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Terms + Conditions: Agreement and Liability Release *
Terms + Conditions: Agreement and Liability Release
Lavelle Yoga Fit (LYF) agrees to perform the services as set forth below: Depending on your needs, a session may consist but is not limited to a blend of exercises such as resistance and cardio training; corrective and activation exercises; anatomy and nutrition basics; at-home recovery techniques; and/or self-massage and yoga therapy. You will receive verbal and/or visual cues, at-home activation/recovery/corrective exercises, or other recommendations designed to help you reach your written goals. LOCATION The work will be performed at one or more location(s) deemed suitable and safe by Client and Lavelle Yoga Fit via email. I am so pleased that you have selected Lavelle Yoga Fit (LYF) to assist you with achieving your physical fitness / yoga goals! Lavelle Yoga Fit (LYF) tailors a Personal Training program to meet your needs, goals and skill level. The program length, or macrocycle, is based upon each individual's goals and personal progress which are tracked in a variety of ways both monthly and weekly. SCOPE OF WORK It is helpful at the outset to set forth our mutual understanding of the terms and conditions of our engagement. 1. Liability: I am participating in personal training and/or yoga sessions during which I will receive information and instructions about physical activity and health. I recognize that these sessions require physical exertion, which may be strenuous and may cause physical injury and I am fully aware of the risks and hazards involved. 2. Medical Clearance: I understand that it is my responsibility to consult with a physician prior to and regarding my participation to these activities. I represent and warrant I am physically fit and have no medical condition that would prevent my full participation in these sessions. 3. Personal Responsibility: I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in these sessions. 4. I knowingly and expressly hereby release, indemnify, hold harmless and waive any claim I or my agents, family, employers or estate may have against Caitlin Lavelle and/or Lavelle Yoga Fit (aka LYF) and its officers, officials, agents, and/or employees, other participants, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (releasees), from any and all claims, demands, losses and liability arising out of or related to any injury, disability or death I may suffer or loss or damage to person or property, whether arising from the negligence of the releasees or otherwise, to the fullest extent permitted by law. 5. Cancelling or Rescheduling Sessions: I understand and agree I can reschedule a reservation for a private session with my trainer, Caitlin, without charge up to 24 hours in advance of the start time. Once cancelled, the credit will go back into my account for use another time before the package expires. If I cancel a session within 24 hours of the start time, I understand I will be charged for the session without exception. Rescheduling a session may result in a session at a different time and day than normal that is convenient for me and my trainer. If I consistently reschedule sessions I understand this will result in a new weekly schedule pending my trainer's availability. Late arrival for sessions will result in forfeiture of the missed session time. 6. Package + Program Application: I understand this package is applicable only to the hours, days, locations and between origin and expiration dates listed under the package option. If I wish to train at a time, day and/or location outside of these parameters, I will add-on the applicable option to my current package. 7. Program Price: The program price consists of a Personal Training fee plus applicable taxes and fees. Amounts paid are not refundable except as described in this Contract. I agree to pay any new, additional or increased taxes imposed on this contract. 8. Program: The program provides individual fitness instruction sessions designed to help me achieve my fitness/yoga goals. The number of sessions purchased are noted in the package option I selected, all of which expire by the listed amount of time from purchase date in the package option I selected (e.g 14 consecutive days, 45 consecutive days, 90 consecutive days). The sessions are not transferable to another package or person. If, at any time, I do not have current membership privileges, or am not in good standing under any contract for membership with Lavelle Yoga Fit (LYF), I may not purchase, or use, Personal Training sessions until I bring their membership current. Purchase of the Program does not provide the me with any privileges except as specifically described in this Contract, nor does it include the use of, or access generally to, any facility, activity, class, program, or equipment, which privileges may be separately purchased. There are no