Payment Terms & Conditions 2017-09-30T18:05:10+00:00

SERVICES AND PAYMENT AGREEMENT

 

Congratulations on your choice of health & wellness

This AGREEMENT for Personal Training Services ,

Between Beauty and the Beast Mode LLC   (hereinafter, “Trainer”) and client(hereinafter, Client, payor, ).

 

With the help of your personal trainer, you greatly improve your ability to accomplish your training goals faster, safer, and with maximum benefits. The details of these training sessions can be used for a lifetime. In order to maximize progress, it will be necessary for you to follow program guidelines during supervised and (if applicable) unsupervised training days. Remember, exercise and healthy eating are EQUALLY important! During your exercise program, every effort will be made to assure your safety. However, as with any exercise program, there are risks, including increased heart stress and the chance of musculoskeletal injuries. In volunteering for this program, you agree to assume responsibility for these risks and waive any possibility for personal damage. You also agree that, to your knowledge, you have no limiting physical conditions or disability that would preclude an exercise program. By signing below, you accept full responsibility for your own health and well-being AND you acknowledge an understanding that no responsibility is assumed by Beauty and the Beast Mode LLC  . It is recommended that all program participants work with their personal trainer three (3) times per week and follow the Optavia Program for optimal weight loss results. It is imperative that you follow and track your training and nutrition, as I will not be able to guarantee your results if you deviate from the program. However, due to scheduling conflicts and financial considerations, a combination of supervised and unsupervised workouts is possible.

 

The parties to this Agreement mutually agree as follows:

  1. Trainer is not a medical professional and is without expertise to diagnose medical conditions or impairments. Client agrees to promptly and fully disclose to Trainer any injury, condition or impairment which may have a deleterious effect on or be impacted by this training program and the Trainer’s decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the Client, the Trainer or others shall be conclusive.
  2. Client certifies that: a) He/she is physically capable of participating in a strength, flexibility and aerobic training exercise program and using the equipment associated with such training; and b) he/she is over the age of eighteen (18); and c) he/she has either (I) had a physical examination and been given a physician’s permission to participate in this training program; or (ii) decided to participate in this training program without the approval of a physician.
  3. This training program will involve physical activity and, as appropriate, use of certain equipment and machinery. Such activities may present a risk of injury or even death. Client voluntarily agrees to participate in these activities and to assume all risk of personal injury, death and property damage resulting from such activities, use of equipment, machinery or public or private facilities.
  4. Client agrees on behalf of him/herself and his/her personal representatives or heirs to release and discharge Trainer, his agents, representatives, successors and assigns from any and all claims or causes of actions (known and unknown) arising out of this training program including without limitation injury or loss resulting from Client’s use of any equipment or facilities which break or malfunction.
  5. No implied warranties or representations are made other than those expressly contained herein and this document contains all of the terms of the Agreement between the parties. Trainer expressly notes that results will differ for clients based upon various factors including without limitation; body type, nutrition, etc. and no guarantees of results are possible.
  6. Client may not assign this personal service contract. Trainer may only assign this Agreement to a related entity.
  7. Trainer retains the right to terminate this Agreement for any reason including without limitation to Client’s failure to follow direction or conduct contrary to the interests of this Agreement. In the event of termination as set forth herein, This Agreement may be executed in duplicate and a copy shall be considered as effective as an original. Client and Trainer agree, by their signature on the credit card receipt.

 

By giving your credit card information you agree to the following for your membership selection. I authorize Beauty and the Beast Mode Fitness, to transfer electronic funds on a recurring basis from the checking, savings, or credit card account for the specified above for my membership dues. This authorization is to remain effective until Beauty and the Beast Mode Fitness has collected for all charges assessed in connection with the terms and conditions of your particular Agreement.

 

Membership Term: You acknowledge and agree that you will maintain membership and pay the dues specified above for your contract and agree to pay determined monthly payment amount paid every 4 weeks for the number of payments set by contract terms (minimum of 3). Term of this agreement in the amounts as stated herein regardless of usage or any change of circumstance.

