Terms of Service
You are advised to read(and are responsible for reading) all information set out in these terms and conditions fully.
When signing up for any service(s) provided by Lockfit, LLC, you are hereby agreeing to the following terms of service. You will also sign a physical copy of all terms of services upon the effective date of your signing.
Personal Training Agreement
Any Personal Training Agreement, (hereinafter, the Agreement) is made and entered into on the date of signing (hereinafter, Effective Date) by and between Lockfit, LLC at 252 Tuthill Street, West Haven, Connecticut 06516 (hereinafter, the Trainer) and the whomever the client signing may be (hereinafter, the Client). The Trainer and the Client are sometimes collectively referred to in this Agreement as the Parties.
1. GENERAL TERMS
The Client acknowledges that s/he is agreeing for the services of a personal trainer provided by Lockfit, LLC.
The trainer will design a tailored exercise program for the Client that reflects the client’s objectives, fitness level, and experience. A different trainer may be assigned to the Client at any time upon the sole discretion of Lockfit, LLC.
Training programs shall have various Training Sessions. Each Personal Training Session shall last 60 minutes (hereinafter, Training Sessions).
The Client has read and executed the Full Disclosure of Physical Conditions/Informed Consent and Assumption of Risk, and Release of Liability form, which is attached hereto and incorporated into this agreement as if fully set forth herein.
3. TRAINING PACKAGES AND PAYMENTS
Training Packages include various exercise programs and nutrition, involving various activities. Activities shall mean the following: testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery, cardiovascular machines; stretching; weight lifting; and any other training activities, techniques and/or exercises.
The Training Packages chosen by the client shall consist of the amount of training sessions agreed upon by the Parties. The Client agrees to pay the Trainer the sum per Training Session agreed upon by the Parties with USD. Any remaining charges will be billed to your credit/debit card and deducted monthly from the effective date of signing.
Any training sessions not used within 30 days of the end of The Agreement for any Training Package shall be forfeited. The Client shall not be entitled to a refund of the cost for any Training Sessions not used within 30 days.
The amount payable per Training Session may be adjusted by the sole discretion of the Trainer, at any time. The Client waives notice of any such adjustments to the amounts payable per Training Session.
The client will be charged for a cancelled appointment unless the Client notifies Marquis Lockhart or Lockfit, LLC of such cancellation at least 6 hours prior to the scheduled time.
Should the Client purchase additional Training Sessions, both the Client and the Trainer agree that this Agreement shall remain in full force and effect and continue to govern the rights and liabilities of the Parties, except as to the amount payable per such additional Training Sessions, if different from the amount stated, or unless the Parties execute a new Agreement.
1. No personal training refunds will be issued for any reason, included but not limited to relocation, illness, and unused sessions.
2. You are not guaranteed your trainer. If anything were to happen to said trainer (i.e. illness, relocation, expulsion, resignation, etc.) you will be transferred over to another trainer under Lockfit, LLC.
3. You are under a "X"(however many month(s) agreed upon) month agreement which cannot be cancelled for any reason.
4. If you are late, a session will last until the end of the hour the session was scheduled for.
5. You understand that your sessions will be an hour in length.
6. All sessions must be used within 30 days after you cancel personal training.
7. You understand that if you do not submit cash or check payments each month on the date of this contract, then your card on file will be charged on that date.
8. You understand that your credit/debit card on file will be charged automatically monthly.
9. You understand that after your "X"(however many month(s) agreed upon) month agreement, you will have the following options:
1. Cancel Personal Training.
2. Re-enroll into an agreement.
3. Continue as a month to month client.
10. You understand that at the end of your "X"(however many month(s) agreed upon) month agreement you will automatically be enrolled into a month to month agreement which will have a $10 increase in the session rate.
11. You understand that you may cancel personal training at any time after the end of your "X"(however many month(s) agreed upon) month agreement.
4. WAIVER AND INDEMNITY
The Client agrees to indemnify the staff and/or the fitness trainer for any injuries, illnesses, or expenses from the Clients participation, especially if the Client has neglected to disclose a known medical condition or similar information that might affect the Clients ability to participate in the Fitness Program.
5. TERMINATION OF AGREEMENT
The Parties shall have the right to terminate this Agreement upon thirty (30) days advance written notice of termination to the other party.
6. EFFECT OF TERMINATION
In the event the Client terminates this Agreement, the Trainer shall retain all payments made for all unused Training Sessions or packages. In the event the Trainer terminates this Agreement, the Trainer shall refund to the Client all payments made for unused portions of Training Sessions or packages.
7. ENTIRE AGREEMENT
This Agreement (including the Full Disclosure of Physical Conditions/Informed Consent and Assumption of the Risk, and Release of Liability) constitutes the agreement of the Parties, and supersedes any and all previous understanding, agreements, arrangements, or discussions, written or oral, between the Parties relating hereto. There are no collateral agreements, representations, or guarantees, oral or otherwise attached hereto and signed by both Parties.
All warranty information will be discussed and included in the physical copy of all signed agreements(if applicable).
In the event that the client fails to pay in accordance with this agreement said client will be in default and said Lockfit, LLC shall be entitled to receive interest on the unpaid balance due at the rate of 12 percent per annum including but not limited to reasonable attorney’s fees and costs.
When signing up for any service(s) provided by Lockfit, LLC, you will sign a physical copy of all terms and conditions. Anyone under 18 must be accompanied by a legal parent and/or guardian at the time of signing, and said legal parent/guardian must sign as well.
1. PURPOSE AND EXPLANATION OF PROCEDURE
You hereby consent to engage in a plan of personal fitness training intended to improve your health and fitness. You understand the levels of exercise you perform will be based on your relative states of cardiorespiratory and muscular fitness. You understand that you may be required to undergo a graded exercise test prior to the start of your personal fitness training program in order to evaluate and assess your present level of fitness.
