This Personal Training Agreement, (hereinafter, the Agreement) is made and entered into on June 15, 2020, by and between Hoops College LLC at PO Box 480516, Charlotte, North Carolina 28269, contacted by email at [email protected], (hereinafter, the Trainer) and the Client, contacted by email submitted with this form, (hereinafter, the Client). Trainer and the Client are sometimes collectively referred to in this Agreement as the Parties.
The parties hereby agree to the following terms and conditions:
1. GENERAL TERMS
Client acknowledges that s/he agrees to the services of a personal/basketball trainer provided by Hoops College LLC. The Trainer will design a tailored exercise program for the Client that reflects the clients objectives, fitness level, and experience. A different trainer may be assigned to the Client at any time upon the sole discretion of Hoops College, LLC. Training programs shall have various Training Sessions. Different types of training sessions shall last different amounts of time depending on the type of session (hereinafter Training Session).
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 includes various exercise programs 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, and cardiovascular machines; stretching; weight lifting; and any other training activities, techniques, and/or exercises.
If the Client chooses a Monthly Training Package, the Client agrees to pay the Trainer for the first month of the Training Package prior to the commencement of the first Training Session. If the Training Package includes a multi-month contract, the second payment is due before the second month of the Training Package commences. An early cancellation fee will apply to any multi-month contract. The fee will be $60 for each weekly session of a small group contract, and $175 for each weekly session of an individual multi-month contract.
If the Client chooses a Drop-In Training Package, half of the fee for the Training Package is due prior to the commencement of the first Training Session. The remaining half of the fee is once half of the sessions have been used. If the Client purchases one Training Session at a time, payment per Training Session is due in full prior to the commencement of each Training Session. Any Training Session not used within 7 days of the Effective Date for any Training Package shall be forfeited. The Client shall not be entitled to a refund of the cost for any Training Session not used within 7 days. The amounts payable per Training Session may be adjusted at 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 the Trainer of such cancellation at least 24 hours prior to the scheduled time. If the Client is more than 15 minutes late for an appointment, the lost time will be forfeited and charged for that Training Session as if the Client had been present.
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 Session, if different from the amount stated above, or unless the Parties execute a new Agreement.