51:50 Athletica LLC Personal Training Agreement
51:50 Athletica is registered with the State of Florida as a Health Studio Registration No.
This Personal Training Agreement, (hereinafter, the Agreement) is made and entered into on day of purchase, by and between 51:50 Athletica LLC, training at 1703 Sunniland Blvd, Lehigh Acres, Florida 33971 and the Client. The Client is sometimes referred to in this agreement as member. Trainer and the Client are sometimes collectively referred to in this Agreement as the Parties
The parties hereby agree to the following terms and conditions: 1. GENERAL TERMS
Client acknowledges that s/he agrees to the services of a personal trainer provided by 51:50 Athletica LLC. Trainer will design a tailored exercise program for the Client that reflects the clients’ objectives, fitness level, and experience. A different trainer may be assigned to the Client at any time upon the sole discretion of 51:50 Athletica LLC.
Training programs shall have various Training Sessions. Each Personal Training Session shall last 45- 60 minutes (hereinafter Training Session).
Client has read and executed the Full Disclosure of Physical Conditions/Informed Consent and Assumption of Risk, and Release of Liability form, which is attached hereto and incorporated into this agreement as if fully set forth herein.
3. TRAINING PACKAGES AND PAYMENTS
Training Packages includes various exercise programs involving various activities. Activities shall mean the following: testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; training; exercise; aerobic and anaerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery, and cardiovascular machines; stretching; weight lifting; and any other training activities, techniques, and/or exercises.
The Client has committed to three (3) or (6) month contracted time frame or (6) weeks one on one training.
If the Client is enrolled in group training sessions, the Client agrees to pay a monthly subscription of $100 or a discount of $1000 instead of $1200 for a full year. If the Client is enrolled in 1 on 1 sessions, the Client agrees to pay a 6-week subscription of $300. The Client understands that they are obligated to pay in full, or pay for each month of the contracted time frame, under any circumstances, unless the CEO gives permissions to void this contract. Failure to do so will result in contract cancellation and the balance remaining on your account will be sent to collections. The Client also understands there is an annual maintenance fee in the sum of $15.00 that covers additional amenities used in the gym including, but not limited to: towels, toiletries, equipment, etc. The client understands that there will be a late fee of $15 assessed after 5 days of non-payment and/or rejected funds. All of the fees for the Training package are due prior to the commencement of the first Training Session.
If the Client purchases one Training Session at a time, payment per Training Session is due in full prior to the commencement of each Training Session.
Any Training Session not used within 30 days of the Effective Date for any Training Package shall be forfeited. The Client shall not be entitled to a refund of the cost for any Training Session not used within 30 days. The amounts
payable per Training Session may be adjusted at the sole discretion of the Trainer, at any time. The Client waives notice of any such adjustments to the amounts payable per Training Session.
The Client will be charged for a cancelled appointment unless the Client notifies Molikkita Essart or 51:50 Athletica LLC, of such cancellation at least 24 hours prior to the scheduled time. If the Client is more than 15minutes late for an appointment, the lost time will be forfeited and charged for that Training Session as if the Client had been present. Should the Client purchase additional Training Sessions both the Client and the Trainer agree that this Agreement shall remain in full force and effect, and continue to govern the rights and liabilities of the Parties, except as to the amount payable per such additional Training Session, if different from the amount stated above, or unless the Parties execute a new Agreement.
4. WAIVER AND INDEMNITY
The Client agrees to indemnify the staff and/or the fitness trainer for any injuries, illnesses, or expenses from the Clients participation, especially if the Client has neglected to disclose a known medical condition or similar information that might affect the Clients ability to participate in the Fitness Program.
5. TERMINATION OF AGREEMENT
I understand that this contract is in good standing unless a written notice is sent to 51:50 Athletica LLC, for permissions to terminate this contract. I also understand that once this contract is terminated, I will no longer be able to re-join at any previous price points.
1. 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.
2. 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 30days, a facility of equal quality located within five (5) driving miles at no additional cost to the buyer.
3. 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.
4. 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.
A refund will be issued within 30 days after receipt of the notice of cancellation.
5. 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.
6. 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.
7. 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.
a. If this studio sells a single contract for 30 days or less, without any option or other condition which establishes any right or obligation of a member beyond the 30-day period then provision 1 should read as follows: “The initial contract will not be for a period in excess of 30 days. Renewal contracts may not be executed, and the fee therefore paid until the preceding contract expires.”
b. If this studio sells SESSIONS in this manner (7a) then the contract must ALSO indicate: “All sessions must be used within 30 days.”
8. If the health studio requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio will provide the buyer with the means of such identification.
SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN 1 MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND /OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
6. EFFECT OF TERMINATION
In the event the Client terminates this Agreement, the Trainer shall retain all payments made for all unused Training Sessions or packages. In the event the Trainer terminates this Agreement, the Trainer shall refund to the Client all payments made for unused portions of Training Sessions or packages.
