PROGRAM & FEES:
1) TYPE OF TRAINING ___ PRIVATE ___ PERSONAL TRAINING ___ GROUPTRAINING ___ PEMF
2) NUMBER OF SESSIONS ___ 3) INSTALLMENT PER MONTH ___ 4) NUMBER OF MONTHS ___
5) DUE DATE ___ 6) INITIATION FEE ___
Late Charge – If your payment is more than ten (10) days late, you will be charged a late charge of twenty dollars ($20.00) per payment.
Prepayment – There is no prepayment charge applicable to this Agreement.
See the Agreement for any additional information regarding non-payment, default, and penalties.
All Paid in Full Memberships are Non-Refundable.
PAYMENT SCHEDULE:____ payments of $_______ is due on _______. All further payments of $_______are due the _______ of each month beginning ______________, 20____
Note of Autorenewal: I understand that unless I submit and sign the PG Fit Cancellation Form at least 30 days before the last scheduled E.F.T. payment as described in the “Payment Schedule” section above, this contract will automatically convert to a monthly installment plan, whereby I will continue to purchase ________ sessions per month for a monthly installment of $_________ as indicated in the “Program & Fees” section above. I understand that, except as allowed by this contract or applicable state law, this agreement is non-cancellable during the initial term, but that, upon conversion to a monthly installment plan for a duration up to 48 months, the agreement may be canceled at any time by completing and signing the PG Fit Cancellation Form at least 30 days before the last scheduled E.F.T. payment. If a cancellation is requested prior to the end of the initial term, a $399 to $599 cancellation fee will be charged to the Buyer.
AUTHORIZATION AGREEMENT FOR PREAUTHORIZED PAYMENTS:
I (We) hereby authorize PG Fit, LLC, hereinafter called PG Fit, to initiate debit entries and corrections thereto, to my (our) Debits or Charge Card account indicated below and the depository or credit card named below, hereinafter called DEPOSITORY.
This authority is to remain in full force and effect until PG Fit and DEPOSITORY have received written notification from me (or either of us) of its termination in such time and in such manner as to afford PG Fit and DEPOSITORY a reasonable opportunity to act on it, or until all payments due under the contract have been made.
ADDITIONAL TERMS AND PROVISIONS
SCHEDULING AND CANCELLATIONS: All appointment cancellations for the Personal Training Program must be made twenty-four (24) hours prior to the scheduled appointment time to avoid being considered a “no show.” All appointment cancellations for the Group Training Program must be made at least twenty-four (24) hours prior to the scheduled appointment time to avoid being considered a “no show.” In the event the client “no shows” for their scheduled session or class, the client will be charged for that session or class. Sessions and classes are filled on a first-come, first, serve basis. Group Training Classes can be rescheduled during a different time as long as time slots are available. Arriving for appointments on time is required! The Client will not be allowed to train if they are more than 10 minutes late for their scheduled time.
MONTHLY SESSION USAGE: All training program sessions and classes of any number of sessions and classes purchased must be completed by the Client within one (1) month of the payment date. Failure to use the services does not relieve the Buyer or Client of their obligations (regardless of circumstances) to pay fees, late charges, and other monies due under this Agreement in full. The completion date will be extended when we receive a signed doctor’s note stating a medical reason, which prevents a personal training session program from being completed within the usual allotted time period. All cancellation requests for training sessions and classes need to be emailed to email@example.com.
CANCELLATION OF AGREEMENT: All agreements are binding for the full initial term of the contract and may only be canceled by submitting a signed physician's release form. The Buyer or Client canceling an agreement during the initial term for any other reason will be charged a one-time cancellation fee. Group Training clients will be subject to a one-time cancellation fee of $399. Personal Training and all other clients will be subject to a one-time cancellation fee of $599. A minimum of 30 days is required to process all cancellation requests from the last scheduled E.F.T. payment date as described in the “Payment Schedule” section above.
The Buyer or Client understands that, except as allowed by this contract or applicable state law, this contract is non-cancellable during the initial term, but that, upon conversion to a monthly installment plan for a duration up to 48 months, the agreement may be canceled at any time by completing and signing the PG Fit Cancellation Form at least 30 days before the last schedule E.F.T. payment. Cancellation requests will not be granted during a suspension period.
CHANGING MEMBERSHIP: The Buyer or Client will be allowed to change their membership to a different level of service with the signing of a new membership agreement each time a change is made. The first change of membership is free, and any further changes will be assessed a $25 Change of Membership Fee.
SUSPENSION OF MEMBERSHIP: A membership can only be suspended for a medical reason. The Buyer or Client must complete and sign the PG Fit Suspension Form at least 30 days before the next scheduled E.F.T. payment. Suspensions can be for a minimum of 4 weeks to a maximum of 12 weeks based on the physician's diagnosis. The suspension must have an end date when being scheduled. No open-ended suspensions are permissible, except for a signed medical release.
The Buyer or Client will be charged $50 per month during the suspension period. No exceptions will be made. A minimum of 30 days is required to process all suspension requests before the next scheduled E.F.T. payment date as described in the “Payment Schedule” section above. At the conclusion of the suspension, the membership agreement will automatically renew for three months based on the terms and conditions of the contract prior to the suspension.
REFUNDS: No refunds shall be made for services purchased, except as expressly provided in this Agreement. All refund requests need to be emailed to firstname.lastname@example.org.
PAYMENT IN FULL: If the Buyer or Client desires to pay in full for future services, the Buyer or Client’s execution of this agreement hereby constitutes a written request to make such payment in full.
