SEMI-PRIVATE GROUP TRAINING SERVICES AGREEMENT

 

This AGREEMENT (the “Agreement”) for Semi-Private Group Training Services is made this (hereinafter “Trainer”) and (“Client”), the person signing up for the Contract. In consideration of the mutual promises exchanged herein and other good and valuable consideration, the parties agree as follows:

 

1. Commitment:

(a) By purchasing sessions, Client is making a commitment to Client’s health. Client must follow the program and instructions of the Trainer to the best of their ability to maximize their results and better achieve their goals. The ultimate results are up to the Client: Trainer will show Client how to work Client’s muscles correctly and encourage them to go to Client’s safe limit, but Client is the only one who can make sure Client works out consistently, eats properly, gets plenty of sleep, and lives a healthy lifestyle. Fitness Assessment and Orientation is provided at no charge.

 (b) Specifics: Trainer and Client shall agree upon the time, program type, content, and location of personal training sessions (“Sessions”) at the rate set forth in this agreement.

 

2. Length of Sessions: Class will last approximately sixty (60) minutes. Trainer may opt to vary the length of sessions at Trainer’s discretion.

 

3. Punctuality: Client shall be attired as indicated below and ready to train at the time specified herein. Failure to be prepared to train may result in a shortened workout or possible cancellation of the Session under paragraph 7, if Client is more than fifteen (15) minutes late.

 

4. Attire: Client must wear comfortable workout attire, including, but not limited to, clean t-shirts, tights, sweats, and/or tracksuits. Athletic shoes must be supportive and functional. Workout gloves are optional. Please do not hesitate to ask Trainer for advice on what type of clothing and shoes are appropriate.

 

5. Stopping Exercises: Client may refuse or stop any exercise for any reason. It is Client’s responsibility to notify Trainer of any discomfort or pain arising from or during exercise, as well as any and all other known limitations Client has, or experiences so that Trainer may accommodate Client and substitute another exercise to work that particular muscle group.

 

6. Payment: Payment must be completed before the class starting time. Payments may be made in advance of Sessions in one lump sum, unless otherwise notated. Payment methods include cash, check, Venmo, and PayPal. If the Client chooses to pay with credit card, the Client will be subject to a 3.5% sales tax. Sales tax is not included in cash, check, or Venmo payments.

 

7. Cancellation of Individual Sessions and Coaching Calls: Twenty-four (24) hour cancellation notice, by phone, is required for rescheduling or canceling any and all individual Sessions and coaching calls. Any and all cancellations within less than twenty-four (24) hours’ notice will result in the forfeiture of the Session or coaching call without refund. If Trainer must cancel a Session or coaching call, Trainer will do so within twenty-four (24) hours of scheduled session and Client will retain their session.

 

8. Cancellation and Refund of All Sessions: Client may cancel this contract within four (4) business days after the day this contract was signed for a full refund of any and all money paid under this contract.

 

9. Relocation: Should Client relocate residence farther than twenty-five (25) miles outside Trainer’s service area, New York City, NY , Client may cancel this contract and shall be liable for only that portion of the charges allocable to the time before reasonable evidence of such location is presented to Trainer, plus a contract termination fee of 10% of the unused balance, or $75, whichever is less.

 

10. Death or Disability: Should Client become unable to use or receive services under this contract due to death or disability, Client, or Client’s estate as the case may be, shall be liable only for that portion of the charges allocable to the time prior to death or the onset of disability.

 

11. Option to Renew: Upon contract renewal, Trainer will waive the initial registration fee to which all new contracts are subject. By renewing a contract, Client acknowledges and agrees that Trainer acted professionally in all prior sessions.

 

12. Assumption of Risk, Waiver of Liability:

(a) Client acknowledges that participation in the Sessions, including but not limited to exercising, use of exercise equipment and strenuous exertion (strength training), will increase heart rate and body temperature. Client understands that exercises involve certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke, or even death. Also, injuries could occur to bones, joints, or muscles. Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. Client understands that part of the risk involved in any activity or program is relative to Client’s own state of fitness or health (physical, mental, or emotional) and to the awareness, care, and skill which Client conducts in that activity or program.

 

(b) Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, Client hereby expressly assumes all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of the Client’s participation in any Session(s).

 

(c) Client agrees on behalf of Client and Client’s personal representative(s) or heirs to release and discharge Trainer, Trainer’s officers, managers, members, employees, agents, representatives, successors, and assigns from any and all claims or causes of actions (known and unknown) arising out of this training program including without limitation to the Sessions, injury, damages or loss resulting from Client’s use of any equipment or facilities which break or malfunction.

 

13. No implied warranties or representations are made other than those expressly contained herein and this document contains all of the terms of the Agreement between the parties. Trainer expressly notes that results will differ for clients based upon various factors including without limitation to; body type, nutrition, etc. and no guarantees of results are possible.

 

14. Client may not assign this personal service contract. Trainer may only assign this Agreement to a related entity. This Agreement, and all disputes arising between Client and Trainer, shall be governed by and constructed in accordance with the laws of the State of New York. Unless expressly stated otherwise, the remedies specified herein are cumulative and in addition to any other remedies available at law or in equity. The failure or forbearance by either party to enforce any right or claim arising under this Agreement shall not be deemed to be a waiver or such right or claim, or any right or claim hereunder. Moreover, the waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breaches of the same or any other provision. If any provision of this Agreement is determined by a tribunal of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severed from the remainder of the Agreement and the remaining provisions of this Agreement shall continue in full force and effect. All the terms and conditions of this Agreement are binding upon and inure to the benefit of the parties hereto, and their successors, legal representatives and permitted assigns. This Agreement constitutes the entire agreement between Client and Trainer respecting the subject matter hereof and supersedes all prior proposals, agreements, negotiations, representations, writings, and all other communications, whether written or oral, between the parties. No modification or waiver of any provision of this Agreement shall be effective unless made in a writing signed by both parties. A scanned, digital or facsimile signature on this Agreement, or an original signature transmitted to either party hereto in scanned, digital or electronic facsimile form shall have the same force and effect as if it were an original signature delivered to any such party. This Agreement may be executed in counterparts,and each counterpart shall be deemed an original, and all counterparts taken together shall constitute one and the same agreement, which shall be binding and effective as to all parties.