Terms and conditions for 2 Classes Per Week Monthly
IMPORTANT NOTE: Client, by agreeing to partake in Ardent CrossFit Personal Training / Nutritional Program service and related activities, agrees to release Ardent CrossFit from liability due to participation. Client is urged to have this release agreement reviewed by their attorney before signing.
By signing this Agreement, Client acknowledges that Client has read, understood and agrees with all terms and conditions of this agreement (including the additional terms and conditions on the reverse side) after having the opportunity to have it reviewed by an attorney at the discretion of Client. Client further acknowledges Client had received a filled-in and completed copy of this agreement, which includes the E.F.T. request, the release and waiver of liability, and Additional Terms and Provisions located on the front and reverse side of the Agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and Ardent CrossFit. Ardent CrossFit 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.
RELEASE OF LIABILITY
CLIENT’S ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF ARDENT CROSSFIT: CLIENT ACKNOWLEDGES THAT THE PERSONAL TRAINING/NUTRITIONAL SERVICE PROGRAMS PURCHASED HEREUNDER INCLUDES PARTICIPATION IN STRENUOUS PHYSICAL ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, RUNNING, WEIGHT TRAINING, STATIONARY BICYCLING, GYMNASTIC MOVEMENTS, VARIOUS AEROBIC CONDITIONING MACHINERY AND VARIOUS NUTRITIONAL PROGRAMS OFFERED BY ARDENT CROSSFIT (THE “PHYSICAL ACTIVITIES”). CLIENT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVE THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEAT EXHAUSTION, KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY, HOWEVER CAUSED, OCCURRING DURING OR AFTER CLIENT’S PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A CLIENT, SLIP AND FALL BY CLIENT, OR AN UNKNOWN HEALTH PROBLEM OF CLIENT.
CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY ARISING FROM PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND CLIENT AGREES THAT IT IS THE RESPONSIBILITY OF CLIENT TO SEEK COMPETENT MEDICAL ADVICE REGARDING ANY CONCERNS OR QUESTIONS CONCERNING THE ABILITY OF CLIENT TO TAKE PART IN ARDENT CROSSFIT PHYSICAL ACTIVITIES. BY SIGNING THIS AGREEMENT, CLIENT AFFIRMS THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITIES FOR EXCEEDING HIS OR HER PHYSICAL LIMITS.
CLIENT, ON BEHALF OF CLIENT, HIS OR HER HEIRS, ASSIGNS AND NEXT OF KIN, WAIVES ANY CLAIMS AGAINST AND RELEASES ARDENT CROSSFIT (AS WELL AS ANY OF ITS OWNERS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS) FROM ANY AND ALL LIABILITY, CLAIMS AND/OR CAUSES OF ACTION THAT CLIENT MAY HAVE FOR INJURIES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PUNITIVE DAMAGES, ARISING OUT OF PARTICIPATION IN ARDENT CROSSFIT ACTIVITIES, INCLUDING, BUT NOT LIMITED TO THE PERSONAL TRAINING/NUTRITIONAL PROGRAMS AND THE PHYSICAL ACTIVITIES.
FITNESS PROGRAM MEMBERSHIP AGREEMENT SERVICES. THE SERVICE BEING REQUESTED IS FOR COACHING DESIGNED TO PROGRESS YOU TOWARD ELITE FITNESS. THE AGREEMENT IS FOR COACHING SERVICES OVER A SPECIFIC PERIOD OF TIME DURING WHICH THE STUDENT IS ELIGIBLE TO PARTAKE IN ANY AND ALL ACTIVITIES IN ACCORDANCE WITH THEIR MEMBERSHIP PACKAGE. THIS IS NOT AN AGREEMENT FOR A SPECIFIC NUMBER OF CLASSES, SEMINARS, OR COACHING LESSONS DURING THE AGREED UPON PERIOD.
REFUNDS: NO REFUNDS SHALL BE MADE FOR SERVICES PURCHASED, EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT.
