Congratulations {first_name}! on your decision to improve your health by participating in a professional exercise program with us here at MDM 3 FITNESS LLC, doing business as FIIT FITNESS STUDIO.
This agreement is for both personal training clients and non-training members. With the help of our trainers and Instructors, you will greatly improve your ability to accomplish your training goals faster, safer, and with maximum benefits. The education you will learn during these training sessions, group classes, and just being part of our FIIT Fam can be used for a lifetime.
NO CONTRACT POLICY & AGREEMENT POLICY
- FIIT Fitness Studio does not have a member contract. All agreements are month-to-month. Members and clients can cancel at any time with a 30-day notice from the day of membership renewal.
- Personal training clients and members agree to provide at least 30 days of cancelation before their monthly membership renewal date.
- Should the client or member fail to provide a 30-day cancelation notice from their membership renewal date. Their account will be charged a final month plus the current month’s membership fee.
- Nonpayment after two days will result in service restrictions, and membership will continue to be charged until a notice of cancellation is sent in writing to info@fiitpt.com.
- Clients can upgrade their membership 15 days before renewing their current membership to avoid a double charge. For those on a weekly plan, you have the start of your weekday of the seven days to make a membership change or upgrade.
Balance & Collections:
Any remaining balance left on the client/member's account due to voluntary cancellation will be debited from the client/member payment source on file by FIIT Fitness Studio. After 30 days, all remaining balances not paid may, can, or will be sent to collections. Please note we do not involuntarily cancel accounts without written notice. Your account will continue to be charged until written notice.
FIIT FITNESS STUDIO ACCOUNTABILITY!
To maximize your progress, it will be necessary for you to follow program guidelines during supervised and, if applicable, unsupervised training days. Remember, exercise and healthy eating are EQUALLY important! We recommended three (3) to five (5) sessions weekly for maximum results. Sessions can be personal and group training sessions. We require a minimum of two (2) sessions per week if you are working with a personal trainer. However, a combination of supervised and unsupervised workouts is possible due to scheduling conflicts and financial considerations. Clients are encouraged to take full advantage of their FIIT Fitness Studio membership plan to get the full benefits of the gym and personal trainers. Membership includes full access to the gym, nutrition, workout plans, group classes, and much more depending on what plan you choose.
CLIENT & MEMBER ACKNOWLEDGEMENT:
In agreeing to be a client OR a member of MDM 3 FITNESS LLC. I agree to the following
- I acknowledge my participation is completely voluntary.
- I understand the potential risks of the exercise program.
- I acknowledge that my trainer will have to adjust form by subtle touch.
- I acknowledge that results are solely based on my effort and how well I follow the recommended training program. Those results are individually based and not of the merit of others.
- I have been truthful with my trainer about my health and health issues, and the recommended program will help me customize what I have given my trainer as conditions for my results.
- I am in good physical condition to participate in weightlifting and cardiovascular exercise. I have no impairment that may hinder my ability to participate in a workout plan.
- I have consulted a consult with my physician before starting this program.
- I am advised to seek a physician release waiver to participate in any exercise fully.
- I am advised to stop immediately during the session if I experience any discomfort.
- All information that I have given to my trainer is truthful, and I will not hold my trainer,
- I will not hold MDM 3 FITNESS LLC and its insurers, employees, trainers, officers, directors, and associates liable for any damages from personal injuries.
PERSONAL TRAINING TERMS & CONDITIONS:
- Personal training sessions that are not rescheduled or canceled 24 hours in advance will result in forfeiture of the session and a loss of financial investment at the rate of one session. Rescheduling and Cancellations must have a valid reason and will be left up to FIIT Fitness Studio and its trainer to decide to accept the cancellation.
- Clients arriving late will receive their remaining scheduled session time unless other arrangements have been previously made with the trainer.
- The expiration policy requires completion of all personal training sessions to be completed for that month. There are no rollovers. Personal training sessions are void after this period.
- No personal training refunds will be issued for any reason, including but not limited to relocation, illness, and unused sessions. Time slots are bought and secured by the training client from FIIT Fitness Studio and its instructors and trainers. Once session time slots are purchased and secured, that original time slot is for that training client only and cannot be sold to another client. For these reasons, we do not offer any refunds. FIIT Fitness Studio and Trainers may work to honor missed sessions for emergencies, but that is up to FIIT Fitness Studio.
- All makeup sessions are done at the FIIT Fitness Studio location. Personal Training client who is being trained at home will have the choice at their request of rescheduling to either make the session at their FIIT Fitness Studio or forfeit the entire session.
