Please read Full Sun Fitness LLC policy agreements below & sign confirming you have read and understand all components:
POLICY AGREEMENT
Hello! Thank you for trusting Full Sun Fitness with your personal wellness coaching. We are delighted you chose us as a part of your commitment to your overall wellness. With ongoing coaching set forth, you will be able to take all of the tools you learn to build upon your unique wellness journey for the rest of your life. Some of the many wellness items we support and stand beside are healthy guidelines, boundaries, and mutual understanding of one another. In order to kick things off with full transparency, please read through our information and policies before we begin our journey together. Please read and sign this form to acknowledge that you have read and understand the following information. In consideration of the mutual promises exchanged herein and other good and valuable consideration, the parties agree as follows:
COMMITMENT: By purchasing our services, Client is making a commitment to their wellness. Clients are encouraged to follow the mutually decided upon program and instructions of coach to the best of their ability to maximize their results and better achieve their goals. Remember, the ultimate results are up to the Client: Coach will guide Client through how to navigate wellness together effectively. Client is the only one who can make sure they maintain consistency and charge.
SERVICES: Based on your package, coaching may be in person, virtual, or delivered hands-off via pre-made programming, following details agreed upon in initial consultation. Missed coaching sessions: If client misses a scheduled meeting due to non-emergency, the meeting will be missed and payment will still be owed and/or a purchased pass for missed appointment will be used. Meetings are flexible but must be rescheduled with at least 24 hours’ notice. Time should be respected for both client and coach.
PAYMENT: Full Sun Fitness payment is made simple to reduce any barriers for wellness. Client pays per month, per session, or per program, in full, before services are delivered or begin. With once monthly membership payments controlled by the client, flat rate packages, and flat rate coaching sessions, the client is able to choose when to discontinue and this must be done in writing. Full Sun Fitness has a strict no-refund policy. If the client wishes to discontinue, coaching will continue through the end of the paid month or paid package, or when the client chooses to stop or discontinue sessions. In some cases, leftover sessions may be donated to our free training fund if applicable.
GURANTEE: We guarantee that you will be seen, heard, and valued. We guarantee that to the best of our coaching abilities and knowledge, we will empower you to contribute to your overall wellness. We do not guarantee perfection (because it does not exist), nor do we guarantee that every goal you set will be met.
INTELLECTUAL PROPERTY: All plans and forms are the intellectual property of Full Sun Fitness & Nutrition. Information learned as a client from Full Sun Fitness & Nutrition may be shared with others, but plans, documents, and forms may not be.
INFORMED CONSENT
BENEFITS: Participation in a regular program of physical activity has been shown to produce positive changes in a number of bodily systems. These changes include increased work capacity, improved cardiovascular efficiency, and increased muscular strength, flexibility, power and endurance. It is a reality (and hopefully an exciting realization) that our wellness is based on actions we take every single day to move our bodies, eat diverse and nutrient dense foods, and pay respect to ourselves (mind & body) as much as possible and in ways that work for us individually. By becoming a client of Full Sun Fitness, you will benefit from guidance and coaching that will contribute to your daily wellness.
RISKS: I recognize that exercise carries some risk to the musculoskeletal system (sprains, strains) and the cardiorespiratory system (dizziness, discomfort in breathing, heart attack). I recognize that altering nutrition and food variety poses a risk of unfavorable bodily responses. I hereby certify that I know of no medical problem (that I haven’t otherwise stated) that would increase my risk of illness and injury as a result of participation in a regular exercise program and or nutrition program.
TESTING AND EVALUATION RESULTS: I understand that I may undergo evaluations and or fitness and nutritional testing to determine my current physical fitness status (as decided and agreed upon coach and client). The testing may consist of completing health inventory, taking a physical test for cardiovascular fitness, and or being tested for muscular fitness and body composition. I further understand that such screening is intended to provide Full Sun Fitness with essential information used in the development of individual wellness programs. I understand that my individual results will be made available only to me. I also understand that testing is not intended to replace any other medical test or the services of my physician. I will be provided a copy of all test results. I may share the results with whomever I please, including my personal physician. By signing this consent form, I understand that I am personally responsible for my actions during my tenure at Full Sun Fitness, and that I waive the responsibility of this organization if I should incur any injury as a result of my negligence.
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in personal training & nutrition coaching (the "activity"), and as consideration for the right to participate in the activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the activity, and do hereby release and forever discharge Full Sun Fitness, located at 8824 Cavonnier Lane, Charlotte, NC 28216, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned activity, including traveling to and from an event related to this activity.
I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the activity location(s). Nonetheless, i assume all related risks, both known or unknown to me, of my participation in this activity, including travel to, from and during this activity.
I agree to indemnify and hold harmless Full Sun Fitness against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Full Sun Fitness incurs any of these types of expenses, I agree to reimburse Full Sun Fitness.
I acknowledge that Full Sun Fitness and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of full sun fitness & nutrition.
I acknowledge that this activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I acknowledge that I have carefully read this "waiver and release" and fully understand that it is a release of liability. I expressly agree to release and discharge Full Sun Fitness and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Full Sun Fitness for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Full Sun Fitness, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the participant and Full Sun Fitness agree that this agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this release of liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.