client agreement

JSFitForLife, LLC Personal Training Client Agreement 

JSFITFORLIFE, LLC is registered with the State of Florida as a Health Studio. Registration No is: HS16357

 

1.   AGREEMENT - This agreement (“Agreement”) is between JSFITFORLIFE, LLC, having its main fitness facility at 4007 SW Port St Lucie Blvd, Bldg A, Unit 8, Port St Lucie, Fl, 34953, and the undersigned Client (“Client”). This Agreement is effective as of the execution date on page 4. 

2.   Session Options– Client selects the following option: 

                o Single Session Option   o Multi-Session Bundle 

a.                   Single Session: Client shall pay $70 for 1 hour session, and $40 for 30 min session via the Designated Billing Company. 

b.                  Multi-Session Bundle: Client shall pay $65 for 1 hour sessions, and $35 for 30 min sessions (bundle is the chosen number of sessions to be used in 30 days) via the Designated Billing Company. 

c.                   Payments: Client hereby authorizes the Designated Billing Company selected by JSFITFORLIFE, LLC to draw items (checks, electronic fund transfers, charge card, and/or credit card) for the purpose of paying the session fees, including any late fees or service fees, as well as other purchases, on the account (the “Designated Billing Company”). JSFITFORLIFE, LLC hereby reserves the right to change the Designated Billing Company at its discretion and without warning. If such a change is made, the full terms and conditions of this Agreement will continue to apply, and Client agrees to authorize the new Designated Billing Company to charge Client’s account. 

3.   THREE-DAY RIGHT OF RESCISSION - New Clients have three days after signing this Agreement to cancel their sessions without penalty. If the Agreement is canceled within three days, JSFITFORLIFE, LLC will return to the member within thirty days all amounts paid less the cost of sessions used during those three days. To cancel, new clients must inform JSFITFORLIFE, LLC in writing of their intent to cancel. Written intent to cancel can be e-mailed to: fitforlifejs@gmail.com. Buyer shall include “3 day Cancellation” in the subject line.

4.   SUSPENSION/TERMINATION OF SESSIONS JSFITFORLIFE, LLC has the right to suspend and/or terminate any client sessions for non-payment of dues, fees, or for behavior inimical to the enjoyment of the JSFITFORLIFE, LLC facilities by other clients  and staff for any reason deemed sufficient in the sole discretion of JSFITFORLIFE, LLC. If JSFITFORLIFE, LLC becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, JSFITFORLIFE, LLC will extend the Client’s sessions for the period the facilities were unavailable.

 

5.   ADDITIONAL CANCELATION/TERMINATION TERMS

a. If JSFITFORLIFE, LLC goes out of business or relocates more than 5 miles from the current address (above), Client is entitled to cancel the Agreement and receive a refund for any unused portion of the Term. The Client should contact the Department of Agricultural and Consumer Services for information within 60 days should JSFITFORLIFE, LLC go out of business.

b. If a refund is due to Client, the refund shall be computed by refunding any unused sessions. The business location of JSFITFORLIFE, LLC shall not be deemed out of business when temporarily closed for repair and renovation of the premises:

i. Upon sale, for not more than 14 consecutive days; or

ii. During JSFITFORLIFE’S current ownership, for not more than 7 consecutive days and not more than 2 periods of 7 consecutive days in one calendar year.

iii. A refund shall be issued within 30 days after receipt of the notice of cancellation.

c. If Client dies or becomes physically unable to avail herself of a substantial portion of the services used from the commencement of this Agreement until the time of disability or death, JSFITFORLIFE, LLC shall refund the funds paid or accepted in payment of this Agreement (in an amount computed by refunding any unused sessions purchased within the last 30 days). A physical disability sufficient to warrant cancellation of this contract by the Client shall be established if the Client furnishes a certification of such disability by a licensed physician, provided the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days after the receipt of the notice of cancellation.

d. SHOULD CLIENT CHOOSE TO PAY FOR MORE THAN 1 MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT CLIENT IS PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF CLIENT’S MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. JSFITFORLIFE, LLC IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO CLIENT SHOULD CLIENT CHOOSE TO PAY IN ADVANCE.

 

6.   FREEZE POLICY – Client may freeze time on the purchased sessions for a medical reason. Freezes can be from 30 to 90 days at a time. JSFITFORLIFE, LLC may ask for documentation to verify Client’s situation. Once you resume any usage of sessions with JSFITFORLIFE, LLC, the freeze will terminate.  

7.   HOURS OF OPERATION - The hours of operation will be set by JSFITFORLIFE, LLC, and may be changed at JSFITFORLIFE, LLC’S sole discretion. In addition, JSFITFORLIFE, LLC, reserves the right to make or change the rules and regulations for the operation and use of the facility. JSFITFORLIFE, LLC, also reserves the right to add, eliminate, substitute or alter any training program, class, trainer, employee, equipment, furniture or fixture when deemed necessary. No refunds will be given based on the termination or resignation of an employee, independent contractor, or any other action pursuant to this paragraph. 

8.   LOST ARTICLES – JSFITFORLIFE, LLC, assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away. 

9.   DAMAGES – Clients shall pay for any damages to JSFITFORLIFE, LLC, property which results from the willful or negligent conduct of Client, Client’s guest, or dependent children. 

10.        WAIVER - Any failure by JSFITFORLIFE, LLC, to enforce any provision of this Agreement shall not be construed as a waiver of any provision or the right to enforce same. 

11.        GOVERNING LAW – This Agreement shall be governed by the laws of the State of Florida without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of this Agreement, or arising out of any other dispute or claim associated with JSFITFORLIFE, LLC, Client irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Florida (the “Florida Courts”) for any litigation or dispute arising out of or relating to this Agreement; (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Florida Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Florida Courts represent the exclusive jurisdiction for all disputes relating to this Agreement. 

12.        SEVERABILITY - If any portion of this agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect. 

13.        AMENDMENT - This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto. 

14.        CONTACT METHODS – Client authorizes JSFITFORLIFE, LLC, and their authorized designees to contact Client by email, telephone, or by other means. Subject to applicable law, Client agrees that any of these parties may contact Client at any mailing address, phone number or e-mail address set forth in this Agreement, or any other address subsequently provided to, or obtained by, any such party. By signing this agreement, Client hereby consents to receive autodialed and/or pre-recorded telemarketing calls and/or text messages from or on behalf of JSFITFORLIFE, LLC, and their authorized designees, and Client understands that such consent is not a condition of purchase. 

15.        ENTIRE AGREEMENT - This Agreement and the Rules and Regulations attached as Exhibit “A” hereto and made a part hereof, and the JSFITFORLIFE, LLC Participant Agreement, Release of Liability, Waiver and Assumption or Risk form constitute the entire and exclusive Agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein, are hereby waived.