Fitness Society Coaching Terms and Contract

FITNESS SOCIETY SUPPLEMENTS LLC.

Health Studio Registration: HS#15331

Studio and Personal Training Contract.

Terms and Conditions. The Parties agree to the following terms and conditions:
a. The Client is engaging the Company for personal training services to be provided by Fitness Society Supplements
b. Personal Training sessions will last 60 minutes.
c. The Trainer will create an exercise program geared to the Client’s fitness level and experience in order to meet the Client’s objectives.
d. The Trainer will be assigned to the Client by the Company and is subject to change at any time. The Client may request a new Trainer and the Company will make every effort to accommodate if circumstances allow.
e. The Client agrees to sign the attached Informed Consent and Assumption of Risk and Release of Liability.
f. The Client agrees to inform the Company and its Trainer(s) of any and all conditions, medical or otherwise, that may affect the Client’s ability to participate in Training Sessions.

2. Training Sessions. Training Sessions may include, but are not limited to, the following activities: testing of physical fitness; exercise; aerobics and aerobic conditioning; cardiovascular training; weight lifting and training; and stretching.
3. Training Package and Payments. The Client is purchasing {trainingPlan} Training Plan at a rate of ${trainingRate} per Training Session. The Client may pay for Training Sessions on a per session basis at the beginning of each session.

4. Cancellation of Training Session. The Client shall provide twenty-four (24) hour notice of any necessary cancellation of a scheduled Training Session. Failure to provide twenty-four (24) hour notice shall result in the Client being charged the full rate for the cancelled/missed Training Session. The Company and its Trainer(s) will endeavor to also provide the Client twenty-four (24) hour notice of any scheduled Training Session that may need to be cancelled; however, there may be instances where this is not practicable, and such would not constitute breach of this Contract on behalf of the Company.

5. Members are entitled to the penalty-free cancellation of this contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all monies paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract term, or if appropriate, the number of occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation.

6. Members are entitled to the cancellation and refund of the contract if the contracting business location of the health studio goes out of business, or moves its facilities more than five (5) driving miles and fails to provide, within 30 days, a facility of equal quality located within five (5) driving miles at no additional cost to the buyer.

7. A member’s notice of his/her intent to cancel shall be given in writing to the health studio. And that such a notice of cancellation shall also terminate automatically the consumer's obligation to any entity to whom the health studio has subrogated or assigned the consumer's contract. If the health studio wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice. 

8. That if the department determines that a refund is due the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises:

1.  Upon sale, for not more than 14 consecutive days; or

2. During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year.
   
   

9.  Members are advised to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should the health studio go out of business.

10. The contract may be cancelled if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The buyer or the buyer's estate seeking relief under this paragraph may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under Chapter 458, 459, 460 or Chapter 461 to the extent the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation. 

11. The initial contract will not exceed 36 months and thereafter shall only be renewable annually. Renewal contracts may not be executed and the fee therefore paid until 60 days or less before the preceding contract expires.

12. Indemnity. The Client agrees to indemnify and hold harmless the Company and its Trainer(s) for any injuries, illnesses, and the like experienced as the result of the Client’s Training Sessions.

13. Termination. Either Party may terminate this Contract upon thirty (30) days prior written notice to the other Party. In the event of termination by either Party, the Company shall refund the Client all monies paid for any unused Training Sessions.

14. Warranties. While the Company and its Trainer(s) fully believe exercise, specifically exercised personalized to the Client, is beneficial to the Client’s health and wellness, the Company and its Trainer(s) cannot guarantee the results of Training Sessions. The Company and its Trainer(s) make no representations and/or warranties that the Client will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results. The Company and its Trainer(s) strongly encourage the Client to follow a healthy diet in conjunction with personal training and continued exercise.

15. Entire Agreement. This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered, or supplemented except in writing signed by both the Company and the Client.

16. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

17. Legal and Binding Contract. This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Contract.

18.  Severability. If any provision of this Contract shall be held to be invalid or unenforceable for anyreason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it wouldbecome valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

19. Waiver. The failure of either Party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Contract. 

20. Applicable Law. This agreement will be governed by Florida Law.

21. Identification and Key Tags. We do not require any identificiations or key tags to enter the training studio.