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3. BILLING & PAYMENT
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3.1 Billing Cycle
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Services are billed on a monthly subscription basis. Each billing cycle covers the calendar month (1st through last day of the month). The first payment is due upon signing this Agreement and covers the remainder of the current calendar month on a prorated basis if applicable. Both the payment amount and the number of sessions provided in the first partial month will be prorated based on the number of remaining days in the billing cycle. Subsequent payments are due on the 1st of each month.
3.2 Payment Methods
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Trainer accepts the following payment methods:
• Zelle
• Venmo
• Credit/Debit Card on file
Payment instructions will be provided by Trainer at the time of onboarding.
3.3 Late Payments
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Payments not received within 3 days of the billing due date (i.e., by the 4th of each month) are considered past due. Trainer reserves the right to suspend scheduled sessions until the outstanding balance is resolved. Trainer will make a reasonable effort to notify Client of any missed payment before suspending services. In the event of repeated late payments, Trainer reserves the right to issue a written notice. After two (2) written notices within any 6-month period, Trainer may require the Client to place a credit or debit card on file for automatic billing, or terminate the Agreement with 30-day written notice.
3.4 Session Count
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Monthly sessions are calculated based on the selected plan frequency:
• 1x/Week Plan: 4 sessions per calendar month
• 2x/Week Plan: 8 sessions per calendar month
Session counts are fixed per month and do not vary based on the number of weeks in the calendar month. Unused sessions do not carry over to the following month.
3.5 Plan Changes
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Requests to change the training frequency plan (upgrade or downgrade) must be submitted in writing to the Trainer no later than 7 days before the next billing date. Plan changes take effect at the start of the following billing month. No prorated credits or charges will be applied for mid-month requests.
3.6 Non-Transferability
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Training sessions and subscription services are personal and non-transferable. Sessions may not be gifted, assigned, or shared with any other individual. This Agreement applies solely to the named Client. Each training plan is limited to one (1) participant per session. Additional individuals may not participate in sessions without prior written approval from Trainer. Approved additional participants may be subject to an additional fee as agreed upon in writing. Access to any digital training platform (e.g., Everfit) provided by Trainer is for the named Client’s personal use only. Sharing login credentials or program content with any third party is prohibited. Trainer reserves the right to revoke platform access if misuse is discovered, without refund.
3.7 Billing Disputes
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In the event of a billing concern or dispute, Client agrees to contact Trainer directly in writing prior to initiating any chargeback or payment dispute with their financial institution. Trainer will make a good faith effort to resolve the issue within 5 business days. Chargebacks initiated without prior written notice to Trainer may be considered a material breach of this Agreement.
3.8 Receipts & Invoices
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Upon request, Trainer will provide a written receipt or payment summary for services rendered. Receipts will reflect the service description, dates, and amount paid. Client is responsible for determining the eligibility of services for FSA, HSA, or any other reimbursement program with their plan administrator.
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4. SCHEDULING & CANCELLATIONS
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4.1 Session Scheduling
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Client and Trainer will agree on a recurring weekly schedule at the start of each month. Trainer will make reasonable efforts to accommodate scheduling adjustments when given adequate notice.
4.2 Holiday Closures
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Trainer observes all U.S. federal holidays and will not conduct training sessions on the following dates each year:
• New Year’s Day – January 1
• Martin Luther King Jr. Day – 3rd Monday in January
• Presidents’ Day – 3rd Monday in February
• Memorial Day – Last Monday in May
• Juneteenth National Independence Day – June 19
• Independence Day – July 4
• Labor Day – 1st Monday in September
• Columbus Day – 2nd Monday in October
• Veterans Day – November 11
• Thanksgiving Day – 4th Thursday in November
• Christmas Day – December 25
When a scheduled session falls on a recognized holiday, Client may choose to (a) schedule a makeup session within 14 days of the holiday at a mutually agreed-upon time, or (b) skip the session with no makeup. There is no cap on the number of makeup sessions offered due to holiday closures. Makeup sessions must be requested by the Client and are subject to Trainer’s availability. Trainer will provide a full holiday schedule to each Client at the start of each calendar year.
