Loading, please wait...
UFO Fitness, LLC
Personal Training Services Agreement
This agreement for Personal Training Services Agreement (Agreement) is made this day between Client (See Page 1 for Personal details) and UFO Fitness, LLC (Trainer) (Individually Party, together Parties). The Parties to this Agreement mutually agree as follows:
Trainer Limitations: a. Trainer and its affiliates are not a medical-professionals and are without expertise to diagnose medical conditions or impairments. Trainer and its affiliates are not nutritionists or dieticians, and as such will not be providing services those professions provide, any nutritional information provided shall merely be reference of guidance provided by the USDA or similar governing bodies/organizations.
b. Client agrees to promptly and fully disclose to Trainer any injury, condition, treatment, medication, or impairment which may have a deleterious effect on or be impacted by this Training (hereinafter defined) program. Trainer may discontinue, at any time, in its sole discretion, Training because of any condition which presents an adverse risk or threat to the health or safety of the Client, the Trainer or others.
2. Client Representation: Client certifies that:
a. They are physically capable of participating in Training, and strength, flexibility, and aerobic training exercise program and using the equipment associated with aforementioned activities; and
b. they are over the age of eighteen (18); or have a parental guardians permission; and
c. they have either (I) had a physical examination and been given a physicians permission to participate in this Training program; or (II) decided to participate in this Training program without the approval of a physician.
4. Disclaimer and Release. This Training program will involve physical activity and, as appropriate, use of certain equipment and machinery. Such activities may present a risk of injury or even death. Client voluntarily agrees to participate in these activities and to assume all risk of personal injury, death and property damage resulting from such activities, use of equipment, machinery or public or private facilities.
Client agrees on behalf of themselves and their personal representatives or heirs to release and discharge Trainer, their agents, representatives, successors, and assigns from any and all claims or causes of actions (known and unknown) arising out of this Training program including without limitation injury or loss resulting from Clients use of any equipment or facilities which break or malfunction.
a. If at any point during the course of training the Client feels that the course of training, movements, exercises, weightlifting, or any other similar activity (Training) is outside of the comfort or beyond the perceived safety and wellness of the Client, Client has the affirmative duty to inform Trainer or Trainer before any Training begins.
5. Warranties. No implied warranties or representatives are made other than those expressly contained herein and this document contains all of the terms of the Agreement between the parties. Trainer expressly notes that results will differ for clients based upon various factors including without limitation; body type, nutrition, continuity, adherence, and completion of all programs and Training, etc. and no guarantees of results are possible.
6. Mobile App and Scheduling. During the term of this Agreement Client shall have access to the UFO Fitness mobile application which is available on common Google Android and Apple iOS devices (App). The level of access, privileges, and availability of the App is based on availability of technology and in sole discretion of the Trainer.
Client shall book/sign up for all sessions in the Mobile App. Client agrees that this method is the only way to sign up for sessions, only sessions booked through the App shall be honored. Trainer will notify Client if the App is not available for use and will offer additional methods to book sessions.
7. Pricing. Attached herein on Exhibit Y are Training Program Terms and Pricing for the individual priced plans. Clients selection (see Page 1 for Agreement details) shall be the term and pricing the Parties are bound by unless modified in writing by the parties. Page 1 Agreement details will also state any discounts associated with the Program selected by Client. Discounts are decided by Trainer on a Client by Client basis. If Client upgrades, all Terms will associate with the original Program selected, unless a longer time period Term is selected.
8. Payments. Payments shall be made in accordance with the Program Client and Trainer select for Client. Payments shall be due on the same day of each month, as represented by Page 1 Agreement details. Client agrees to make payments in accordance with Page 1 Agreement details for the Term of Program (defined) corresponding with the Program Name (defined).
Payments are recurring and will continuously bill even after a Term is completed until a Cancellation Notice is received.
Client shall have payment details entered in the UFO Fitness mobile app so that Trainer may charge that credit card or other electronic payment method, (Card On File).
In the event the Client has not paid their monthly Payment Client shall not train until account is current.
If Client has not paid their monthly Payment by months end; Client risks losing all accumulated sessions, having their Program canceled by Trainer and possibly facing further legal action, if necessary.
All Payments are 0.00% tax.
9. Cancellation:
Client must cancel:
During standard business hours (8am to 8pm, Monday through Friday). Cancellation notices must be done in person, in the facility or in writing. Client must cancel their Program outside of 3 days from when it bills to ensure Trainer ample time to complete cancellation notice.
