Personal Training Terms and Conditions
DECLARATIONS: This Agreement is entered into between Inner Beast Strength and Conditioning, LLC and the undersigned (“Client”). The provision of personal training services by Inner Beast Strength and Conditioning, LLC to Client, and Client’s use of any services, premises, facilities or equipment are contingent upon this Agreement.EFT REQUEST AND AUTHORIZATION: Client hereby authorizes Inner Beast Strength and Conditioning, LLC or its assigns to make periodic charges of withdrawals (“EFT Authorization”) from the account used to pay the initial payment or replacement account designated by Client and accepted by Inner Beast Strength and Conditioning, LLC, for the payment of any and all fees, late charges, costs, expenses or any other monies due Inner Beast Strength and Conditioning, LLC , under the terms and conditions of the Agreement. Client understands that Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges of withdrawals made with respect to any uncollected payments or portions of the balance due for services and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon thirty (30) days written notice to, and approved by Inner Beast Strength and Conditioning, LLC. Client is required to keep a valid debit or credit card on file with Inner Beast Strength and Conditioning, LLC at all times. If Client terminates or requests Client’s financial institution to terminate EFT request, such termination will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. Inner Beast Strength and Conditioning, LLC or its assigns reserve the right to add the following fees to the Client’s account balance should any of the following occur: Card decline: Ten dollars ($10) per attempt, limited to one fee per day. Payments received more than two (2) days after the due date: Thirty dollars ($30) Stop Payment: Fifty dollars ($50) Chargeback: fee incurred by Inner Beast Strength and Conditioning, LLC plus Fifty dollars (fee+$50).PERSONAL TRAINING PROGRAM SERVICES: The service being requested is for personal training. Inner Beast Strength and Conditioning, LLC must begin performance of services within thirty (30) days from the date the Agreement is entered into. All appointment cancellations need to be made twenty-four (24) hours prior to the scheduled appointment time to not be considered a “no-show”. All personal training programs must be completed within thirty (30) days from the date of the last scheduled payment in contract. If sessions (including make-up sessions) extend beyond the above stated period, then the remaining sessions of the Agreement are considered to have lapsed and will immediately be discontinued. Failure to use the services does not relieve any Client obligations, regardless of circumstances, to pay the fees, late charges and other monies due under this Agreement in full. The service completion date will be extended only when a signed doctor’s note is received stating a medical reason, which prevents personal training from being completed with the normal allotted time period, or to make up for trainer’s extended absence.CLIENT ACKNOWLEDGMENT, ASSUMPTION OF RISK, AND FULL RELEASE FROM LIABILITY OF Inner Beast Strength and Conditioning, LLC: Client acknowledges training involves 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/shoulder injuries and any other illness, soreness, or injury however caused, occurring during or after Client’s participation in training. Client affirms that Client is in good physical condition and does not suffer from any disability or injury that would prevent or limit participation in training. Client acknowledges participation in training 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 training. Client asserts capability of participation in training agrees to assume all risk and responsibility for not exceeding personal physical limits. Client hereby releases, indemnifies, holds harmless, and forever discharges Inner Beast Strength and Conditioning, LLC, its owners, operations, clients, employees, representatives, and agents from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to participation in any and all services provided by Inner Beast Strength and Conditioning, LLC, including, but not limited to: injuries caused by improperly used equipment, over-exertion of Client, slip and fall by Client, failure of Client to modify activity based on trainer recommendation, failure of Client to seek appropriate medical clearance prior to personal training, or an unknown health problem of Client. Client agrees to assume all risk and responsibility involved with participation in personal training. ADHERENCE TO GYM POLICIES AND PROCEDURES: The client agrees to adhere to any and all gym policies and procedures, as posted or otherwise communicated in writing, subject to change at any time and for any reason. (a.) Cancellation/Reschedule Policy: 24 hour notice is required for any cancellations/reschedules. Cancellations/reschedules within 24 hours are considered “no-shows”. 3 unscheduled absences in a 30 day period will lead to a once per week decrease in training frequency for 30 subsequent days. In the event that Client has a same day cancellation, they will give at least 1 hour notice.(b.) Timeliness Policy: A firm 10 minute late cutoff will be implemented, regardless of circumstances, with no makeup session offered.(c.) Phone Policy: Phones, tablets, computers, smart watches etc. must be kept off the gym floor, except in the case of emergency with verbal confirmation prior to session.(d.) Mode of Communication Policy: Any cancellations/reschedules must be delivered in writing, electronically. For communications within 24 hours, text is required. For communications with greater than 24 hours notice, email is required.USE OF CLIENT'S LIKENESS: Client consents to the use of client's likeness by Inner Beast Strength and Conditioning, LLC for promotional purposes without notification or compensation, indefinitelyNON-CANCELLATION BY CLIENT: Client shall not have the right to terminate this Agreement. Client is legally and financially responsible for entire subscription commitment selected by Client in the Pocketsuite app from the date of signature of Agreement, regardless of service start date or first payment date, and that subscription may not be cancelled at any time, or for any reason, by Client. REFUNDS: No refunds shall be made for services purchased, regardless of use of services.CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any and all terms and conditions of the Agreement, including but not limited to: the obligation to make any payment as and when due, the obligation to keep a valid credit or debit card on file with Inner Beast Strength and Conditioning, LLC at all times for EFT withdrawal. Upon default Inner Beast Strength and Conditioning, LLC shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If Inner Beast Strength and Conditioning, LLC delays or refrains from exercising any rights under this Agreement Inner Beast Strength and Conditioning, LLC does not waive, nor does Inner Beast Strength and Conditioning, LLC lose those rights. If Inner Beast Strength and Conditioning, LLC accepts late or partial payments from Client, Inner Beast Strength and Conditioning, LLC does not waive the right to receive full and timely payments and other charges due under this Agreement. ENFORCEABILITY: If any portion or provision of this Agreement shall to any extent be declared unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the laws of the State of Oregon. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, Inner Beast Strength and Conditioning, LLC and Client agree that the venue for such court action shall exclusively be a court of competent jurisdiction located in Multnomah County, OregonLEGAL COSTS: Should Inner Beast Strength and Conditioning, LLC, or anyone acting on their behalf, be required to incur court expenses, attorney’s fees and/or other costs to enforce this Agreement, Inner Beast Strength and Conditioning, LLC shall be entitled to recover all these expenses by reimbursement from client, in addition to any other relief to which they may be entitled.
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