Terms & Conditions
TERMS & CONDITIONS
The Personal Trainer reserves the right to modify these terms from time to time at their sole discretion. Therefore, I should review these pages periodically. When there is a change in the Terms in a material manner, the personal trainer will notify me that material changes have been made to the Terms. My continued use of the Website or services after any such change constitutes my acceptance of the new Terms. If I do not agree to any of these terms or any future version of the Terms, I will not use or access (or continue to access) the website or the service.
CHANGES TO SERVICE
The Personal Trainer may, without prior notice, change the services; stop providing the services or any features of the services they offer; or create limits for the services. The Personal Trainer may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
SUBSCRIPTION SERVICE AGREEMENT
I understand that I am purchasing a subscription and will have the same monthly due date for renewal regardless of whether or not I have sessions left. Any sessions that are unused, have not been forfeited due to the 24 hour cancellation policy or are considered additional sessions (meaning sessions over the established number of package maximums per month, i.e. 2 sessions per week - 8 sessions per month) will roll over to the next paid period.
CONFIRMATION OF TRAINING TIMES AND CHECK IN DAYS
By purchasing this subscription plan/service for personal training, I am confirming that I have spoken with, have mutually agreed upon session times with the personal trainer, check-in days (if applicable) and gone over nutrition education and I have received a text or email confirmation with these session times and details from the personal trainer.
WAIVER AND RELEASE
Through the purchase and/or participation of training sessions, I have agreed to voluntarily participate in an exercise program, including, but not limited to, strength training, flexibility development, and aerobic exercise, under the guidance of Kat De Camillo (hereafter referred to as Fitness Professional/Facility). I hereby stipulate and agree that I am physically and mentally sound and currently have no physical conditions that would be aggravated by my involvement in an exercise program. I have provided verification from a licensed physician that I am able to undertake a general fitness-training program.
I understand and am aware that physical-fitness activities, including the use of equipment, are potentially hazardous activities. I am aware that participating in these types of activities, even when completed properly, can be dangerous. I agree to follow the verbal instructions issued by the trainer. I am aware that potential risks associated with these types of activities include but are not limited to: death, fainting, disorders in heartbeat, and serious neck and spinal injuries that may result in complete or partial paralysis or brain damage, serious injury to all bones, joints, ligaments, muscles, tendons, and other aspects of the musculoskeletal system, and serious injury or impairment to other aspects of my body, general health, and well-being.
I understand that I am responsible for my own medical insurance and will maintain that insurance throughout my entire period of participation and Fitness Professional/Facility. I will assume all additional expenses incurred that go beyond my health coverage. I will notify the Fitness Professional/Facility of any significant injury that requires medical attention (such as emergency care, hospitalization, etc.).
Fitness Professional/Facility or I will provide the equipment to be used in connection with workouts, including, but not limited to, benches, dumbbells, barbells and similar items. I represent and warrant any and all equipment I provide for training sessions is for personal use only. Fitness Professional/Facility has not inspected my equipment, and has no knowledge of its condition. I understand that I take sole responsibility for my equipment. I acknowledge that although Fitness Professional/Facility takes precautions to maintain the equipment, any equipment may malfunction and/or cause potential injuries. I take sole responsibility to inspect any and all of my or the Fitness Professional/Facility equipment prior to use.
Although Fitness Professional/Facility will take precautions to ensure my safety, I expressly assume and accept sole responsibility for my safety and for any and all injuries that may occur. In consideration of the acceptance of this entry I, for myself and for my executors, administrators, and assigns, waive and release any and all claims against Fitness Professional/Facility and any of their staffs, officers, officials, volunteers, sponsors, agents, representatives, successors, or assigns and agree to hold that harmless from any claims or losses, including but not limited to claims for negligence for any injuries or expenses that I may incur while exercising or while traveling to and from training sessions. These exculpatory clauses are intended to apply to any and all activities occurring during the time or which I have contracted with Fitness Professional/Facility.
I represent and warrant that by purchasing this plan/service, I am signing this agreement freely and willfully and not under any fraud or duress.
ADDITIONAL SESSIONS
I understand that I am purchasing session packages that establish a specific number of sessions per week and per month and am only entitled to that number of sessions. I recognize that the trainer may provide additional sessions, without charge, to complete a full training month. I understand that these sessions are provided as a courtesy to me by the personal trainer and are not subject to rolling over to the next month’s subscription period.
It is my responsibility to use those sessions during the month at the specified training times and if I am unable to attend these sessions, I will forfeit them.
