3. TERM. All Client terms for each agreement with M6 are equal to the payment term chosen above. All payments are due in advance and as outlined in section 2 above. No refunds will apply. For any recurring services that payment and agreement terms will renew for the same term exactly ten (10) calendar days before the expiration date. Any agreement may be cancelled with exactly ten (10) days written notice, either by certified mail, hand-delivery to the management of M6, or by electronic means, either electronic mail or via any online forms. Cancellation verbally or via text messaging is not accepted.
4. CLIENTS ACCESS. Client will have access to the building only when occupied by an employee of M6. During that time Client, will be entitled to enter the premises and enjoy the use and benefit of the facilities of M6 (collectively, the "Facility"). Client agrees not to allow any other person(s) access to the Facility without expressed written consent from M6.
5. FACILITY AND HOURS OF OPERATION. The Facility is a manned fitness facility and, except for any closures for maintenance or any mandatory shutdowns by property management or any governmental authority, is open per the days, times and dates posted on its website
6. GROUP PERSONAL TRAINING. M6 is an unlimited group personal training facility, providing group classes designed around its proprietary processes while providing individualized training in the context of the group setting. The processes and structure of the training is outlined in the related, CORE6 Process Guide, which is incorporated herein by reference. M6 may, at its sole discretion, alter the CORE6 Process Guide at any time and without notice or consent from the Client.
7. ONE on ONE PERSONAL TRAINING: Should Client wish to decide for individualized additional One on One Personal Training services with an M6 trainer Client may do so under this agreement and per the fees outlined in this agreement and the CORE6 Process Guide. YourCORE6 Personal Training requires an agreed upon schedule and making up of any days missed is at the sole discrection of M6. No refunds or credits, or accumulation of days missed will be allowed for any recurring YourCORE6 Personal Training Services.
8. M6 AUTHORIZED TRAINER RESPONSIBILITIES:
a. Will perform as a personal trainer in instruction, fitness assessment, exercise programming and motivation.
b. Will maintain (and provide if necessary) a monthly log of training hours used.
c. Will give client at least 24 hour’s notice of any necessary schedule changes, and reschedule any missed sessions with client.
d. Will stay current with applicable professional certifications.
e. Will arrive on time at scheduled session and provide an un-interrupted workout.
9. CLIENT RESPONSIBILITIES:
a. Has and will accurately and honestly complete health history.
b. Will promptly inform trainer of any change in medical condition or of any new injury.
c. Agrees to allow Trainer to contact Client’s personal physician and/or obtain medical records when necessary.
d. Will give Trainer at least 24 hours notice to reschedule any appointment. If 24-hour notice is not given, session will not be rescheduled unless dire emergency or illness. This will count as client forfeiture.
e. Will comply with advance scheduling and payment policies as set forth below.
f. Will be ready to workout when Trainer arrives and give Trainer un-interrupted attention.
10. RELEASE, LIMITATION AND WAIVER OF LIABILITY. Client recognizes that there are hazards and risks connected with physical fitness training. These risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress fracture, shin splints, tendonitis, cartilage tears, bursitis, back pain and bruising of joints. Exercise beyond one's physical limits and/or accidents involving exercise equipment may result in serious injury or even death. Client agrees to defend, indemnify and hold harmless M6 against any loss, damage or expense incurred because of any claim or liability based upon personal injury (including death) or property damage arising out of the negligent or intentional action of Client. Client further agrees to release M6 and its owners, officer, agents, employees and/or affiliates from all liability arising out of injury to Client, and further agrees to defend, indemnify and hold M6, its owners, officers, employees and/or affiliates free and harmless from against the same. Client acknowledges that surveillance cameras are in use for the protection of the Facility, its equipment and its Clients. Client hereby consents to being photographed and/or recorded for such purposes.
Unless expressly stated otherwise in this agreement; M6 makes no warranties or guarantees regarding the Services. In the event M6 is found liable to Client for any damages in connection with this Agreement, Client agrees that M6's liability shall be limited as follows:
a. Delay; Interruption; Non-Delivery: M6 shall not be liable to Client for damages resulting from any delays, mis-deliveries, or non-deliveries of Services, or from any interruptions in Services.
b. Selection and Use of Services: Client shall be solely responsible for the selection, use and suitability of the Services, and M6 shall have no liability for any damages in connection therewith.
c. Damages Caused by Third Parties: M6 shall not be liable to Client for any damages caused by third parties.
d. Forces of Nature: M6 shall have no liability for delay or failure in performance of Services due to Force Majeure, which shall mean acts of God, lightning, other weather damage (including but not limited to wind, rain, earthquake, flooding or hail), power anomalies, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, acts of terrorism or other occurrences which are beyond M6’s control.
e. Damages Caused by Discontinuation of Services: M6 shall not be liable to Client for any damages resulting from M6's discontinuation of Services pursuant to Paragraph 1 of this Agreement.
f. No Consequential Damages: In no event shall M6 be liable to Client for any type of incidental, indirect, special, reliance, or consequential damages of any kind, even if advised of the possibility of such loss, arising from or related to this Agreement, whether based on breach of contract, breach of warranty, negligence, indemnity, or any other theory of liability.
