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Terms and conditions for Nutrition: Silver

Terms of Agreement:


The Client Waiver & Service Agreement (the “Agreement”) is between Indy Complete Fitness, LLC, an Indiana Limited Liability Company, doing business as NapTown Fitness, and/or Practice Indie (hereinafter “NapTown Fitness”) and you, the Client, and/or as agents or guardian of the Client (“Client”).


Scope of Agreement. It is agreed between NapTown Fitness and the Client that the Client is purchasing, for the benefit of the Client, a personalized fitness program which will take place either in Client’s home, a mutually agreed upon location, or one of NapTown Fitness’ locations..


Payment and Collection of Payment. Client hereby authorizes NapTown Fitness to make periodic charges or withdrawals (EFT Authorization) from the account listed below as payment for the services described below as well as payment for any and all fees, late charges, costs & expenses or any other monies due to NapTown Fitness under the terms and conditions of this Agreement. Client understands that Client is entitled to notice of all varying charges or withdrawals under the EFT. Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of payments due to NapTown Fitness for services rendered.


Tardiness and Cancellation. Client is aware that promptness is expected for all sessions. There will be no pro-rated fees for tardiness that is not the fault of NapTown Fitness. Cancellation of any scheduled appointment must be received at least 24 hours in advance; otherwise 50% of the session fee will be charged for each scheduled session and deducted from the account provided. Payment for sessions is due prior to departure on the day of the session or as agreed upon in writing between Client and NapTown Fitness.


You, the Client, may cancel this agreement at any time. To cancel this agreement, please email or deliver a signed and dated notice which states that you, the Client, are cancelling this Agreement and citing the reason for cancellation. Client concedes to pay a ‘cancellation fee’ of one full-session rate if the Agreement is terminated within one month of signing the Agreement. If the prepaid sum is for the Foundations program and Client is unable to complete the sessions, none of the sum will be refunded and the value of the sessions may not be added to any other program type or services.


Miscellaneous. By signing this Agreement, Client acknowledges that Client has read, understood and agrees with all terms and conditions of this Agreement after having the opportunity to have it reviewed by an attorney at the discretion of Client. This Agreement constitutes the entire agreement of the parties regarding the Services and no other agreement or understanding exists between Client & NapTown Fitness. NapTown Fitness has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement. Client also understands that this Agreement is separate from any future Waiver and Service Agreement required for membership or drop-in classes at any NapTown Fitness location.




RELEASE OF LIABILITY:

I, _ave volunteered to participate in a fitness program provided to me by NapTown Fitness employee, which will include, but will not be limited to, nutrition guidance, strength training and cardiovascular exercise. In consideration of the agreement with NapTown Fitness to instruct and train me, I do here now and forever release and discharge and hereby hold harmless NapTown Fitness and its respective agents, heirs, assigns, successors, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my voluntary participation in this or any exercise program including any injuries resulting there from.


THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES OR PROPERTY DAMAGE WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO THE TRAINER OR TO MYSELF THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR NEGLIGENT INSTRUCTION OR SUPERVISION.


I, have been informed of, understand and am aware that any exercise program, regardless of any use of exercise equipment, is a potentially hazardous activity. I also have been informed of, understand and am aware that any exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death, and that I am voluntarily participating in these activities and using equipment/machinery with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death. I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning this fitness program with NapTown Fitness, I hereby agree that I am doing so solely at my own risk. In any event, I acknowledge and agree that I assume the risks associated with any and all fitness related activities and/or exercises in which I participate.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY RIGHT THAT I OR MY SUCCESSORS, AGENTS, GUARDIANS, OR ASSIGNS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST NAPTOWN FITNESS OR ITS EMPLOYEES FOR ITS NEGLIGENCE OR THAT OF ITS EMPLOYERS, AGENTS, OR CONTRACTORS.


This form is an important legal document that explains the risks you are assuming by beginning an exercise program. It is critical that you have read and understand this document completely. If you do not understand any part of this document, it is your ultimate responsibility to ask for clarification prior to signing it.