PAYMENT & BILLING: CLIENT HAS TWO OPTIONS FOR PAYMENT: (1) PAYMENT IN FULL MAY BE MADE FOR ALL SERVICES, OR (2) MONTHLY PAYMENT BY CREDIT CARD OR EFT PER THE GUIDELINES ON PAGE ONE OF THE AGREEMENT. THE DATE THE AGREEMENT IS SIGNED SHALL BE THE BILLING DATE FOR THE CLIENT. EACH MONTH ON THIS DATE, THE MONTHLY PAYMENT IS CHARGED TO THE CLIENT’S CREDIT CARD, OR DEDUCTED FROM THE CLIENT’S ACCOUNT
CLIENT’S RIGHT TO CANCEL: THE CLIENT MAY NOT TERMINATE OR CANCEL THE AGREEMENT EXCEPT AS FOLLOWS: (1) IF BY REASON OF DEATH OR DISABILITY, CLIENT IS UNABLE TO RECEIVE ALL ARDENT CROSSFIT SERVICES FOR WHICH CLIENT HAS CONTRACTED, CLIENT AND CLIENT’S ESTATE SHALL BE RELIEVED FROM THE OBLIGATION OF MAKING PAYMENT FOR SERVICES OTHER THAN THOSE RECEIVED OR OBLIGATED PRIOR TO DEATH OR THE ONSET OF DISABILITY (SUBJECT TO SIGNED DOCTOR’S NOTE REGARDING THE NATURE OF THE DISABILITY); AND (2) IN THE EVENT THE CLIENT MOVES FURTHER THAN 25 MILES FROM ARDENT CROSSFIT, CLIENT MAY TERMINATE THIS AGREEMENT BY SUPPLYING PROOF OF NEW RESIDENCE. IF CLIENT HAS PREPAID ANY SUM FOR SERVICES, SO MUCH OF SUCH SUM AS IS ALLOCATABLE TO SERVICES CLIENT HAS NOT TAKEN SHALL BE REFUNDED.
CLIENT’S RIGHT TO HOLD: THE CLIENT MAY, FOR PERIODS OF TWO WEEKS OR LONGER, “PUT ON HOLD” THE AGREEMENT. THE REQUEST TO PLACE THE AGREEMENT ON HOLD MUST BE SUBMITTED PRIOR TO THE HOLD DATES (NO RETROACTIVE HOLDS) AND MUST INCLUDE AN END DATE (OR RETURN DATE) WITH THE FOLLOWING EXCEPTIONS: CLIENT IS INJURED OR SICK, OR CLIENT IS PREGNANT AND/OR HAS HAD A BABY. IN BOTH CASES THE RETURN DATE WILL BE MUTUALLY DETERMINED BASED ON THE RECOVERY AND RECUPERATION OF THE CLIENT.
CLIENT’S DEFAULT: 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, ARDENT CROSSFIT SHALL HAVE ALL RIGHTS AND REMEDIES AVAILABLE, INCLUDING TERMINATION OF THIS AGREEMENT AND INSTITUTION OF AN ACTION FOR ALL APPLICABLE DAMAGES. IF ARDENT CROSSFIT DELAYS OR REFRAINS FROM EXERCISING ANY RIGHTS UNDER THIS AGREEMENT, ARDENT CROSSFIT DOES NOT WAIVE, NOR WILL ARDENT CROSSFIT LOSE THOSE RIGHTS. IF ARDENT CROSSFIT ACCEPTS LATE OR PARTIAL PAYMENTS FROM THE BUYER, ARDENT CROSSFIT DOES NOT WAIVE THE RIGHT TO RECEIVE FULL AND TIMELY PAYMENTS AND OTHER CHARGES DUE UNDER THIS AGREEMENT.
SUCCESSORS AND ASSIGNS: CLIENT AGREES THAT ALL TERMS AND CONDITIONS OF THIS AGREEMENT SHALL BE BINDING UPON THE HEIRS, PERSONAL REPRESENTATIVES, LAWFUL SUCCESSORS, AND ASSIGNS OF CLIENT, AND ANYONE CLAIMING BY OR THROUGH CLIENT.
ENFORCEABILITY: THE PARTIES AGREE THAT IF ANY PROVISION OR PORTION OF THIS AGREEMENT IS DECLARED VOID AND UNENFORCEABLE, SUCH PROVISION OR PORTION OF A PROVISION SHALL BE DEEMED SEVERED FROM THIS AGREEMENT, WHICH SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT. HOWEVER, CLIENT SPECIFICALLY AGREES ALL THE TERMS AND CONDITIONS ARE TO BE ENFORCED AND CLIENT SPECIFICALLY WAIVES 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 VIRGINIA. IN THE EVENT LITIGATION IS NECESSARY TO ENFORCE ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, ARDENT CROSSFIT AND CLIENT AGREE THAT THE VENUE FOR SUCH ACTION SHALL EXCLUSIVELY BE STAFFORD COUNTY, VIRGINIA.
ATTORNEY FEES: IN THE EVENT EITHER PARTY FINDS IT NECESSARY TO COMMERCE LITIGATION OR OTHER COURT ACTION TO ENFORCE THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE PREVAILING PARTY IN SUCH LITIGATION OR COURT ACTION SHALL BE ENTITLED TO RECEIVE THEIR ACTUAL ATTORNEY’S FEES INCURRED, TOGETHER WITH COURT COSTS, AND OTHER CHARGES FROM THE OTHER PARTY AS A PART OF ANY RULING OR JUDGMENT.