AZ BODYBUILDING PERSONAL TRAINING PROGRAM SERVICE AGREEMENT AND RELEASE OF LIABILITY
TERMS AND CONDITIONS
RELEASE AND WAIVER OF LIABLIITY AND INDEMNITY: You, the Client/Buyer acknowledge an assumption of risk and full release from liability of AZ BODYBUILDING: Buyer acknowledges that the personal training programs purchased hereunder include participation in strenuous physical activities, including, but not limited to, aerobic dance, weight training, stationary bicycling, various aerobic conditioning machinery and various programs offered by AZ BODYBUILDING: (“The Physical Activities”) Buyer acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle trains, pull or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness, or injury however caused, occurring during of after Buyer’s participation in the physical activities. (Buyer further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of Buyer, slip and fall by Buyer, or an unknown health problem of Buyer. Buyer agrees to assume all risk and responsibility involved with the participation in the physical activities. Buyer affirms that Buyer is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Buyer acknowledges participation will be physically and mentally challenging, and Buyer agrees that it is the responsibility of Buyer to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability of Buyer to take part in AZ BODYBUILDING activities. By signing this Agreement, Buyer asserts that he or she is capable of participating in the physical activities. Buyer agrees to assume all risk and responsibility for not exceeding his or her physical limits. Buyer, on behalf of Buyer, his or her heirs, assigns and nest of kin, agrees to fully release AZ BODYBUILDING ( as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and/or any litigation actions that Buyer may have for injuries, disability or death or other damages of any kind, including but not limited to punitive damages, arising our of participation in AZ BODYBUILDING activities, including, but not limited to the personal training programs and the physical activities, even if caused by the negligence, gross negligence, intentional acts or omissions and/or other type of fault of AZ BODYBUILDING, its owners, employees, or other authorized agents, including independent contractors. Buyer acknowledges good and valuable consideration for agreeing to all terms and conditions of this release.
AUTHORIZATION PAYMENT AGREEMENT : By signing below, I authorize AZ BODYBUILDING to charge, or to initiate transfers from, the account designated above for the purpose of making the scheduled payments on the Balance Due (together with any related fees, taxes or charges), until such amounts are paid in full or until the applicable membership is terminated or cancelled, whichever occurs first. This authorization will remain in full force and effect during the term of this agreement until fully completed. I understand that I may stop any ACH Debit (checking, savings, debit card) by notifying the financial institution named above at least 3 days before the scheduled date of the transfer. I also understand that the charges and transfers authorized by my signature below are different from the transfers (if any) authorized by any other agreement with AZ BODYBUILDING (including transfers in payment of monthly membership dues), and that such charges and transfers are likely to occur on dates which are different than the dates designated above. Cancellation or revocation of this authorization, or stopping any payment hereunder, does not affect any other payments authorized on the date of this agreement or in the future. I understand and acknowledge that the amounts debited to my account may vary each month between the amount shown in the applicable box above, and two times that amount, due to a change in applicable taxes, and other fees and charges.
I understand that I have the right to receive notice in writing at least 10 days in advance of any ACH Debit (checking, savings, debit card) that will fall outside of this range. I confirm that I am authorized under the terms of the applicable agreement with my financial institution (the “Bank Agreement”) to use the account I have designated for the purchase of goods and services from AZ BODYBUILDING. I certify that all statements made in this payment authorization are true and correct to the best of my knowledge. I understand that any failure by the applicable financial institution to pay any charge in full does not release me from any liability for obligations owing to AZ BODYBUILDING. I agree to comply with my Bank Agreement at all times that this authorization is in effect.
Electronic Fund Transfer
I understand that I have signed an Agreement/ Contract, with AZ BODYBUILDING. My failure to utilize services does not relieve me of my obligations ( regardless of the circumstances), to pay the installment Agreement in full. I understand that, except as herein provided, my Agreement cannot be cancelled, frozen or refunded. Should I default, I agree to pay all costs of collection, including but not limited to collection agency fees, remaining unpaid balance, court costs and reasonable attorney’s fees, all of which may be paid or incurred by the holder of this agreement.