refunds for Personal Training sessions not used within the required period described above except as provided in this Contract. LYF makes every reasonable effort to provide the Personal Trainer of choice; however, we reserve the right to substitute another qualified trainer with prior notice if necessary. No refunds will be given based on the termination or resignation of any employee. ADDITIONAL RIGHTS TO CANCELLATION: You may cancel this agreement upon written notice, sent by certified or registered mail, for any of the following reasons: a) If upon a doctor's order you cannot physically receive the services because of significant physical difficulty for a period in excess of six months (must provide a doctor's note). b) If you die your estate shall be relieved of any further obligation for payment under this agreement not then due and owing. c) If you move your residence more than twenty-five (25) miles away from any facility utilized by Lavelle Yoga Fit (must provide proof of new residence). d) If the services of the facility cease to be offered as stated in the agreement. All moneys paid pursuant to such contract cancelled for the reasons contained in this subdivision must be refunded within fifteen (15) days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of facility services, any such negotiable instrument executed by the buyer shall also be returned within (15) fifteen days. Additional Expenses If any additional expenses are required, Client and Personal Trainer will amend this clause in writing. In addition to the fees described above, you would be responsible for certain disbursements, expenses, and other costs Lavelle Yoga Fit (LYF) incurs in connection with this agreement. Unless special arrangements are otherwise made in writing, fees and expenses of others will be your responsibility and will be billed directly to you. These costs will be approved by you in writing in advance of being incurred. You will be invoiced for all reimbursable expenses, together with appropriate documentation evidencing such expenses. Reimbursable expenses shall be paid by you within 30 days of the date of invoice. Late Payment Penalty Lavelle Yoga Fit (LYF) reserves the right to impose an interest charge equal to 1.5% per month on any fees or invoiced reimbursable expenses that remain unpaid after 30 days. Conditions to Our Performance of Services Prior to commencing the performance of services, you agree to first: • Designate a primary point of contact who is responsible for decisions and for answering and resolving questions and issues: Caitlin Lavelle Owner, Lavelle Yoga Fit caitlin@lavelleyogafit.com In order for Lavelle Yoga Fit (LYF) to perform services for you in an effective and efficient manner, you agree to: Provide all information and documentation that Lavelle Yoga Fit (LYF) may request from you or that may otherwise be useful to us in connection with the performance of services; and • Immediately advise Lavelle Yoga Fit (LYF) of any changes to your operations or other information that may require a change in the scope or particulars of the services. If you want to increase or decrease the scope of the services described above, or want to add additional services, Lavelle Yoga Fit (LYF) requires that any such changes be mutually agreed to in writing and attached to this agreement as an addendum. Arbitration allows you to resolve your conflict out of court in a more cost-effective manner than litigation. This section allows you to designate where and under which state laws disputes will be handled. ADDITIONAL PERSONAL TRAINING AGREEMENT TERMS 1. OBLIGATIONS ABSOLUTE. Other than in the event of permitted cancellations described in this Contract, Buyer may not reduce the amount of any payment for any reason including Client's failure to use any Personal Training sessions. 2. ASSIGNMENT. This Contract may be assigned by us and, if assigned, the term “Company” will also mean the Company to which this Contract is assigned. If this Contract is assigned, the assignee shall have all our rights and powers under this Contract. In the event of assignment, we reserve our rights to assert any defenses we have or may have under this Contract. Neither Buyer nor Client may sell, assign, or transfer this Contract, his/her Client card or personal training sessions and any such attempted sale, assignment or transfer shall be null and void. 3. RESERVATION OF RIGHTS. We reserve the right at any time to alter the hours of operation, add, modify and/or eliminate any program, facility, activity, class or service of any facility, in our sole discretion. 