You agree to follow your fitness trainer’s instructions that will direct the amount and kind of exercise you should do. You understand your trainer will guide your activities, monitor your performance, and otherwise evaluate your effort. You will also comply with your trainer’s requests to monitor your blood pressure and heart rate during training. You agree to attend every session and to follow staff instructions regarding exercise, and other health and fitness related programs. You accept responsibility to consult with your physician regarding your suitability to engage in this fitness training program and also to ensure that the training program is safe with respect to any prescription medications I am now or in the future may take. You also agree to inform my trainer promptly of medications and any changed your doctor or you have made with regard to the use thereof.
You understand that your fitness program may involve strenuous activities, and you agree to notify your trainer immediately if you experience undue fatigue, shortness of breath, chest discomfort, or similar occurrences. You understand that you have the responsibility to decrease or stop exercise in the event of such symptoms, and that it is your obligation to inform your trainer immediately of the presence thereof. You agree to accept your trainer’s discretion in monitoring your performance, pulse and/or blood pressure.
You agree to follow your trainer’s discretion regarding whether to reduce or stop your exercise program for your own safety and welfare. You also grant permission to your trainer for physical contact during the performance of your training program to the extent necessary to ensure the proper performance of fitness activities.
You understand that my fitness training program poses the possible adverse effects such as, but not limited to, elevated blood pressure, fainting, dizziness, disorders of heart rhythm, and in very rare instances heart attack, stroke, or even death. You also understand and accept the risk of possible bodily harm such as, but not limited to, injuries to the muscles, ligaments, tendons, and/or joints. You understand these risks, and it is your desire to participate as herein indicated.
3. BENEFITS TO BE EXPECTED AND ALTERNATIVES AVAILABLE TO EXERCISE
You understand that if you closely follow the program instructions, that you will likely improve my fitness level within a period of 3-6 months.
4. INQUIRIES AND CONSENT
You acknowledge you have received ample opportunity to ask questions as to the program outlined above before signing up for any service provided by Lockfit, LLC.
You have read this Informed Consent form, fully understand its terms, understand that you have given up substantial rights by signing it, and sign it freely and voluntarily, without inducement when signing up for any service provided by Lockfit, LLC.
Waiver, Release, & Assumption of Risk
When signing up for any service(s) provided by Lockfit, LLC, you have agreed to engage Lockfit, LLC (“Trainer”) to provide you a fitness program, which may include, but not be limited to resistance training, flexibility training, strength training and aerobic/anaerobic and/or cardiovascular exercise. In consideration of Trainer’s agreement to instruct and train you, you hereby and forever release and hold harmless Trainer and its agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any exercise program including any injuries resulting therefrom.
THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO TRAINER OR TO YOURSELF THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR NEGLIGENT INSTRUCTION OR SUPERVISION.
You understand that any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. You also understand that any exercise and/or fitness activity involves a risk of injury, and symptoms such as changes in blood pressure, fainting, heart attack, stroke, other serious disability, and/or death, and you voluntarily engage with Trainer to help you participate in these activities and use equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. You hereby agree to assume and accept any and all risks of injury, regardless of severity, or death.
You understand it is my responsibility to consult with a physician to confirm my suitability to commerce a fitness and/or exercise program, or initiate a substantial change in the amount of regular physical activity performed. In any event, you acknowledge and agree that you assume the risks associated with any and all fitness related activities and/or exercises in which you participate.
YOU ACKNOWLEDGE THAT YOU HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, BY SIGNING THIS DOCUMENT, YOU ARE WAIVING ANY RIGHT YOU OR YOUR SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST TRAINER FOR ITS NEGLIGENCE OR THAT OF ITS EMPLOYEES, AGENTS, CONTRACTORS AND/OR SUBCONTRACTORS.
This form is an important legal document that explains the risks assumed by beginning an exercise program. You acknowledge that you have read and understood this document completely.
Photo, video & sound Recording Release & Consent
When signing up for any service(s) provided by Lockfit, LLC , you are irrevocably giving permission to Lockfit, LLC’s employees, agents, successors, contractors and/or subcontractors, to take and use photographs, videos, or sound recordings of you. This is completely voluntary and up to you.
Your consent to the use of the photographs, videos and sound recordings and your image, likeness, appearance, and voice is for the duration of your personal training agreement and thereafter. You will not receive compensation for the use of your image, likeness, appearance, and voice now or in the future. Lockfit, LLC may use the photographs, videos and sound recordings containing your image, likeness, appearance and voice in any manner or media, including use on web pages. The photographs, videos, and sound recordings may be used for any educational, institutional, scientific, informational, or any commercial purposes whatsoever. Lockfit, LLC has the right and may allow others outside Lockfit, LLC to copy, edit, alter, retouch, revise, and otherwise change the photographs, videos, and sound recordings at Lockfit, LLC’s discretion. All rights, title, and interest in the photographs, video, and sound recordings belong solely to Lockfit, LLC.
You further give permission to Lockfit, LLC to use your name, biography, and any other personal data, events, or other material in or in connection with any such use of the photographs, videos, and sound recordings.
You understand and agree to the conditions outlined in this Photo, Video and Sound Recording Release and Consent Form. You irrevocably give consent to Lockfit, LLC and Lockfit, LLC’s employees, agents, successors, contractors, and/or subcontractors during the duration of your personal training agreement and thereafter to make use of your image, likeness, appearance, and voice in photographs, video, and sound recordings as described above. You acknowledge that you are fully aware of the contents of this release and are under no disability, duress, or undue influence at the time of your signing of this instrument.