Elite FPT Online Fitness

Terms and Conditions

Client Name: ________________________

A. Release of Liability:

1. In consideration of being allowed to participate in personal fitness assessments, training activities and programs of Elite Fitness and Performance, LLC and to use its facilities, equipment and services, in addition to the payment of any fee or charge, I do hereby forever waive, release and discharge Elite Fitness and Performance, LLC and its officers, agents, employees, representatives, executors and all others acting on their behalf from any and all claims or liabilities for injuries or damages to my person and/or property, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with my participation in any activities, programs or services from Elite Fitness and Performance, LLC or the use of any equipment at various sites, including home, provided by and/or recommended by Elite Fitness and Performance, LLC

2. I have been informed of, understand and am aware that strength, flexibility and aerobic exercise, including the use of equipment, is a potentially hazardous activity. I also have been informed of, understand and am aware that fitness activities involve a risk of injury, including a remote risk of death or serious disability, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death.

3. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in these activities or use of equipment or machinery. I do hereby acknowledge that I have been informed of the need for a physician's approval for my participation in the exercise activities, programs and use of exercise equipment. I also acknowledge that it has been recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise and the use of exercise equipment. I acknowledge that either I have had a physical examination and have been given my physician's permission to participate or I have decided to participate in the exercise activities, programs and use of equipment without the approval of my physician and do hereby assume all responsibility for my participation in said activities, programs and use of equipment.

4. I understand that Elite Fitness and Performance, LLC is providing and maintaining an exercise/fitness program for me does not constitute an acknowledgement, representation or indication of my physiological well-being or a medical opinion relating thereto.

B. Photo/Video Release:

I hereby grant Elite Fitness and Performance, LLC and past, current, or future affiliates permission to use my photograph/video image in any and all publications for Elite Fitness and Performance (and past, current and future affiliates), including website entries, without payment or any other consideration in perpetuity. I hereby authorizeElite Fitness and Performance, LLC( and past, current and future affiliates) to edit, alter, copy, exhibit, publish or distribute all photos and images. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my photo appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph or video images.

C. Confidentiality & Use of Information:

I have been informed that the information that is being obtained in the personal fitness program will be confidential and will consequently not be released to any person without my written consent. I do however agree to use this information which is not personally identifiable with me for research so long as the same does not reveal my identity. I also agree to use any information for the purpose of consultation with health care professionals. Any other information obtained will be used by the program staff to prescribe exercise for me and evaluate my progress.

D. Assessment & Profile:
I understand that I will undergo an evaluation to identify strengths, weaknesses, and any structural imbalances that may affect my ability to participate in an exercise program. These procedures are not meant to diagnose or treat any disease, illness, or injury.

E. Payment & Program Guidelines:
I have agreed to pay for personal training or any other services as per the program policies. Any, semi-private, or group training session will be billed as the correct session type based on attendance if one or more of the trainees fail to attend, the attending trainees will be billed for the appropriate session. If I cannot attend my scheduled session, I will contact my trainer with 24 hours notice of scheduled session. I agree to forfeit my session and pay the full amount if cancellation is not made in a 24 hour period. In the event of time missed due to tardiness, sessions will not be extended.

I hereby hold harmless and release and forever discharge Elite Fitness and Performance (and past, current and future affiliates) from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate which may have or may have by reason of this authorization.

I am competent to contract in my own name.I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.

Client Signature: ______________________________________Date:______/______/_______

Print Name: Soc Sec # : XXX - XX - .

Client Agreement

Name: ___________________________________________________ Date: ___/___/____
Address: ____________________________________________________________________
City: _______________________ State: ______________________ Zip Code: ___________
Phone: (H) (___)____-______ Phone: (C) (___)____-______ Phone: (W) (___)____-______
DOB: _____/_____/______ Email: ______________________________________________

