TERMS OF AGREEMENT

 

Fitness Services: The Services being requested is for a six (6) months 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. 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, acknowledging Client requests (such as trainer gender, age, appointment time, etc.), but will not be held liable, or otherwise does not effect the terms of this Agreement, in the event these requests cannot be met. IN-SHAPE, PT may sell personal training at different rates or terms.

 

Method of payment: Client will be committed to six (6) months of our services when he or she enrolls. Client will be charged automatically the same day every month thru Electronic Funds Transfer (EFT), BUT CLIENT MAY CANCEL AT ANY TIME AFTER TWO MONTHS if he or she is not completely satisfied with the program.

 

Cancellation Policy: Client may cancel his or her enrollment anytime after two months with no questions asks. To cancel client’s enrollment, client have to complete the BILLING TERMINATION FORM and deliver it at the facility where client receive the services, or send it via certified mail to:

IN-SHAPE, PERSONAL TRAINING STUDIO

Attn: Client Support

9851 NW 58th Street Unit 121

Doral, FL 33178

 

To avoid automated payment, cancellation must be done 30 days prior to the next scheduled payment.

 

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.

 

Sessions 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 date of payment. All pre-paid personal training sessions of 60 or less must be completed within 8 months from date of payment. All pre-paid personal training sessions greater than 60 must be completed within 10 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, resistance training, aerobic training, 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 enrolling in this program, 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 enrolling.

 

Client’s Acceptance of Release & Waiver: By enrolling in this program, Client waiver Client’s legal rights and acceptance of full release and all other provisions under this Agreement.

 

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

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