Terms and conditions for Semi-Private Personal Training | 1x Week
This Fitness Coaching Membership Agreement (“Agreement”) is between Highland Fitness & Performance LLC (“Highland Fitness & Performance,” “Trainer(s)”) and the undersigned Client (“Client,” “You,” “Your”). By signing below, Client agrees to be bound by these terms and conditions set forth herein.
In consideration of the mutual promises set forth below, the parties agree as follows:
Membership Services. This Agreement governs the fitness programs and services that You request and that Highland Fitness & Performance agrees to provide (“Membership”). Highland Fitness & Performance shall make every attempt to provide the best service possible and acknowledge Your requests (e.g. service type, session times) under the Membership, but the terms of this Agreement will not be affected and Highland Fitness & Performance shall not be held liable if these requests are not met.
Term and Cancellation of Membership. Membership may be offered in different terms (e.g. three-months or paid in full one-year). The term will be determined at the time of sign-up or special offer. You may cancel the Membership prior to the end of the term with a fee. To cancel the Membership, You must give thirty (30) days hand-delivered written notice to cancel Membership. Highland Fitness & Performance reserves the right to accept other types of notice under extenuating circumstances and reserves the right to cancel Membership at any time. If You cancel a Membership prior to the end of the term, You agree to be charged $75.00 per month (“Cancellation Fee”) until the end of the term through the original method of payment of Membership. Membership may be cancelled without penalty for military or medical purposes as long as You provide written proof of training, deployment, or injury.
Cancellation of Fitness Training Sessions and All Fitness, Performance & Personal Training Sessions. All cancellations of any semi-private made at least twenty-four (24) hours prior to the scheduled session time can be rescheduled as make-up session if the Trainers have availability. Cancellations must be made by calling or emailing Client’s Trainer. All cancellations of any fitness, performance, and personal training sessions made at least twenty-four (24) hours will be waived with no fee. Failure to cancel twenty-four (24) hours prior to the scheduled Semi-Private training session time will result in the Client’s forfeiture of a make-up fitness training session. If You sign-up for a Highland Fitness & Performance class, You must cancel sign-up through Pike or our membership management software at least twenty-four (24) hours prior to the class without a penalty. If You sign-up for a Highland Fitness & Performance class and fail to show, You will be charged $25 for that class. Note, no shows are equivalent to a late cancel. This means it is imperative, and the responsibility of the athlete, to check themselves in at the iPad for every class they attend. Please ask a coach if you need help with this. Of course, some true emergencies will be excused without penalty. There is also the scenario where you may late cancel a class by coming to an earlier class that has room (e.g., showing up at 6pm instead of 7pm). In these off cases, talk to the coach to make the necessary changes to avoid additional fees. Please note that the 24 hour cancellation policy applies to all Fitness, Performance class, Youth/Teen, and Semi-private training sessions.
Hold Fee. You may freeze Your Membership by giving notice to Highland Fitness & Performance LLC (5) business days prior to Your monthly billing date and by paying a monthly fee of $55.00 per month (“Holding Fee”). You may freeze Your Membership without having to pay the Holding Fee for military or medical purposes as long as the Member provides written proof of training, deployment, or injury.
Fees and Payment. You agree to pay the fees for Membership and any applicable Cancellation Fee or Holding Fee. You further agree that in the event Your credit card becomes invalid, You will provide a new valid credit card upon request, to be charged for the payment of any outstanding balances owed. All fees paid for Membership are non-refundable.
Notice of Photography and Intellectual Property. You understand that photos taken by Highland Fitness & Performance plays a significant role in its brand and building its fitness community. You consent to being photographed by Highland Fitness & Performance during Your sessions with Your Trainer. Highland Fitness & Performance owns all rights to all photographs taken by Trainers, including photographs with Your image. Highland Fitness & Performance may disclose the photographs to the public including, but not limited to, on the Highland Fitness & Performance website, in any social media for purposes of promoting Highland Fitness & Performance, and in any printed Highland Fitness & Performance publicity materials. Highland Fitness & Performance may also use the photographs for display within Highland Fitness & Performance facilities, for the education and training of fitness coaches, and for the Highland Fitness & Performance files. Highland Fitness & Performance will make the best efforts to discontinue use of photos with Your image at Your specific written request.
Indemnification. You agree to indemnify Highland Fitness & Performance against, hold it harmless from, and defend it from all claims, loss, liability, and expense, including attorneys' fees, arising out of or in connection with Your breach of this Agreement.
No Other Warranty or Representation. You agree that You have not entered into this Agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically contained in this Agreement.
Severability. This Agreement will be enforced to the fullest extent permitted by law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) the provision will be interpreted, construed, or reformed to the extent reasonably required to render the provision valid, enforceable, and consistent with the original intent underlying such provision; (b) the provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) the invalidity or unenforceability of the provision will not affect any other portion of this Agreement.
Modification. Any modification or amendment to this Agreement must be in writing and signed by both parties.
Governing Law. The laws of the state of Washington will govern any dispute arising from or relating to this Agreement. The parties submit to the jurisdiction of the state of Washington and federal courts for or in Seattle, King County, Washington, and agree that any legal action or proceeding relating to this Agreement must be brought in those courts.a
No Waiver of Enforcement. The failure of either party to enforce any provision of this Agreement will not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract