BEFORE SIGNING THIS ACKNOWLEDGEMENT OF RISK, WAIVER, AND RELEASE OF CLAIMS (THIS “AGREEMENT”), YOU MUST READ THIS AGREEMENT VERY CAREFULLY. IF AN ACCIDENT WERE TO OCCURE INVOLVING YOU AND/OR YOUR MINOR/WARD, YOU AND/OR YOUR MINOR/WARD (BY SIGNING THIS AGREEMENT) WOULD BE GIVING UP LEGAL RIGHTS THAT YOU AND/OR MINOR/WARD MIGHT OTHERWISE HAVE. IF YOU DO NOT UNDERSTAND ANYTHING IN THIS AGREEMENT, OR IF YOU OBJECT TO ANY PROVISION CONTAINED IN THIS AGREEMENT, YOU SHOULD NOT SIGN IT BUT SHOULD SEEK ADVICE FROM YOUR LEGAL COUNSEL. REQUESTS FOR MODIFICATIONS TO THIS AGREEMENT MAY BE DIRECTED TO STEPHEN FULTON & HEATHER HATFIELD, LLC AT THE FOLLOWING NUMBER: 512-638-5725
I recognize and acknowledge that as a recipient of the personal training services provided by the Stephen Fulton and Heather Hatfield, LLC I and/or my minor/ward will periodically engage in strenuous physical activities involving the use of weight training and other exercise equipment such as treadmills, free weights, elliptical machines, exercise bikes, chest presses and squat racks among other equipment, which activities entail the risk of serious and other injuries, including, but not limited to: broken bones, strains, sprains, bruises, concussions, heart attack, viral or other pathogen infection, and in some cases, permanent disability and even death. I also understand that severe social and economic loss might result not only from my own actions but also from the actions, inactions or negligence of others, or the condition of the premises or equipment used in connection with such activities. Nevertheless, I agree to assume the risk of injury, damage, or loss regardless of severity that I, my minor/ward, or other family member or kin may sustain as a result of the activities I engage in as the personal training services provided by Stephen Fulton and Heather Hatfield, LLC
Accordingly, I agree to waive, relinquish, discharge, release, and covenant not to sue Stephen Fulton and Heather Hatfield, LLC or its parent, sister, affiliated and/ or subsidiary corporations and related entities, their members, franchise partners, officers, directors, partners, employees, consultants, contractors, advisors, agents, insurers, attorneys and volunteers, from any and all rights, claims of injury, demands, causes of action, damages, liabilities or loss that I, my minor/ w ard, or other family member may have or that may accrue to me, my minor/ w ard, or other family members arising out of, connected w ith, or in any w ay associated w ith the personal training services provided by Stephen Fulton and Heather Hatfield, LLC. Notwithstanding the foregoing and any other provision of this Agreement, I do not waive any rights that I may seek redress due to the reckless conduct of others or due to the conduct of others, which is both intentional and wrongful.
I have considered that if this Agreement were not as broad as it is, the cost of the personal training services provided to me and/or my minor/ward by Stephen Fulton and Heather Hatfield, LLC would be considerably higher and I do not wish to pay a considerably higher cost. By signing this Agreement, I waive the right to bargain for different terms in this Agreement. I also understand that if I later learn that any fact that I believed to be true at the time I signed this Agreement is later to be found incorrect, I nevertheless am bound by this Agreement.
In no event shall we be liable for any cause of action, claim, damage, demand, expense, fine, investigation, liability, or penalty in excess of the amounts that you paid to us in the preceding 12 months, whether one time or in the aggregate.
You agree to defend, hold harmless, and indemnify us for any of your negligent or reckless acts or omissions. You warrant and represent that you have no medical or other condition, which would prohibit you from participating in any of our programs.
This Agreement constitutes the entire agreement between the Parties on the issues contained in this Agreement and supersedes all prior agreements and/or memoranda. This Agreement may only be modified in writing with the written consent of both Parties. This Agreement is intended to bind only the Parties hereto, and their successors, and may not be assigned by either Party without the express written consent of the other.
This Agreement shall be governed by the laws of the State of TX. All Parties irrevocably consent that the venue and jurisdiction of any dispute shall lie in Travis County, TX. In the event that a court determines that any provision of this Agreement is invalid, all other provisions shall survive and the Agreement shall be interpreted to fulfill the intent of the Parties as shown in this Agreement.
I have read this Agreement thoroughly and fully understand it. I enter into it voluntarily on behalf of myself, my spouse, my heirs, next of kin, assigns, personal representatives, related individuals and related entities. No one has made to me any representations statements, or inducements that change or modify anything written in this Agreement.
