Service Agreement

Schedule/Cancellation Policy

I understand that SutraWellness operates on a scheduled hourly appointment basis for private training sessions. Therefore, when cancelling an appointment, I am required to provide a minimum of 36-hour notice, for which no additional charge shall be incurred. However, if I cancel a session LESS than 36 hours to the scheduled time, I shall be charged in full for that training session. I understand that I’m entitled to a one-time cancellation fee waiver, whereby I can cancel a session in less than 36-hours, at no additional charge.

Should my personal trainer cancel a session with less than 36-hour prior notice, and is unable to reschedule, I shall be entitled to one free session. I understand that the free session must be redeemed within 7 days of cancelling the previous one or shall be forfeited.

However, should my personal trainer cancel a session with MORE than 36-hour notice, I shall be entitled to no free session, but the training session shall be rescheduled within 7 days to ensure consistency and progress in my fitness program.

*Note: Please be on time for your session. If you are late, the session will still finish on time 

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Refund Policy

No refunds for session packages or monthly memberships. Sessions purchased are transferable to another person in the case of moving or other reason for being unable to continue training.

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Expiration Policy

All purchased sessions expire after 6 months of “missing in action”. Exceptions are special promotions that have limited time offers.  Considerations may be made by the Director for special circumstances when notified in writing in advance. 

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Declarations

This Agreement is entered into between Wellness Professional, SutraWellness Contractor (“Wellness Professional”) and the undersigned (“Client”). The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement. 

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Assumption of Risk

You agree that if you engage in any physical exercise or activity, including personal training, yoga, group classes, retreats, workshops or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. 

 

Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. 

 

You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. 

 

You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise. 

 

Release

You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Wellness Professional (and The Wellness Professional’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of  Wellness Professional’s affiliates, employees, agents, representatives, successors, and assigns. 

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This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises. 

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Indemnification

By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Wellness Professional to you. 

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Acknowledgements

You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 

 

You acknowledge that Wellness Professional offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Wellness Professional is not in the business of selling weightlifting equipment, exercise equipment, supplements or other such products to the public, and the use of such items is incidental to the service provided by Wellness Professional. 

 

You acknowledge and agree that Wellness Professional does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. 

 

You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for t Wellness Professional’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. 

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