FITNESS TRAINING AGREEMENT & LIABILITY WAIVER
This Agreement is Effective on the Date of Booking (i.e. today)
SHINE Strength & Confidence Inc.
CONTACT: Jessica Takimoto
PHONE NUMBER: 647-979-7357
(“SHINE Strength & Confidence Inc.”)
CLIENT’S FULL LEGAL NAME, as indicated on Booking Form
(collectively, the “Parties”)
II. Terms of Agreement
IV. Rescheduling, Cancellation and Refunds
VI. Intellectual Property
VII. Relese, Indemnity and Waiver
VIII. Media Release
The purpose of this Fitness Training Agreement is to set out the expectations for what it will be like for the Parties to work together. For mutual consideration, the receipt and sufficiency of which is acknowledged, the Parties agree to the terms and conditions set out below.
By signing this Agreement, Client confirms that they have read, understood and agreed to accept all of the terms and conditions in this Agreement.
II. TERMS OF AGREEMENT
SHINE Strength & Confidence Inc. will provide the Services, beginning on the date of booking and continue until the end of the booking (“Term”).
*** Due to Covid-19, Client must re-book and re-agree to terms for each session booked.
SHINE Strength & Confidence Inc. will provide Client with the following services (collectively, “Services”):
ONE 40min Group Fitness Class throughout the Term, according to the Services Package selected in the Booking Form and scheduling system set out in this Agreement.
Training Sessions will take place either in-person, in a the location indicated on the Booking Form
Sessions will also be live-streamed and available online
Extension of Term
Following completion of the Term, this Agreement may be extended by the Parties or a new Services Package may be purchased on the same terms and conditions set out in this Agreement or as may otherwise be agreed on by the Parties in writing. If the Term is extended, terms including but not limited to, Fees, Services and schedules are also subject to change and be approved by the Parties in writing.
On signing this Agreement, SHINE Strength & Confidence Inc. and Client will schedule the Training Sessions. SHINE Strength & Confidence Inc. may use scheduling platforms, applications, websites or other software to provide easy scheduling, such as Wix Bookings, Events & Video software. If Services include video or phone calls with SHINE Strength & Confidence Inc., these may be conducted using third-party platforms, such as but not limited to, Zoom or Facetime. If Client needs to reschedule any Services, they must do so in accordance with the rescheduling policies of SHINE Strength & Confidence Inc., otherwise the Training Session will be forfeited and no refund will be provided.
During the Term, Client agrees to maintain communication, be on time for all Services, and provide all information and feedback needed for SHINE Strength & Confidence Inc. to carry out the Services and obligations under this Agreement. Parties agree to inform the other using reasonable efforts, should a delay occur, or be expected to occur. If Client does not maintain communication or provide SHINE Strength & Confidence Inc. with information as requested and required from time to time,SHINE Strength & Confidence Inc. may, in their sole discretion, delay or cancel the Services without providing any refunds.
If you know someone who you think would benefit from SHINE Strength & Confidence Inc.'s Services and Training Sessions, please share SHINE Strength & Confidence Inc.'s contact information. In return, SHINE Strength & Confidence Inc. will offer Client ONE complimentary Fitness Class for any new client that purchases Services with SHINE Strength & Confidence Inc. (including free classes). Please let SHINE Strength & Confidence Inc. know of any referrals you have made in order to redeem this offer.
Client’s Service is transferable, and Client has the option to transfer it to a third-party (“Transferee”) upon first obtaining SHINE Strength & Confidence Inc.'s consent to the transfer. Upon approval and transfer, Transferee will be bound by the terms and conditions of this Agreement. Transferee must schedule Services with SHINE Strength & Confidence Inc. at the time of transfer. The Agreement may be extended by Transferee, or new Services Packages may be purchased, according to the terms of this Agreement.
In exchange for the Services, the total fee plus all applicable sales taxes is indicated on the Booking Form (“Fee”). The Fee is payable in $CDN.
