Terms of Service
Welcome to EKENOSEN TACTICAL ATHLETE CONSULTING, LLC. ("Company," "we," "us," or "our"). The following Terms of Service ("Terms") govern your access to and use of the services provided by Ekenosen Tactical Athlete Consulting, LLC, including but not limited to strength and conditioning programs, nutrition consulting, mobility training, defensive tactics courses, and emergency medicine (trauma response) training (collectively, "Services"). By accessing or using our Services, you ("User," "you," or "your") agree to be bound by these Terms.
1. ACCEPTANCE OF TERMS AND CONDITIONS
By signing, checking the box, purchasing, accessing, or using any of the Services provided by Ekenosen Tactical Athlete Consulting, LLC, you agree to these Terms, our Privacy Policy, and any other policies or agreements referenced herein. If you do not agree to these Terms, you must not use the Services.
2. SERVICES PROVIDED
Strength and Conditioning Programs: We offer both generalized (single-purchase PDF files) and individualized/custom strength and conditioning programs. Generalized programs do not include personalized coaching, while custom programs include coaching services and are delivered through a third-party coaching software app.
Nutrition Consulting and Coaching: We provide nutrition guidelines, coaching, and recommendations. Services are offered as consulting advice by a certified nutrition coach, not as medical or dietary advice.
Mobility Training and Assessments: Mobility programs, assessments, and coaching are available to improve flexibility, mobility, injury prevention, and recovery.
Defensive Tactics Courses: We offer training courses in defensive tactics for security-based agencies (e.g., military, SWAT, law enforcement officers, medics, and security companies).
Emergency Medicine Training: We provide emergency medicine and trauma response training, including techniques similar to Tactical Emergency Casualty Care (TECC).
3. NO MEDICAL ADVICE
The information provided through our Services is intended for general informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or another qualified healthcare provider before starting any exercise program, nutritional program, or training. Use of the Services is at your own risk.
4. ASSUMPTION OF RISK
You acknowledge that participation in physical training, defensive tactics, mobility exercises, emergency medicine training, and other Services involves inherent risks, including the risk of injury or illness. By using our Services, you voluntarily assume all risks associated with participation.
5. LIABILITY WAIVER
By purchasing, accessing, or using our Services, you agree to release and hold harmless Ekenosen Tactical Athlete Consulting, LLC, its owner, instructors, coaches, employees, agents, and affiliates from any 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 while using the Services. You agree that you are solely responsible for any injury, loss, or damage resulting from your use of the Services.
6. FITNESS AND SAFETY ACKNOWLEDGMENT
You agree not to participate in any physical or training activity offered by the Company without first being medically cleared by a qualified healthcare provider. You understand that you are responsible for monitoring your own condition during the use of our Services and must stop any activity that causes discomfort or harm.
7. USE OF THIRD-PARTY COACHING SOFTWARE
Individualized/custom programs may be delivered through a third-party coaching software application. You agree to abide by the terms and conditions of the third-party application in addition to these Terms.
8. GENERALIZED PROGRAMS
Generalized strength and conditioning programs are sold as single-purchase PDF files and are not eligible for refunds once downloaded. These programs do not include personalized coaching services.
9. COPYRIGHT AND INTELLECTUAL PROPERTY
All content provided by Ekenosen Tactical Athlete Consulting, LLC, including but not limited to written materials, training programs, videos, logos, and designs, is protected by copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works from any content without explicit written consent from the Company.
10. DISCLAIMER OF WARRANTIES
The Services are provided on an "as is" and "as available" basis without any warranties or refunds, expressed or implied. The Company disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the accuracy, completeness, or reliability of any information provided through the Services.
11. LIMITATION OF LIABILITY
In no event shall Ekenosen Tactical Athlete Consulting, LLC or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption, arising from or in connection with the use or inability to use the Services.
12. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the state of Georgia, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in a court of competent jurisdiction located in Georgia.
13. MODIFICATION OF TERMS
The Company reserves the right to modify these Terms at any time. Any changes will be posted on our website, and your continued use of the Services constitutes acceptance of the modified Terms.
Liability Waiver and Release
NOTICE TO CLIENT: By signing, checking the box, purchasing, accessing, or using any of the Services provided by Ekenosen Tactical Athlete Consulting, LLC, you immediately and indefinitely acknowledge and agree to the terms and conditions of this Liability Waiver and Release Agreement. This agreement applies to all clients, customers, and participants of Ekenosen Tactical Athlete Consulting, LLC ("the Company"), including but not limited to online program purchases, in-person coaching, strength and conditioning programs, nutrition consulting, mobility assessments, defensive tactics courses, and emergency medicine training.
