Training Waiver & Agreement
The Personal Training Program Service and Release of Liability Agreement (the “Agreement”) is between BeneFIT Body Personal Training LLC and you, the Client. It is agreed by and between BeneFIT Body Personal Training LLC that Client is purchasing, for the benefit of the Client, Personal Training Services, from BeneFIT Body Personal Training according to the terms on the front and reverse side of this Service. Client whom this agreement belongs to is agreeing to enroll for the 12 month program and will be subject to ensure all payments have been made by the end of the 12 months of clients program. If client wishes to use and/or follow a payment method of making multiple payments, client will be continued to be enrolled in auto-withdrawal payments to receive the remaining balance for his/her membership and/or program. The client whom this agreement has been signed by is agreeing to take full responsibility to ensure payments are made to equal up to full tuition that’s listed in total due box. If client payments are declined and/or not processing correctly, our payment structure and system will continue to attempt payment withdrawal until payments have been made. If clients payment has not been received 30 days after due date, client will be subject to being sent to collection agencies to take care of the issue at a higher level.
Client agrees that the materials sent to her/him are not to be shared, distributed, printed and given to others, and/or sold for distribution. Client agrees that training programs, nutrition programs and everything else provided to client is professionally kept between client and trainer and is not distributed outside of client and trainer. Client agrees that what ever is shared in the private training groups is to not be shared outside of the group as our confidentiality is important and should be kept hidden within the group only. Your results are ultimately up to client and if client follows and agrees to follow the training programs and advice given from trainer. If client does not see optimal results client agrees to not slander, or discuss of BeneFIT Body and/or Kelsey Melling in a negative manner. Client is agreeing that over the time working together he/she will fully commit and give 100% of their efforts to training program. Client understands that no refunds are allowed unless due to death. BeneFIT Body is responsible for their actions and client is responsible for theirs.
CLIENT ACKNOWLEDGMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF BeneFIT Body Personal Training LLC. CLIENT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVES 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 PROSTRATION, 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 INVOLVED WITH 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 OR OTHER PROFESSIONAL ADVICE, REGARDING ANY CONCERNS OR QUESTIONS INVOLVED WITH THE ABILITY OF CLIENT TO TAKE PART IN BENEFIT BODY PERSONAL TRAINING LLC PHYSICAL ACTIVITIES. BY SIGNING THE AGREEMENT, CLIENT ASSERTS THAT HE OR SHE IS CAPABLE OF PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY FOR NOT EXCEEDING HIS OR HER PHYSICAL LIMITS.
IMPORTANT NOTE: Client, on his or her own behalf, by signing and agreeing to partake in BeneFIT Body Personal Training LLC Personal Training Service and related activities, agrees to release BeneFIT Body Personal Training LLC from liability due to participation. Client is urged to have the release agreement reviewed by an attorney before signing. By signing the Agreement Client acknowledges that Client has read, understood and agreed with all terms and conditions of the agreement, after having the opportunity to have it reviewed by an attorney at the discretion of Client. Client further acknowledges Client has received a filled-in and completed copy of the agreement, which includes the E.F.T. request, the release and waiver of liability, and all Additional Terms and Provisions located on the front and reverse side of the Agreement. The Agreement constitutes the entire agreement of the parties and no other agreement of understanding exists between Client and BeneFIT Body Personal Training LLC. BeneFIT Body Personal Training LLC has made no express of implied warranties or misrepresentations other than those expressly set forth in the Agreement to induce Client to enter into the Agreement. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement. If You are wishing to cancel your services at any time, a 30-day cancellation notice is required on your behalf in order for termination of your account to take place. The day you request to cancel your program will be the day that is selected as your 30-day mark. Once cancellation has been requested, you will receive a 30-day cancellation form within 48 hours of request and will have a 7-day window to fill out, complete form and send back electronically. Send all 30-day cancellation notices to to be valid. No cancellations will be taken into account via TEXT MESSAGE or SOCIAL MEDIA.
NOTICE: CLIENT, ON BEHALF OF CLIENT, HIS OR HER HEIRS, ASSIGNS AND NEXT OF KIN, AGREES TO FULLY RELEASE BeneFIT Body Personal Training LLC. (AS WELL AS ANY OF ITS OWNERS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS) FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LITIGATION ACTIONS THAT BUYER MAY HAVE FOR INJURIES, DISABILITY, OR DEATH OR OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO PUNITIVE DAMAGES, ARISING OUT OF PARTICIPATION IN BeneFIT Body Personal Training LLC. ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE PERSONAL TRAINING PROGRAMS AND THE PHYSICAL ACTIVITIES, EVEN IF CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACTS OR OMISSIONS AND/OR ANY OTHER TYPE OF FAULT OF BeneFIT Body Personal Training LLC, ITS OWNERS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS. IN CONSIDERATION TO CLIENT FOR WAIVER BY CLIENT OF LEGAL RIGHTS AND ACCEPTANCE OF FULL RELEASE AND ALL PROVISIONS UNDER THIS AGREEMENT. BUYER ACKNOWLEDGES GOOD AND VALUABLE CONSIDERATION FOR AGREEING TO ALL TERMS AND CONDITIONS OF THIS RELEASE, IN THE FORM OF BeneFIT Body Personal Training LLC AGREEING TO REDUCE INITIAL CLIENT CHARGES BY THE AMOUNT SET FORTH ABOVE.
REFUNDS: No refunds shall be made for services purchased, except as specifically provided in this Agreement.
PAYMENT IN FULL: If client desires to pay in full or future services, client’s executions of this agreement hereby constitutes a written request to make such payment in full.
CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any other terms and conditions of the Agreement, including but not limited to, the obligation to make any payment as and when due. Upon default, BeneFIT Body Personal Training LLC have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If BeneFIT Body Personal Training LLC delays or refrains from exercising any rights under this Agreement, BeneFIT Body Personal Training LLC does not waive, nor does BeneFIT Body Personal Training LLC lose those rights. If BeneFIT Body Personal Training LLC accepts late or partial payments from Client, BeneFIT Body Personal Training LLC does not waive the right to receive full and timely payments and other charges due under this Agreement.
CLIENT’S RIGHT TO CANCEL: Client may cancel any month to month program (all programs on the "special" program page on this website) with a 14-day notice. All programs that are on a reoccurring payment must be cancelled with more than 14 days before next months payment is due otherwise client is subject to one more month of coaching and one more payment. All 12 week, 6 month and 12 month coaching programs are not able to be cancelled. If enrolled in a 6 month or 12 month coaching program and you have enrolled with a payment program (multiple payments), you are subject to make sure all payments are made until the cost has been fulfilled 100%.
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. Further, if any such provision or portion of a provision may be reduced and/or narrowed in scope or the like, such provision or portion of a provision shall be reduced, narrowed and/or the like, and so enforced. However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waived any statute or other right of any type, which would invalidate the enforceability of any provision or portion of this Agreement.
GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the laws of the State of WASHINGTON. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, Benefit Body Personal Training and Client agree that the venue for such court action shall exclusively be Benton County, Washington.
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 attorney’s fees, court costs, and other charges from the other party as a party of any ruling, determination or judgment.
WARNING: Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and Women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids. Client understands this agreement and waiver prior to enrolling in any of the programs offered by BeneFIT Body Personal Training LLC