4.3 Client Cancellation & Rescheduling
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Client must provide at least 24 hours advance notice to reschedule or cancel a session without penalty. Notification must be sent directly to Trainer via text, phone, or email.
Late Cancellation Policy:
Each Client receives one (1) courtesy late cancellation per calendar month. A late cancellation is any cancellation or reschedule request made with less than 24 hours notice.
After the courtesy cancellation has been used, any subsequent late cancellation within the same calendar month will result in that session being forfeited with no makeup offered.
No-shows (Client is unreachable or not present at the scheduled session time) are treated as late cancellations and are subject to the same policy.
Courtesy late cancellations reset on the 1st of each calendar month.
4.4 Trainer Cancellations
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In the event Trainer needs to cancel a scheduled session, Trainer will provide as much advance notice as reasonably possible. The Client will incur no penalty and the session will be rescheduled at no charge at a mutually agreed-upon time. Trainer cancellations do not entitle the Client to a cash or prorated refund; a rescheduled makeup session is the sole remedy.
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5. SUBSCRIPTION PAUSES & CANCELLATIONS
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5.1 Pausing Service
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Client may request a temporary pause of their subscription under the following conditions:
A pause request must be submitted at least 7 days before the next billing date to take effect for that billing cycle.
A pause may last a maximum of one (1) calendar month. Pauses beyond one month are treated as a cancellation (see Section 5.2).
Billing is suspended for the duration of an approved pause. The subscription automatically resumes and billing restarts at the end of the pause period.
Pauses are available for situations such as extended travel, illness, or injury. Trainer reserves the right to approve or deny pause requests at their discretion.
A maximum of two (2) pauses are permitted per calendar year. In cases of documented medical injury or illness that prevent training beyond the standard pause period, Trainer may at their sole discretion grant an extended pause. Extended pause requests must be submitted in writing and may require reasonable supporting documentation (e.g., a doctor’s note). Billing will resume at the end of any approved extended pause period.
5.2 Cancellation
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Either party may cancel this Agreement by providing 30 days written notice to the other party. For purposes of this Agreement, "written notice" means communication delivered via email or text message to the contact information on file. Notice is deemed received when sent.
If Client cancels, they remain responsible for the monthly payment covering the 30-day notice period.
If Trainer cancels, Client will receive a prorated refund for any prepaid sessions that fall outside the 30-day notice period.
There is no minimum commitment period. Client may cancel at any time with the required 30-day notice.
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6. TRAINING LOCATION & ACCESS
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Client acknowledges the following terms regarding training location:
At Client's Home:
Client is responsible for ensuring a safe, reasonably clear space of adequate size for training activities prior to each session.
Client agrees to grant Trainer access to the premises at the agreed-upon session time.
In-home sessions are available for addresses within 20 miles of Trainer's facility. If a Client relocates outside this radius, Trainer will provide reasonable notice and may require a transition to gym-based training. If a Client relocates beyond the 20-mile service radius mid-subscription, in-home sessions will cease at the end of the current billing month. No prorated refund will be issued for the current month. The Client may transition to gym-based training or cancel the Agreement with the standard 30-day written notice.
At Trainer's Gym:
Client agrees to arrive on time for scheduled sessions. Sessions will begin and end at the scheduled time regardless of late arrival.
Client agrees to conduct themselves in a respectful and safe manner while on Trainer's premises.
6.3 Alternate Locations
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Training sessions are conducted at the Client’s home or Trainer’s gym facility as selected at the time of enrollment. Training at any alternate location (e.g., public park, community center, or other facility) requires prior written approval from Trainer before the session is scheduled. Trainer reserves the right to decline alternate location requests and may apply additional terms or fees for approved alternate locations.
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7. HEALTH, LIABILITY & ASSUMPTION OF RISK
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Client confirms they have completed a PAR-Q+ health screening form and a Liability Waiver as part of the onboarding process. By signing this Agreement:
Client represents that they are in adequate physical health to engage in exercise and personal training. Client further represents that they are at least 18 years of age. Trainer reserves the right to request proof of age and to terminate this Agreement immediately if this representation is found to be inaccurate.
