ADRIEN COTTON TERMS, CONDITIONS, & HEALTH WAIVER
1. Compensation; Payments.
1.1 You will pay AC the fee set forth in the applicable Package during the term of the Package. (8 Weeks or One-time payment.)
1.2 Payment Authorization. AC accepts Visa, MasterCard, and American Express credit cards and bank debit cards (the “Card”) as the form of payment for all Packages. Payment by any means other than Client's Card is not permitted. You hereby certify that you are the holder of the Card, or an authorized signer, and per the Credit Card Authorization form submitted, confirms the authorization for AW to charge the your Card the applicable periodic amount described in the Package description for the duration of the Package.
1.3 Payment Rejection. If your credit card is rejected (for fraud, expiration or other reason), you will receive an automated email from AW on two (2) consecutive days requesting you to update the credit card (the “Notice”). You agree to update credit card information within forty-eight (48) hours of the 2nd email notification (“Grace Period”). If you fail to update within the Grace Period, an additional fee of $25.00 will be charged to your account. If you fail to update credit card information within three (3) days of the Notice, AW has the right to terminate a Package. In no event will you be permitted to utilize a Package until your account is in good standing.
2. Classe; Cancellations; Refunds.
2.1 Reservations. This Coaching Program is 8 Weeks each session will be pre-scheduled for 8 weeks. You acknowledge that you must attend the scheduled classes and missing classes will not result in a refund.
2.2 Client Cancellation of Programs. Except as provided below, Packages are non-refundable. You may cancel the Package if you have a medical condition preventing you from exercise documented by a practicing MD or PA.
2.3 Refund. A refund may be distributed in the event of the above medical condition (referenced in 2.2). One-Time payments will be prorated to account for the classes already participated in. A client may also request a refund 1 month prior to the start of Session 0.
3. Mutual Commitment. When you become a member of the Adrien Cotton community, you are making an effort to improve your health. We believe in a mutual commitment for the duration of your relationship with AC.
3.1 AC commits to the following items: 1) All AC professionals will be prepared and dedicated to tailoring a fitness plan to your specific needs 2) Obtain professional certifications 3) Keep all personal and health related information confidential 4) Ensure safety
3.2 Below is your commitment to AC: 1) Arrive on time, if not early. 2) Come prepared for your session 3) Focus on your session 4) Make a nutritional commitment – we believe that in order to have a healthy lifestyle, nutrition and exercise go hand in hand. What you eat and how much you eat is critical to success. 5) Do not interrupt others’ sessions. 6) Help us keep the gym clean and tidy -- throw away your trash, place your towel in the hamper and pick up your belongings. (in-person sessions)
4. Termination; Costs of Collection.
4.1 AC may terminate a Package at any time for any reason (or no reason) upon written notice to you. You will receive a pro-rated refund for the prepaid fees from the agreed upon Package.
4.2 Recovery of Costs. Client agrees to pay or reimburse all fees and expenses reasonably incurred by AC in enforcing and collecting any amounts due under these T&Cs, including, but not limited to, collection agency fees, all reasonable attorneys’ fees and all associated expenses.
5. No Assignment. You may not transfer or assign your rights under these T&Cs or a Package.
6. Notices. Any notice required or permitted by these T&Cs shall be in writing and shall be delivered as follows with notice deemed given as indicated: (a) by personal delivery when delivered personally; (b) by overnight courier upon written verification of receipt; (c) by e-mail or facsimile transmission upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the addresses set forth below or such other address as either party may specify in writing.
7. Governing Law; Venue. These T&Cs will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without reference to its conflicts of laws principles. Suit under these T&Cs will only be brought in a federal or state court of competent jurisdiction for the City of Alexandria, Virginia. The parties expressly consent to the exclusive jurisdiction of those courts, and agree that venue in those courts is proper.
8. Severability. Should any provisions of these T&Cs be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of these T&Cs shall not be affected or impaired.
9. Waiver. Any waiver by a party of one or more of the terms and conditions of these T&Cs or any default of the same will not constitute a waiver of the remaining terms and conditions and no failure or delay by a party in exercising or enforcing any right hereunder will operate as a waiver thereof or preclude any other exercise or enforcement of rights.
10. Sessions Expire. Any unused sessions will expire after 60 days.
11. Entire Agreement. These T&Cs, the details of the specific Package you purchase and the Credit Card Authorization Form(s) and the Waiver, Release and Assumption of Risk signed by you, constitute the entire agreement between the parties relating to AC’s engagement to deliver Packages and supersedes all prior oral or written agreements concerning such subject matter. These agreements may only be changed or amended by mutual agreement of you and AC in writing. These agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. These agreements may also be executed and delivered by facsimile signature, PDF or any electronic signature complying with the U.S. federal ESIGN Act of 2000 (e.g.,
www.docusign.com).
