Terms and Conditions.
The parties agree to the following terms and conditions:
- Client is engaging ABK for personal training services to be provided by ABK’s Trainer(s). Personal Training sessions will vary depending on overall fitness goals.
- Trainer will create an exercise program geared to Client’s fitness level and
experience in order to meet Client’s objectives.
- Client agrees to sign the attached Informed Consent and Assumption of Risk and Release of Liability.
- Client agrees to inform ABK of any and all conditions, medical or otherwise,
that may affect his/her ability to participate in Training Sessions.
1. Training Sessions.
- Training Sessions may include, but are not limited to, the
following activities: testing of physical fitness; exercise; aerobics and aerobic
conditioning; cardiovascular training; weight lifting and training; and stretching.
2. Training Package and Payments.
- Client is purchasing Training Sessions/ packages at
a rate of (package choice/ agreed on) per Training Session. Client may pay for Training Sessions on a per session basis at the beginning of each session. All Training Sessions must be used within the alloted time given by the Trainier. This will vary based on package(s) chosen.
- The Client will pay any fees required by any facilities where the Training Sessions take place. Any fees charged by facilities are not included in the payments to ABK and are considered separate from this contract.
- Package Specific Payment(s): All package related payments are subject to a 50% down of the total amount prior to training. The remaining amount is due 45 days prior to the end of said package terms (3-months).
3. Cancellation of Training Session.
- An appointment with Trainier is a reservation. If you are unable to keep your appointment, we require at least a 24 hour notice, or a fee of $50 will incur for a last minute no call, no show.
- If you have booked your Trainier for one of the Trainier Suggestion packages you are hereby locked into the total pricing of said package. If you cancel after the initial booked slot/ schedule you are responsible in making sure the remaining amount of the package total is paid within (30) days. A late fee of $50 per day will incure everyday after the (30) days until fully paid.
4. Indemnity.
- Client agrees to indemnify and hold harmless ABK for any injuries,
illnesses, and the like experienced as the result of Client’s Training Sessions.
5. Termination.
- Either Party may terminate this Contract upon (45) days
prior written notice to the other party. In the event of termination by either
Party, ABK shall refund Client all monies paid for any unused Training Sessions.
6. Warranties.
- While ABK fully believes exercise, specifically exercise personalized
to Client, is beneficial to Client’s health and wellness, ABK cannot guarantee the results of Training Sessions. ABK makes 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. ABK strongly encourages Client to follow a healthy diet in conjunction with personal training and continued exercise.
7. 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 ABK and Client.
8. 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.
9. 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 andbinding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Contract.
10. 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.
11. 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.
12. Applicable Law.
- This Contract shall be governed and construed in accordance
with the laws of the state of Arizona.