ETAC Liability Waiver, Terms of Service, and Privacy Policy
This document contains three parts: (1) the Liability Waiver and Release Agreement, which each participant must sign or accept before participating in any ETAC service; (2) the Terms of Service; and (3) the Privacy Policy.
PART 1: LIABILITY WAIVER AND RELEASE AGREEMENT
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING OR ACCEPTING IT, YOU ASSUME THE RISKS OF PARTICIPATION AND
GIVE UP THE RIGHT TO SUE EKENOSEN TACTICAL ATHLETE CONSULTING, LLC AND RELATED PERSONS FOR INJURY OR DEATH CAUSED BY THEIR ORDINARY NEGLIGENCE.
1. ACTIVITIES COVERED
This Liability Waiver and Release Agreement (this “Waiver”) applies to all services, programs, and activities provided by Ekenosen Tactical Athlete Consulting, LLC (“ETAC”), whether in person, virtual, or digital, including assessments, individual coaching, strength and conditioning programs, mobility and movement programs, nutrition guidance, online and remote programs, workshops, and presentations, and to any facilities and equipment used in connection with them (the “Activities”).
2. ASSUMPTION OF RISK
I understand that the Activities involve physical exertion and inherent risks, including muscle strains and tears, sprains, fractures, joint injuries, falls, equipment failure, heat illness, dehydration, aggravation of pre-existing conditions, heart attack, stroke, and other cardiovascular events, and, in rare cases, permanent disability or death. I understand that remote and online programs are performed without direct supervision, which increases these risks. I
KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS OF THE ACTIVITIES, BOTH KNOWN AND UNKNOWN, AND ACCEPT FULL RESPONSIBILITY FOR MY PARTICIPATION.
3. HEALTH AND MEDICAL CLEARANCE
I represent that I am physically and mentally able to participate in the Activities and that I have disclosed to ETAC every condition, injury, medication, or restriction that may affect my participation. I have been advised to consult a licensed physician before beginning any exercise, nutrition, or training program. I will obtain written medical clearance when ETAC requests it, and will follow any restriction from my health care provider. I will stop any activity and seek medical attention if I experience pain, dizziness, shortness of breath, or other warning signs. I consent to emergency medical treatment that ETAC personnel believe is necessary if I am unable to consent, and I am responsible for its cost.
4. NO MEDICAL ADVICE
I understand that ETAC provides educational, coaching, and fitness services only. ETAC does not diagnose or treat any injury or condition, and its information, programs, and recommendations are not medical advice, physical therapy, or medical nutrition therapy.
5. RELEASE AND WAIVER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, I, FOR MYSELF AND MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNS, RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE EKENOSEN TACTICAL ATHLETE CONSULTING, LLC, ITS OWNER TOBIAS FORD, AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AGENTS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, AND LIABILITY FOR PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE ACTIVITIES, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY. THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM A RELEASED PARTY’S GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT.
6. INDEMNIFICATION
I will indemnify and hold harmless the Released Parties from any claims, damages, and expenses, including reasonable attorneys’ fees, brought by third parties and arising out of my acts or omissions during the Activities or my breach of this Waiver.
7. ONLINE AND REMOTE PROGRAMS
I understand that digital programs purchased from ETAC are for my personal use only and, unless I have a separate coaching agreement, do not include personalized coaching or supervision. For custom programs delivered through third-party coaching software, I understand that I am responsible for performing the program safely and within my abilities.
8. WORKSHOPS AND GROUP SESSIONS
I understand that live or virtual workshops and presentations may include physically demanding activities. Participation in any physical component is voluntary, I may choose to observe only, and I will participate within my capabilities.
9. DURATION
This Waiver applies to all Activities in which I participate on or after the date I sign or accept it, and remains in effect until I revoke it by written notice to ETAC. Revocation applies only to Activities after ETAC receives the notice, and ETAC may then decline to provide further services.
10. GOVERNING LAW, VENUE, AND SEVERABILITY
This Waiver is governed by the laws of the State of Georgia. Any action arising out of or related to this Waiver or the Activities will be brought in the state or federal courts having jurisdiction over Bartow County, Georgia. This Waiver is intended to be as broad and inclusive as Georgia law permits. If any portion is held unenforceable, the remainder will continue in full force and effect, and the unenforceable portion will be enforced to the maximum extent permitted.
11. ELECTRONIC ACCEPTANCE; RELATIONSHIP TO OTHER AGREEMENTS
If I accept this Waiver by checking a box, clicking “I Agree,” or signing electronically, my acceptance has the same effect as a handwritten signature. This Waiver supplements, and does not replace, any coaching or service agreement I have with ETAC and ETAC’s Terms of Service. If any of them conflicts with this Waiver regarding assumption of risk or release of liability, this Waiver controls.