 

Membership Renewal:  After your initial ­­­­­­­contract has expired, this Agreement shall automatically renew at the prevailing membership rate, which is subject to change, until I contact Beauty and the Beast Mode Fitness. I am responsible for all charges billed or incurred prior to cancellation.

 

Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of Client. This Agreement shall be governed and enforced in accordance with the laws of Pennsylvania.

EARLY CANCELLATION OF AGREEMENT: All agreements are binding for the full initial term of the contract and may only be cancelled under doctor’s orders complete with a signed notice. Members canceling an agreement for any other reason will be charged eighty percent (80%) of the remaining balance of their contract.

SUSPENSION OF MEMBERSHIP: A membership can be suspended with written notice 10 days prior to the next payment date. Suspensions must be for a minimum of 2 weeks and a maximum of 3 months. The suspension must have an end date when being scheduled. No open-ended suspensions are permissible with the exception of a signed medical release. The membership suspension monthly fee is $25.

AUTOMATIC PAYMENT AUTHORIZATION: Client hereby authorizes Beauty and the Beast Mode LLC   to charge my credit card, debit card or checking account on a monthly basis  for a minimum of three payments in the amount corresponding to my selected program until I cancel pursuant to the terms of the cancellation policy.

BEAUTY AND THE BEAST MODE LLC   requires 60 days notification to stop automatic debiting. Notification must be in a consultation appointment in order to fill out paperwork to stop automatic debiting. The next regularly scheduled payment falling within 60 days after written notification is submitted may be processed in part or in full for said month determined by account reconciliation and further payments will be terminated for the next scheduled payment date thereafter.

Should the Payor fail to provide sufficient funds for the monthly processing transaction, a $30.00 Non-Sufficient Funds fee shall be applied to the Payor’s account. BEAUTY AND THE BEAST MODE LLC   shall be authorized to automatically debit this amount from the Payor’s account. At the conclusion of this agreement all training and service programs will automatically renew under similar terms and fees. Although fees regularly increase for training and related services, YOUR fees will never increase so long as your enrollment remains uninterrupted.

 

TERMS & CONDITIONS

  • I understand that Beauty and the Beast Mode LLC  operates on a pre-pay basis and all programs must be paid for upfront or part paid for in advance via recurring card payment.
  • I will allow Beauty and the Beast Mode LLC  to bill me via my credit/debit card for the agreed program with a minimum commitment of 3 months automatically.
  • I accept once a deposit or payment is made on a program any money paid is non-refundable unless severe injury or illness happens. Proof of this will have to be given to receive any refunds.
  • I understand if I miss sessions these cannot be carried over into future months.
  • I understand the results from the coaching are only guaranteed if my effort, cooperation and ability to action advice in and out of sessions is completely fulfilled. I acknowledge that individual results may vary.
  • I understand that there are inherent risks in participating in a program of strenuous exercise. If I sustain or claim to have sustained any injury whilst participating in the fitness program, I acknowledge that Beauty and the Beast Mode LLC  is not responsible.
  • I certify that questions outlined on the PAR-Q form are true and complete to the best of my knowledge. I understand and agree that it is my responsibility to inform Beauty and the Beast Mode LLC   of any conditions or changes to my health.
  • Beauty and the Beast Mode Fitness reverse the right to pull you from small group training for safety reasons.

FACILITY USAGE: Failure of a client/member to use BEAUTY AND THE BEAST MODE LLC   Inc. facilities does not relieve the member/client/buyer of member’s/client’s/buyer’s obligation to make monthly payments as outlined in the Agreement For Personal Training & Fitness Services.