4. WAIVER AND RELEASE. You (the Buyer, Client, parent, spouse, or guest, as applicable) agree that if you engage in any physical exercise or activity or use any facility on premises, you do so at your own risk. This includes, without limitation, your use of the equipment, locker room, showers, pool, whirlpool, sauna, steam room, parking area, or sidewalk and your participation in any activity, class, program, personal training or other instruction now or in the future made available. You agree that you are voluntarily participating in these activities and using the equipment and facilities and assuming all risk of injury or your contraction of any illness or medical condition that might result there from or any damage, loss or theft of any personal property. You agree on behalf of yourself (and your personal representatives, heirs, executors, spouse, administrators, agents, assigns or others) to release and discharge Lavelle Yoga Fit (LYF) (and its affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes Lavelle Yoga Fit (LYF) (and its affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action arising as a result of the use of our facility and any other membership activities, except such Damages which result from the willful misconduct or gross negligence of Lavelle Yoga Fit (LYF) (and its affiliates, employees, agents, representatives, successors and assigns). 5. CLIENT'S RESPONSIBILITY AS TO USE OF FACILITY. You (the Buyer, each Client and all guests) should consult with your physician in all events, including a history of heart disease before using our Personal Training services and facility. You understand and acknowledge that we have no expertise in a diagnosing, examining or treating any medical condition. You agree you will not use the facilities with any medical condition, including open cuts, abrasions, sores, infections, maladies or inability to maintain personal hygiene, if such condition poses a direct threat to health or safety of yourself or others, and agree you will use the facilities in accordance with all applicable public health requirements. It is your responsibility to consult with your physician to determine if any of these medical conditions exists and, if so, whether such condition poses a direct threat to the health or safety of yourself or others. 6. RULES AND REGULATIONS. You agree to follow all rules and regulations now in force or in the future adopted by us, or our affiliated facilities, including, but not limited to, rules and regulations with regard to hours of operation, use of equipment, services, and facility premises, personal hygiene and attire. It is prohibited for any Client or guest to conduct, purchase or subscribe to any commercial business or activity or solicit any business competitive with that of the facility (including Personal Trainer services) at any facility without our prior, express, written consent. 7. DISHONORED CHECK/AUTOMATIC PAYMENT CHARGES. Where permitted by law, Buyer agrees to pay a $15.00 fee for (a) any dishonored or returned check or other item, and (b) any Automatic Payment authorized By Buyer which is rejected or not honored by Buyer's bank or credit card issuer for any reason, along with any costs and expenses incurred in connection with Collection of such dishonored, returned or rejected check, other item or Automatic Payment. 8. EXCLUSIVE AGREEMENT. This Contract, your membership agreement with Lavelle Yoga Fit (LYF) (“Membership Agreement”), and all rules and regulations of Lavelle Yoga Fit (LYF), as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to this Program purchase. At our option, this Contract shall be null and void if it is not completed by our employee in accordance with our then current pricing and payment programs or if you misrepresented your qualification for a price or program at the time of purchase. 9. GOVERNING LAW. This Contract is governed by the laws of the state of New York. 10. MISCELLANEOUS. The provisions of this Contract are severable and if any provision is determined to be illegal or unenforceable the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable unless otherwise prohibited by state law. Our failure to enforce any remedy or provision of this Contract shall not be construed as a waiver of such remedy or provision. 11. INDEPENDENT CONTRACTORS. From time to time we may make available to Clients the services of independent contractors. We do not warrant or Guarantee the quality of these services and do not guarantee that these services will remain available to Clients for any period of time. 12. PRIVATE GROUP FITNESS INSTRUCTION. Payment in full must be given to reserve space with an instructor. The instructor requested is not guaranteed. Alcoholic beverages are prohibited for private parties. There are no refunds for Group Fitness instruction. 24 hour cancellation does not apply to Group Fitness . 13. MINIMUM AGE REQUIREMENT. The minimum age for Lavelle Yoga Fit (LYF)’s personal training services is eighteen (18) years, unless permission by a parent or guardian is given and approved by Lavelle Yoga Fit (LYF) in its sole discretion. 