I HAVE READ THIS WAIVER, UNDERSTAND IT, AND SIGN IT VOLUNTARILY. I UNDERSTAND THAT BY SIGNING IT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE THE RELEASED PARTIES FOR INJURY OR DEATH
CAUSED BY THEIR ORDINARY NEGLIGENCE. I HAVE ALSO READ AND AGREE TO ETAC’S TERMS OF SERVICE AND PRIVACY POLICY.
PART 2: TERMS OF SERVICE
These Terms of Service (these “Terms”) govern your access to and use of the website, digital programs, and services of Ekenosen Tactical Athlete Consulting, LLC (“ETAC,” “we,” “us,” or “our”).
1. ACCEPTANCE OF TERMS
You accept these Terms and our Privacy Policy by signing them, by checking a box or clicking “I Agree” where presented, or by purchasing a program or service. Before purchasing or participating in any service, you must also separately sign, or check a box or click to accept, our Liability Waiver and Release Agreement (the “Waiver”); ETAC will not provide services without it. If you do not agree, do not purchase or use our services. You must be at least eighteen (18) years old to use our services.
2. SERVICES
Our services include:
(a) Operational Readiness Consulting and Needs Analyses for tactical organizations and individual tactical athletes, including readiness audits, needs analyses, risk identification, and strategic recommendations related to physical readiness, training systems, recovery practices, and performance sustainability.
(b) Strength and Conditioning Programming and Coaching, including generalized digital programs and individualized coaching, which may include customized training blocks, mobility protocols, and recovery strategies delivered in person, in writing, by email, or through third-party coaching software.
(c) Movement Quality and Recovery Guidance, including movement assessments, mobility programming, and recovery strategies. These services are educational and coaching-based and are not a substitute for medical diagnosis or treatment.
(d) Performance Nutrition Guidance, consisting of general nutrition and recovery education to support training and readiness. It is not medical nutrition therapy or treatment of any medical condition.
(e) Applied Education and Presentations for organizations and groups, in person or virtually, as described in individual service agreements.
(f) Readiness Monitoring and Reporting, where agreed, including analysis of agreed readiness and training metrics and periodic reports.
3. RELATIONSHIP TO OTHER AGREEMENTS
If you or your organization signs a separate service agreement with ETAC, that agreement controls over these Terms if they conflict. The Waiver applies to every physical activity and controls on matters of assumption of risk and release of liability. Services ETAC provides to organizations are governed by the organization’s written agreement with ETAC.
4. NO MEDICAL ADVICE
Information provided through our services is for educational purposes only and is not medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health care provider before starting any exercise or nutrition program and with any question about a medical condition.
5. ASSUMPTION OF RISK AND RELEASE
YOU ACKNOWLEDGE THAT PHYSICAL TRAINING, MOBILITY WORK, AND OTHER ACTIVITIES INVOLVE INHERENT RISKS, INCLUDING SERIOUS INJURY AND DEATH, AND YOU VOLUNTARILY ASSUME THOSE RISKS. THE RELEASE OF LIABILITY IN THE WAIVER, INCLUDING ITS RELEASE OF CLAIMS ARISING FROM ETAC’S ORDINARY NEGLIGENCE, APPLIES TO YOUR USE OF ALL OF OUR SERVICES.
6. THIRD-PARTY COACHING SOFTWARE
Individualized programs may be delivered through third-party coaching software. You agree to that provider’s terms and privacy policy, and ETAC is not responsible for the availability or performance of third-party software.
7. PURCHASES AND REFUNDS
Prices are stated at the time of purchase. Generalized digital programs are not refundable once accessed. Fees for individualized coaching are governed by your coaching agreement. We may change prices for future purchases at any time.
8. LICENSE TO DIGITAL PROGRAMS
When you purchase a digital program, ETAC grants you a personal, non-exclusive, nontransferable, revocable license to use it for your own training. You may not share your account or login, or copy, distribute, resell, or create derivative works from any program.
9. INTELLECTUAL PROPERTY
All content ETAC provides, including written materials, training programs, videos, logos, and designs, is owned by ETAC or its licensors and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any content without ETAC’s prior written consent.
10. DISCLAIMER OF WARRANTIES
OUR SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, ETAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DOES NOT GUARANTEE ANY PARTICULAR RESULT.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, ETAC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, AND ETAC’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO ETAC DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS SECTION DOES NOT LIMIT LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
12. INDEMNIFICATION
You will indemnify and hold harmless ETAC and its owner, employees, contractors, and agents from third-party claims, damages, and expenses, including reasonable attorneys’ fees, arising out of your misuse of our services or content or your breach of these Terms.
13. SUSPENSION AND TERMINATION
We may suspend or end your access to our services or content if you violate these Terms, misuse our content, or fail to pay amounts due.
14. GOVERNING LAW AND VENUE
These Terms are governed by the laws of the State of Georgia, without regard to its conflict of laws principles. Any action arising out of or related to these Terms or our services will be brought in the state or federal courts having jurisdiction over Bartow County, Georgia.
15. CHANGES TO THESE TERMS
We may update these Terms by posting the updated version on our website with a new “Last Updated” date. For material changes, we will also give reasonable advance notice by email or a notice on our website. Changes apply only to purchases and use after their effective date and do not apply to any dispute arising before that date.