All Prepaid contracts are Non-Refundable .
E.F.T. REQUEST. Client/ Buyer (individually and as agent or guardian of Client/Buyer) hereby authorizes AZ BODYBUILDING to make periodic charges to or withdrawals from the account used to pay the initial payment described above or the account designated below or replacement hereafter for payment of any sums due to AZ BODYBUILDING under this Agreement or for any other use by Client/Buyer of AZ BODYBUILDING, training, products or services ( the EFT), as follows: AZ BODYBUILDING will debit monthly fees in accordance with the payment schedule as stated above. In the event sufficient funds are not available in Client/Buyers account or debits are otherwise not accepted AZ BODYBUILDING may resubmit the charge within five business days. If the resubmitted is returned uncollected, the rejected amount plus $25.00 service charge may be added to the Client/Buyer’s next regularly scheduled debit. Client/Buyer understands that the Client/Buyer is entitled to notice of all varying charges and withdrawals under the EFT but Client/Buyer waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected monthly fees , payments or portions of the balance due described above and corresponding service charges, both of which Client/Buyer agrees are not varying charges or withdrawals. If the Client/Buyer decides to change billing information, a 30-day notice is required. Client/Buyer understands that Client/Buyer is in full control of Client/Buyer’s payment and that this EFT Authorization will remain in effect until this Agreement is paid in full. Client/Buyer may timely notify the financial institution in control of Client/Buyer’s account to terminate this request, but such notification will not otherwise affect this Agreement and Client/Buyer herein.
ADDITIONAL FEES: 1) LATE FEES: $25.00 2) RETURNED CHECKS OR NON SUFFICIENT FUNDS: $25.00
PHOTO AND NAME RELEASE: I hereby grant AZ BODYBUILDING permission to use my name and likeness in a photograph in any and all its publications, social media, including website entries, without payment or any other consideration. I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied. I hereby release, discharge and agree to save harmless AZ BODYBUILDING, his/her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
REQUESTED SERVICE AGREEMENT: The service requested is for a personal training program for the number of sessions, or the length of time as stated in this Agreement. All training sessions are 60 minutes long. Any Client/Buyer’s sessions going beyond sixty minutes due to the Client/Buyer’s needs or wants will result in the Client/Buyer being charged for an additional session each time. All cancellations are to be made twenty-four (24) hours in advance. If you miss a scheduled training appointment or cancel with less then 24-hour advance notice, you will be charged for the session missed.
COMPLETION OF AGREEMENT : All standard personal training sessions consisting of twelve (12) sessions or less must be completed by the Client/Buyer within a three (2) month (60) day period. All standard individual personal training sessions consisting of forty eight (48) sessions must be completed in six (6) months. All standard individual personal training sessions consisting of ninety-six (96) sessions must be completed in twelve (12) months. The completion date will be extended only when signed doctor’s note is received stating a medical reason which prevents personal training or the program from being completed within the normal allotted time period. All remaining sessions will expire 60 days after agreement has been completed. Client must fulfill the entire payment agreement or will be subject to our collection agency under law.
NOTICE TO BUYER : You the Client/Buyer, may not cancel or freeze this Agreement at any time. Your account by any circumstances must be paid in full upon original agreement. AZ BODYBUILDING will not issue any refunds under any circumstances.
BUYERS DEFAULT : Buyer shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, AZ BODYBUILDING shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If AZ BODYBUILDING delays or refrains from exercising any rights under this Agreement, AZ BODYBUILDING does not waive, nor will AZ BODYBUILDING lose those rights. If AZ BODYBUILDING accepts late or partial payments from Buyer, AZ BODYBUILDING does not waive the right to receive full and timely payments and other charges due under this Agreement.
TRAINING INFORMATION : AZ BODYBUILDING reserves the right to make changes in your appointed Personal Trainer whenever necessary.
RESULTS : You, the Client/Buyer, understand and agree that individual results may vary.
NOTICE TO CUSTOMER : Do not sign this Agreement until you have read all of it. Also, do not sign this Agreement if it contains any blank spaces. You are entitled to a copy of this Agreement.