Trainer retains the right, in its sole discretion, to terminate this Agreement for any reason without limitation for Clients failure to follow direction or conduct contrary to the interests of this Agreement. In the event of termination as set forth herein, Trainer shall refund to Client the sum associated with any unused sessions (calculated at $/session) less any reasonable costs or expenses, including but not limited to attorneys fees.
A Month to month Agreement can be canceled at any time, assuming Client has adhered to previously mentioned Cancellation Policies stated above. Cancellation and release from responsibility of a Term Agreement shall be subject to Clients payment of the remaining term or two months-worth of payments, due to process cancellation, whichever is less.
When a Program is canceled, Client will no longer have access to the UFO Fitness, LLC Mobile App or any remaining Training Sessions.
10. Miscellaneous Terms: Attached herein on Exhibit _Z_ are miscellaneous but IMPORTANT terms that are hereby incorporated into this Agreement, and as such, the Parties are bound by them.
Client agrees, by their signature, that they are bound to the Terms and Conditions outlined in this Agreement.
SUMMARY OF TRAINING
AND
TERMS AND CONDITIONS
1. Each session shall consist of a scheduled one (1) hour appointment based on premises of UFO Fitness, LLCs place of business.
Client is reminded that distractions such as children, telephones, etc: may affect consistent efforts and results. To get the most out of each session, please be ready to exercise at the appointed time.
2. Client must notify Trainer of cancellation twelve (12) hours prior to scheduled appointment.
NOTE: Client will be charged for the session if less than twelve (12) hours' notice of cancellation is given. After the first cancellation, within 12 hours, the Client will be issued a notice of missed session either verbally or in writing (Free Pass), after the second cancellation within 12 hours of their scheduled appointment there will be a $35 fee assessed. Any further cancellations within 12 hours of their scheduled appointment and there will be a $35 fee assessed.
3. Should Client experience circumstances where they are unable to attend or complete Training, Client will be excused from performance of their obligations at the discretion of Trainer for a short duration (Pause).
Similar to Cancellation notices, Client must request a Pause of their Program outside of 3 days from when it bills to ensure Trainer ample time to complete the Pause notice.
Pauses shall last no longer than 60 days, unless otherwise agreed upon.
Pauses shall only be granted one (1) time per calendar year, unless otherwise agreed upon.
Should Client request a Pause while in Term and Trainer grants it, the Client must fulfill the remainder of their term, or Buy-Out (two months payments), upon completion of the Pause.
Should Client request a Pause in a Month to month agreement and Trainer grants it, the Client must pay one (1) month of the agreed upon Training Programs cost, upon completion of the Pause.
Client is unable to train and book sessions while a Pause is active.
4. Unused sessions will "roll over" each month so long as Client has an active Training Program.
5. Client has the ability to upgrade Program while in Term but cannot downgrade to another Program until Term is completed.
6. Client shall wear appropriate close-toed athletic footwear (such as sneakers or tennis shoes) and loose and comfortable clothing to facilitate ease of movement and to avoid injury.
7. Proper nutrition and adequate rest are essential to this training program and Client must not be under the influence of drugs or alcohol at any time during the training session.
8. Personal training requires a certain amount of physical contact between Trainer and Client to ensure proper technique, if at any time the Client feels uncomfortable with such contact, Client shall inform Trainer either verbally or in writing of such condition or any modifications the Client wishes.
EXHIBIT _Y_
PROGRAM TERMS AND PRICING
Alpha-numeric three-character identifier listed before program details shall be defined term for each program (Program Name)
Standard Training Programs:
CE1. 1 Training Session
Clients receive one Initial Consultation, One (1) One on One Training Session and access to the UFO Fitness LLC Application. Client will have one month to use Training Session, it will then expire if not used.
Payment Options:
$79.99 - one time only.
CM1. Online Training Program & Custom Meal Plan
*This specific Program can apply as both a Standard and Master Training Program*
Clients receive one Initial Consultation, Customized Meal Choices, a Shopping List, an Online Training Program, access to the UFO Fitness LLC Application, and Weekly Trainer Communication.
Payment Options:
Month to month $149.99/mo
3 Month Term $139.99/mo
6 Month Term $119.99/mo
12 Month Term $99.99/mo
CE2. 2 Training Sessions & Custom Program
Clients receive one Initial Consultation, Two (2) One on One Training Sessions per month, Online Training Program, access to the UFO Fitness LLC Application, Weekly Trainer Communication and basic Nutrition Guidance.
