Terms & Conditions
August 8, 2024
1. THE PARTIES. This Personal Training Contract (“Agreement”) is between the participant (“Client”) and Motivated By Movement LLC (“Motivated by Movement” or “Personal Trainer”).Client and Personal Trainer are each referred to herein as a “Party” and, collectively, as the "Parties," and hereby agree to the following:
2. SERVICES. Motivated By Movement will provide Client with personal training, group training, online fitness classes, workout programs, and nutritional counseling services (“Services”) intended to enable and instruct Client in personal betterment of their physical health and fitness. For Personal Training, Client may dictate the training methods that should be followed to accomplish their goals for the Services.
3. DURATION. The duration and number of Services provided by Motivated By Movement will vary based on the package purchased and be determined by the number purchased. A one-time meeting with a Personal Trainer or Group Class counts as one session (“Session”), whether a one-time Session or a multiple Session package.
4. FEE. Client agrees to pay fees for the Service(s) (“Fee”) And payments shall be made online at “www.motivatedbymovement.com” ahead of training sessions.
5. SESSIONS PER PERIOD. Client shall request the Service(s) at a mutually agreed-upon time as stated above in the “Duration” and “Fee” sections. Client shall book Session appointments at time of payment. Multiple Session or subscription packages must be used within 30 days of purchase. Unused Sessions, purchased in the form of one-time, Multiple Session, or subscription packages will not be refunded. It shall be Client’s responsibility to reschedule any canceled Sessions in accordance with Section 9 below, so as to not lose unused Sessions.
6. TERM. This Agreement will be effective as of the purchase date and will continue as agreed upon in the “Fee” section above or until canceled by either Party.
7. LOCATION. Personal Trainer agrees to provide Services virtually using an online platform or at a mutually agreed-upon location (“Location”) for in-person Services.
8. LATE POLICY.
For Personal Training and Consultation Sessions: If Client is late to a Session by more than 15 minutes, the Session will be considered forfeited by Client, without the ability to reschedule, and Client will not be reimbursed for that Session.
For Group Class Sessions: Client may join the Session at any time during the duration of the Session. However, if Client is late during the Session, the Session will be considered fulfilled in its entirety and cannot be made up at a later date. If Client misses a Session in its entirety, the Session will be considered forfeited by Client, without the ability to reschedule, and Client will not be reimbursed for that Session.
9. CANCELLATION POLICY. Client may cancel a scheduled Session with at least 48 hours’ prior notice to Personal Trainer or Motivated By Movement (“Proper Notice”). Upon giving Proper Notice, Client may schedule another Session with Personal Trainer at a mutually agreeable time.
10. REFUND POLICY. If Client has made payment and no longer wants Services, payments already made at that time shall be nonrefundable.
11. PERSONAL TRAINER’S OBLIGATIONS. For Personal Training Sessions, Personal Trainer shall:
• Provide an exercise program which meets Client’s needs in a manner suited to their age, body type, and goals;
• Provide standardized measurements and tests to record Client’s health (e.g., blood pressure, heart rate, etc.);
• Conduct Sessions professionally, ensuring they start and end on time, and provide appropriate guidance and support during workouts in accordance with this Agreement; and
• Prioritize safety during Sessions, providing modifications or alternatives where necessary based on Client’s disclosed health conditions or limitations, and provide a positive and safe atmosphere for Client while looking out for their best interest.
12. RISK. During any exercise program associated with the Session(s), every effort will be made to ensure safety. However, as with any exercise program, there are risks, including but not limited to increased heart stress and the chance of musculoskeletal injuries. Client hereby agrees to assume responsibility for these risks and waives any claim against Personal Trainer and Motivated By Movement for physical injury. Client also agrees that they have no known limiting physical conditions or disabilities which would preclude taking part in an exercise program as part of Sessions. By signing below, Client accepts full responsibility for their own health and well-being, and acknowledges that Personal Trainer and Motivated By Movement assumes no responsibility for any physical injury which Client may experience during Session(s).
13. DISCLOSURE. Personal Trainer(s) and Motivated By Movement do not, and does not claim to be, a licensed physician, and does not hold any credentials that may qualify them to give medical advice.
14. INFORMED CONSENT. Client hereby acknowledges, certifies, and accepts the following:
• Physical Condition. Client is in adequate physical condition to participate in exercise despite any medical conditions they may have, and has been cleared to exercise by a physician.
• Assumption of Risk. Client assumes the risk of physical injury from any advice, instruction, or action conducted during or as a result of a Service.
• Reporting Discomfort. Client shall immediately bring any discomfort, distress, or uncomfortable feelings associated with Session(s) to the attention of Personal Trainer.
• Indemnification. Client shall not hold Personal Trainer or Motivated By Movement its employees, affiliates, agents, or any other entity or individual connected to them either directly or indirectly liable for any result from Session(s).
• Responsibility. Client assumes all responsibility for participation in Session(s.)
14. NO WARRANTY. Personal Trainer and Motivated By Movement make no guarantees regarding the outcome of Sessions or any recommendations made by a Personal Trainer in associated therewith, including but not limited to those concerning exercise and diet. Personal Trainer will make a good-faith effort, in accordance with industry standards, to provide the best experience for the Client on an as-is, where-is basis.
15. GOVERNING LAW. This Agreement is governed under the laws of Washington State, as the location of where the Services are performed by Motivated By Movement.
16. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities, or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
17. INTELLECTUAL PROPERTY: All materials provided during the Services, including workout plans, videos, and coaching advice, are the intellectual property of Motivated By Movement and may not be distributed or reproduced by Client without permission.
18. ENTIRE AGREEMENT. This Agreement contains all the terms agreed to by the Parties relating to its subject matter, including any attachments or addenda. This Agreement replaces all previous discussions, understandings, and oral agreements between the Parties. By signing below, Client understands and agrees to the terms and conditions of this Agreement and shall be bound thereby unless and until this Agreement is null and void.
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How to Contact Us: If you have any questions or concerns regarding this Terms & Conditions Policy as it relates to our business, please feel free to contact us at info@motivatedbymovement.com.
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