g. Maximum Aggregate Liability: Notwithstanding anything else to the contrary contained in this Agreement or any applicable documents incorporated or made reference herein, M6's maximum aggregate liability to Client for any claim related to, or in connection with this Agreement or any shall be limited to the lesser of (i) the amount of fees actually paid to M6 by Client for the Service involved in the claim (i.e., a refund), or (ii) the total amount of fees actually paid by Client to M6 under this Agreement during the 3 months immediately preceding the event giving rise to the claim
11. RULES AND REGULATIONS. Client acknowledges that M6 operates under rules and regulations established for the safety and protection of its Clients, and agrees to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted within the facility, online or otherwise published by M6. Such rules and regulations in effect from time to time, are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of M6. Client agrees to accept such reasonable change(s) as a condition of this agreement. Client additionally recognizes that:
a. Under no circumstances shall Client move any equipment or use the equipment in any manner not authorized by M6.
b. All equipment shall be wiped down by Client after each use, with the supplies provided by M6.
c. Facility is for Client, and Client only, and Client will not give access to another individual.
d. Client will not misuse the equipment.
e. All Clients must be at least eighteen (18) years of age, unless otherwise authorized by M6.
f. Clients shall conduct themselves in a quiet, well-mannered fashion so as not to cause any disturbance which may interfere with the use and enjoyment of the Facility by any other Client.
g. Profanity or indecent language and/or behavior will not be tolerated.
h. Any conduct deemed by M6, in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for termination of Client's Clients by M6.
i. M6 shall not be responsible for any lost or stolen items.
j. The climate of the Facility is controlled by M6 and is set to provide the optimum exercise environment for the majority of its Clients. Clients shall not change or seek to change any environmental controls and shall never prop open any doors or windows to the Facility for any purpose.
12. PROHIBITED ACTIVITIES. Alcohol, drugs (including steroids), and smoking are prohibited within the Facility. Client agrees not to use the Facility or engage in any activity at M6 while under the influence of drugs, alcohol, or medication that may impair Client's ability to operate the equipment. No weapons of any kind are allowed. No photography, videotaping, filming or audio recording is permitted within the Facility without the express written consent of M6's management. M6 reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the Facility. Gambling or gaming is prohibited within the Facility or on the premises.
13. DRESS/TOWEL POLICY. M6 requires that Clients wear appropriate clothing and footwear while in the Facility. Appropriate clothing includes gym shorts, T-shirts, jogging suits, aerobic wear and sweat outfits. Street clothing and jeans are not considered appropriate clothing. Client agrees to have a cloth towel during workouts to protect and clean the equipment after Client's use.
14. DISCLAIMER OF WARRANTY: To the extent M6 utilizes, sells, leases, recommends, or promotes any product, equipment or other good ("Products") in connection with any Services, M6 expressly disclaims any warranty as to the merchantability or utility of such Products. The preceding sentence shall apply notwithstanding any guarantee of satisfaction found in any Agreement, or other documents incorporated by reference herein. Any such guarantee of satisfaction shall apply only to the performance of services by M6, and not to any of the Products related thereto.
15. COMPLIANCE WITH LAW: Client agrees that it will use the Services only for lawful purposes and in accordance with this Agreement and any applicable documents incorporated by reference herein.
16. ENFORCEMENT: Client agrees to pay all expenses (including reasonable attorneys' fees and court costs) that M6 incurs in exercising or enforcing any of its rights under this Agreement, including but not limited to, its right to fees as described in Paragraph 6 of this Agreement.
17. ASSIGNEMENT: Client may not assign this Agreement without the prior written consent of M6, which consent shall not be unreasonably withheld. Any attempted assignment of this Agreement by Client without the prior written consent of M6 shall be null and void.
18. WAIVER; SEVERABILITY: No waiver of any breach of any provision of this Agreement shall constitute a waiver of any concurrent or future breach of the same or any other provision of the Agreement, and no waiver shall be effective unless made in writing. If any term or provision of this Agreement is found unenforceable for any reason, the same shall not invalidate the remaining terms and provisions of this Agreement
19. COUNTERPARTS. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
20. HEADINGS. The headings in this Agreement are inserted for convenience only and shall not constitute a part of this Agreement.
21. BINDING EFFECT. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.
22. ENTIRE AGREEMENT. This Agreement, including the schedules, lists and other documents referred to in this Agreement which form a part of this Agreement, embody the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.
23. GOVERNING LAW. This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the State of Tennessee and the County of Knox.
24. FURTHER ASSURANCES. The parties agree to execute such further documents as may be necessary, proper or convenient, for fully effectuating the terms and conditions of this Agreement.
25. SUSPENSION AND TERMINATION. I understand that M6 may suspend or terminate my Clients at any time, in it sole and absolute discretion, for non-payment of Clients Fees or for violation of any of M6's policies and procedures, and that in so doing, M6 assumes no further liability to adhere to the terms of this Agreement.
26. ACCEPTANCE OF TERMS. As a Client, I understand that I am entitled to use the Facility within the scope of the services that I have selected, and that I am obligated to pay my dues and fees regardless of whether I use the Facility and Services. I agree to promptly update M6 of any change in my contact information (including address, telephone number or email address) or change in credit information.