FIIT Fitness Studio Gym Liability Release Waiver
I In consideration of my use of the exercise equipment and facilities provided by MDM3 FITNESS LLC, doing business as FIIT Fitness Studio shall be known as across this when MDM3 FITNESS LLC is mentioned. I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors, and assigns, that MDM3 FITNESS LLC and its insurers, employees, trainers, officers, directors, and associates shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of MDM 3 FITNESS LLC. By the execution of this agreement, I accept and assume full responsibility for all injuries, damages (both economic and non-economic), and losses of any type that may occur to me or my guest. I hereby fully and forever release and discharge MDM 3 FITNESS LLC, its insurers, employees, trainers, officers, directors, and associates from all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities. I expressly agree to indemnify and hold MDM3 FITNESS LLC harmless against all claims, demands, damages, rights of action, or causes of action of any person or entity that may arise from injuries or damages sustained by me or my guest. I agree to be solely responsible for the safety and well-being of my guest and myself. I understand that MDM3 FITNESS LLC does not provide supervision, instruction, or assistance for using the facilities and equipment. Still, I will follow and abide by those rules and instructions if assistance is given. I agree to comply with all rules imposed by MDM3 FITNESS LLC regarding the use of the facilities and equipment. I always agree to conduct myself in a controlled and reasonable manner and to refrain from using any equipment inconsistent with its intended design and purpose. I understand and acknowledge that using exercise equipment involves the risk of serious injury, including permanent disability and death. I understand and agree that MDM3 FITNESS LLC is not responsible for lost, stolen, or damaged property in, on, or about the premises. I understand and agree that my use of the facilities and equipment is only to be undertaken on my own personal time and that my use of the facilities and equipment is not within the course or scope of my employment.
I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.
COVID-19 Liability Release Waiver
Last year, the novel Coronavirus (COVID-19) was declared a worldwide pandemic by the World Health Organization (WHO). Considering its ability to transmit from one person to another through respiratory droplets, the government has set recommendations, guidelines, and some prohibitions to which FIIT Fitness Studio (the "Organization") adheres to compliance.
I waive all claims of injury or loss to person or property during my use of any of the facilities. Participation in this session or group class is voluntary and at my own risk. To the best of my knowledge, I am aware of my current health condition, allowing me to participate in group settings, classes, and any other function the gym has. I acknowledge and fully understand that I will be engaging in activities that involve risk of injury, including, but not limited to, pulls or tears (muscles, ligaments, or tendons), muscle strains, and wrist or foot injuries.
I further acknowledge that my use of the facilities during the COVID-19 crisis involves certain risks, including but not limited to:
Exposure to COVID-19 through
• Those who may have come in contact with anyone exposed to the virus
• Surfaces that have been touched by anyone who may have been exposed to the virus
I certify that I am in good health and do not suffer from any heart condition or other ailment that could be exacerbated by the exertion involved in the activities in which I may participate. I agree that I will comply with all instructions given to me by the instructor or assigns. I agree to waive all claims that include but are not limited to the infection of COVID-19 or any disease that I may have in the future against the respective owners, instructors, agents, and assigns relating to my use of the pool, the pool area, or its associated facilities. I release respective owners, instructors, agents, and assigns from any liability claims, demands, injuries, actions, or causes of actions to my person or property arising out of or connected with the use of any services, equipment, or facilities provided. I also agree to indemnify the said owners, instructors, agents and assigns for any claims which are advanced by me or on my behalf or because of any injury to me whatsoever. Further, I confirm that I either have specific insurance to cover any injuries that I may sustain or that I have chosen to participate in these activities without any insurance coverage and agree to assume full responsibility for all risks, known and unknown, bodily injury, death, and property damage which may arise from my decision to participate in accepted classes. By signing this form, I agree that I have been informed that I should not participate in any activity if I have any doubts or if I am uncertain about my current medical condition. I hereby certify that I am at least 18 years of age. If I am not at least 18, the signature of my parent(s) and/or legal guardian(s) must appear below. I have carefully read with a full, definite, and clear understanding of the foregoing provisions and freely enter into the agreement of the Waiver and Indemnification Form.
CANCELATION & REFUNDS POLICY
No personal training, group class, or membership subscription refund will be issued for any reason, including but not limited to relocation, illness, and unused sessions. You can reschedule personal training and group class sessions only if a 24-hour notice or a proven emergency notice meets the condition of canceling sessions. There are no refund issues for subscriptions or membership. All subscriptions or membership cancellations must be made no less than 30 days before the subscription or membership renewal date. Renewal dates are always three days before the first of the month. Given the nature of the business, there are no exceptions to our refund policy. Members and participants reserve time slots, which are lost or maybe by the business when members or participants cancel. It is sometimes impossible to sell slots without sufficient notice to other participants who may otherwise be interested in the time slot.