Fitness on the Run, LLC d/b/a Alexandria Wellness Waiver, Release and Assumption of Risk (Agreement)
Through Fitness on the Run LLC d/b/a Alexandria Wellness (collectively, “Wellness”), I am voluntarily participating in online programs, personal training sessions, wellness counseling, nutritional counseling or other related events (“Activities”), which, along with my use of any media, Wellness facilities or equipment require me to sign this Agreement. I understand that Wellness’ employees, agents, representatives, successors or assigns (“Wellness Parties”) are not medical doctors and do not diagnose disease.
ASSUMPTION OF RISK: I understand that before beginning any exercise program or undergoing any dietary or food supplement changes, I should first consult with my physician. I have been informed of, understand and agree that any exercise or nutrition program, whether or not it requires use of equipment, is a potentially hazardous activity. I have also been informed of, understand and agree that the Activities involve a risk of injury, abnormal changes in blood pressure, fainting, and a risk of heart attack, stroke, other serious disability or death. I agree that if I engage in any Activities, or enter Wellness’ premises or use any facility or equipment on Wellness’ premises for any purpose, I do so at my own risk and assume the risk of any and all injury and/or damage I may suffer, whether while engaging in exercise or not. This includes injury or damage sustained while and/or resulting from taking any supplements, using any facilities or equipment, whether provided to me by Wellness or otherwise, including injuries or damages arising out of Wellness’ negligence, whether active or passive, or any Wellness Parties. My assumption of risk includes, but is not limited to, my use of any supplements, equipment (mechanical or otherwise), sports fields, or other areas, sidewalks, parking lots, stairs, any general areas of any facilities, or any equipment. I assume the risk of my participation in all Activities, including weightlifting, walking, running, aerobic or any other sporting or recreational activity. I agree that I am voluntarily participating in the Activities and assume all risks of injury, illness, death, paralysis, damage, or loss to me or my property that might result, including any loss or theft of any personal property, whether arising out of Wellness’ negligence or otherwise. This release is not intended as an attempted release of claims of gross negligence or intentional acts.
RELEASE: As consideration for the right to participate in the Activities, I agree on my behalf (and all my personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Wellness and Wellness Parties from any and all claims or causes of action (known or unknown) arising out of Wellness’ or Wellness Parties’ negligence, whether active or passive. This waiver and release of liability includes any physical or psychological injuries which may occur as a result of (a) my use of any equipment or facilities which may malfunction or break, (b) improper maintenance of any equipment, premises or facilities, (c) negligent instruction/supervision, including personal training, (d) negligent hiring or retention of employees or agents, and/or (e) slipping/tripping/falling while on any portion of premises or while traveling to/from Activities, including injuries resulting from Wellness’ or Wellness Parties’ negligent inspection or maintenance of the facility or premises.
I agree I am being instructed for my personal health and benefit and not for qualification or certification to train/instruct others. I agree that attempting to train/instruct others could result in injury to another party who may attempt to hold me liable. I expressly forever release, discharge, and agree to hold harmless Wellness and Wellness Parties from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or related to any such activity.
I also acknowledge and agree that: I am physically and mentally sound and except as may be disclosed on my Health History, suffering from no condition, impairment, disease or other illness that prevents my participation in Activities and that I have disclosed any and all known medical or genetic conditions, medications I use, and any significant personal or family medical history. If I know or suspect I have an injury or health condition, now or in the future, I agree it is my responsibility to seek qualified medical supervision and clearance before participating in any Activities and to inform Wellness in writing. Any recommendations that I follow for changes in diet, including but not limited to the use of food supplements, are entirely my choice and my responsibility. If any Activities cause pain or swelling, I will discontinue the Activity immediately and understand that I should consult a physician for diagnosis and treatment. If I notice damaged equipment and/or facilities, I will immediately notify a trainer/instructor.
If Activities occur at my home, they are at my request and I will provide the equipment (“Equipment”). I will control the workout area and warrant that all Equipment is for personal use only. I understand that Wellness will not inspect the Equipment and does not know its condition. I take sole responsibility for the use of all Equipment and understand that it may malfunction, and injuries may result. I take sole responsibility to inspect all Equipment I take sole responsibility for any injuries incurred by Wellness by using the Equipment.
This Agreement supersedes all prior agreements with Wellness in relation to the waiver, release, or assumption of risk relating to my participation in the Activities. I have carefully read this Agreement and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. I am aware and agree that by signing below I am giving up my right to bring a legal action or assert a claim against Wellness or any Wellness Parties for such party’s negligence, or for any defective product used while participating in Activities. I have read and voluntarily signed the Agreement and agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made.