Payment Options:
Month to month $149.99/mo
3 Month Term $139.99/mo
6 Month Term $129.99/mo
12 Month Term $119.99/mo
CE4. 4 Training Sessions & Custom Program
Clients receive one Initial Consultation, Four (4) One on One Training Sessions per month, Online Training Program, access to the UFO Fitness LLC Application, Weekly Trainer Communication and basic Nutrition Guidance.
Payment Options:
Month to month $279.99/mo
3 Month Term $269.99/mo
6 Month Term $259.99/mo
12 Month Term $239.99/mo
CE6. 6 Training Sessions & Custom Program
Clients receive one Initial Consultation, Six(6) One on One Training Sessions per month, Online Training Program, access to the UFO Fitness LLC Application, Weekly Trainer Communication and basic Nutrition Guidance.
Payment Options:
Month to month $409.99/mo
3 Month Term $399.99/mo
6 Month Term $379.99/mo
12 Month Term $359.99/mo
CE8. 8 Training Sessions & Custom Program
Clients receive one Initial Consultation, Eight (8) One on One Training Sessions per month, Online Training Program, access to the UFO Fitness LLC Application, Weekly Trainer Communication and basic Nutrition Guidance.
Payment Options:
Month to month $529.99/mo
3 Month Term $519.99/mo
6 Month Term $499.99/mo
12 Month Term $479.99/mo
CE10. 10 Training Sessions & Custom Program
Clients receive one Initial Consultation, Ten (10) One on One Training Sessions per month, Online Training Program, access to the UFO Fitness LLC Application, Weekly Trainer Communication and basic Nutrition Guidance.
Payment Options:
Month to month $659.99/mo
3 Month Term $649.99/mo
6 Month Term $619.99/mo
12 Month Term $599.99/mo
CE12. 12 Training Sessions & Custom Program
Clients receive one Initial Consultation, Twelve (12) One on One Training Sessions per month, Online Training Program, access to the UFO Fitness LLC Application, Weekly Trainer Communication and basic Nutrition Guidance.
Payment Options:
Month to month $779.99/mo
3 Month Term $769.99/mo
6 Month Term $739.99/mo
12 Month Term $719.99/mo
CE16. 16 Training Sessions & Custom Program
Clients receive one Initial Consultation, Sixteen (16) One on One Training Sessions per month, Online Training Program, access to the UFO Fitness LLC Application, Weekly Trainer Communication and basic Nutrition Guidance.
Payment Options:
Month to month $1019.99/mo
3 Month Term $1009.99/mo
6 Month Term $979.99/mo
12 Month Term $959.99/mo
UL1. Unlimited Sessions & Custom Program
Clients receive one Initial Consultation, Unlimited One on One Training Sessions per month, Online Training Program, access to the UFO Fitness LLC Application, Weekly Trainer Communication and basic Nutrition Guidance.
Payment Options:
Month to month $1299.99/mo
3 Month Term $1289.99/mo
6 Month Term $1249.99/mo
12 Month Term $1199.99/mo
Client may Pay in Full (PIF) for any Four (4), Eight (8), Twelve (12), Sixteen (16) or Unlimited Session Program options. Client can purchase three (3), six (6) or twelve (12) months at once, and will receive all sessions associated with the corresponding Program for time frame purchased. Once the corresponding time frame purchased has completed, the sessions will expire unless another Program of any kind is started. PIF Rates are as follows:
4 Training Sessions & Custom Program
3 Month PIF $809.97
6 Month PIF $1559.94
12 Month PIF $2879.88
8 Training Sessions & Custom Program
3 Month PIF $1559.97
6 Month PIF $2999.94
12 Month PIF $5759.88
12 Training Sessions & Custom Program
3 Month PIF $2309.97
6 Month PIF $4439.94
12 Month PIF $8639.88
16 Training Sessions & Custom Program
3 Month PIF $3029.97
6 Month PIF $5879.94
12 Month PIF $11519.88
Unlimited Training Sessions & Custom Program
3 Month PIF $3869.97
6 Month PIF $7499.94
12 Month PIF $14399.88
Master Training Programs include Custom Meal Planning along with several other bonus features, such as, a UFO Fitness T-Shirt and access to the longest tenured coaches in the corresponding UFO Fitness facility, plus more. Clients who select Master Training Programs cannot downgrade to Standard Training Programs.
Master Training Programs:
CE1. Master Training: 1 Training Session
Clients receive one Initial Consultation, One (1) One on One Training Session, Customized Meal Choices, a Shopping List and access to the UFO Fitness LLC Application. Client will have one month to use Training Session, it will then expire if not used.
