Terms, Conditions, Informed Consent, & Liability Release
TERMS, CONDITIONS, INFORMATION, & POLICIES
Upon signing the paper release or checking the appropriate boxes on the electronic registration and release form(s) indicating agreement to these terms, you hereby make the following agreement between yourself (herein referred to as Participant) and Health Fitness Complete, LLC (herein referred to as Company), registered owner of Empowered Fitness Training:
Agreement to Terms and Conditions.
Participant agrees to adhere to the terms and conditions of service as outlined below. Participant agrees that the terms and conditions may change at any time without notice and will adhere to the terms in their then-current state. Participation in any of our services denotes agreement to all our Terms and Conditions, Past, Present, and Future.
CODE OF CONDUCT
In order to maintain a membership and participate in services with Empowered Fitness Training all participants must adhere to the Code of Conduct. You can read the full document at https://www.eftfit.com/codeofconduct.htm.
Membership Cancellation Policy:
The only valid methods of membership cancellation include: 1) Speak directly to Jeff in person on the premises. 2) Call Jeff at 509-925-1810 to speak with him directly or leave a voice message. 3) Mail a letter to Empowered Fitness Training at 202 N Pine St, Ellensburg, WA 98926.
Currently it is not possible to cancel memberships online, through the MINDBODY app, through text message, email, social media contact, or any other online or indirect communication method. All requests made through these methods are invalid and may not even be received.
Only the main account holder can cancel a membership, except if the main account holder is under age eighteen (18) in which case can be cancelled by a parent or legal guardian.
EARLY CANCELLATION FEE FOR 6- AND 12-MONTH MEMBERSHIPS
A membership with a 6- or 12-month commitment that is cancelled greater than thirty (30) days prior to the end of the initial commitment period will require a $150 cancellation fee. Once the commitment period has passed, these memberships will be treated like a No Long-Term Commitment membership and its cancellation policy is as follows:
MINIMUM THIRTY (30) DAYS’ NOTICE REQUIRED FOR NO LONG-TERM COMMITMENT MEMBERSHIPS
A minimum of Thirty (30) Days’ notice is required to cancel any membership with Empowered Fitness Training. This policy applies to all autopay memberships including, but not limited to: Unlimited Group Training Individual, Unlimited Group Training Couples, Family Member Add-Ons across all service categories, Boxing Only, and Coaching (formerly Personal Training). You may incur an additional automatic payment if your billing date falls within the thirty (30) day window. Should this be the case, your membership will remain valid until the next billing date. This requirement applies to all current and future memberships sold at any time prior to, the day of, or after the effective date of this policy.
Inactivity or Improper Cancellation Method does not constitute a membership cancellation. Refunds for inactivity are NOT available, nor are they available for attempted cancellations not made using the above methods or for any other reason.
Any discounted rate you may have earned is nullified after cancellation or improper disruption of automatic payment.
Appointment Cancellation Policy. Please submit all appointment cancellations 24-hours or more in advance. Appointments cancelled within less than 24-hours in advance will be billed as if you attended and cannot be made up.
Personal Training Packages, Structure. Each Fitness Professional sets their own pricing schedules and policies for Personal Training packages. Please contact them directly for this information.
Unlimited Classes Membership. This membership includes UNLIMITED ACCESS to our classes, open gym access hours, Special Events, Challenges, and Workshops..
Boxing Only Membership. This discounted membership includes access only to our boxing and kickboxing classes. It does NOT include open access to our gym, other classes, workshops, or any other benefit of our other memberships.
Membership Billing. All memberships are billed automatically on Monthly AutoPay. All members are required to sign an Automatic Payment Authorization form prior to purchasing a membership. Online buyers will accept the terms of this form electronically prior to purchasing online. Cash and other one-time payments are available for one year paid in full.
Termination Policy. The relationship between you (the client) and Company can be terminated at any time for any reason either by you (the client) or by Company. A thirty (30) day minimum notice is required for all No Long-Term Commitment membership cancellations and you may incur one final charge if your billing date falls within the thirty day window, in which case your membership will be valid until the end of the final billing period. All memberships with a 6- or 12-month commitment that are cancelled more than thirty (30) days prior to the end of the initial commitment period are subject to a $150 early termination fee.
Membership Validity. Your membership remains valid, regardless of your participation, unless you terminate or suspend your membership.
Membership Suspension. Each member is granted one suspension for a length of one (1) month per calendar year and will be AUTOMATICALLY RENEWED when the suspension ends. For periods of more than one month, or for more than one suspension per calendar year the membership is considered cancelled and will need to be renewed at current rates in order to continue.
REFER A FRIEND, RECEIVE A FREE MONTH. You can save money on your membership by referring friends. If they sign up for a membership you get a free month or a discount of the value your friend paid to sign up for a new membership, whichever amount is less. This discount cannot be applied to multiple months.
Transportation. Provide yourself with adequate transportation to and from Company. This is not our responsibility and we will not honor any requests for transportation.
Payment Options. We take cash, check, Visa, MasterCard, Discover, and American Express for all personal training packages 8 sessions per month or greater and for one year memberships paid in full.. For monthly memberships Automatic Payment using a Visa, MasterCard, Discover, and American Express credit or debit card is required. Debit cards must be linked to an active checking account. Pre-Paid or Gift Debit Cards are NOT accepted.
Payment Due. Payment is due in advance or at the time of services. Financing options are not available.