14. DISPUTE RESOLUTION AND ARBITRATION. Any claim, dispute, or controversy, whether based in contract, tort, statute, fraud, misrepresentation, or other legal theory, by either you or Lavelle Yoga Fit (LYF) against the other arising from in any way relating to this Contract or the services to be provided hereunder shall be subject to the terms of the Membership Agreement, including without limitation, the arbitration provision of the Membership Agreement. 15. Off SITE TRAINING PARTICIPANT RELEASE. You agree that the risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death. YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for your participation. You willingly agree to comply with terms and conditions for participation. If you observe any unusual significant hazard during your presence or participation, you will remove yourself from participation and bring such to the attention of Lavelle Yoga Fit (LYF). You (the Buyer, Client, parent, spouse, or guest, as applicable) hereby release, indemnify, and hold harmless Lavelle Yoga Fit (LYF), its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (releasees), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH you may suffer, or loss of damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. Handling of Disputes This agreement will be governed by and construed in accordance with the laws of NY . Any dispute that arises relating to this agreement shall be settled by arbitration in Kings, NY , in accordance with the rules of the American Arbitration Association, provided that discovery shall be governed by the civil procedure rules of NY or any successor statute, and judgment upon the award rendered may be entered in any court having jurisdiction. You agree to waive any objection to the jurisdiction of such venue. Notwithstanding the preceding paragraph, with respect to the collection of past due monies that you owe to Lavelle Yoga Fit (LYF) in accordance with the terms of this letter agreement equal to or less than the jurisdictional limit for small claims court in NY , Lavelle Yoga Fit (LYF) shall be permitted, in Lavelle Yoga Fit (LYF)'s sole discretion, to bring a summary proceeding against you in such court and you agree to waive any objection to personal jurisdiction or venue, and any right to a trial before jury, in any proceeding in these courts. You agree to pay all costs and expenses, including but not limited to, reasonable attorney fees and court costs, for the collection and/or enforcement of any obligation under this agreement, whether or not a lawsuit or arbitration is commenced. Termination This agreement will continue until completion of the services, unless terminated earlier by either party upon 30 days advance written notice. Should either party terminate this agreement prior to the end of the term, you will pay to Lavelle Yoga Fit (LYF) the unpaid portion of fees for services that were performed, plus all unpaid reimbursable expenses. Notwithstanding the previous paragraph, if you intentionally or repeatedly do not abide by these terms, and the situation is not resolved within 10 days of receiving written notification from Lavelle Yoga Fit (LYF), we reserve the right to end the project immediately. You understand that you are engaging Lavelle Yoga Fit (LYF) as an independent contractor. This agreement is not intended to create any partnership, joint venture, co-ownership, agency, or employment relationship between us. Unless Lavelle Yoga Fit (LYF) specifically agrees to, in writing, Lavelle Yoga Fit (LYF) will not act for you as your agent or make commitments for you or on your behalf. Miscellaneous This agreement shall only be amended upon the written approval of both parties. You are not permitted to assign your rights, duties, or obligations under this agreement to any other party without Lavelle Yoga Fit (LYF)'s prior written consent. This agreement constitutes the entire agreement between you and Lavelle Yoga Fit (LYF) with respect to the performance of the services set forth above. This agreement supersedes any previous agreements between these parties relating to the performance of these services. It is a pleasure to have the opportunity to serve you. IF YOU ARE IN AGREEMENT WITH THE TERMS OF OUR ENGAGEMENT: Please type your first and last name in the space provided below. By typing your name here, you agree to all terms and conditions listed herein. BY SIGNING THIS FORM, I UNDERSTAND: It is my responsibility to consult with a physician prior to and regarding my participation in classes, sessions, workshops, events, and other activities associated with Caitlin Lavelle and/or Lavelle Yoga Fit and its affiliates, employees, employers, and owner. I agree to assume full responsibility for any risk, injuries, or damages, known or unknown, which I might incur as a result of my participation in activities with Lavelle Yoga Fit and its affiliates, employees, and owners. I will be responsible for all personal items and will not hold Lavelle Yoga Fit and any of its affiliates, owners and employees or employers responsible for effects in event of loss or theft.