Payment Options:
$99.99 - one time only.
CE2. Master Training: 2 Training Sessions & Custom Program
Clients receive one Initial Consultation, Two (2) One on One Training Sessions per month, Customized Meal Choices, a Shopping List, Online Training Program, access to the UFO Fitness LLC Application, and Weekly Trainer Communication.
Payment Options:
Month to month $189.99/mo
3 Month Term $179.99/mo
6 Month Term $169.99/mo
12 Month Term $159.99/mo
CE4. Master Training: 4 Training Sessions & Custom Program
Clients receive one Initial Consultation, Four (4) One on One Training Sessions per month, Customized Meal Choices, a Shopping List, Online Training Program, access to the UFO Fitness LLC Application, and Weekly Trainer Communication.
Payment Options:
Month to month $359.99/mo
3 Month Term $349.99/mo
6 Month Term $339.99/mo
12 Month Term $319.99/mo
CE8. Master Training: 8 Training Sessions & Custom Program
Clients receive one Initial Consultation, Eight (8) One on One Training Sessions per month, Customized Meal Choices, a Shopping List, Online Training Program, access to the UFO Fitness LLC Application, and Weekly Trainer Communication.
Payment Options:
Month to month $699.99/mo
3 Month Term $679.99/mo
6 Month Term $659.99/mo
12 Month Term $629.99/mo
CE12. Master Training: 12 Training Sessions & Custom Program
Clients receive one Initial Consultation, Twelve (12) One on One Training Sessions per month, Customized Meal Choices, a Shopping List, Online Training Program, access to the UFO Fitness LLC Application, and Weekly Trainer Communication.
Payment Options:
Month to month $1019.99/mo
3 Month Term $999.99/mo
6 Month Term $969.99/mo
12 Month Term $919.99/mo
CE16. Master Training: 16 Training Sessions & Custom Program
Clients receive one Initial Consultation, Sixteen (16) One on One Training Sessions per month, Customized Meal Choices, a Shopping List, Online Training Program, access to the UFO Fitness LLC Application, and Weekly Trainer Communication.
Payment Options:
Month to month $1319.99/mo
3 Month Term $1299.99/mo
6 Month Term $1259.99/mo
12 Month Term $1199.99/mo
UL1. Master Training: Unlimited Sessions & Custom Program
Clients receive one Initial Consultation, Unlimited One on One Training Sessions per month, Customized Meal Choices, a Shopping List, Online Training Program, access to the UFO Fitness LLC Application, and Weekly Trainer Communication.
Payment Options:
Month to month $1599.99/mo
3 Month Term $1579.99/mo
6 Month Term $1529.99/mo
12 Month Term $1449.99/mo
Master Training "PIF" Programs:
Master Training: 4 Training Sessions & Custom Program
3 Month PIF $1049.97
6 Month PIF $2039.94
12 Month PIF $3839.88
Master Training: 8 Training Sessions & Custom Program
3 Month PIF $2039.97
6 Month PIF $3959.94
12 Month PIF $7559.88
Master Training: 12 Training Sessions & Custom Program
3 Month PIF $2999.97
6 Month PIF $5819.94
12 Month PIF $11039.88
Master Training: 16 Training Sessions & Custom Program
3 Month PIF $3899.97
6 Month PIF $7559.94
12 Month PIF $14399.88
Master Training: Unlimited Training Sessions & Custom Program
3 Month PIF $4739.97
6 Month PIF $9179.94
12 Month PIF $17399.88
EXHIBIT _Z_
MISCELLANEOUS TERMS
Indemnification. Each Party (Indemnifying Party) will indemnify, defend, and hold the other Party, its officers, directors, employees, and/or shareholders, harmless from any final court judgment (or settlement to which the parties have agreed) arising from personal injury or tangible property damage which is determined by a court to be caused by the gross negligence, willful misconduct or fraud of the Indemnifying Party or its authorized employees and personnel relating to this Agreement. The Indemnifying Partys liability under this Section shall be reduced proportionally to the extent that any act or omission of the other Party, or its employees or agents contributed to such liability.