16. GENERAL
If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign your rights under these Terms. These Terms, the Waiver, the Privacy Policy, and any separate service agreement you sign with ETAC are the entire agreement between you and ETAC regarding our services.
17. CONTACT
Ekenosen Tactical Athlete Consulting, LLC, Attn: Tobias Ford, Owner. Email: coach@ekenosentac.com. Phone: (706) 204-9249. Last Updated: 2026
PART 3: PRIVACY POLICY
Ekenosen Tactical Athlete Consulting, LLC (“ETAC,” “we,” “us,” or “our”) respects your privacy. This Privacy Policy explains how we collect, use, share, and protect personal information when you visit our website, purchase our programs, receive coaching, or otherwise interact with us.
1. SCOPE
This Privacy Policy applies to individuals who use our website and services. Information we receive from an organization under a written services agreement (for example, aggregate readiness or injury data provided by a department) is governed by that agreement.
2. INFORMATION WE COLLECT
(a) Contact and Account Information: name, email address, phone number, mailing address, date of birth, emergency contact, and account credentials.
(b) Health and Fitness Information: health history questionnaires, injuries, pain reports, medical clearances, movement assessments, training logs and session notes, performance and readiness metrics, nutrition information, and data you choose to share from wearable devices.
(c) Payment Information: payment card and billing information, which is collected and processed by our third-party payment processors under their own privacy policies. We receive limited information, such as transaction history and the last four digits of your card.
(d) Technical and Usage Information: IP address, browser type, operating system, device information, and how you interact with our website and content. (e) Communications: messages, emails, and feedback you send us.
3. HOW WE USE INFORMATION
We use personal information to provide, personalize, and improve our services; to monitor your safety and progress; to process payments; to communicate with you about your services; to send newsletters and marketing if you have opted in; to conduct research using de-identified information where you have consented, or using department-level aggregate information where your organization has authorized it in writing; and to comply with law and protect our legal rights.
4. HEALTH INFORMATION
We treat health and fitness information as confidential and use it only to provide and improve your services and, in de-identified form, for research where you have consented. We do not use it for marketing. We do not share your individual health or performance information with your employer or agency without your written consent, other than attendance and participation in services the employer or agency sponsors. ETAC is not a health care provider covered by HIPAA, but we protect your health information as described in this Privacy Policy.
5. HOW WE SHARE INFORMATION
We do not sell your personal information. We share personal information only:
(a) with service providers who perform services for us, such as our coaching software, payment processing, scheduling, email, and website hosting providers, under obligations to protect it;
(b) with persons you direct or authorize, such as your physician;
(c) when required by law, subpoena, or court order, or to protect the rights, property, or safety of you, ETAC, or others;
(d) when reasonably necessary to address a medical emergency; and
(e) in connection with a merger, acquisition, or sale of ETAC’s business, in which case the recipient must protect your information consistent with this Privacy Policy.
6. RESEARCH
With your consent, we may include de-identified information that does not identify you in research datasets for academic analysis and potential peer-reviewed publication, including with university research partners under written data use agreements. You may withdraw your consent at any time for future use. Separately, an organization may authorize us in writing to use department-level aggregate data from services we provide to it, which never includes individuallevel records.
7. COOKIES AND TRACKING TECHNOLOGIES
Our website may use cookies and similar technologies to operate the site, analyze usage, and support advertising. You can accept or reject cookies through your browser settings, although some parts of the website may not function properly without them.
8. DATA RETENTION
We keep personal information only as long as reasonably necessary to provide our services, maintain business records, resolve disputes, and comply with legal obligations. We then delete it or de-identify it.
9. DATA SECURITY
We use reasonable administrative, technical, and physical safeguards to protect personal information. No method of transmission or storage is completely secure, and we cannot guarantee absolute security. If we learn of a security breach affecting your personal information, we will notify you as required by law.
10. YOUR CHOICES
(a) Marketing: you may opt out of marketing emails by using the unsubscribe link in any marketing email or contacting us.
(b) Access and Correction: you may request access to or correction of your personal information.
(c) Deletion: you may request deletion of your account and personal information, subject to information we must keep by law or for legitimate business records.
To make a request, contact us using the information below. We will respond within a reasonable time.
11. CHILDREN
Our services are not intended for anyone under eighteen (18). We do not knowingly collect personal information from children, and we will delete any we learn we have collected.
12. THIRD-PARTY LINKS
Our website may link to third-party websites. We are not responsible for their privacy practices and encourage you to review their privacy policies.
13. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy by posting the updated version on our website with a new “Last Updated” date. For material changes, we will also give reasonable advance notice by email or a notice on our website.
14. CONTACT
Ekenosen Tactical Athlete Consulting, LLC, Attn: Tobias Ford, Owner. Email: coach@ekenosentac.com. Phone: (706) 204-9249. Last Updated: 2026