7. ENTIRE AGREEMENT
This Agreement (including the Full Disclosure of Physical Conditions/Informed Consent and Assumption of the Risk and Release of Liability) constitutes the entire agreement of the Parties, and supersedes any and all previous understanding, agreements, arrangements, or discussions, written or oral, between the Parties relating here to. There are no collateral agreements, representations, or guarantees, oral or otherwise unless attached hereto and signed by both Parties.
8. WARRANTIES
There are no warranties either express or implied in this Agreement that are not expressly contained in this agreement.
9. APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Florida.
10. SIGNATORIES
This Agreement shall be signed on behalf of 51:50 Athletica LLC, by Molikkita Essart, and by the Client, . This Agreement is effective as of the date first written above.
Any Client under the age of 18 must have a parent or legal guardian sign this Agreement.
Full Disclosure of Physical Conditions / Informed Consent and Assumption of Risk and Release of Liability
This Full Disclosure of Physical Conditions/Informed Consent and Assumption of Risk, and Release of Liability is executed on day of purchase, and is a material part of, and is incorporated by reference into the Personal Training Agreement executed by the Client.
1. The Client certifies that he or she is physically sound and suffering from no condition, impairment, disease, infirmity, or illness that would prevent the Clients participation in the Clients Activities under this Agreement, except as hereinafter stated.
2. The Client certifies that he or she has been informed of the need for a physician’s approval for participation in the Activities under this Agreement.
3. The Client certifies that 51:50 Athletica LLC, has recommended that the Client have a yearly or more frequent physical examination and consultation with the Clients physician as to physical activity, exercise, and use of exercise and training equipment so that the Client may have knowledge that he has either (a) been given permission by the Clients physician to participate, or (b) that the Client has decided to participate in the Activities under this Agreement without the approval of his physician.
4. The Client expressly assumes all responsibility for the Clients participation in the Activities under this Agreement.
5. THE CLIENT CERTIFIES THAT THE CLIENT HAS GIVEN FULL AND COMPLETE DISCLOSURE OFALL PHYSICAL CONDITIONS, IMPAIRMENTS, DISEASES, INFIRMITIES OR ILLNESSES THAT MIGHT AFFECT OR PREVENT THE CLIENT’S PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT. THE CLIENT REPRESENTS THAT HE HAS NO CONGENITAL, PHYSICAL, OR MENTAL
HEALTH PROBLEMS, NO UNDERLYING CARDIOVASCULAR, NEUROLOGICAL, OR ANY ILLNESS, OR CONDITION WHICH MIGHT AFFECT OR PREVENT THE CLIENT’S PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT.
Informed Consent and Assumption of the Risk
1. The Client enters into this Agreement with full knowledge of all the risks and benefits associated with the Activities under this Agreement. The Client certifies that the client is of a legal age to enter into an Agreement, and is not mentally incapacitated. The Client certifies that he enters into this Agreement without duress, undue influence, and for valuable consideration.
2. The Client certifies he or she understands the risks associated with participation in the Activities under this Agreement including, but not limited to physical injury resulting from the acts, omissions, and/or negligence of others. The Client certifies that the Client knows and fully understands the importance and relevance of all the risks, and expressly and voluntarily assumes any and all risks associated with the Clients participation in the Activities under this Agreement, including but not limited to the activities of training; exercise; aerobic and anaerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercises. Further, the Client expressly and voluntarily assumes any and all risk associated with the Clients participation in the Activities under this Agreement, including but not limited to the risks of dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm), and/or any other physical injury, due to any cause whatsoever.
Release of Liability
1. Client certifies that the Client voluntarily agrees to participate in the Activities under this Agreement, including but not limited to the activities of training; exercise; aerobic and anaerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercise. The Client further agrees to follow all rules set forth by 51:50 Athletica LLC, nd its Trainers.
2. In consideration of the privilege of participating in the Activities under this Agreement, and the training services provided by 51:50 Athletica LLC,, the Client for himself, his heirs, assigns, administrators, executors, and/or all members of his family, including minors, waives, releases, holds harmless and forever discharges 51:50 Athletica LLC, its successors in interest, assigns, servants, agents, employees, independent Agree mentors, associates, officers, directors, officials and any other participants in the Activities under this Agreement, from any and all responsibility, liability, claims and demands of any kind and nature, damages, actions, causes of action of any kind, whether now known or unknown, or which the Client may have now, or which may hereafter accrue to the Client (collectively, the Claims), including but not limited to Claims based upon or related to dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm); and/or ant other physical injury, due to any cause whatsoever, including the act or omission, negligence or any other fault of 51:50 Athletica LLC,, its successors in interest, assigns, servants, agents, employees, independent Agree mentors, associates, officers, directors, officials and any other participants in the Activities under this Agreement.