1. ASSUMPTION OF RISK
I, the undersigned, acknowledge that participation in any services or programs provided by Ekenosen Tactical Athlete Consulting, LLC involves significant risks. These risks include, but are not limited to, the potential for serious injury, illness, disability, or death, which may result from my actions, the actions or inactions of others, or the condition of the facilities, equipment, or areas where training occurs. I knowingly and voluntarily assume full responsibility for all such risks, whether foreseen or unforeseen.
2. MEDICAL DISCLAIMER
I acknowledge that the information, programs, and recommendations provided by Ekenosen Tactical Athlete Consulting, LLC are for educational and informational purposes only and do not constitute medical advice, diagnosis, or treatment. I affirm that I am physically and mentally capable of participating in physical exercise, nutritional plans, training programs, defensive tactics, and emergency medicine courses, and I understand the potential health risks involved. I agree to seek medical clearance from a licensed physician before starting any exercise program, diet, defensive tactics training, emergency medicine training, or physical activity recommended by the Company. I accept full responsibility for my participation and any associated risks.
3. RELEASE OF LIABILITY
In consideration of being allowed to participate in the services and programs offered by Ekenosen Tactical Athlete Consulting, LLC, I hereby expressly agree to waive, release, discharge, and hold harmless Ekenosen Tactical Athlete Consulting, LLC, its owner (Tobias Ford), employees, contractors, agents, and any other associates (collectively, "the Released Parties") from any and all claims, demands, causes of action, liabilities, costs, and expenses of any kind whatsoever, arising out of or in connection with my participation in the programs or services offered. This includes claims of negligence by the Released Parties.
4. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless Ekenosen Tactical Athlete Consulting, LLC and the Released Parties from any and all claims, liabilities, damages, expenses, and legal fees resulting from my participation in any services or programs, including third-party claims arising out of my actions or omissions.
5. NO WARRANTIES OR GUARANTEES
I understand that Ekenosen Tactical Athlete Consulting, LLC makes no warranties or guarantees regarding the outcomes of any programs, services, or recommendations provided. I acknowledge that results are individualized and dependent on various factors, including my level of commitment, health conditions, and adherence to the program.
6. ONLINE PROGRAM PURCHASES
I acknowledge that programs purchased as PDF files are for personal use only and do not include personalized coaching or support from Ekenosen Tactical Athlete Consulting, LLC. I am solely responsible for my use of the programs and understand that these programs do not replace professional advice or supervision.
7. CUSTOM PROGRAMS (Personalized Coaching)
For custom programs delivered through third-party coaching software, I understand that while coaching support is provided, I am ultimately responsible for following recommendations safely and within my abilities. I acknowledge that participation in such programs carries inherent risks, and I assume full responsibility for any injuries or health issues that may arise.
8. DEFENSIVE TACTICS AND EMERGENCY MEDICINE TRAINING
I acknowledge that the defensive tactics training and emergency medicine training (such as trauma response courses) involve physically and mentally demanding activities with inherent risks, including but not limited to injuries, pain, death, or exposure to potentially hazardous environments. I agree to exercise caution and participate within my capabilities. I understand that I am fully responsible for any consequences arising from my participation.
9. GOVERNING LAW AND SEVERABILITY
This Liability Waiver and Release Agreement shall be governed by the laws of the state of Georgia and, where applicable, the laws of the United States. Any disputes arising from this agreement or participation in any program or service shall be subject to the exclusive jurisdiction of the courts in Georgia. If any provision of this agreement is held to be unenforceable, all other provisions shall remain in effect.
10. ARBITRATION AGREEMENT
I agree that any dispute, claim, or controversy arising out of or relating to this agreement or my participation in any program or service shall be resolved by binding arbitration in accordance with the rules of a recognized arbitration organization in Georgia. The arbitration shall take place in Georgia, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. By agreeing to arbitration, I understand that I am waiving my right to a trial by jury.
11. PARENT/GUARDIAN ACKNOWLEDGEMENT (For Participants Under 18)
If the participant is under 18 years of age, I, as the parent or legal guardian, hereby agree to the terms of this Liability Waiver and Release Agreement on behalf of the minor. I understand that minors cannot legally waive their rights, but I accept full responsibility for the minor's participation and release the Released Parties from any claims arising from the minor's involvement.
12. ELECTRONIC SIGNATURE AND ACKNOWLEDGEMENT
For all services and products, online or in-person: By clicking "I Agree," I acknowledge that I have read and fully understand this Liability Waiver and Release Agreement, and I voluntarily agree to its terms. I understand that this consent is legally binding and has the same effect as a handwritten signature.
13. ENTIRE AGREEMENT
This Liability Waiver and Release Agreement represents the entire agreement between the parties and supersedes any previous written or oral agreements concerning the subject matter.
14. CONTACT INFORMATION
For any questions regarding these Terms, please contact us at:
EKENOSEN TACTICAL ATHLETE CONSULTING, LLC.
Owner/Coach/Instructor: Tobias Ford
Phone: 404-566-1556
Email: coach@ekenosentac.com