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LIFT -Life Integrated Fitness Training, LLC

UBI: 604-656-835

11802 188th Street SE

Snohomish, WA 98296

(425) 749-6753

Client Agreement

Cancellation Policy: If you need to cancel or reschedule a 1-on-1 session after 6 p.m. the day before your appointment, it counts as a used session. This policy is strictly enforced with no exceptions. You may text or leave a voicemail on the LIFT-Life Integrated Fitness Training, LLC (hereafter referred to as LIFT) phone number listed above at any time. Excessive cancellations interfere with your progress and our scheduling. If we believe your cancellations are excessive, we will discuss this with you, but reserve the right to cancel your reserved time slot.

 

Training Blocks & Performance: Training is delivered in blocks, each one month long. Each block includes 1-on-1 and self-directed work. We provide tools for you to track your own performance in each block. Duringour coaching sessions, your trainer will ask questions regarding your performance to assess progress and results. You are responsible for keeping track of these items. At the conclusion of each block of work, changes in measurements or assessments must be shared with your trainer. Your progress will not be shared with others without your express written permission, but testimonials are very much appreciated.

 

Scheduling: Scheduling will be done directly with this Wix Website unless specifically agreed upon with your trainer.

 

Payment: All sessions are by pre-paid appointment only. The 1-on-1 sessions of your monthly block of work will not be scheduled and the details of your monthly workout block will not be delivered until payment is received. You must use each block within 12 months of purchase. Blocks are not transferable without our written permission. In order to guarantee the 6-month or 12-month package price, a credit card or debit card must be on file with LIFT for billing purposes.

Health: You represent that you do not have any health condition that strenuous exercise could make worse. You agree to complete the Physical Activity Readiness Questionnaire, answer all questions accurately and to the best of your knowledge and if necessary, consult your physician before engaging in fitness training with LIFT or if you develop concerns about your ability to exercise safely during our sessions. You understand that our trainers are not medically trained to monitor your health during exercise.

 

Renewal: You renew this agreement, and keep your preferred time slot (if applicable), only by making a payment on another package before your last paid block. A payment on any new package or blocks, renews this agreement. We may increase rates at any time, except for the sessions included in this agreement. We are not obligated to renew this agreement at the rate in this agreement.You may cancel this agreement within 3 days, exclusive of holidays and weekends, of its making, upon mailing or electronic mailing a written notice to LIFT. You will receive a complete refund for all monies paid within 30 days after the receipt of the notice of cancellation made within the 3 day provision.

 

You may also cancel this agreement under other conditions stated in the “Other Conditions” section of this agreement. The subsequent sections of this document also include a waiver of any right you may ever have to claim any damages for loss, injury, or death from LIFT and others. By signing below you acknowledge you have read, understand, and agree to all the terms on pages 1,2, and 3 and you have received a copy of this agreement

Other Conditions

 

Cancellation upon death or disability:The client may cancel this agreement if the client dies or becomes physically unable to avail himself or herself of a substantial position of those services which he or she used from the commencement of the agreement until the time of disability, with refund of monies paid or accepted in the payment of the agreement in an amount computed by dividing the agreement price by the number of weeks in the agreement term and multiplying the result by the number of weeks remaining in the agreement term. 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 LIFT a certification of such disability by a physician licensed under 18.71 RCW 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 cancellationmade pursuant to this paragraph. Other Cancellation Provisions: If this business goes out of business, or moves greater than 10 miles from the current address (valid for in person services only), 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 must be received in writing and must be delivered in person, by mail or by electronic mail to LIFT-Life Integrated Fitness Training, 11802 188th Street SE, Snohomish, WA, 98296. We assume no responsibility for mail not received if not sent by certified mail.

Assumption of Risk, Waiver and Release of Liability, and Miscellaneous Provisions

 

In consideration of the permission to use the equipment, services, premises, and products provide by LIFT-LIfe Integrated Fitness Training, LLC (hereafter LIFT) today, and at any time in the future, I understand and agree to all of the following:

 

Assumption of Risk: I understand 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. I understand these risks and agree to assume all risk of injury or illness associated with exercise whatever the cause.

 

Waiver and Release of Liability: I agree expressly, voluntarily and knowingly waive and renounce any claims against LIFT, its directors, officers, owners, employees, volunteers, independent contractors, agents, assigns, successors, vendors, suppliers, equipment manufacturers, lessors, consultants, other clients, and all others associated with them (collectively “all others”) from any and all damages, actions, causes of actions, liabilities, claims, and demands demands whatsoever, known or unknown, latent or patent, including without limitation, any claims or damages resulting from failure to act, or conduct of any of them arising from their negligence (whether ordinary or gross), breach of duty, or any other theory of legal liability for (1) any physical or emotional injury or illness suffered by me (including death) arising from my attending LIFT services or using its equipment, facilities, products, and/or premises; and (2) any damage to, loss of, or theft of my property.

 

Covenant Not to Sue: I agree that I shall never institute or cause to be instituted, any suit, charge, demand, claim, complaint, or cause of action, in law, in equity, or otherwise, in any court, or in any arbitration system or procedure against LIFT, related to or arising out of my attending LIFT services or using its equipment, facilities, products, and/or premises; and (2) any damage to, loss of, or theft of my property.

 

Indemnification and Hold Harmless: I agree to indemnify and hold harmless LIFT and all others, from and against any and all claims, losses, damages, liabilities and expenses (including without limitation, settlement costs and any reasonable legal or other expenses for investigating or

defending any actions or threatened actions) LIFT may incur in connection with any action, claim or dispute arising out of the use of its equipment, facilities, services, products and/or premises.

 

Denied Payment Charges: If my payment is denied for any reason, I agree to pay a $25.00 service charge plus the amount of the denied payment within 5 days. I agree to pay all costs of collection, including reasonable attorney’s fees and court costs.

 

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

 

Severability and Acknowledgement: If any portion of this agreement is held invalid, the balance of the agreement shall continue in full legal force. Any legal action shall be brought in Snohomish County, Washington. I acknowledge that this waiver shall be effective whether or not any loss, damage, injury or death results from the negligence of LIFT. I understand that negligence means a failure to do an act which a reasonably careful person would do, or the doing of an action which a reasonably careful person would not do, under the same or similar circumstances to protect him or herself, or others, from accident, death or injury.

 

Consent to Physical Contact: It is sometimes necessary for a trainer to physically touch a client to attain the proper form for an exercise. I hereby consent to such appropriate physical contact.

 

Entire Agreement: Pages 1, 2 and 3 constitute the entire agreement. I have not relied on any oral representations by anyone in addition to, or inconsistent with, the written terms of this agreement. This Agreement: (a) shall bind and inure to the benefit of each of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns; (b) constitutes the entire agreement between the parties hereto with respect to the subject matter hereof; © may not be amended or modified, nor any provision hereof waived, except in a writing signed by all of the parties hereto; and (d) shall be governed in accordance with the laws of the State of Washington, Snohomish County.

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