Program and Policy Agreement & Release and Waiver of Liability and Indemnity
** Please read the following, if anything is unclear, please ask. This agreement is made today between Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, and the person named at the end of this document, [the client]. It is recommended to every person prior to joining in a physical fitness or nutrition program whether online or in person, that he/she undergo a complete physical examination by their physician.
Scheduling: I understand that my clients have busy schedules and I take pride in not keeping them waiting or keeping them longer than planned. Each regular session will end 50 minutes after it was scheduled to begin. Please be on time out of consideration for my time and your fellow training partners time, if applicable. If you are late it cuts into your session time so prompt arrival is important to get the most out of the training. Session times cannot be extended if you arrive late.
Photos/Videos/Testimonials & Reviews:I authorize Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, to have and use testimonials & reviews written by myself as well as photographs & videos taken of myself by Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, for marketing and/or advertising purposes on social media, website, fliers, and any other advertising outlets, and I hereby consent to and authorize such use without seeking remuneration.
Cancellation Policy:
Individual training clients: If the client needs to cancel or reschedule the session, the Client must do so 48 hours in advance; otherwise, the Client will be charged for their session. Exceptions may be granted for sudden emergencies if Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, deems appropriate. If I, Katie Berrey, ever need to cancel or reschedule a session, you will not be charged, or you will be refunded/credited if you have pre-paid. Pre-planned absences will not be charged.
Small group training clients: Your training sessions are paid monthly based on the number of sessions in that month. The fee is recurring to secure your spot unless you choose not to sign up for the following month. There are no refunds/credits for not attending your scheduled sessions. If I need to cancel a session, you will be credited for it the following month. If you attend a coach-less session due to a last minute change you will be credited half of the session cost the following month. If you attend a pre planned coach-less session when I am on vacation you will be charged half price for the coach-less days. These will only happen for clients who have been properly trained in all movements to ensure safety. Cardio boxing will not happen coach-less. ***If you know you will be missing 2 or more weeks in a row for pre planned obligations, please contact me to discuss a possible 1/2 month payment option to keep your spot secured***
Online clients: Upon starting services, a 3 month contract is required. You can pay monthly, or all up front. If paying monthly you will be required to keep a credit card on file in case of non payment. After your three month commitment, you can do month to month services without commitment. If you cancel during the first three months, you are still required to pay the remainder of your 3 month contract. After that, if you will not be continuing the following month, a 7 day notice is required as I need time to fill your spot, otherwise you will be charged. ***If you are not going to continue the following month, a 7 day notice is required as I need time to fill your spot, otherwise you will be charged.
Payments and Refunds: Payment for your session must be completed prior to the session. If you are unpaid, you will need to do so before attending your scheduled session. All clients both in person and online are billed prior to the beginning of each month. Payment is due on the 1st, and you have until your session or program is due to complete payment. If unpaid by the 5th, a $15 late fee will be added to your bill, and you will accrue another $15 in late fees every 5 days until payment is complete. For online clients, payment must be completed before program is sent. Personal training clients may also choose to pay per session, rather than paying a month at a time. Please discuss these options with Katie if you need accommodations. If discussed beforehand, there are exceptions to paying late.*Payments can be made via cash, check, Venmo, PayPal, or via emailed invoice unless otherwise stated above. Please let me know your preferred payment method of choice in advance.*
Disclaimers: The Client understands that the role of Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, is not to provide health or medical care, medical services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, is a mentor and guide who has been trained in holistic health coaching, nutrition coaching and fitness coaching/training to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, is not acting in the capacity of a doctor, licensed/registered dietician, psychologist or other licensed or registered professional, and that any advice given by Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, is not meant to take the place of advice by these professionals. If the Client is under the care of a healthcare professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. The Client has chosen to work with Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, and understands that the information received should not be seen as medical or nursing advice and is not meant to take place of seeing licensed health professionals.
Personal Responsibility and Release of Health Care Related Claims: The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this program. The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, exercises and all fitness related guidance and the risks inherent in making lifestyle changes with any in person or online coaching. The Client releases Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual.
Confidentiality: Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled by law.
Arbitration, Choice of Law, and Limited Remedies: In the event that there ever arises a dispute between Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, and the Client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client. This agreement shall be construed according to the laws of the State of CA. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force. If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, the Client acknowledges that: (1) he/she has received a copy of this letter agreement; (2) he/she has had an opportunity to discuss the contents with Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, and, if desired, to have it reviewed by an attorney, and (3) the client understands, accepts and agrees to abide by the terms hereof.