Payment Information. For your convenience we store your billing information by default if you pay with a credit or debit card. You may request that we do not. We are PCI Compliant. We will only use stored billing information under the following circumstances: 1) For automatic payment plans, 2) at the request and convenience of Client in order to make purchases, 3) payment of no-show and late cancellation fees as outlined in the above attendance and cancellation policies, and 4) Payment of all negative account balances.
Pricing. Pricing is subject to change without notice. All stated prices do not include tax.
Checks. We do not accept checks from new members or clients. Current clients who write checks that have a history of clearing may continue to pay with checks. We do not accept checks at all for any autopay memberships.
Refunds. All sales are final. Refunds and transfers (to another client) are not allowed under any circumstance. Conversion to account credit for the purchase of different services offered by Company are allowed.
Changes in Terms. Company reserves the right to remove, add, alter, or otherwise make changes to these terms at its sole discretion. You agree to be subject to these terms in their then-current form at all times so long as you are a member, client, or otherwise participant of Company.
Right to Refuse Service. Company reserves the right to refuse service to any individual for any reason.
Behavior. Staff, clients, and guests are all required to treat each other with respect and dignity. There are only good and great days at Company. Rude, threatening, or otherwise negative attitudes or behaviors are not allowed and will result in immediate discharge from facility without refund. Causing damage to equipment, facility, and/or premises is not allowed. Violator will be subject to fines to replace or repair equipment, facility, and/or premises. Violent or otherwise destructive behavior toward self or others is not allowed and will result in immediate discharge from facility without refund. Slander, libel, and/or all forms of negative communication to others regarding Company, staff, or other clients is strictly prohibited and will be prosecuted to the fullest extent of the law. Alcohol and drugs, or being under the influence thereof, are not allowed and will result in immediate discharge from facility without refund. Sexual harassment, or unwanted sexual advances, are not allowed and will result in immediate discharge from facility without refund. All other inappropriate behaviors deemed solely by the staff of Company are not allowed.
Guidelines. Wear appropriate work out attire. Please aim for comfort and maximum mobility. Try to avoid clothing that limits your movement or otherwise interferes with the performance of exercise. Closed-toe shoes and socks are required unless otherwise specified. Drink plenty of fluids the day before your session and come to your session hydrated. Please try to avoid eating within two hours prior to your session. Most importantly, have fun!
Privacy Policy: Read our entire Privacy Policy at http://www.eftfit.com/privacy.htm.
LIABILITY RELEASE
RELEASE OF LIABILITY: READ CAREFULLY—THIS AFFECTS YOUR LEGAL RIGHTS. In exchange for participation in the activity of Group Classes, Personal Training, Open Gym Access, and/or all other Fitness and Fitness Related Activities organized by Health Fitness Complete, LLC (DBA Empowered Fitness Training, herein referred to as “Company”) of 202 N Pine St, Ellensburg, WA 98926 and/or use of the property, facilities, and services of Company, I, the undersigned, agree for myself, and (if applicable) for the members of my family, including but not limited to the above named, to the following: AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions of given by Company, or the employees, representatives, or agents of Company. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) to my family members, and further release and discharge Company for injury, loss, or damage arising out of my or my family’s use of or presence upon the facilities of Company, whether caused by the fault of myself, my family, Company, or other third parties. INDEMNIFICATION. I agree to indemnify and defend Company against all claims, causes of action, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Company. MEDIA RELEASE. By signing I grant permission to Company, or the employees, representatives, or agents of Company the irrevocable and unrestricted right to reproduce the photographs and or video images, and any associated audio, taken of me, or members of my family, for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I hereby release Company and its employees, representatives, or agents of all claims and liability relating to said images or video. FEES. I agree to pay for all damages to the facilities of Company caused by any negligent, reckless, or willful actions by me or my family. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Washington State law. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Company has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this agreement. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the Parties will resolve the dispute using the following Alternative Dispute Resolution (ADR) procedure: Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and any judgment may be entered upon it by any court having proper jurisdiction. I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I ALSO UNDERSTAND THAT BY PARTICIPATING I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Informed Consent
I agree to participate in fitness testing and other assessments to determine my health status and level of fitness. I understand that fitness testing requires physical exertion which may be strenuous. I understand that I will be informed of the risks involved and I will be given the opportunity to ask questions prior to any tests and that I have the freedom to terminate any test at any time. I understand that I will participate in exercise, which requires physical exertion and may be strenuous. I understand and assume all the risks involved. I understand that I can terminate exercise at any time. I understand that it is my responsibility to consult a physician prior to and regarding my participation in exercise testing, prescription, and participation. I understand that I may be required to seek clearance from my physician to participate in an exercise test or program. I understand that Company may collect medical records from me or obtain information that may be considered sensitive. I understand that my information will be kept confidential and will not be shared except in cases where I provide written or verbal authorization to share my information. I will assume full responsibility of any risks, injuries, or damages known or unknown, which I might incur as a result of participating in exercise testing or in an exercise program or personal training. I understand and accept that results and the achievement of my fitness goals are contingent upon my participation in the exercise prescription, consuming the proper nutrition, and properly following the instructions of my personal fitness trainer. Furthermore, I understand and accept that there are any number of reasons, both foreseen and unforeseen, that I may not get the results I want or reach my fitness goals, and I agree and accept that results and the achievement of my fitness goals are not guaranteed. I shall not hold Company, or any of its staff, liable in the event I do not achieve the desired results in the desired time frame. I knowingly, voluntarily and expressly waive any claim I may have against Company or any member of its staff for injury or damages that I may sustain as a result of participating in exercise testing, exercise programs, or personal training.