BUYER’S DEFAULT: Buyer and Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, PG Fit shall have the rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If PG Fit delays or refrains from exercising any rights under this agreement, PG Fit does not waive the right to receive full and timely payments and other charges due under this agreement.
SUCCESSORS AND ASSIGNS: Buyer and Client agree that all terms and conditions of the Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Buyer and Client, and anyone claiming by or through Buyer or Client.
ENFORCEABILITY: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provisions or portion of a provision shall be deemed severed from this Agreement which shall otherwise remain in full force and effect. Further, if any such provision or portion of a provision may be reduced and/or narrowed in scope or the like, such provision or portion of a provision shall be reduced, narrowed, and/or the like, and so enforces. However, Buyer and Client specifically agree all the terms and conditions are to be enforced, and Buyer and Client specifically waive any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the laws of the State of Texas. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, PG Fit, Buyer, and Client agree that the venue for such court action shall exclusively be Harris County, Texas.
ATTORNEY FEES: In any action at law or equity that is brought to enforce the terms of this agreement or dispute thereof, each party shall be responsible for its own attorney’s fees, and cost and an award of such fees and costs shall not be grated in contradiction to this provision. This provision shall be construed as applicable to this entire agreement and any amendments created and properly executed hereunder.
MEDIATION AND ARBITRATION: The parties agree that should a dispute arise between them, they will first submit the matter to mediation. In the event the parties cannot agree to a resolution in mediation, then they agree to submit the matter to binding arbitration to be held in Houston, Texas. If they are unable to resolve the dispute in mediation, then the parties shall submit the dispute for final determination to the commercial division of the America Arbitration Association, or they may, by mutual consent, agree to an alternative method of dispute resolution. The parties agree that rights and responsibilities under this agreement are individual in nature, and they will not attempt to be a part of or join in any class related to this license agreement.
1. At the time of, or prior to, execution of this Agreement, Client has executed and delivered to PG Fit a Waiver, Release of Liability and Assumption of Risk Form, in which Client assumes all risks of participating in a fitness program and agrees that PG Fit and its agents, employees, or contractors, if any, shall have no liability for any injury, illness, or similar difficulty that Client may suffer arising out of or connected with Client’s participation in PG Fit’s program. The Client hereby acknowledges and agrees that PG Fit, in its sole discretion, may require the Client to obtain the consent of his/her physician or primary healthcare provider prior to providing Client with any fitness or exercise programs, training, or instruction. PG Fit also reserves the right to require the Client to obtain such consent at any future point in the relationship should PG Fit deem it necessary due to any change in the Client’s medical condition.
2. Unless other arrangements are made, Personal Training classes and sessions and Program Design explanations (these services herein individually and collectively referred to as “sessions and classes”) last approximately fifty minutes, forty-five minutes, or thirty minutes in duration.
3. Time slots are available on a “first-come, first-served” basis by appointment. Sessions and classes, whether purchased a la carte or as part of a monthly membership, must be paid for when the appointment is booked. The Client may schedule prepaid sessions and classes in advance.
4. Regarding late arrivals and “no shows” and cancellations:
a. Time lost at the beginning of a class or session due to a Client’s tardiness cannot be made up at the end of the class or session as that could potentially impact the next scheduled Client or class.
b. In the event that the Client misses a session or does not show up for a session, it will be deemed a “no show.” No refunds or credits will be given or “no-shows.”
c. If PG Fit, LLC needs to cancel a scheduled session within 24 hours, the Client will receive credit for such session.
5. Regarding payments and refunds: Cash and check payments will only be accepted for sessions purchased a la carte or memberships prepaid in advance. All other purchases must be made by credit card.
a. Payments made on personal training memberships require electronic funds transfer (EFT) payments to be made on the same date of the original transaction each month. Accurate financial and billing information must be kept on file.
b. Rates for PG Fit services are subject to change. Services prepaid for by the Client, which are unused at the time of any rate change, will be honored at the price already paid.
6. Clients are required to observe any and all rules of the gym or facility where workouts take place.
7. Shirts and shoes are required at all times during sessions and classes. The Client should also have water available as necessary during the workout.
8. PG Fit cannot guarantee specific results. The Client acknowledges that Client is responsible for his decisions regarding whether or not to exercise consistently, eat properly, rest enough, and live a healthy lifestyle.
9. The Client acknowledges and agrees that PG Fit has the right to terminate this relationship at any time and for any reason, with no obligation due to Client beyond a refund of payments made for any unused sessions if applicable.
10. PG Fit respects the Client’s privacy. Due to the nature of the services, it is necessary to collect certain personal information from Clients. All information collected is treated as STRICTLY CONFIDENTIAL, and PG Fit will not share or redistribute information with any third party except as necessary to provide services purchased by the Client or as required by law. Any information gathered from a Client is simply for records and, if applicable, required to provide the services to the Client for which PG Fit has been contracted.
11. Crowd Notice/Release Photography and Filming. Please be aware that being on the premises of PG Fit, you consent to your voice and likeness being used without compensation in photography and video for use in any and all media. You release PG Fit and its successors, assigns, and licensees from any liability on account of such usage.
IMPORTANT NOTE: By signing this Agreement, Client acknowledges that Client has read, understood, and agreed with all terms and conditions of this agreement, which includes the E.F.T. Request and Authorization, Additional Terms and Provisions, Waiver, Release of Liability, and Assumption of Risk Form, and Company Policies. This agreement constitutes the entire agreement of the parties, and no other agreement or understanding exists between Client and PG Fit, LLC. PG Fit has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client 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.
Notice to Customer: You may cancel this agreement any time before midnight of the third business day after the date of this agreement.
© 2020 PG Fit, All Rights Reserved.