MEMBERSHIP AND OBLIGATIONS: Upon acceptance of this agreement by Elite Fitness and Performance, LLC (hereinafter the Center) you (member) shall be entitled to all rights, privileges and obligations of the club, as well as each selected membership plan, service or product now and again for each successive purchase thereafter.
REFUND AND CANCELLATION POLICY: All memberships, services and product sales are final and non-refundable, including the unused sessions from any and all membership packages and services not utilized prior to their term of expiration. If you wish to cancel this agreement, this may only be done within three (3) days of the signing of this agreement. Written notice by certified or registered mail must be sent to the center saying you do not wish to be bound by this agreement, and must be delivered or mailed before midnight of the third business day after you sign this agreement. If you become disabled you shall have the option of extending the duration of the membership and/or service package for a period equal to the duration of the disability, but not exceeding three (3) from the first date of disability. You must prove such disability by a doctor’s certificate, which shall be provided with the written notice of disability sent to the center. If your disability is permanent, you may be entitled to a prorated return of payment for any unused membership and/or service package sessions of an existing prepaid plan. In such a case, the center may require that a physician agreeable to both you and the center examine you. In the event of your death, you (your estate) are entitled to a prorated return of payment for any unused membership and/or service package sessions of an existing prepaid plan.
HEALTH WARRANTY: Member warrants and represents that member has no disability, impairment or ailment preventing him/her from engaging in active or passive exercise that will be detrimental or inimical to his/her health, safety or physical condition if he/she does so engage or participate. This representation is made by the member knowing that the center will rely upon the same in respect to the acceptance of this membership.
RULES AND REGULATIONS: Member agrees to abide by all membership rules and regulations of the Club, which are from time to time posted at the center, issued orally and/or published and which may be amended from time to time at the center’s sole discretion.
GUEST POLICY: Guests may be registered at the front desk upon entering the center. Any appropriate fees shall be paid even if a member fails to register their guests. The center reserves the right to limit the number of visits per guest. Complimentary guests are limited to three (3) visits and must be authorized by the center.
SUSPENSION OF MEMBERSHIP: The center has the right to suspend and/or terminate any membership for nonpayment of fees or other charges; for behavior inimical to their enjoyment of the center by other members; and/or because of the center’s concern as to the health of the member.
LAPSE OF MEMBERSHIP: A membership and/or service package shall be deemed to have lapsed when the sessions are not utilized prior to the term of expiration. All memberships, services and product sales are final and nonrefundable, including the unused sessions from any and all membership packages and services not utilized prior to the term of expiration.
DISHONORED CHECK OR BANK DRAFT: In addition to the rights of the center has by law, the center may assess a service charge of $50.00 if any check or draft payable to the center is not honored.
UNPAID BALANCES: All balances or money owed in arrears over 30 days are subject to a 5% monthly interest surcharge. Any unpaid balance for membership fees, goods, or services past due 60 days will result in automatic suspension of membership until the account is brought current. Member is obligated to pay costs of collection, including reasonable attorney’s fees, incurred by the center in enforcing the terms of this agreement The undersigned personally, jointly and severally unconditionally, guarantees the prompt payment when due of all indebtedness and liabilities that now or at any time or at times hereafter may be or become owing to the credit grantor. The undersigned further guarantees payment of all collection fees, including but not limited to interest, attorney’s fees, court costs and other costs of collections, which may result from failure to comply with center policy.
ENTIRE AGREEMENT: Apart from the corresponding new expiration dates for any successive membership and/or service package purchased after the membership and/or service package corresponding to the date of this agreement, this agreement constitutes the entire agreement between the parties. Corresponding new expiration dates for any successive membership and/or service packages purchased hereinafter are found in the brochures and rate sheets available at the front desk and must be honored by the member. The agreement may only be modified in writing. Only the principal owners of the center, management, and the front desk personnel are authorized to execute this agreement on the part of the center. Any dispute arising between the member and the center shall be exclusively determined under the New York law without regard to New York choice of law rules in New York courts.
LOCKERS: Lockers are provided for the benefit and convenience of members. Members are required to provide and utilize a padlock. The center is authorized to obtain access to the locker when reasonable required for health and/or safety of the members and center employees. Members shall have no right of privacy with respect to the contents of a center locker.
VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables into the center premises. The center, its affiliates and/or employees, shall not be liable for the loss, theft or damage to the personal property of Members or guests.
CANCELLATION POLICY: If a member needs to cancel any previously scheduled session, he/she must inform the club no later than 6pm the evening before the appointment in order for them not to be charged for the session.
WAIVER OF LIABILITY: Member agrees to waive any right to bring a claim of file a lawsuit
and/or claims against the center for negligence. Furthermore, the member releases the club from any
and all liability for injuries suffered by the member as a result of the center’s negligence. This release
includes the negligence of any of the centers employees, principle owners, equipment liability, product
liability, and any claim that could be attributed to the fault of the center, its employees, and principle
owners.

An attorney should be consulted prior to signing this agreement if the member has any problems, disagreements whatsoever with regard to any of the content of this agreement. Your signature below indicates that you have read and agree with the above terms and conditions of this membership agreement.

Elite Fitness and Performance, LLC Membership Agreement

Member’s Name

Member’s Signature

________/________/________
Date

Club Official Name

Club Official Title

Club Signature

________/________/________
Date

Client/Trainer Informed Consent/Release of Liability