TERMS OF USE
In consideration of participation in Results Driven Trainer LLC training and services, the undersigned client agrees to and has read and understands the terms & conditions below (the “contract”) including the waiver, release, and assumption of risk terms, and cancellation policy, which are incorporated herein.
Training and Sessions. Results Driven Trainer LLC, an Illinois limited liability company (“Trainer”) will work with the above-referenced client (the “Client”) to design a tailored exercise program for the Client that reflects the Client’s objectives, fitness level, and experience. The Client training program will have various training sessions, which Sessions the Client will arrange in advance, and will last 45 to 60 minutes each.
Fees and Payment. Trainer fee for each Session (“Session Price”) shall be applicable, due, and payable at the time this Contract is signed, and before any Session(s) commence. Additional fees may be applied in consideration of Trainer’s advice, counseling, and tailoring of a specialized training and nutrition program for the Client, and thus separate from the Session Price. Session payments are due prior to the commencement of each Session. If Trainer agrees, the Client may pay for future Sessions at any time.
Client Under the Age Of 18. If the Client is under the age of 18, the parent or guardian of the Client must sign this Contract, and Waiver, Release, and Assumption of Risk form attached hereto on behalf of the Client.
Punctuality and Cancellation of Session. The Client shall be properly attired and ready to train for each Session. No refunds shall be made for late arrival. Cancellation of session by Client should be made at least twenty-four hours prior to the start of the scheduled Session. Failure to notify Trainer of cancellation within twenty-four hours of Session will result in forfeiture of Session. Refunds and Prepaid Sessions. No Program Fee or Session Fee refunds will be issued for any reason, including but not limited to relocation, illness, and unused Sessions. Any Session not used within thirty (30) days of pre-payment for such Session shall be forfeited. Term and Termination. This Contract will continue to be in full force and effect so long as the Client continues to receive personal training services from Trainer. Notwithstanding the foregoing, however, Trainer may terminate this Contract and its services to the Client at any time, with or without notice, and for any reason or no reason.
Indemnification. Client will indemnify and hold Trainer, its respective members, officers, directors, administrators, managers, employees, servants and agents, successors and assigns (each an “Indemnified Party”) harmless from and against any and all damages (whether ordinary, direct, indirect, incidental, special, consequential, or exemplary), judgments, liabilities, fines, penalties, losses, claims, actions, demands, suits, costs, and expenses including, without limitation, reasonable attorneys’ fees (collectively, “Claims”), incurred by the Indemnified Party that arise out of or relate to any acts or omissions by Client, a breach of any provisions of this Contract, any damage to property caused by Client or its employees, agents, or representatives, any injury or death caused by the Client or event attendees, or otherwise related to the Session(s).
Dispute Resolution. In the event of any controversy or claim arising out of or relating to this Contract or Trainer’s services to the Client arising hereunder, Trainer and Client shall first attempt to settle the dispute by mediation, for a period of sixty (60) days after a party has provided written notice of a claim or controversy to the other party specifically citing in such notice this Section 8 of the Contract. If settlement is not reached within the foregoing 60-days, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of arbitration shall be Chicago, Illinois. Illinois law shall apply to any and all matters arising out of under this Contract, and the services provided by Trainer to the Client under this Contract.
All rights reserved for Results Driven Trainer, LLC.