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LIABILITY WAIVER, ASSUMPTION OF RISK, AND TERMS OF USE

vandycktraining.com

Effective Date: April 2, 2026

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PURCHASING OR USING ANY SERVICES OR PROGRAMS OFFERED BY VAN DYCK TRAINING. THIS DOCUMENT CONTAINS A WAIVER AND RELEASE OF LIABILITY FOR NEGLIGENCE, AN ASSUMPTION OF RISK, AND AN AGREEMENT TO INDEMNIFY.

1. Nature of Services

Van Dyck Training ("VDT"), operated by Sebastian Van Dyck, DPT, provides general fitness and strength programming delivered through an online subscription platform at vandycktraining.com.

Important Distinction Regarding Professional Credentials: While Sebastian Van Dyck holds a Doctor of Physical Therapy (DPT) degree, the programming and content provided through VDT are exclusively general fitness and strength programming. VDT services are not physical therapy, rehabilitation, clinical treatment, medical advice, diagnosis, or healthcare of any kind. Sebastian Van Dyck does not act in the capacity of a licensed physical therapist when providing VDT services.

No clinical or healthcare provider relationship of any kind is created by your use of VDT services. Specifically:

  1. No physical therapist–patient relationship is created.
  2. No doctor–patient relationship is created.
  3. No healthcare provider–patient relationship is created.
  4. VDT programming is not individualized to treat, rehabilitate, or manage any medical condition, injury, or diagnosis.
  5. VDT programming is not a substitute for medical advice, physical therapy, or any form of licensed healthcare.

You acknowledge and understand that any reference to Sebastian Van Dyck's DPT credential is provided for informational and background purposes only and does not establish a clinical relationship or imply that VDT services constitute physical therapy or healthcare.

2. Assumption of Risk

You understand and acknowledge that participation in any exercise or fitness program, including VDT programming, involves inherent risks of injury and harm. These risks include but are not limited to:

  1. Muscle strains, sprains, tears, and soreness
  2. Joint injuries, including but not limited to injuries to the back, knees, shoulders, hips, and wrists
  3. Cardiovascular events, including heart attack and stroke
  4. Bone fractures and stress fractures
  5. Dizziness, fainting, or loss of consciousness
  6. Aggravation of known or unknown pre-existing conditions
  7. Injuries resulting from improper form, overexertion, or the use of weights or equipment
  8. In rare cases, serious injury, permanent disability, or death

You voluntarily assume all risks associated with your participation in VDT programming, whether or not specifically described above, including risks arising from the negligence of Van Dyck Training, Sebastian Van Dyck, or any of their agents, employees, or affiliates.

3. Medical Clearance

You represent and warrant that:

  1. You are in good physical health and have no medical condition that would prevent your safe participation in an exercise program, OR you have received clearance from a qualified physician or healthcare provider to participate.
  2. You have consulted (or have had the opportunity to consult) with a physician or healthcare provider before beginning this program.
  3. You will immediately stop exercising and seek medical attention if you experience pain, discomfort, dizziness, chest pressure, shortness of breath, or any other warning signs during exercise.
  4. You are solely responsible for selecting weights, intensities, and exercise modifications appropriate for your own fitness level and limitations.
  5. You understand that VDT programming is general in nature and is not tailored to your specific medical history, injuries, or conditions.

4. Release and Waiver of Liability

To the fullest extent permitted by the laws of the State of Maine, you hereby release, waive, discharge, and covenant not to sue Van Dyck Training, Sebastian Van Dyck, and their respective officers, agents, employees, affiliates, and successors (collectively, "Released Parties") from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury (including death) that may be sustained by you in connection with your use of VDT programming or services.

This release and waiver specifically includes, without limitation, claims arising from or related to the negligence of the Released Parties. You expressly agree that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of Maine and that it encompasses claims for negligence, ordinary negligence, and any other claims that may be lawfully released.

5. Limitation of Waiver

Nothing in this agreement shall be construed as a release or waiver of liability for wanton acts, grossly negligent acts or omissions, or intentional misconduct by the Released Parties. This waiver applies solely to claims of ordinary negligence and other claims that may be lawfully waived under Maine law.

6. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorney's fees) arising from your use of VDT services, your violation of these terms, or your violation of any rights of a third party.

7. No Guarantee of Results

VDT makes no guarantees regarding specific results from the use of its programming. Individual results vary based on effort, consistency, nutrition, genetics, and many other factors outside of VDT's control.

8. Subscription and Payment Terms

VDT subscriptions are billed on a recurring basis through Stripe. By subscribing, you authorize VDT to charge your payment method on file at the applicable subscription rate. You may cancel your subscription at any time through the Stripe Customer Portal. Cancellation takes effect at the end of your current billing period. No refunds will be issued for partial billing periods.

9. Intellectual Property

All programming, content, materials, and intellectual property provided through VDT are owned by Van Dyck Training. You may not reproduce, distribute, share, resell, or publicly display any VDT content without prior written consent.

10. User Conduct

You agree not to share your login credentials with others, distribute or screenshot VDT programming for redistribution, attempt to reverse-engineer or scrape VDT's platform, or use VDT services for any unlawful purpose.

11. Privacy

VDT collects and stores your name, email address, and payment information as necessary to provide services. VDT will not sell your personal information to third parties. Payment processing is handled securely through Stripe. By using VDT, you consent to this data collection and processing.

12. Modifications

VDT reserves the right to modify these terms at any time. Continued use of VDT services after any modification constitutes acceptance of the updated terms. Material changes will be communicated via email or through the platform.

13. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of Maine. Any disputes arising under this agreement shall be resolved in the courts of the State of Maine. You consent to the personal jurisdiction and venue of such courts regardless of your state or country of residence.

14. Severability

If any provision of this agreement is found to be invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Any invalid provision shall be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this agreement.

15. Entire Agreement

This document constitutes the entire agreement between you and Van Dyck Training with respect to the subject matter herein and supersedes all prior agreements, understandings, and representations.

Acknowledgment and Agreement

By checking the box at checkout, you confirm that:

  1. You have read this Liability Waiver, Assumption of Risk, and Terms of Use in its entirety.
  2. You understand that this document contains a waiver and release of liability for negligence.
  3. You understand that VDT services are general fitness programming and not physical therapy, medical advice, or healthcare of any kind.
  4. You voluntarily assume all risks associated with participation in VDT programming, including risks arising from negligence.
  5. You agree to all terms and conditions contained herein.
  6. You are voluntarily choosing to participate in Van Dyck Training programming.