I recognize that as long as I have completed the established number of sessions per package (including those I have forfeited due to the 24 hour cancellation policy), regardless of when the missed session was, I am not entitled to those additional sessions.
PAYMENT
In consideration for the Services provided to me by the Personal Trainer, I, the Client, shall pay the Personal Trainer the agreed upon monthly fee prior to or on the due date specified by the Personal Trainer prior to services rendered each month. Failure to pay on the due date will result in immediately ceasing training operations.
When purchasing a plan, I agree that: (i) I am responsible for reading the full item listing before making a commitment to buy it: (ii) I enter into a legally binding contract to purchase a subscription when I commit to buy a service and I complete the check-out payment process.
The prices the Personal Trainer charges for using their services / for their products are listed on the website. The Personal Trainer reserves the right to change prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.
The fee for the services and any other charges I may incur in connection with my use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to my payment method.
I recognize that I will be paying on a monthly renewal date whether I do or do not have sessions left. I understand that any existing sessions will rollover to the next month upon payment for the next month's sessions.
CANCELLATION OF SERVICES
I agree to give 10 business days notice from the renewal due date specified by the trainer of the intent to cancel services. Failure to do so, will result in the automatic charge for the renewal of the monthly sessions. Should I want to cancel services without 10 days notice, I agree to pay 50% of the price of my session package to break the agreement early.
I understand that if I cancel services without 10 business days notice, I will forfeit any remaining sessions that I have not used past the final day of the current billing cycle.
The Personal Trainer may permanently or temporarily terminate or suspend my access to the service without notice and liability for any reason, including if in the trainer’s sole determination I violate any provision of these Terms or any applicable law or regulations. I may discontinue use and request to cancel my account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which I have already made payment.
SESSION CANCELLATIONS WITH ADVANCED NOTICE
Should I choose to cancel or reschedule a session for any reason I recognize that it is my responsibility to accommodate the trainers availability which may include, but is not limited to remote/online training or travelling to the trainer to make-up the missed session.
I understand that it is my responsibility to attend sessions at the agreed up times mentioned above. I understand that I have purchased these sessions at the allotted times in advance and rescheduling a session to a new time without a week's advance notice may incur a change fee valued at 50% of the session cost at the discretion of the personal trainer.
SESSION CANCELLATIONS WITH SHORT NOTICE
I agree to give notice of intent to cancel a session at least 24 hours in advance. I understand that any cancellation within 24 hours of the scheduled session is subject to forfeiting the session.
I understand that I am expected to arrive within the first 10 minutes of the scheduled session time. I understand that failure to do so will result in the forfeiture of the session.
SESSION AVAILABILITY
I understand that agreed upon session times will only be held for the period in which I have paid for them. Failure to submit payment on the due date prior to services rendered will result in the loss of the time slot that I have agreed upon with the Personal Trainer.
MAKE-UP/RESCHEDULED SESSIONS
Sessions that are rescheduled as a courtesy from the personal trainer can only be rescheduled once. If the rescheduled session is cancelled, I understand that it will be forfeited.
I understand that should I miss a session and need to reschedule, only one session can be rescheduled per week.
HOURS OF OPERATION/HOLIDAYS
I understand that the personal trainer recognizes all federal/national holidays and may not be operating on those days. If I have a session that falls on one of these days and cannot be considered an additional session, meaning I will not receive the number of sessions guaranteed in the package I purchased, I understand that it is my responsibility to work with the personal trainer, who will attempt, to the best of their ability, to reschedule that training session.
If that training session is unable to be rescheduled for that week and without that session I will not receive the number of guaranteed sessions I purchased for the month, the session will roll over until it can be completed, unless it has been forfeited due to the 24 hour cancellation policy or is considered an additional session.
REFUNDS
All sales are final. If I choose to end training while I still have session credits left, I understand that they will be held for me to use at a later date within 30 days of the of the subscription end date.
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I understand that, under no circumstance, shall I receive a refund for purchased sessions.
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If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
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HAVING READ THE ABOVE TERMS AND CONDITIONS INTENDING TO BE LEGALLY BOUND HEREBY AND UNDERSTANDING THIS DOCUMENT TO BE A COMPLETE WAIVER AND DISCLAIMER IN FAVOR OF FITNESS PROFESSIONAL/FACILITY, I HEREBY UNDERSTAND THAT PURCHASING A SESSION PACKAGE IS AN AGREEMENT TO ALL TERMS AND CONDITIONS LISTED ABOVE.