The total Fee for Services is due and payable on date of Booking. Client may also pay for Services using their Membership Subscription.
SHINE Strength & Confidence Inc. accepts payment either by Digital Payments via Wix E-Commerce (i.e most major credit cards). Please note that there may be processing fees charged for using certain payment methods - especially if your method of payment is not serviced by a Canadian Financial Institution.
Credit Card Authorization
Client acknowledges and authorizes SHINE Strength & Confidence Inc. to automatically charge their credit card provided to SHINE Strength & Confidence Inc. for all payments owing under this Agreement. Client authorizes SHINE Strength & Confidence Inc. to charge all payments to Client’s credit card at the time payment is due and no separate authorization is required. If Client cancels or replaces credit card, Client must immediately provide SHINE Strength & Confidence Inc. with new credit card information.
If any payment is not received on the payment due date, SHINE Strength & Confidence Inc. may stop all Services until any outstanding payment is received in full.
IV. RESCHEDULING, CANCELLATION AND REFUNDS
No rescheduling is available at this time.
In the event either Party wishes to cancel this Agreement, the Party who wishes to cancel will provide minimum 2 hours written notice to the other Party stating the last day Services are to be provided (“Cancellation Date”).
Cancellation by Client
In the event Client delivers notice of cancellation, SHINE Strength & Confidence Inc.will deliver a final invoice for all Services completed up to and including the Cancellation Date, and Client will pay the final invoice in accordance with the Payment Terms.
Cancellation by SHINE Strength & Confidence Inc.
In the event SHINE Strength & Confidence Inc. delivers notice of cancellation, SHINE Strength & Confidence Inc. will deliver a final invoice for all Services completed up to and including the Cancellation Date, as well as any outstanding payment owing for Additional Services, less the Deposit, and Client will pay the final invoice in accordance with the Payment terms.
All in-person events are subject to weather conditions. SHINE Strength & Confidence Inc. will may move class online up to 30 MINUTES IN ADVANCE if current weather conditions are unsafe or unsatisfactory for outdoor physical activity. In this event, Client will be able to join an online livestream in lieu.
If Client cancels this Agreement for any reason whatsoever, Client is not entitled to any refund of any amounts previously paid to SHINE Strength & Confidence Inc. SHINE Strength & Confidence Inc. may provide a refund in limited cases where it deems, in its sole discretion, to be appropriate and in an amount to be determined by SHINE Strength & Confidence Inc. on a case by case basis.
Termination of Agreement
This Agreement will end when Client has paid the Fee in full to SHINE Strength & Confidence Inc. and SHINE Strength & Confidence Inc. has performed the Services as set out in this Agreement. Any provisions that survive the termination of this Agreement will remain in full force.
SHINE Strength & Confidence Inc. may collect personal information during the Term, including Client name, address, email address, phone number, billing information, financial and business information, health history and data, birthday, social media handles, or other personal information (“Personal Information”). By providing any Personal Information to SHINE Strength & Confidence Inc., Client consents and grants SHINE Strength & Confidence Inc. permission to use and store such information in order to facilitate the Services. Client acknowledges and consents to the use of technology, telephones, e-mails, applications and third-party platforms that use video and audio, such as but not limited to, Zoom and Facetime, and third-party payment providers to be used by SHINE Strength & Confidence Inc. in order to deliver the Services. Client confirms SHINE Strength & Confidence Inc. is not responsible for the terms and policies of any third-party platforms and it is Client’s responsibility to review third-party privacy policies and terms and conditions.
VI. INTELLECTUAL PROPERTY
Client acknowledges that all content and materials used and distributed in providing the Services, including any content, videos or resources on SHINE Strength & Confidence Inc.'s website, social media platforms and member portal belongs exclusively to SHINE Strength & Confidence Inc., the sole copyright owner of the original materials, unless stated otherwise. By receiving any unique and original materials from SHINE Strength & Confidence Inc. as part of the Services, SHINE Strength & Confidence Inc. will grant a limited non-exclusive royalty-free license to Client for their use only and as directed by SHINE Strength & Confidence Inc.. Client is strictly prohibited from reproducing any part of the written, video, and audio digital materials or sharing them with others without SHINE Strength & Confidence Inc. explicit permission to do so. All of SHINE Strength & Confidence Inc.'s intellectual property, including copyrighted materials and trademarks, will remain the sole property of SHINE Strength & Confidence Inc.
