YC FITNESS LLC.
All Services Terms and Conditions.
PERSONAL TRAINING BY SESSIONS:
1. The Client acknowledges that they have either had a physical exam and have been given their physician’s permission to participate or have decided to participate without approval of their physician.
2. Client must pay the sessions in advance to ensure a spot in schedule.
3. Personal Training Sessions that are not rescheduled or canceled 24 hours in advance will result in forfeiture of the session and a loss of the financial investment at the rate of one session.
4. Clients arriving late will receive the remaining scheduled session time unless other arrangements have been previously made with the trainer.
5. The expiration policy requires completion of all Personal Training Sessions within 30 days from the date of purchase. Personal training sessions are void after this period.
6. Recurring payment can be canceled at any time by the Client.
NUTRITION COACH:
1. The Client acknowledges that they understand that although YC Fitness LLC may include nutritional advice, YC Fitness LLC is not a nutritionist or registered dietician (RD).
2. The Client acknowledges that they understand that any specific diet limitations need to be discussed with their physician, nutritionist, or RD to ensure proper monitoring.
3. Recurring payment can be canceled at any time by the Client.
ONLINE PROGRAMS:
1. The Client acknowledges that they have either had a physical exam and have been given their physician’s permission to participate or have decided to participate without the approval of their physician.
2. All materials are copyrighted. The content of this membership is for member's individual use only and a single user. If any of this content is used outside of the platform or shared, I will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such.
3. Program cicle is 30 days. The payment will automatically renew whether you used the app during those 30 days or not.
4. You can request to suspend your account if you are going to be away for a maximum of two weeks. Written notice should be provided at least two weeks ahead of time. The time will be credited at the end of the package period.
5. Each client has a maximum of one 2-week hold period for every 3 months of training.
PAYMENTS, CANCELATIONS, AND REFUNDS POLICIES:
1. All payments are monthly drafted.
2. YC Fitness won't have access to your payment information. Is a secure process through the Payments Platforms.
3. No refunds will be issued after the original date of purchase, for any reason. All payments are non-refundable, and you are responsible for full payment of the fees for the program regardless of you use the content/sessions or not.
4. Recurring payments can be canceled at any time by the Client by filling a form on the website before the monthly date of the draft.
5. Once canceled, the Client will have access to the content during the remaining time of the last paid billing cycle. Or, will be able to use the sessions left, in case there's any.
Acknowledgement & Assumption of Risk: The Client acknowledges that services offered hereunder include participation in vigorous physical activities, including but not limited to, weight training, stationary bicycling, aerobic conditioning, and nutritional advice. The Client acknowledges that they have either had a physical exam and have been given their physician’s permission to participate or have decided to participate without approval of their physician. The Client acknowledges that they understand that while YC Fitness LLC will review any disclosed medical limitations, YC Fitness LLC is not a physician and cannot replace the advice and expertise of a physician. The Client acknowledges that they understand that although YC Fitness LLC may include nutritional advice, YC Fitness LLC is not a nutritionist or registered dietician (RD). The Client acknowledges that they understand that any specific diet limitations need to be discussed with their physician, nutritionist, or RD to ensure proper monitoring.
The Client acknowledges as with any exercise program, there are risks, including increased heart stress, and the chance of musculoskeletal injuries (muscles strains, pulls, or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries, and any other illness, soreness) however caused, occurring during or after Client’s participation in the physical activity. Client also acknowledges that these risk include, but are not limited to, injuries caused by negligence of an instructor or other person, defective or improper use of an equipment, over-exertion of client, slip and fall by client, or an unknown health condition of Client. In volunteering for this program, Client agrees to assume all risk and responsibility for participating in the physical activity. Client also affirms that to his/her knowledge, does not have any limiting physical conditions or disability that would preclude an exercise program. Client acknowledges participation will be challenging (physically and mentally), and Client agrees that it is the responsibility of Client to get competent medical or other professional advice, regarding any concerns or questions involved with the ability of Client to take part in the physical activity. By signing this Contract/Agreement, Client declares that Client is capable of participating in the physical activities. Client agrees to assume all risks and responsibility for Client’s exceeding his or her physical limits and waives any possibility for personal damage.
Accordingly, the Client acknowledges:
(i) I understand that I have the complete right to stop or decrease exercise at any time during a session, and that it is my obligation to notify my physician or seek medical attention immediately if I develop any symptoms such as fatigue, shortness of breath or chest discomfort.
(ii) I realize that participation in the program including but not limited to exercising, use of exercise equipment and strenuous exertion (strength training) all of which increase heart rate and body temperature.
(iii) I understand that exercise involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Also, injuries could occur to bones, joints or muscles. Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill which I conduct myself in that activity or program.
(iv) Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, I hereby expressly assume all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation
(v) I do hereby waive, release and forever discharge to YC Fitness LLC from any and all responsibilities or liability for any present and future injuries or damages resulting or arising from my participation in any activities including but not limited to exercise, personal training or use of the equipment including any injuries and damages caused by the negligent act or omission of any of those persons or entities mentioned above.
Limitation of liability & Full Release of YC Fitness: Client agrees to release YC Fitness from any and all liability, claims, demands, or other actions that Client may have for injuries, disabilities or death or other damages of any kind, including but not limited to, direct special, incidental, indirect, punitive or consequential damages, whether arising in tort, contract, or breach of warranty, arising out of participation in the Services, including but not limited to, the physical activities even if caused by the negligence or fault of YC Fitness LLC. The Client releases and discharges YC Fitness LLC, and its respective members, agents, and representatives from all actions, causes of action, defenses, suit, debts, dues, sums of money, accounts, reckonings, bonds, bills specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law, or equity, which against YC Fitness LLC, the Client ever had, now has or hereafter can, shall or may, have for, upon, or by reason of any matter, in connection with the services provided by YC Fitness LLC. If the Client commences any legal proceeding against YC Fitness LLC with respect to any claim or matter arising out of this Agreement, the Client shall be responsible for, and will bear, all legal expenses or other costs (including legal fees) that YC Fitness LLC may incur in connection therewith.
Video Consent and Release Form: Client consent, without expectation of compensation or other remuneration, now or in the future, to YC Fitness LLC., its affiliates and agents, to use his/her image and likeness and/or any interview statements in YC Fitness LLC. publications, advertising, or other media activities (including the Internet and social media). This consent includes, but is not limited to: (a) Permission to interview, film, photograph, videotape, or otherwise make a video reproduction of the Client and/or record his/her voice; (b) Permission to use Client’s name; and (c) Permission to use quotes from the interview(s) (or excerpts of such quotes), the film, photograph(s), tape(s) or reproduction(s) of the Client, and/or recording of his/her voice, in part or in whole, in YC Fitness LLC. publications, in newspapers, magazines, and other print media, on television, radio and electronic media (including the Internet and social media), in theatrical media and/or in mailings for educational and awareness. This consent is given in perpetuity and does not require prior approval by YC Fitness LLC.
WAIVER - Any failure by YC Fitness LLC to enforce any provision of this Agreement shall not be construed as a waiver of any provision or the right to enforce the same.
GOVERNING LAW – For the purpose of resolving conflicts relating to or arising out of this Agreement, or arising out of any other dispute or claim associated with YC Fitness LLC, Client irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Florida (the “Florida Courts”) for any litigation or dispute arising out of or relating to this Agreement; (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Florida Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Florida Courts represent the exclusive jurisdiction for all disputes relating to this Agreement.