Limitation of Liability; Actions. In no event shall either party be liable under this Agreement the other party for any incidental, consequential, indirect, statutory, special, exemplary or punitive damages, including, but not limited to, lost profits, loss of use, loss of time, inconvenience, lost business opportunities, damage to good will or reputation, and costs of cover, regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen. Subject to the Clients obligation to pay the fees to the company, each partys entire aggregate liability for any claims relating to the services or this Agreement shall not exceed the fees paid or payable by the Client to the company under this Agreement the six (6) month period immediately preceding the events giving rise to such liability. This section shall survive the termination of the Agreement
No action shall be brought for any claim relating to or arising out of this Agreement more than one (1) year after the accrual of such cause of action, except for money due on an open account.
CLIENT UNDERSTANDS THAT TRAINER IS A NEW YORK LIMITED LIABILITY TRAINER AND AS SUCH, THIS AGREEMENT AND SIMILAR AGREEMENTS BETWEEN THE PARTIES IS PRIVITY BETWEEN CLIENT AND THE TRAINER AS A LIMITED LIABILITY COMPANY AND NOT ANY INDIVIDUAL PERSON SPECIFICALLY.
Force Majeure. Trainer shall NOT be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, pandemics, epidemics, local disease outbreaks, public health emergencies, or other similar or different occurrences beyond the reasonable control of the Trainer defaulting or delaying in the performance of this Agreement, for so long as such force majeure event is in effect. Trainer shall use reasonable efforts to notify Client of the occurrence of such an event within 3 business days of its occurrence.
Arbitration. Any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the Parties shall be solely and finally settled by arbitration administered, by an Arbitrator to be appointed by the Trainer, in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrators sitting in the State of New York, County of Monroe. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the Parties. The arbitrator shall be empowered to award money damages, but shall not be empowered to award consequential damages, indirect damages, incidental damages, special damages, exemplary, punitive damages or specific performance. The prevailing party shall bear costs, including attorneys fees, relating to the arbitration proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement, except that a Party may seek a preliminary injunction or other injunctive relief in any court of competent jurisdiction if in its reasonable judgment such action is necessary to avoid irreparable harm.
Attorneys Fees. If either Party incurs any legal fees associated with the enforcement of this Agreement or any rights under this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys fees and any court, arbitration, mediation, or other litigation expenses from the other Party.
Collection Expenses. If Trainer incurs any costs, expenses, or fees, including reasonable attorneys fees and professional collection services fees, in connection with the collection or payment of any amounts due it under this Agreement, Client agrees to reimburse Trainer for all such costs, expenses and fees.
Assignment. The Trainer may subcontract its obligations and rights to a third-party.
Assignment; No Third-Party Beneficiaries. Neither Party may assign this Agreement, either in whole or part, without the express written consent of the other Party. Any assignment without such consent shall be null and void. Notwithstanding the foregoing, this Agreement shall be binding upon and inure to the benefit of the successors, assigns and legal representatives of the Parties. There are no third-party beneficiaries to this Agreement.
Severability. If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
Headings; Construction. The headings/captions appearing in this Agreement have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain. This Agreement is the result of negotiations between the Parties and their counsel. Accordingly, this Agreement shall not be construed more strongly against either Party regardless of which Party is more responsible for its preparation, and any ambiguity that might exist herein shall not be construed against the drafting Party.
Survival. Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement.
Rights Cumulative. The rights and remedies of the Parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.
Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument, without necessity of production of the others. An executed signature page delivered via facsimile transmission or electronic signature shall be deemed as effective as an original executed signature page.
Authorized Signatories. It is agreed and warranted by the Parties that the individuals signing this Agreement on behalf of the respective Parties are authorized to execute such an agreement. No further proof of authorization shall be required.
Notices. All notices or other communications required under this Agreement shall be in writing and shall be deemed effective when received and made in writing by either (i) hand delivery, (ii) registered mail, (iii) certified mail, return receipt requested, or (iv) overnight mail, addressed to the Party to be notified at the following address or to such other address as such Party shall specify by like notice hereunder:
Client: (See Page 1 for Personal details)
Attention:
Trainer: UFO Fitness, LLC
400 Andrews Street, Rochester, New York 14604
Attention: Sam Cino
Waiver. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.
Entire Agreement; Modification. This Agreement, and any exhibits attached hereto, is the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic or otherwise. Trainer may change the terms, conditions, provisions and language of this Agreement subject to two weeks written notice to Client. Each Party hereto has received independent legal advice regarding this Agreement and their respective rights and obligations set forth herein. The Parties acknowledge and agree that they are not relying upon any representations or statements made by the other Party or the other Partys employees, agents, representatives or attorneys regarding this Agreement, except to the extent such representations are expressly set forth in this Agreement.