REFUNDS: The member/client/buyer acknowledges and agrees that BEAUTY AND THE BEAS TMODE OPERATING COMPANY LLC has earned the membership fee and monthly payments as outlined in this agreement and that notwithstanding any voluntary withdrawal or proper cancellation, suspension of membership or service program or the failure of the client/member to take advantage of the privileges of services/membership for any reason whatsoever. The member shall not be at any time entitled to a refund of all or any part of monies paid and shall remain liable for any part thereof not yet paid at anytime in accordance with any and all program details represented in this agreement.

CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of this Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Beauty and the Beast Mode LLC   shall have all rights and remedies available to it, including termination of this Agreement and institution of legal and collections action for all applicable damages pursuant to this Agreement. If Beauty and the Beast Mode LLC   delays or refrains from exercising any rights under this Agreement, Beauty and the Beast Mode LLC   does not waive or lose those rights.  If Beauty and the Beast Mode LLC   accepts late or partial payments from Client, Beauty and the Beast Mode LLC   does not waive the right to receive full and timely payments and other charges due under this Agreement.

 

CLIENT CONSENT:  Client consents to and releases Beauty and the Beast Mode LLC   from any liability resulting from Beauty and the Beast Mode LLC  , Inc.’s use of Client’s name and likeness in Beauty and the Beast Mode LLC   advertising, promotional and marketing materials, client lists, Web Site, and/or other public relations documents.

 

ARBITRATION AND ATTORNEY’S FEES: Any controversy between the parties arising out of this Agreement that cannot be resolved shall be arbitrated in the State of Pennsylvania. The costs of the arbitration, including, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. In the event that any dispute between the parties should result in arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action or arbitration and shall be paid whether or not such action is prosecuted to judgment.  For purposes hereof, “prevailing party” shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise.  Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate of interest allowed by law.

 

By signing this Agreement, Client acknowledges that Client has read, understood, and agreed with all terms and conditions on both the front and reverse sides of this Agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and Beauty and the Beast Mode LLC  , and independently owned and operated facility. Beauty and the Beast Mode LLC   has made no express or implied warranties or representations other than those expressly set forth in this Agreement.

 

To conduct my business effectively & efficiently the following terms & conditions apply:

  1. Personal training sessions that are not rescheduled or canceled 24 hours in advance will result in forfeiture of the session and a loss of the financial investment at the rate of one session.
  2. Clients arriving late will receive the remaining scheduled session time, unless other arrangements have been previously made with the trainer.
  3. If a client is more than twenty minutes late for a training session and has not notified The Trainer. The Client will be considered a no show and The Client will be charged for the session without participating. If this happens consistently loss of a time slot and / or training may occur.
  4. Rescheduling a session time slot will be accommodated on a first come first serve basis. It is important for a client to have a consistent schedule.
  5. If you need to reschedule occasionally that is okay. However, if it is on a consistent basis it may result in the loss of your time slot.
  6. The expiration policy requires completion of all ala carte personal training sessions within 60 days from the date of the contract. Personal training sessions are void after this time period.
  7. The expiration policy requires completion of all monthly membership personal training sessions within 28 days from the date of the contract. Personal training sessions are void after this time period.
  8. No refunds for personal training or any services provided by Beauty and the Beast Mode LLC   will be issued for any reason, including but not limited to relocation, illness, and unused sessions.

9.You may make-up a missed class in any Small Group Training class provide you early cancel. All make-ups must occur during the current month.

  1. Small Group Personal training sessions that are not rescheduled or canceled 2 hours in advance will result in forfeiture of the session and a loss of one session for that month.
  2. If You sign-up for a Beauty and the Beast Mode Fitness session and fail to show, You forfeit a session for that month.
  3. Clients arriving 10 minutes late may be turned away from that session.

13.Sessions do NOT carry over each month.

  1. Small Group Schedule subject to change without notice.
  2. Service Terms and Agreements subject to change without notice, please see website for the most current version of any policies.

 

I acknowledge that I have read, understood, and agreed with all terms and conditions as outlined in this agreement. By handing over my credit card information I acknowledge that I have read the foregoing, understand it & agree to the terms.

 

updated 8/6/2107

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