VII. RELEASE, INDEMNITY AND WAIVER
PLEASE READ CAREFULLY. It is important Client fully understands that there are risks associated with the Services, and ask questions as needed. Client acknowledges and understands that they are waiving certain legal rights by signing this Agreement. If Client has any concerns or doubts about their health or ability to participate in the Services, Client will contact SHINE Strength & Confidence Inc. immediately to inform them of any concerns.
Client is aware that physical training, movement and exercise, including, but not limited to, aerobics, running, jumping, plyometric exercises, stretching, bodyweight strength training, dancing and all other forms of indoor and/or outdoor fitness include the potential of death, serious injury, and/or property damage and that such risks are inherent to the Services.
Voluntary Assumption of Risk
CLIENT UNDERSTANDS THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE AND VOLUNTARILY CHOOSES TO PARTICIPATE AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS OF PARTICIPATION IN THE SERVICES however caused, including as a result of negligence, on the part of the SHINE Strength & Confidence Inc., Released Parties (as defined below) or any third-party. Client acknowledges and agrees that Client is responsible for all personal belongings and property during the Services and that SHINE Strength & Confidence Inc. is not responsible in any way for such property, whether it is lost, stolen or damaged. Client voluntarily agrees to expressly assume all risks of injury, financial and physical loss, or death that may result from participating in the Services, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party (as defined below) or anyone else. By entering into this Agreement, Client freely and voluntarily assumes all risks and potential risks of the Services.
Release, Waiver, and Indemnity
Client hereby releases, indemnifies and saves harmless SHINE Strength & Confidence Inc. and its owners, directors, officers, employees, volunteers, contractors, agents, heirs and assigns, as applicable (collectively, “Released Parties”) from any and all liability, claims, actions, suits, costs, expenses and damages arising from the Services to the fullest extent permitted, including financial damages or personal injuries, however caused, including negligence. This clause survives indefinitely. This Release and Waiver will be effective and binding upon Client’s spouse, children, parents, heirs, next of kin, executors, administrators, successors, assigns and representatives in the event of Client’s death or incapacity.
Limitation of Liability
In the event SHINE Strength & Confidence Inc. is found liable for any reason for damages arising directly or indirectly from this Agreement, liability will be limited to the greatest extent possible in the governing jurisdiction and in no case exceed the Fee paid by Client to SHINE Strength & Confidence Inc.
Client represents to SHINE Strength & Confidence Inc. that Client has no medical or physical condition that would prevent the Client from participating in the Services, has no physical or mental condition that would put Client, other participants or SHINE Strength & Confidence Inc. in any physical or mental danger, and has not been instructed by a physician to abstain from participating in the Services or activities similar to those related to the Services. Client understands their own physical limitations and are sufficiently self-aware to stop physical activity before becoming ill or injured. It is understood between the Parties that attendance and participation in the Services means that Client has taken the necessary precautions to ensure that they are healthy enough to do so.
Client acknowledges that SHINE Strength & Confidence Inc. is providing Fitness Training Services, however the Parties are not entering into a patient-healthcare-provider relationship. SHINE Strength & Confidence Inc.is not acting in the capacity of a regulated healthcare provider. Client specifically acknowledges that SHINE Strength & Confidence Inc. is not diagnosing or treating any illness, injury or disease or prescribing any medications. Client confirms they are in good physical and mental health, sufficient to participate in the Services, and has consulted with their physician or other health care provider prior to participating in the Services.