Name_____________________________________________________________________DOB______________________________
Signature__________________________________________________________ Date_____________________________________
Burn Boot Camp Client PAR-Q
YES [] NO 1. Has your doctor ever said that you have a heart condition and that you should only do
[] physical activity recommended by a doctor?
YES [] NO 2. Do you feel pain in your chest when you do physical activity?
[]
YES [] NO 3. In the past month, have you had chest pain when you were not doing physical activity?
[]
YES [] NO 4. Do you lose your balance because of dizziness, or do you ever lose consciousness?
[]
YES [] NO 5. Do you have a bone or joint problem (for example, back, knee or hip) that could be
[] made worse by a change in your physical activity?
YES [] NO 6. Is your doctor currently prescribing drugs (for example, water pills) for your blood
[] pressure or heart condition?
YES [] NO 7. Do you know of any other reason why you should not do physical activity?
[]
If you answered YES to one or more questions:
Talk with your doctor by phone or in person BEFORE you start becoming more physically active or BEFORE you have a fitness appraisal. Tell your doctor about the PAR-Q and to which questions you answered YES. You may be able to do any activity you want – as long as you start slowly and build up gradually. Or, you may need to restrict your activities to those that are safe for you. Talk with your doctor about the kinds of activities you wish to participate in and follow his/her advice. Find out which community programs are safe and helpful for you.
If you answered NO honestly to all PAR-Q questions, you can be reasonably sure that you can:
Start becoming much more physically active – begin slowly and build up gradually. This is the safest and easiest way to go. Take part in a Focus Meeting– this is an excellent way to determine your basic fitness so that you can plan the best way for you to live actively. It is also highly recommended that you have your blood pressure evaluated. If your reading is over 144/94, talk with your doctor before you start becoming much more physically active.
PLEASE NOTE:
If your health changes so that you then answer YES to any of the above questions, tell your Burn Trainer. Ask whether you should change your physical activity plan.
DELAY BECOMING MUCH MORE ACTIVE:
If you are not feeling well because of a temporary illness such as a cold or a fever – wait until you feel better; or if you are or may be pregnant – talk to your doctor before you start becoming more active.
Name_____________________________________________________________________DOB______________________________
Email_____________________________________________________________________Phone_____________________________
City_________________________________________________State________________Zip_________________________________
Trail Start Date__________________________________________ Trial End Date_________________________________________
Signature__________________________________________________________ Date_____________________________________
BURN BOOT CAMP MEMBERSHIP AGREEMENT
This Membership Agreement is by and between Stephen Fulton and Heather Hatfield, LLC a TX Limited Liability Company (also referred to as “Burn Boot Camp”, “BBC”, “we”, or “us” in this Agreement), and the Customer, who is the individual accepting this Agreement (also referred to as “you “in this Agreement). Both you and we shall be collectively referred to as “Parties” and individually as a “Party” in this Agreement.
By checking “I agree” below you acknowledge that your Burn Boot Camp membership is subject to the following contract stipulations. However, if you pay your entire membership fee in advance (instead of monthly), then the conditions below applicable to monthly payments shall not apply, until and unless your membership converts to a monthly installment payment membership or a month-to-month membership as set forth herein.
1. Your membership payments are paid by you and received by us via EFT (Electronic Funds Transfer) and your first draft will happen upon completion of this member registration process. Thereafter, your payment will automatically be drafted on or about the same day each month.
2. Except as provided in Sections 3, 4, 5, 6, and 7 this Agreement shall be an annual agreement, ending one (1) year from the date you complete this member registration process, which includes accepting this Agreement.
3. There is a 30-day unconditional money-back guarantee. If you are not happy for any reason within the first 30 days of your contract, you will be fully refunded without any questions asked.
4. If you wish to cancel your membership, you must do so at least 7 days before your next EFT draft. Failure to do so will result in a full charge of your next month's tuition and you will have access to your membership for an additional 30 days. Thereafter, your membership will be cancelled. To cancel your membership, contact us at [email protected]
5. If you wish to cancel your membership before your contract is fulfilled, this will result in an early termination fee. You will be charge 50% of your monthly membership rate for each month remaining in your contract term. Fee may be waived in cases of pregnancy, injury (with an appropriate doctor's note), or sufficient proof of relocation resulting in you living more than 25 miles from the nearest Burn Boot Camp.
