AGREEMENT

This agreement is between [FullName] (the “Client”) and [BusinessName] (the "Provider”).

Training Sessions: The Client is purchasing a program. Arrival to a session after 15 minutes of the Client’s scheduled time will be considered a “no-show” and the session will be counted as being used. Regardless of starting time, all sessions will end at the predetermined end 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 within one year of your starting that package. Sessions are not transferable without the Provider’s written consent.

Rules: The Client agrees to follow all instructions of your trainer.

Health: The Client represents that they do not have any health condition that strenuous exercise could make worse. The client understands that the Provider is not medically trained to monitor the Client’s health during exercise. The Client agrees to contact their own doctor for any questions regarding their ability to exercise safely. This program is for the Client’s recreational use only and nothing stated, given, or written should be taken as medical advice.

Renewal: The Client may renew this agreement, and keep their reserved time slot, only by making a payment on another package before the last paid session. A payment on any new package of sessions renews this agreement. The Provider may increase rates at any time, except for the sessions included in this agreement. The Provider is not obligated to renew this agreement at the rate in this agreement.

Cancellation:

If the Client cancels or reschedules a session after 6:00 pm the day before their appointment, it counts as a used session. This policy is strictly enforced with no exceptions. The Client may call or text his/her coach even on Sunday. The Client will receive a text reply confirming the receipt of his/her message. Excessive cancellations interfere with the Client’s progress and the Provider’s scheduling. If the Provider believes the Client’s cancellations are excessive, the Provider will discuss this with the Client, but the Provider reserves the right to cancel the Client’s reserved time slot.

Cancellation upon death or disability: The Client may cancel this agreement if the Client dies or becomes physically unable to continue participating in a substantial portion of those services which they used from the commencement of the agreement until the time of disability. An appropriate refund of funds paid or accepted in payment of the agreement will be issued for unused portion of pre-payed time.

The Client or the Client'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 Client shall be established if the Client furnishes to the Provider a certification of such disability by a physician licensed under Virginia State Law 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 location goes out of business, or moves its facilities more than 10 miles from the business location designated in such agreement and fails to provide, within 30 days, a facility of equal quality located within 10 miles of the business location designated in such agreement at no additional cost to the Client, the Client 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 Client shall be given in writing to the Provider. The business location of the Provider 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. Any notice of intent to cancel or termination by the Client under any provision of this agreement must be delivered via mail to BodyBySilvia,LLC, 8000 Orange Plank Road, Springfield, VA 22153. The Client’s agreement will not be considered cancelled until the Client receives an official cancellation notice from the Provider.

Refunds: All fees for this Agreement are immediately earned by the Provider. All fitness service fees are non-refundable, unless specifically stated otherwise in the agreement. If the Client is entitled to a refund, your refund will be limited to unused sessions. In no event are you entitled to a refund for used sessions.

Termination for Cause by the Provider: The Provider may, at its option, terminate this agreement if: the Client fails to make timely payments under any payment plan, any monthly payments or dues are late, the Client fails to follow any of the Provider’s membership policies or violates any part of this agreement, or the Client’s conduct is improper or harmful to the best interest of the Provider or its members. Termination is effective on the date the Provider emails a written notice to the Client’s current email address. The Client is liable for all financial obligations until that date.

Termination Without Cause by the Provider: The Provider reserves the right to terminate the Client’s membership for any reason not stated above and not prohibited by law. If the Provider does so, it will email a written termination notice to the Client’s current email address. The Provider may put the Client on a 30 day notice before termination of membership in the effort to resolve any issues or differences and will clearly state what they are.

Early Termination Fee: The Client may cancel this agreement before the agreed upon term has been reached by paying the equivalent of 1 month membership fee of his/her purchased program.

Membership Freeze Policy: The provider will only freeze the Client’s agreement if the Client is in good standing, has all initiation fees paid, is current on monthly dues, provides at least ten (10) days notice for a freeze request to allow the Provider to process the Client’s request. The Client will not be charged during the freeze periods and the contract will be extended depending on how many weeks the Client chooses to freeze.

3 month membership: 1 week of freeze allowed

6 month membership: up to 2 weeks of freeze allowed

12 month membership: up to 4 weeks of freeze allowed

Media Release

The Client understands and accepts that his/her image, comments, likeness, accomplishments, goals, and challenges the Client overcame may be used by the Provider ONLY with the Client’s permission and that the Client is not entitled to any compensation for such use.

Entire Agreement: The Client has not relied on any oral representations by anyone in addition to, or inconsistent with, the written terms of this agreement.

By signing below the Client acknowledges that they have read, understand, and agree to all terms on the entire agreement.

Waiver:

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 by the Provider today, and at any time in the future, the Client understands and agrees to all of the following:

Assumption of Risk: The Client understands 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. The Client understands these risks and agrees to assume all risk of injury or illness associated with exercise whatever the cause.

Indemnification and Hold Harmless: The Client agrees to indemnify and hold harmless the Provider and all others by paying all costs and attorneys’ fees the Provider may 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 the Provider and/or others are not liable for the injury or loss.

Interpretation: This agreement is intended to be interpreted as broad and as inclusive as permitted by the laws of the State of Virginia to relieve the Provider, and all others associated in any way with the Provider, from all liability for any and all claims for damages due to injury or property loss based on any legal theory.

User Agreement and Waiver for BBS Lifestyle Fitness