Client agrees to immediately inform Trainer of any injury, illness, or change in health status that may affect their ability to safely participate in training. In the event of an injury occurring during a session, any request for a refund or session credit will be considered on a case-by-case basis at Trainer’s sole discretion. No refund is guaranteed.
Client acknowledges that physical training involves inherent risks and voluntarily assumes those risks.
Trainer maintains general liability insurance for the operation of this business and agrees to keep such insurance in force for the duration of this Agreement. In the event of a covered claim, Trainer’s total liability to Client shall not exceed the applicable limit of Trainer’s insurance policy in effect at the time of the incident. Nothing in this Agreement shall be construed to limit Trainer’s liability below what is required under Georgia law, including O.C.G.A. § 51-1-29.1.
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8. GENERAL TERMS
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8.1 Governing Law
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This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. Any legal action or proceeding arising under or related to this Agreement shall be brought exclusively in the state or federal courts located in Fulton County, Georgia, and both parties hereby consent to the personal jurisdiction of such courts.
8.2 Entire Agreement
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This Agreement, together with the completed PAR-Q+ form, Liability Waiver, and Client Intake Form, constitutes the entire agreement between the parties and supersedes any prior verbal or written understandings. By signing this Agreement, Client confirms that they have received, read, and signed all required onboarding documents, including the PAR-Q+ health screening form, Liability Waiver, and Client Intake Form, prior to participating in any training session. All signed onboarding documents are retained digitally via JotForm and backed up locally by Trainer. Copies are available to Client upon written request.
8.3 Modifications
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Trainer may update the terms of this Agreement with at least 30 days written notice to Client. Continued participation in services after the notice period constitutes acceptance of the updated terms. If Client does not wish to accept the updated terms, they may cancel the Agreement in accordance with Section 5.2.
8.4 Severability
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If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
8.5 Automatic Renewal
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This Agreement automatically renews on a month-to-month basis on the 1st of each calendar month unless cancelled by either party in accordance with Section 5.2. No separate action is required by either party to renew. Continued participation in services and acceptance of billing constitutes acknowledgment of renewal under the terms of this Agreement. To avoid being billed for a renewal month, written notice of cancellation must be received at least 30 days before the 1st of that month. For example, to avoid a February 1st charge, notice must be received no later than January 1st. If notice is received after that date, the renewal month’s payment remains due and services will continue through the end of that billing month.
8.6 Material Breach
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A “material breach” of this Agreement includes, but is not limited to: (a) non-payment of fees due for more than 10 days past the billing date; (b) initiation of a chargeback or payment dispute without prior written notice to Trainer as required by Section 3.7; (c) misrepresentation of age or health status; (d) unauthorized recording or distribution of session content in violation of Section 8.11; (e) sharing of digital platform credentials in violation of Section 3.6; or (f) conduct that creates an unsafe environment during a session. Upon a material breach by Client, Trainer may terminate this Agreement immediately and without refund, following written notice to Client identifying the breach. Client shall have 5 business days to cure any breach that is capable of being remedied before termination takes effect. During the cure period, Trainer reserves the right to suspend scheduled sessions at their sole discretion until the breach is resolved. Trainer’s decision to suspend or continue sessions during the cure period shall not be construed as a waiver of any rights under this Agreement.
8.7 Insurance & Indemnification
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Trainer maintains general liability insurance coverage for the operation of this personal training business. Client is encouraged to maintain their own health and accident insurance coverage throughout the term of this Agreement. Client agrees to indemnify, defend, and hold harmless Trainer and Brass Nail Wellness, LLC from and against any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising out of or related to: (a) Client’s breach of this Agreement; (b) Client’s negligence or willful misconduct during a session; or (c) any injury sustained by a third party caused by Client’s actions during training. This indemnification does not apply to claims arising from Trainer’s own negligence or willful misconduct. Trainer agrees to indemnify, defend, and hold harmless Client from and against any claims, damages, losses, or expenses arising directly from Trainer’s own gross negligence or willful misconduct in the delivery of training services.