Client accepts any and all equipment provided during the Services on an “as is” basis. Client agrees to accept full financial responsibility for the care of the equipment while it is in Client’s possession and acknowledges that Client will be responsible for the replacement of any equipment at its full retail value if it is damaged or if Client does not return the equipment, even if it is lost or stolen.
Compliance with Rules
Client agrees to comply with all stated and customary rules, regulations, laws, written terms, posted safety signs, traffic laws and verbal instructions at the location where Services are delivered and as provided by SHINE Strength & Confidence Inc. from time to time. SHINE Strength & Confidence Inc. is not responsible for any actions or inactions of third-parties while providing the Services - including all physical distancing requirements related to Covid-19.
Client acknowledges SHINE Strength & Confidence Inc. makes no warranty that the Services will lead to any specific Client goal, success or particular results and SHINE Strength & Confidence Inc.makes no promise that each Client will experience the same or similar results. Client acknowledges that the Services provided are provided without any express or implied warranties of any kind.
VIII. MEDIA RELEASE
Client grants to SHINE Strength & Confidence Inc. an irrevocable, worldwide, perpetual and unrestricted right to use any media, such as photographs, video, audio recordings or social media posts, whether captured by Client, SHINE Strength & Confidence Inc. or third party in relation to this Agreement and for any lawful purpose, including in its online or printed advertising or marketing materials and on all social media platforms, with or without reference to Client and without further notice, grant of permission or right to any financial compensation.
Each Party agrees it has acted in good faith and will continue to do so during the Term of this Agreement. This extends to good faith during any dispute resolution process.
Governing Law and Jurisdiction
This Agreement is governed by and interpreted in accordance with the laws of Ontario, the City of Kingston by-laws, and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Kingston, Ontario.
In the event any dispute arises between the Parties in relation to this Agreement or a breach of this Agreement and the dispute is not resolved by negotiation, the Parties agree to submit the dispute for mediation prior to pursuing any other available remedy in relation to the dispute. The Parties may agree to virtual mediation, when available.
Neither Party will be responsible for delays resulting from causes beyond their reasonable control, including without limitation fire, explosion, floods, storms, pandemics, state of emergency, hazardous situations, war, strike, or riot, and either Party may choose to excuse themselves from further performance of their obligations under this Agreement if such occurrence materially affects the performance of Services. The Party relying on Force Majeure will give the other Party reasonable notice of their desire to terminate or suspend the Services. Notwithstanding, all payments owing for Services rendered will remain due and payable with such amount to be determined by SHINE Strength & Confidence Inc..
Any notice to be given under this Agreement must be directed to the other Party using the contact information first set out above or as may otherwise be directed (“Notice”). For the purposes of this Agreement, e-mail will be considered sufficient for delivery of Notice. Notice will be deemed to be delivered on the date and time when the Notice is sent.
This Agreement may not be assigned to any other party except with the express written consent of the other Party.
If any of the provisions of this Agreement are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Waiver of Breach
The waiver by one Party of any breach of this Agreement by the other Party will not be taken to be a waiver of any future breaches by the breaching Party. The non-breaching Party reserves the right to exercise or enforce their rights at a later date.
This Agreement constitutes the full agreement between the Parties and supersedes any prior negotiation, understanding or Agreement between the Parties, whether oral or written, on the matters contained in this Agreement.
The Parties may only amend this Agreement by mutual written agreement.
Any term of this Agreement which addresses performance or observance following the early termination or expiration of this Agreement will survive and continue to be in full force and effect. All things considered confidential during the Term will survive and always remain confidential.
Counterparts and Electronic Signing
This Agreement may be signed electronically and/or in counterparts that, when taken together constitutes a fully signed and legally binding Agreement.
Age of Majority
By signing this agreement, Client acknowledges they are the age of majority in their jurisdiction (18 years in Ontario). Minors are not allowed to participate in programming at this time.
By checking the box on your Booking Form, Client agrees they have read,
understand, and voluntarily agree to be bound by their contents.
[E-SIGN ON BOOKING FORM]