6. Memberships can be suspended due to pregnancy, injury, or extreme illness (with an appropriate doctor’s note). Suspensions cannot exceed three (3) months per year, unless pregnant or recovery time is longer than three (3) months (with this stated in doctor’s note). If you cancel your membership during the suspension, you will be responsible for paying the payments which were not made during the suspension period. Also, you will pay 50% of your monthly membership fee for each month remaining in in your contract term. Annual fees are still collected during suspensions. Email us at [email protected] to request a membership suspension; the suspension will not take effect until and unless you receive approval from us.
6. If you have paid upfront for your membership or purchased a pricing option, or one-time purchase option (e.g. punch card, promotion, etc.), then you are not held to any contract stipulations. There is, however, a 30-day limit on refund requests for these one-time purchases.
7. If you wish to continue your membership after the original Agreement terms expires, you do not need to do anything. Your membership will then be “month to month” and you will be charged on a month to month basis. Your monthly membership fee will remain the same as it was. If you then wish to terminate your membership, email [email protected] at least seven (7) days before your next monthly payment is to be drafted.
8. If your credit or debit card has changed or expired, it is up to you to update the card. You will be notified given the email address you provided us if your card is near expiration. Email us at [email protected] for instructions on how to change your card in our billing system. We are not liable for any incorrect, erroneous, or false credit card, debit card, bank account, routing number, or wire transfer information that you provide to us. You agree to defend, hold harmless, and indemnify us for any causes of action, claims, damages, demands, expenses, fines, investigations, liabilities and penalties incurred by us to any third party arising out of your providing us any incorrect, erroneous, or false credit card, debit card, bank account, routing number, or wire transfer information.
9. Referral Rewards can only be redeemed if a new client joins your home Burn Boot Camp location. You will receive a credit of 50% off your monthly rate through our Referral Rewards Program. For you to receive this credit, the new client must list your name as the referring member during that new client’s membership registration process.
10. You give irrevocable consent for us to use your likeness and any video and/or audio of you engaging in interactions with us / participating in our activities for promotional and marketing purposes, and you shall have no claim and make no claim regarding rights to such materials or related to such materials. This consent applies both going forward in time and to any past events or materials.
12. If you breach this Agreement, including non-payment, Burn Boot Camp may refer the matter to a collection agency and/or an attorney. Any costs or fees incurred by Burn Boot Camp as a result of your breach of this Agreement, including related to collection efforts, are recoverable by Burn Boot Camp and will be paid by you.
13. There is a one-time annual fee of $25 that will be applied in June of each year for facility maintenance and equipment upgrades. The credit card, debit card, or bank account on file will be charged unless we are otherwise notified by you.
14. This Agreement shall be governed by the laws of the State of Texas. In case of dispute, all Parties irrevocably consent to venue and jurisdiction in Travis County.
15. In no event shall we be liable for any cause of action, claim, damage, demand, expense, fine, investigation, liability, or penalty in excess of the amounts that you paid to us in the preceding twelve (12) months, whether one time or in the aggregate.
16. You agree to defend, hold harmless, and indemnify us for any of your negligent or reckless acts or omissions, as well as any intentional misconduct by you. You further agree that you have no medical or other condition which would prohibit you from participating in any of our programs.
17. This Agreement in combination with any other written agreements between us constitute the entire agreement of the Parties, and supersedes all prior oral agreements, and/or memoranda. This Agreement may only be modified in writing with the written consent of both Parties. This Agreement is intended to bind only the Parties hereto, and their successors, and may not be assigned by either Party without the express written consent of the other.
18. In the event that a court determines that any provision of this Agreement is invalid, all other provisions shall survive and this Agreement shall be interpreted and enforced to effectuate the overall intent of the Parties as expressed herein.
(1) “NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.”
(2) “IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
1603 RANCH RD 620 N LAKEWAY TX 78734”
(3) “IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY:
(A) CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS:
1603 RANCH RD 620 N LAKEWAY TX 78734; AND
(B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE'S INTERNET WEBSITE.”
(4) “IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 1603 RANCH RD 620 N LAKEWAY TX 78734”
I Agree
_______________________________________ __________________
Member Signature Date
Burn Boot Camp Contract Form
Membership information
Membership fee per month:
Term of commitment:
Primary Gym:
Key tag number#:
Name:
Email address:
Phone Number:
Address:
Dob:
Billing information
Name on card:
CC#:
CVV:
Exp. Date:
Billing zip code:
Member referral:
Are you interested in Having a mentor? Yes No
I have reviewed and understand the terms and conditions of my membership. By checking “I agree” below you acknowledge that your burn boot camp membership is subject to the contract stipulations.
I agree Signature:
