Contract

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COMMITMENT AND ATTITUDE AGREEMENT

I have volunteered to participate in a program of physical exercise under the instruction of a Beyond Body Fitness trainer. Training may include, but is not limited to, weight and/or resistance training, cardiovascular training, and floor mat exercises.

Beyond Body Fitness agrees to instruct, assist and train me in a safe and professional manner.

A large portion of your success will be based on your commitment to follow instruction, changing your lifestyle, and your attitude towards the fitness program. Unfortunately, because so much depends on what you do on the days you are not training, Beyond Body Fitness cannot guarantee results; however, your willingness to work hard and follow instruction will improve the opportunity of success.

LATE / NO SHOW / CANCELLATION AGREEMENT

Our main goal is to provide the best possible service to all our clients; therefore, the following applies:

Beyond Body Fitness works on an appointment-based schedule to allow you the time required for your personal training session.
Sessions will generally be 60 minutes. Please be on time for your appointments. If you are late for a session it will still end at the scheduled time. If you are more than 15 minutes late for a session, it will be considered a no-show and you will be required to pay the fee for the session or have it subtracted from your package. If your trainer chooses to extend the training session or wait for you past the 15 minutes, that is to be considered a courtesy and in no way shall be taken as a modification of the above paragraph.

Due to this schedule it is important that you give us sufficient notice when you need to cancel or reschedule an appointment. This means a cancellation or reschedule should be made at least 12 hours before the scheduled appointment. Failure to cancel a training session within this time will result in you being charged for the session unless you choose to pay a reschedule fee of $20.00.

We understand that emergencies happen, so we provide every client with one free short-notice cancellation. You will not be charged for your first cancellation with less than 12-hour notice. The free short-notice cancellation only applies if we are notified prior to the session start time. You will not be able to cancel or reschedule a session with less than 12-hour notice from the training calendar. If you need to cancel or reschedule with less than 12 hours’ notice, you must notify your trainer. No-shows are not eligible for the free cancellation.

If Beyond Body Fitness (BBF) must cancel a day, the following will apply. BBF will notify you at least 12-hours prior to the cancellation. If BBF must cancel with less than 12 hours notification, your session will be rescheduled, and you will be given an additional session Free.

HOW PACKAGES WORK

Packages are groups of sessions purchased at a discounted rate. Generally, the larger the package, the greater the discount. Since training is about consistency and commitment, all sessions have expiration dates based on the package purchased. Packages less than 16 sessions expire after 3 months, 16 session packages expire after 4 months, 32 session packages expire after 8 months and 48 session packages expire after 12 months. Package expiration dates can and usually will be extended for special circumstance as well as injury or illness if needed.

There are two options for scheduling your sessions:

Schedule as you go

Once you purchase a package you are assigned a code in the scheduling software that will allow you to schedule your sessions without having to put down a deposit. You will be given access to our training calendar where you can schedule your sessions on any of our open time slots. Sessions must be scheduled at least 24 hours in advance and any cancellations or rescheduled sessions must be done at least 12 hours prior to the appointment per the cancellation section above. If you have a need to schedule a session with less than 24 hours’ notice, you may contact your trainer and see if they have anything available. Sessions may be scheduled up to 2 months in advance. You may choose to switch over to the Scheduled in Advance option at any time provided we have the days and times available. You will need to contact your trainer to discuss availability and have them make the switch for you.

Scheduled in advance

If you have a set schedule and want to make sure you have the same training days and times, you can set up all your sessions in advance. You can pick the days and times that are best for you based on what we currently have available and we will schedule all your sessions on those days. You will still be able to cancel or reschedule sessions based on the above stipulations listed in the Cancellation Agreement. You may also choose to switch over to the Schedule as you go option at any time. You will need to contact your trainer to make that switch so they can remove your remaining appointments from the current schedule. Your trainer has the sole discretion to change you from a Scheduled in advance client to a Schedule as you go client if they feel there have been an excessive amount of cancellations or reschedules. We always try to discuss options and work with you as much as possible before making any changes. Our only goal is for you to succeed.

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

DECLARATIONS:
This Agreement is entered into between personal trainer Mandi Haynes (“Trainer”) and the undersigned (“Client”) . The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.

ASSUMPTION OF RISK:
You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.

Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor.

You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.

RELEASE:
You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.

INDEMNIFICATION:
By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.

ACKNOWLEDGMENTS:
You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

By signing below I agree that I have read and consent to the terms in the Contract as well as the Liability Waiver.