8.8 Intellectual Property
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All training programs, workout plans, session notes, assessments, progress data, and related materials created by Trainer in connection with this Agreement are the sole intellectual property of Trainer and Brass Nail Wellness, LLC. Client may use such materials for their own personal fitness purposes during the term of this Agreement. Client may not reproduce, distribute, publish, resell, or share Trainer’s programming or materials with any third party, in whole or in part, without prior written consent from Trainer. Client retains ownership of their own personal health data and may export or retain copies of their information at any time.
8.9 Force Majeure
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Neither party shall be held liable for failure or delay in performing their obligations under this Agreement if such failure or delay is caused by circumstances beyond their reasonable control that could not have been anticipated or avoided through reasonable diligence, including but not limited to acts of God, natural disasters, severe weather, government-mandated closures, or declared public health emergencies (“Force Majeure Event”). For clarity, Force Majeure does not include routine personal illness, scheduling conflicts, or other foreseeable personal circumstances, which are addressed under the cancellation and rescheduling provisions of this Agreement. In the event of a Force Majeure Event, the affected party shall provide written notice to the other party as soon as reasonably practicable. Billing may be suspended for the duration of a Force Majeure Event that prevents Trainer from delivering services. Sessions lost due to a Force Majeure Event will be rescheduled or credited at Trainer’s discretion once normal operations resume. A Force Majeure Event does not excuse Client’s payment obligations for services already rendered.
8.10 Dispute Resolution & Mediation
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In the event of a dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter through good faith negotiation via written notice. If the dispute is not resolved within 15 days of written notice, either party may request non-binding mediation administered by a mutually agreed-upon mediator in Fulton County, Georgia. The cost of mediation shall be shared equally between the parties. Both parties agree to participate in mediation in good faith. A party’s unreasonable refusal to participate in mediation after a properly submitted request may be treated as a material breach of this Agreement. If mediation is unsuccessful or refused, either party may pursue their available legal remedies in the courts of Fulton County, Georgia as provided in Section 8.1. Nothing in this section prevents either party from seeking emergency injunctive relief from a court of competent jurisdiction.
8.11 Recording & Media
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Client may not audio or video record any training session without prior written consent from Trainer. Recording of sessions at Trainer’s facility is strictly prohibited without explicit permission. Client agrees not to post, publish, or distribute any recording, image, or likeness of Trainer or Trainer’s facility on social media or any other platform without prior written consent from Trainer. Violation of this policy may result in immediate termination of this Agreement without refund.
8.12 Referral Policy
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No referral discounts, credits, or complimentary sessions are offered unless explicitly confirmed in writing by Trainer prior to the referral. Verbal representations or assumptions regarding referral rewards are not binding on Trainer.
8.13 Data Privacy & Record Retention
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Trainer collects and retains certain personal and health-related information from Client, including but not limited to contact information, health screening data, fitness assessments, session notes, and payment records. This information is collected solely for the purpose of delivering and administering personal training services. Trainer will not sell, rent, or share Client’s personal information with third parties except as required by law or as necessary to process payments. Client information is stored securely via JotForm (digital form submissions) and local backup maintained by Trainer. Trainer retains Client records indefinitely following the termination of this Agreement for business and legal recordkeeping purposes. Client may request a copy of their personal data on file at any time by submitting a written request to Trainer.
8.14 Trainer’s Right to Terminate
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In addition to termination for material breach under Section 8.6, Trainer reserves the right to terminate this Agreement at any time and for any reason by providing Client with 30 days written notice. In such cases, Client will receive a prorated refund for any prepaid sessions that fall within the period after the notice date. This right of termination is in addition to, and does not limit, Trainer’s right to terminate immediately upon a material breach under Section 8.6.
8.15 Limitation of Consequential Damages
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To the fullest extent permitted by applicable law, in no event shall Trainer or Brass Nail Wellness, LLC be liable to Client for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement or the services provided hereunder, including but not limited to lost wages, lost income, loss of enjoyment, or emotional distress, even if Trainer has been advised of the possibility of such damages. Client’s sole remedy for any claim arising under this Agreement shall be limited to direct damages not exceeding the total amount paid by Client to Trainer in the two (2) months preceding the event giving rise to the claim.
By signing below, both parties agree to the terms and conditions set forth in this Agreement.