If I am a Personal Training client, I must have this notice signed by the 1st of the month; otherwise, my account will be debited for the personal training time slot I agreed to have with my trainer. FIIT Fitness Studio Personal Trainers lock in time slots and are unable to sell locked time slots to potential clients until I release them. All charges past the due of this notice are nonrefundable.
I understand that FIIT Fitness Studio has the right to charge my account for all fees due for personal training, gym memberships, device rental, and anything else agreed upon by both parties. I understand that my account will be debited the final amount due upon the execution of this termination letter. If final payments are unsuccessful and after a third attempt of nonpayment with the payment source on file, FIIT Fitness Studio will attempt to contact you. Suppose communication attempts are unsuccessful, with no notice from me. In that case, FIIT Fitness Studio reserves the right to send all final payments for any fees on my account owed to collections 60 days of noncommunication and nonpayment. I have read this cancelation policy. I fully understand this policy is required to cancel my gym membership and all services, including personal training with FIIT Fitness Studio and its trainers. I understand that my membership will not be involuntarily canceled and that written notice is required for payment to stop being debited from my payment source.
PRIVACY STATEMENT
This Privacy Policy governs how MDM 3 FITNESS LLC collects, uses, maintains, and discloses information collected from users (each, a User) of the www.fiitpt.com website (Site). This privacy policy applies to the Site and all products and services offered by MDM 3 FITNESS LLC.
PERSONAL IDENTIFICATION INFORMATION
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and credit card information. Users may, however, visit our Site anonymously. We will collect only personal identification information from Users if they voluntarily submit it to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site-related activities.
NON-PERSONAL IDENTIFICATION INFORMATION
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the computer, and technical information about the user's means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
WEB BROWSER COOKIES
Our Site may use cookies to enhance User experience. Users’ web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may set their web browser to refuse cookies or alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
MDM 3 FITNESS LLC may collect and use Users personal information for the following purposes:
To improve customer service, the Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience, we may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
We may use your feedback to improve our site to improve our products and services.
To process payments, we may only use the information Users provide about themselves when placing an order to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To run a promotion, contest, survey, or other Site feature. To send Users information they agreed to receive about topics we think will interest them.
To send periodic emails, we may use the email address to send User information and updates about their order. It may also be used to respond to their inquiries, questions, and/or other requests. If Users opt-in to our mailing list, they will receive emails that may include company news, updates, related product service information, etc. If the User would like to unsubscribe from receiving future emails at any time, we include detailed instructions at the bottom of each email, or the User may contact us via our Site.
HOW YOUR INFORMATION IS USE:
We adopt appropriate data collection, storage, processing practices, and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over an SSL-secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards to create as secure an environment as possible for Users.
SHARING YOUR PERSONAL INFORMATION:
We do not sell, trade, or rent Users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the above purposes.
THIRD-PARTY CONTENT
Users may find advertising or other content on our Site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We do not control the content or links on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites, or services, including their content and links, may constantly change. These sites and services may have privacy and customer service policies. Browsing and interaction on any other website, including websites with a link to our Site, is subject to that website’s terms and policies.
CHANGES TO THIS PRIVACY POLICY
MDM 3 FITNESS LLC can update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that you must review this privacy policy periodically and become aware of modifications.
YOUR ACCEPTANCE OF THE TERMS:
By using this Site, you signify your acceptance of this policy and terms of service. If you disagree with this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
DIRECT DEBIT POLICY
You authorize regularly scheduled charges to your checking/savings account or credit card. You will be charged the amount indicated by your trainer each billing period. A receipt for each payment will be emailed to you, and the charge will appear on your bank statement as an ACH Debit or with our company name. You agree that no prior notification will be provided unless the date or amount changes; in this case, you will receive notice from us at least ten days before the payment is collected, either by email or in person.
I understand this authorization will remain in effect until I cancel it in writing. I agree to notify MDM 3 FITNESS LLC in writing of any changes in my account information or termination of this authorization at least 30 days before the next billing date. If the above-noted payment dates fall on a weekend or holiday, I understand the payments may be executed on the next business day. For ACH debits to my checking/savings account, I understand that because these are electronic transactions, these funds may be withdrawn from my account as soon as the above-noted periodic transaction dates. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF) I understand that MDM 3 FITNESS LLC may, at its discretion, attempt to process the charge again within 30 days and agree to an additional LATE FEE charges for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law. I certify that I am an authorized user of the payment source provided to MDM 3 FITNESS LLC and will not dispute these scheduled transactions with my bank or credit card company so long as the transactions correspond to the terms indicated in this authorization form.