I, the "Client", agree to pay a total of $645 USD in 3 installments (once per month) of $215 starting today wherein after the payments will be recurring at $215 per month until the I, the "Client", submit my cancellation according to the agreed upon terms.
1. Client agrees to assume full responsibility while voluntarily participating in any training session created by CoutuFit at Client’s sole risk and discretion. Client shall abide by any rules and regulations for use of the Studio which may be promulgated from time to time by CoutuFit.
2. Client understands and agrees that there is a risk of injury associated with participation in any exercise program and that there exists the possibility for certain conditions occurring during or following training and/or exercise. These may include, but are not limited to, mild lightheadedness, fainting, abnormalities of blood pressure or heart rate, ineffective heart function in rare instances, heart attack or stroke. The reaction of the cardiovascular system to such activity cannot be predicted without complete accuracy.
3. It is strongly recommended that Client receive a medical clearance from his/her private physician prior to starting or participating in an exercise training program. CoutuFit's training programs are not designed for individuals with known heart disease with or without functional impairment.
4. Client has been informed that any fitness program includes possible risks and all exercises shall be undertaken at Client’s sole risk and discretion. Client assumes full responsibility for any and all damages, injuries or losses that may be sustained or incur, if any, while participating in any studio exercise program or physical activity. Client hereby waives all claims against CoutuFit, CoutuFit instructors, officers, directors, employees or agents of either and/or any successor assigns or and all claims, demands, injuries, damages, actions, or causes of action, whatsoever to my person or property arising out of or connected to the services, facilities, exercise classes, or the facility where same is located (including CoutuFit, as applicable). Client hereby agrees to indemnify defend, hold harmless, release and discharge CoutuFit from all claims, demands, injuries, damage actions causes of action and from all acts of active or passive negligence on the part of CoutuFit the Facility, CoutuFit instructors, their servants, agents, employees, and/or any successors and assigns, whatsoever, for any damages, injuries or losses that may be sustained by the Client arising from or in connection with the activities that Client voluntarily participates, including without limitation, attorney’s fees, costs, and expenses of any litigation, arbitration or other proceeding.
5. Our ‘ Responsibilities’: By signing the Agreement we accept you as a member of our health, fitness, and wellness program. You will have the right to use the products and services, which you have purchased. We are responsible only for advising and coaching you.
6. Your ‘Responsibilities’: By signing this Agreement you agree: a) to pay us all dues, fees, and other sums specified in this Agreement (the ‘Fees’), when due, irrespective of the amount of use you make of the program; b) to all of the terms and conditions which are set out in this Agreement; c) to follow our rules and regulations (‘Rules’) which may be posted from time to time; d) by providing valid email address you agree to receive email communications from us from which you may unsubscribe at any time; e) to immediately notify us of address changes and any other personal information changes; f) you understand that you are responsible for your monthly dues regardless of checkins missed and that your monthly fee is associated with your Membership Agreement regardless of usage; g) to follow our advice, instruction and programs and offer us the reservation of the right to decide if you are following our advice, instruction and programs in accordance with your policies; h) you are responsible for your commitment and monthly rates regardless of privacy, partnership, trainer(s) working for you or the rates discussed during the signing of this agreement.
7. Release: You acknowledge that there is a risk associated with participating in fitness activities and in exercising and with altering your nutritional habits. Your participation is completely voluntary and by using one of our products, and following the advice of our coach(es) or personal trainer(s), you acknowledge that you are assuming all risks of injury to yourself or others including any illness or medical condition. Please raise any concerns about starting an exercise, fitness or nutritional program with your physician before using any of our related products and services. You agree on your own behalf and on behalf of your personal representatives, heirs, estate trustees, or assigns to a) release, indemnify and discharge CoutuFit, its officers, directors, agents, employees, or independent contractors, from any and all claims or causes of action (known or unknown) which you may have arising out of our negligence, including the negligence of our staff, agents or representatives, and b) to indemnify and save us harmless from any and all claims or causes of actions (known or unknown) brought against us by any party arising out of your actions, including your negligence, while under our coach(es) or personal trainer(s). We are responsible for any damage to, loss or theft of personal property.
8. Cancellation of this Agreement: After fulfilling the initial term of dues, you may cancel the membership by sending an email expressing your wish 30 days in advance of the scheduled withdrawal. Phone or verbal cancellations are not accepted.
9. Change of Fees: You agree that after the initial term of a monthly dues for the membership we may change the dues and/or annual processing fee by notifying you in writing by regular mail or via email one month in advance, at the last address provided by you.
10. Taxes: All government taxes are in addition to and will automatically be added to all Fees except where noted otherwise.
11. Return Fees: Returned payments and any late charges will automatically be charged to your bank account or credit card account. We will apply dishonored cheques or credit card charges a return fee of $30.00 (GST included), which we may charge without notice.
12. Buyer or Guardian: By Signing this Agreement the Buyer or Guardian agrees: a) to be bound by this Agreement. The Guardian further agrees: b) to bind the Minor to this Agreement; c) that the minor is at least 12 years of age; d) the Minor under the age of 16 must be accompanied in the Facility by an adult member; and e) to the Minor’s participation in all activities and services.
13. Reservation of Rights: We reserve the right at any time to change the cost of, add, modify and/or eliminate any program, equipment, activity, and class of service, product or Facility. We reserve the right to charge extra for any new products, services or equipment.
14. Payments: We apply all payments in this priority a) any amounts owing from a previous Membership Agreement; b) fees as they become due.
15. Payment Obligations Absolute: You are obligated to pay us all Fees Owing under this Agreement. We will not reduce, discount or cancel your obligation because you do not use our services.
16. No Warranty: we make no warranty or guarantee regarding products and services that will be available to you.
17. Default: If you breach any terms and conditions of this Agreement or if you do not pay an instalment within 10 days of a payment date you will be in default and the full amount owing under this Agreement accelerates and becomes due immediately. We may then, if we choose, immediately cancel your membership , keep any amounts you have paid to us and proceed to collect any amounts due plus service charges and interest at the rate equal to the amount of 2 monthly payment instalments ($400). If we later agree to accept a payment from you, we may reinstate you, charge a reinstatement fee and you must still fulfill all your remaining responsibilities under this Agreement.
18. Assignment by Member: This Agreement is personal to you. You may not assign or transfer this agreement without written approval by CoutuFit. for which we will charge a transfer fee of $50.00, which we may charge without notice. The transferee may be subject to increased Fees. Your membership will immediately be cancelled without refund if you attempt to sell, assign, or transfer this Agreement without our approval and such attempted sale, assignment or transfer will be ineffective.
19. Severability of Provisions: The provisions of this Agreement are severable. This means that if a Court decides that any provision is illegal or unenforceable, the rest of the Agreement is still enforceable. If we choose to not apply or enforce a particular provision at any time, we still have the right to enforce or apply that provision in the future.
20. Legal Fee: You agree to pay all of our court costs and legal fees on a solicitor and client basis in enforcing this Agreement.
21. Governing Law: This Agreement is governed by the laws of your home state and the laws of your home country and applicable therein.
22. Medical Liability: You understand and agree that CoutuFit and all of its directors, employees, personnel are not physicians or registered dietitians. The contents of this are our suggestions. It is not intended to diagnose, treat, or prevent any health problems, nor is it intended to replace advice of a physician. Any and all medical emergencies deemed to be a result of this membership solely the responsibility of I, the "Client" and I, the "Client", release Coutufit from any and all liabilities, including injuries, medical emergencies, and death. Always consult your physician or qualified health profession on any matters regarding your health.