AGREEMENT TERMS & CONDITIONS
1. “CLUB” is defined as Anytime Fitness Kapolei. “Client” and “Buyer” are defined as the person named at the start of this agreement under “Member Name”
2. Coaching: If member selects the Coaching option they will have the option to receive a MyZone heart rate monitor, 12 Evolt Scans per year, a membership to EatLove, access to the Anytime Fitness App and Workouts App and a meeting with a coach of Anytime Fitness Kapolei every 4-6 weeks to review and plan the member’s progress. Services will be available to the member and it is up to the member to use these services. No refunds or early terminations of contracts will be given for non usage. Anytime Fitness reserves the right to replace or substitute any of the services under this agreement with another similar service at their discretion.
3. Training: If member selects the Training option they will have the option to receive a MyZone heart rate monitor, 12 Evolt Scans per year, a membership to EatLove, access to the Anytime Fitness App and Workouts App and a meeting with a coach of Anytime Fitness Kapolei every 4-6 weeks to review and plan the member’s progress. They will also have the option to attend all Team Training sessions hosted by Anytime Fitness Kapolei provided that they have booked at least 24 hours in advance and there is available capacity in the session they wish to attend. Anytime Fitness Kapolei reserves the right to cancel any and all scheduled sessions and bookings within each session. No-show for a booking may result in all future bookings being cancelled and may also results in restrictions on how many sessions a member may have booked at any one time. Services will be available to the member and it is up to the member to use these services. No refunds or early terminations of contracts will be given for non usage. Anytime Fitness reserves the right to replace or substitute any of the services under this agreement with another similar service at their discretion.
4. All the information as above set forth is true and correct. I have disclosed any and all facts and information which would limit or prohibit my personal training program, other than has been set forth herein.
5. Buyer shall be obligated for all Coaching and Training services, regardless of whether he/she uses the CLUB facilities or services, until such time as Buyer has given notice of terminations stipulated and has paid all amounts due, including any costs associated with terminating this agreement.
6. I understand that I must be a member in good standing with CLUB at all times while I am participating in my personal training program.
7. I understand the risk of injury from CLUB activities and using any CLUB equipment is significant, including the potential for permanent paralysis and death, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is an UNSUPERVISED FITNESS CENTER and I assume all risks associated with using exercise equipment and exercising alone without the aid and presence of CLUB staff on the premises. I understand that Anytime Fitness® is a trademark of Anytime Fitness, LLC. that has been licensed to this CLUB and that this CLUB is independently owned and operated by JC Fitness LLC. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Anytime Fitness, LLC., ABC FINANCIAL SERVICES, INC., AND THE OWNERS OF ALL CLUBS WITHIN THE ANYTIME FITNESS SYSTEM, as well as all sponsors and advertisers, and all owners and lessors of the premises of such clubs, and their respective officers, affiliates, agents and employees WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, LOSS OR DAMAGE to person or property that may arise out of or in connection with my use of any of the equipment or the facilities of the CLUB of any other Anytime Fitness club, or any incident that occurs while using such facilities, or otherwise related to my membership. I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that the CLUB is relying on this release in agreeing to enter into this Agreement. I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
8. All sales are final and there are no cash refunds. All pre-paid personal training sessions are non-refundable and non-transferable.
9. CLUB reserves the right to provide a substitute trainer in the event the original scheduled trainer is unavailable.
10. All personal training will be undertaken at the CLUB facilities and during the CLUB’s hours of operation unless otherwise specified by the CLUB.
11. Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU MAY BE CHARGED A LATE FEE. AN ADDITIONAL SERVICE FEE WILL BE CHARGED FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. If the Member is paying monthly dues by electronic funds transfer (EFT), the club’s billing company, ABC Financial Services, Inc., reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law.
12. BY SIGNING THIS AGREEMENT BUYER ACKNOWLEDGES THAT BUYER HAS READ AND RECEIVED A FILLED IN AND COMPLETED COPY OF THIS AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES. CLUB HAS MADE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT TO INDUCE BUYER TO ENTER INTO THIS AGREEMENT. ANY CONFLICT BETWEEN THE ORIGINAL AGREEMENT AND ANY COPY OF THE ORIGINAL AGREEMENT SHALL BE CONTROLLED BY THE ORIGINAL AGREEMENT.