The Membership Service and Release of Liability Agreement (the “Agreement”) is between MVMNT and you, the Client (individually, if you are the Client, and/or as agents or guardian of the Client). It is agreed between MVMNT and the Client that Client is purchasing, for the benefit of the Client, a fitness program membership, from MVMNT according to the terms below.The FUNCTIONAL FITNESS 3x PER WEEK membership grants the Client access to any class or Open Gym time on the MVMNT schedule for up to THREE sessions per week. The rate of $155 will be charged each month via CC/EFT, unless the full term is paid for up front. The initial term of this Agreement is 3 months, commencing on the date of payment. After this period, the contract will extend on a month-to-month basis. Additional sessions may be purchased individually for $10/class.
Client hereby authorizes MVMNT or its assigns to make periodic charges or withdrawals (“EFT Authorization”) from the account used to pay the initial payment described above or the account listed below or replacement account designated by Client and accepted by MVMNT for payment of any and all fees, late charges, costs, expenses or any other monies due to MVMNT under the terms and conditions of this Agreement. Client understands that Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon thirty (30) days written notice to, and approved by, MVMNT. Client may timely notify the financial institution in control of Client’s account to terminate this Request, but such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. MVMNT or its assigns reserves the right to add the following fees to the Client’s account balance should any of the following occur. Re-submit unpaid EFT draft-ten dollars, unpaid EFT draft (after re-submittal)-fifteen dollars, unpaid credit card debit-fifteen dollars, unpaid customer check-fifteen dollars. Payments received more than ten (10) days after the due date are assessed a late fee-fifteen dollars.
This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and MVMNT. MVMNT 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.
ADDITIONAL TERMS AND PROVISIONS
RELEASE OF LIABILITY:
CLIENT’S ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF MVMNT: CLIENT ACKNOWLEDGES THAT THE PERSONAL TRAINING/NUTRITIONAL SERVICE PROGRAMS PURCHASED HEREUNDER INCLUDES PARTICIPATION IN STRENUOUS PHYSICAL ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, RUNNING, WEIGHT TRAINING, STATIONARY BICYCLING, GYMNASTIC MOVEMENTS, VARIOUS AEROBIC CONDITIONING MACHINERY AND VARIOUS NUTRITIONAL PROGRAMS OFFERED BY MVMNT (THE “PHYSICAL ACTIVITIES”). CLIENT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVE THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEAT EXHAUSTION, KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY, HOWEVER CAUSED, OCCURRING DURING OR AFTER CLIENT’S PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A CLIENT, SLIP AND FALL BY CLIENT, OR AN UNKNOWN HEALTH PROBLEM OF CLIENT.
CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY ARISING FROM PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND CLIENT AGREES THAT IT IS THE RESPONSIBILITY OF CLIENT TO SEEK COMPETENT MEDICAL ADVICE REGARDING ANY CONCERNS OR QUESTIONS CONCERNING THE ABILITY OF CLIENT TO TAKE PART IN MVMNT PHYSICAL ACTIVITIES. BY SIGNING THIS AGREEMENT, CLIENT AFFIRMS THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITIES FOR EXCEEDING HIS OR HER PHYSICAL LIMITS.
CLIENT, ON BEHALF OF CLIENT, HIS OR HER HEIRS, ASSIGNS AND NEXT OF KIN, WAIVES ANY CLAIMS AGAINST AND RELEASES MVMNT (AS WELL AS ANY OF ITS OWNERS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS) FROM ANY AND ALL LIABILITY, CLAIMS AND/OR CAUSES OF ACTION THAT CLIENT MAY HAVE FOR INJURIES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PUNITIVE DAMAGES, ARISING OUT OF PARTICIPATION IN MVMNT ACTIVITIES, INCLUDING, BUT NOT LIMITED TO THE PERSONAL TRAINING/NUTRITIONAL PROGRAMS AND THE PHYSICAL ACTIVITIES.
FITNESS PROGRAM MEMBERSHIP AGREEMENT SERVICES: The service being requested is for coaching designed to progress the Client toward improved fitness. The agreement is for coaching services over a specific period of time during which the Client is eligible to partake in any and all activities in accordance with their membership package. This is NOT an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period. CLASS REGISTRATION:
The Client is required to RESERVE his or her spot in class prior to arriving at MVMNT, via the Triib website or app. The Client must also SIGN IN to class upon arrival at MVMNT. If the Client fails to register for class in advance, he or she may be turned away due to lack of availability. Registering for class and not showing up will result in one of the Client's sessions for the week being used. No-show in a full class may incur a penalty of $10.
REFUNDS: No refunds shall be made for services purchased, except as specifically provided in the Agreement.
PAYMENT & BILLING: Client has two options for payment: (1) Payment in full up front may be made for all services, or (2) Monthly payment by credit card or EFT per the guidelines above. The date the Agreement is signed shall be the billing date for the Client. Each month on this date, the monthly payment is charged to the Client’s credit card. Client’s contract will automatically renew at the end of the term described on the first page.
CLIENT’S RIGHT TO CANCEL: After the initial 3 month introductory period, the Client may terminate or cancel the Agreement with 30 days' written notice (email email@example.com).
CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, MVMNT shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If MVMNT delays or refrains from exercising any rights under this Agreement, MVMNT does not waive, nor will MVMNT lose those rights. If MVMNT accepts late or partial payments from the buyer, MVMNT does not waive the right to receive full and timely payments and other charges due under this Agreement.
SUCCESSORS AND ASSIGNS: Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Client, and anyone claiming by or through Client.
ENFORCEABILITY: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the laws of the State of Georgia. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, MVMNT and Client agree that the venue for such action shall exclusively be on the Cobb County, Georgia.
ATTORNEY FEES: In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.