond this, the session may be considered a No-Show at the host’s discretion.
4.5 Notification Requirements
- All cancellations and rescheduling requests must be submitted via the Proseek platform or official support channels.
- Verbal or unconfirmed cancellations are not valid.
4.6 Dispute Resolution
- Disputes must be reported to Proseek support within 48 hours of the appointment.
- Evidence (e.g., screenshots, records) may be required.
- Proseek will resolve disputes within five (5) business days.
4.7 Policy Updates
- Proseek may update this policy at any time.
- Changes take effect 14 days after notification via email or platform.
5. Waiver and Release of Liability
- 5.1 The User releases Proseek and its officers, directors, employees, agents, trainers, coaches, and affiliates ("Released Parties") from liability for any claims, damages, or causes of action arising from Activities, including injuries or losses caused by negligence or otherwise.
- 5.2 The User agrees to indemnify and hold harmless the Released Parties from any costs, damages, or legal fees arising from their participation or breach of this Agreement.
6. Virtual Session Responsibility and Technical Limitations
- 6.1 The User must ensure their environment and equipment are safe for virtual sessions.
- 6.2 The User assumes responsibility for any connectivity or technical issues on their end.
7. Advice and Professional Consultation Disclaimer
- 7.1 Advice from IFBB Pros or coaches is informational only and does not replace professional medical, legal, or other advice.
- 7.2 The User assumes full responsibility for any decisions made based on such advice.
8. Media and Recording Release
8.1 The User grants Proseek permission to use their name, likeness, voice, and any session recordings for promotional, training, or quality-assurance purposes, without compensation.
9. Governing Law and Severability
- 9.1 This Agreement is governed by the laws of the State of Tennessee.
- 9.2 If any provision is invalid or unenforceable, the remaining provisions remain in effect.
10. Consent and Digital Acceptance
- 10.1 By using the Proseek platform, the User affirms they have read, understood, and agreed to this Agreement.
- 10.2 Digital consent via checkbox or platform interaction constitutes a legally binding signature.