TERMS AND CONDITIONS
1. The parties agree to the following terms and conditions:
a) Client is engaging MacDonald Boxing and Fitness and/or nutrition coaching services to be provided by James MacDonald at MacDonald Boxing and Fitness.
b) Trainers at MacDonald Boxing and Fitness will create an exercise program geared to Client’s fitness level and experience in order to meet Client’s objectives.
c) Client agrees to sign the Informed Consent and Assumption of Risk and Release of Liability.
d) Client agrees to inform James at MacDonald Boxing and Fitness and Trainer(s) of any and all conditions, medical or otherwise, that may affect his/her ability to participate in training sessions.
1.2. Training Sessions. Training Sessions may include, but are not limited to, the following activities: testing of physical fitness; exercise; aerobics and anaerobic conditioning; cardiovascular training; weight lifting and training; and stretching. Boxing.
1.3 Termination. MacDonald Boxing and Fitness requires a 30 day written notice for cancellation of service.
1.4 Payment. If doing classes/membership a direct debit will be issued upon signing up. Or if doing personal training MacDonald Boxing and Fitness requires payment to be made after training session. In the event payment cannot be made on the day, an invoice will be sent.
1.5 Cancellation/Rescheduling.. * All appointments for Personal Training will be scheduled directly between the personal trainer and the client.
* Subsequently, if a client has to cancel or reschedule any previously scheduled appointments, the client must contact the Personal Trainer directly at least 12 hours in advance of the scheduled appointment.
1.6 If a client does not cancel or reschedule an appointment at least 12 hours in advance, MacDonald Boxing and Fitness reserves the right to charge a cancellation fee equivalent to a full personal training fee that would normally be charged for that training session. If a client is on a PT package - one PT session will be taken due to cancellation.
1.7 If a client fails to appear for a scheduled appointment, MacDonald Boxing and Fitness reserves the right to charge a no show fee equivalent to the Personal Training fee that would have been charged for the training session.
1.8 All cancellations must be made 12 hours in advance by phone, text or email directly to the trainer.
Personal Training Package Refunds Policy
1.9 When Personal Training Sessions are purchased in a “pack” – no refund will be offered for unused sessions. The discounted price per session is based on the whole package price.
1.10 Appropriate attire must be worn. Safety is a priority. MacDonald Boxing and Fitness requires Client to wear suitable clothes and enclosed shoes during Client’s training session.
1.11 Indemnity. Client agrees to indemnify and hold harmless MacDonald Boxing and Fitness and its Trainer(s) for any injuries, illnesses, and the like experienced as the result of Client’s training sessions.
1.12 Warranties. While MacDonald Boxing and Fitness and its Trainer(s) fully believe exercise, specifically, exercises personalised to Client, is beneficial to Client’s health and wellness, James at MacDonald Boxing and Fitness and its Trainer(s) cannot guarantee the results of training sessions. MacDonald Boxing and Fitness and its Trainer’s make no representations and/or warranties that 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. MacDonald Boxing and Fitness and its Trainer(s) strongly encourage Client to follow a healthy diet in conjunction with training and continued exercise.
1.13 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 MacDonald Boxing and Fitness and Client.
1.14 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.
1.15 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 all over the world. The Parties each represent that they have the authority to enter into this contract.
1.16 Severability. If any provision of this contract shall be held to be invalid or unenforceable for any reason, 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 would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
1.17 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.
1.18 Applicable Law. This contract shall be governed and construed in accordance with the laws of the state where the Property is located, without giving effect to any conflicts of law’s provisions.
1.19 A pre screening fitness examination may take place by a Trainer at MacDonald Boxing and Fitness. This will be done to allow MacDonald Boxing and Fitness to track your progress. The information in the screening will be kept on file. The information will remain private between client and Trainer at MacDonald Boxing and Fitness.
BY SIGNING BELOW, THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS CONTRACT AND THAT THE CLIENT IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT. THE CLIENT SHOULD NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THIS CONTRACT AT THE TIME YOU SIGN IT.
INFORMED CONSENT AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY
2. This Informed Consent and Assumption of Risk and Release of Liability is material to the Personal Training Contract and is incorporated herein by reference.
2.1. Client certifies that he/she is of adequate physical condition to participate in physical exercise.
2.2. Client certifies that he/she assumes the risk of physical injury, whether minor, severe, or otherwise.
2.3. Client certifies that he/she will disclose to Trainer whenever suggested activities cause distress beyond Client’s threshold.
2.4. Client certifies that he/she will not hold MacDonald Boxing and Fitness or its Trainer(s) liable for any physical injury, whether minor, severe, or otherwise that result from Training Sessions.
2.5. Client certifies that he/she assumes all responsibility for his/her participation in the training sessions.
I AM IN GOOD PHYSICAL AND MENTAL HEALTH AND DO NOT SUFFER FROM ANY HANDICAPS OR PHYSICAL CONDITIONS THAT COULD CONSTITUTE A DANGER TO MYSELF OR OTHERS AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES, AND I ACCEPT TO PARTICIPATE IN THE ACTIVITIES FREELY.
MACDONALD BOXING AND FITNESS CULTURE POLICY
3. Creating a culture, atmosphere, and experience that produces incredible change and inspiration for MacDonald Boxing and Fitness's Clients will continue to be one of the highest priorities.
3.1. It is expected that all members are committed to and help develop this culture.
3.2. It is expected that you are positive on all fronts.
3.3. Negative talk about yourself or others will not be tolerated. We change lives with positive, motivating and encouraging words and actions.
3.4. If at any point you have concerns regarding your MacDonald Boxing and Fitness experience please let us know. We will handle the situation as quickly as possible. We welcome and encourage your feedback.
3.5. We actually care about each of our clients, and we want to help you!
3.6. Understand that your Trainer/Coach has your best interest in mind. Listen to your coach, follow their recommendations and rely on their expertise to get you great results.
3.7. You must understand that it is entirely up to you to put in the work needed to get amazing results. We ask that you follow our fitness and nutrition coaching plan, listen to your coaches, give 100% effort during your training sessions and get to at least 90% of your scheduled sessions for best results.
3.8. Our experience has shown that consistency, progression, and priority is the keys to your success. Be consistent with your training and nutrition, always try to get better and make it a priority to get results. If you do these three things, you will be well on your way to success.
If this waiver is delivered by any electronic means whatsoever and said delivery shall be of the same force and effect as the delivery of an original signature.