Participation Agreement for ZONED Fitness personal training clients, group training clients and guest Cancellation Policy: If you cancel or reschedule a session after 6:00 pm the day before your appointment, it counts as a used session. This policy is strictly enforced with no exceptions. You may call our 24 hour time-stamped voicemail (845-249-8503), even on Sunday. Excessive cancellations interfere with your progress and our scheduling. If we believe your cancellations are excessive, we will discuss this with you, but we reserve the right to cancel your reserved time slot. Commit to a minimum of one session a week! Training Sessions: We document your personal requirements and training performance at each session so you can train with any of our trainers at any session. You may reserve a specified time slot for the same day each week with the purchase of any package. To be considerate of other clients/appointments, all sessions end 45 minutes after the scheduled appointment time. Payment: All sessions are by pre-paid appointment only. The amount paid is non-refundable except as stated hereafter. All sessions in a package must be completed as stated or client forfeits the balance. Sessions are not transferrable without our written consent. No refunds for group classes. Nutrition: Any nutrition program given to you by ZONED Fitness is a suggested program and NOT a prescribed program. Consult a physician or dietitian before making any changes to your current nutrition regiment. Health: You represent that you do not have any health condition that strenuous exercise could make worse. You understand that our trainers are not medically trained to monitor your health during exercise. You agree to contact your own doctor for any questions regarding your ability to exercise safely. ZONED Fitness programs are for your recreational use only. Renewal: You renew this Agreement, and keep your reserved time slot, only by making a payment on another package before your last paid session. A payment on any new package of sessions renews this Agreement. We may increase rates at any time, except for the sessions included in this Agreement. We are not obligated to renew this Agreement at the rate in this Agreement. You may cancel this Agreement within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to ZONED Fitness LLC. You will receive a complete refund of all monies paid within 30 days after receipt of the notice of cancellation made within the 3-day provision. You may also cancel this Agreement under other conditions stated on page 2. Page 2 contains a Waiver of any right you may ever have to claim any damages for loss, injury, or death from ZONED Fitness LLC and others. By signing below you acknowledge you have read, understand, and agree to all terms on pages 1 and 2, and have received a copy of this Agreement. Cancellation upon death or disability: The buyer may cancel this Agreement if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the Agreement until the time of disability, with refund of funds paid or accepted in payment of the Agreement in an amount computed by dividing the Agreement price by the number of sessions in the Agreement term and multiplying the result by the number of sessions remaining in the Agreement term. The buyer or the buyer's estate seeking relief under this paragraph shall provide proof of disability or death. A physical disability sufficient to warrant cancellation of the Agreement by the buyer shall be established if the buyer furnishes to ZONED Fitness LLC a certification of such disability by a physician licensed under New York State to the extent the diagnosis or treatment of the disability is within the physician's scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph. Other Cancellation Provisions: If this company goes out of business, you may cancel this Agreement and receive a complete refund of all dues paid for future services within 30 days after receipt of the notice of cancellation. Notice of intent to cancel by the buyer shall be given in writing to ZONED Fitness LLC. Such a notice of cancellation from the consumer shall also terminate automatically the consumer's obligation to any entity to whom ZONED Fitness LLC has subrogated or assigned the consumer's Agreement. The business location of ZONED Fitness LLC shall not be deemed out of business when temporarily closed for repair and renovation of the premises: Upon sale, for not more than 14 consecutive days; or during ownership, for not more than 7 consecutive days and not more than two periods of 7 consecutive days in any calendar year. The initial Agreement will not be for a period in excess of 36 months and thereafter shall only be renewable annually. Such renewal Agreements may not be executed and the fee therefore paid until 60 days or less before the preceding Agreement expires. The buyer should contact the New York State Department of State within 60 days should ZONED Fitness LLC go out of business. NOTICE OF CANCELLATION: Any notice of intent to cancel or termination by Client under any provision of this Agreement must be delivered in person or by mail to ZONED Fitness LLC, 4900 Main Street, Beacon, New York 12508. We assume no responsibility for mail not received if not sent by certified mail. Assumption of Risk, Waiver and Release of Liability, and Miscellaneous Provisions In consideration of the permission to use the facilities, equipment, services, premises, and products provided at and by ZONED Fitness (hereafter ZONED Fitness LLC) today, and at any time in the future, I understand and agree to all of the following: Assumption of Risk: I understand that any physical activity carries with it an inherent risk of injury. Strength training can involve strenuous exertions of various muscles placing stress on the muscles, bones, and joints. Cardiovascular training can involve sustained physical activity placing stress on the heart, arteries, and blood pressure. Risk of injury may be minor such as soreness, sprains, strains, and bruises, or serious such as heart attack, stroke, paralysis, and death. I understand these risks and agree to assume all risk of injury or illness associated with exercise whatever the cause. Waiver and Release of Liability: I voluntarily and knowingly agree on behalf of myself, my spouse, my heirs, personal representative, assigns, and anyone else claiming by or through me to release, waive, and discharge ZONED Fitness LLC, its directors, officers, owners, employees, volunteers, independent contractors, agents, assigns, successors, vendors, suppliers, equipment manufacturers, lessors, consultants, other clients, and all others associated with them (collectively “all others”) from all liability from any and all claims, demands, or suits arising from the acts, failure to act, or conduct of any of them arising from their negligence (whether ordinary or gross), breach of duty, or any other theory of legal liability for (1) any physical or emotional injury or illness suffered by me (including death) arising from my using ZONED Fitness LLC or using its equipment, facilities, services, products, and/or premises; and (2) any damage to, loss of, or theft of my property. Indemnification and Hold Harmless: I agree on behalf of myself, my spouse, my heirs, personal representative, assigns, and anyone else claiming by or through me to indemnify and hold harmless ZONED Fitness LLC and all others by paying all costs and attorneys fees they incur in investigating and defending a claim or suit if such claim or suit is withdrawn, or if a court determines for whatever reason (including the enforceability of this agreement, that ZONED Fitness LLC and or others are not liable for the injury or loss. Denied Payment Charges: If my payment is denied for any reason, I agree to pay a $25.00 service charge plus the amount of the denied payment within 5 days. I agree to pay all costs of collection, including reasonable attorney’s fees and court costs. Interpretation: This Agreement is intended to be interpreted as broad and as inclusive as permitted by the laws of New York State to relieve ZONED Fitness LLC, and all others associated in any way with ZONED Fitness LLC, from all liability for any and all claims for damages due to injury or property loss based on any legal theory. This Agreement shall be interpreted under the laws of New York State. Severability and Venue: If any portion of this Agreement is held invalid, the balance of the Agreement shall continue in full legal force. Any legal action shall be brought in Dutchess County, New York. Consent to physical contact: It is sometimes necessary for a trainer to physically touch a client to attain the proper form for an exercise. I hereby consent to such appropriate physical contact. Privacy: As a client of ZONED Fitness LLC your enrollment in programs provided by ZONED Fitness LLC will be kept strictly confidential and the client’s assessments, exercise program, health history, results, employment, relationships, personal lifestyle, worth, etc will not be disseminated by the staff of ZONED Fitness LLC to anyone without the consent of the client. Entire Agreement: Pages 1 and 2 constitute the entire Agreement. I have not relied on any oral representations by anyone in addition to, or inconsistent with, the written terms of this Agreement.
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