TERMS OF AGREEMENT

 

Fitness Services: The services being requested is for a program, and not the services of any individual trainer. The Services are conducted in sessions. The assigned trainer may not be available to conduct any one or all sessions in which case another trainer will be assigned. Client is not entitled to a refund if the originally assigned trainer is not available. Training sessions and trainers are not available at all times. Personal Training sessions are a maximum of 45 minutes in duration. IN-SHAPE, PERSONAL TRAINING (IN-SHAPE, PT) will use its reasonable best efforts to provide the best service possible. IN-SHAPE, PT may sell personal training at different rates or terms.

 

Partner Program: Clients enrolled in our partner program have to use their personal training session together. If one of them does not show up to his/her personal training session will lose his/her session and will not be able to recuperate it.

 

 

Appointment Cancellations: There is a 24 hour advance cancellation policy for all Personal Training Sessions. Clients canceling less than 24 hours in advance will be charged the full amount for the session.

NOTE: Maximum of two (2) cancellations per month will be allowed.

 

Refunds and Returns: All Personal Training Sessions must be paid for in advance, and are non-refundable and non-transferable.

 

 

Services Completion: All pre-paid personal training sessions of 12 or less must be completed within 30 days from date of payment. All pre-paid personal training sessions of 20 or less must be completed within 3 months from date of payment. All pre-paid personal training sessions of 30 or less must be completed within 5 months from date of payment. All pre-paid personal training sessions of 40 or less must be completed within 6 months from the date of payment. All pre-paid personal training sessions of 60 or less must be completed within 8 months from the date of payment. Except as otherwise provided for herein, if sessions extend beyond the above-stated period (“Expiration Date”), then the remaining sessions of the Agreement are considered to have lapsed and will immediately be discontinued. The Expiration Date will be extended only when a signed doctor’s note stating a medical reason preventing Client from receiving the Services within the pre-designated allotted time period is received by IN-SHAPE, PERSONAL TRAINING.

 

 

Health & Fitness Profile, Fitness Evaluation and PAR-Questionnaire, NOT Medical Advice: Clients acknowledges that IN-SHAPE, PT does not provide medical advice nor a substitute for medical attention and IN-SHAPE, PT has advised Client to discuss the appropriateness of the Services with Client’s doctor. The IN-SHAPE, PT Health & Fitness Profile, Fitness Evaluation and Physical Activity Readiness Questionnaire (giving to Client) are nothing more than guidance for deciding Client’s goals. The fact that IN-SHAPE, PT agrees to provide the Services to Client based on evaluations and Client’s representations is not medical judgment that Client is medically, physically or mentally able to receive the Services. The Services should not replace any dietary restrictions or medical recommendations from Client’s doctor. If Client has a history of heart disease, diabetes, hypertension or any other health conditions, he should consult a physician before joining any kind of exercise program.

 

 

Client’s Acknowledgment & Assumption of Risk: Client acknowledges that the Services purchased hereunder include participation in strenuous physical activities, including, but not limited to, aerobic dance, weight training, stationary bicycling, outdoor training, various aerobic conditioning machinery and possible various nutritional programs offered by IN-SHAPE, PT (the “Physical Activities”). Client acknowledges these Physical Activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness, or injury however caused, occurring during or after Client’s participation in the Physical Activities. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of Client, slip and fall by Client, or an unknown health problem of Client. Client agrees to assume all risk and responsibility involved with Client’s participation in the Physical Activities. Client affirms that Client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the Physical Activities. Client acknowledges participation will be physically and mentally challenging, and Client agrees that it is the responsibility of Client to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability of Client to take part in Physical Activities. By buying personal training sessions thru this website, Client asserts that Client is capable of participating in the Physical Activities. Client agrees to assume all risk and responsibility for Client’s exceeding his or her physical limits.

 

 

Limitation of Liability & Full Release of IN-SHAPE, PERSONAL TRAINING: Client, his  or her heirs, assigns and next of kin, agree to fully release IN-SHAPE, PERSONAL TRAINING, its owners, employees, any related entities or other authorized agents, including independent contractors from any and all liability, claims and/or litigation or other action that Client may have  for injuries, disability or death or other damages of any kind, including but not limited to, direct, special, incidental, indirect, punitive or consequential  damages, whether arising in tort, contract, breach of warranty or arising out of participation in the Services, including, but not limited to the Physical Activities, even if caused by the negligence or fault of IN-SHAPE, PT, its owners, employees, any related entities or other authorized agents, including independent contractors. Client is urged to have this Agreement reviewed by an attorney before buying personal training sessions.

 

 

Client’s Acceptance of Release & Waiver: By clicking the “Pay Now” button in this website, Client waiver Client’s legal rights and acceptance of full release and all other provisions under this Agreement.

 

 

Enforceability: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. Further, if any such provision or portion of a provision may be reduced and/or narrowed in scope or the like, such provision or portion of a provision shall be reduced, narrowed and/or the like, and so enforced. However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waived any statute or other right of any type, which would invalidate the enforceability of any provision or portion of this Agreement. This Agreement shall be governed and enforced in accordance with the laws of the State of Florida. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, IN-SHAPE, PT and Client agree that the venue for such court action shall exclusively be Miami-Dade County, Florida. In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their attorney’s fees, court costs, and other charges from the other party as a party of any ruling, determination or judgment.

 

 

Acknowledgement: IN-SHAPE, PERSONAL TRAINING STUDIO is owned and operated by FIT-EXPERTS, INC.

 

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