CLIENT SERVICES AGREEMENT
This Member Services Agreement (“Agreement”) is made and entered into between Health Professional Connect, a Florida corporation, doing business as FitnessAtYourDoor (the “Company”) and ___________________ (“Client”) (hereinafter collectively referred to as “Parties”). The Parties, therefore, agree as follows:
Services
During the Term of this Agreement, the Company, through its contractors, will perform for the Client personal training services.
Company, in collaboration with Client, will develop a personal training program suited to the needs of the Client and taking into account Client’s abilities, medical history, and goals for the duration of the training.
Sessions
Client will have a number of personal training sessions based on the personal training package, membership, or subscription for which they have signed up.
Payment
The Client shall pay the Company at a rate and at such times as more particularly described according to the personal training package, membership, or subscription for which they have signed up.
Terms and Conditions
Personal training sessions that are not rescheduled or canceled 12 hours in advance will result in forfeiture of the session and a loss of financial investment at the rate of one session.
Clients arriving late will receive the remaining scheduled session time unless other arrangements have previously been made with the Company.
The expiration policy requires the completion of all personal training sessions within the 30 days after the end of the personal training package, membership, or subscription. Personal training sessions are void after this time period.
No personal training refunds will be issued for relocation, unused sessions, or reassignment of the Client to a new trainer. At the Company’s discretion, personal training sessions may be refunded due to illness of the Client.
Terms of Service for SMS Communications
The Terms of Service for SMS Communications must either be included in the Privacy Policy or exist as a stand-alone document and include the following:
Consent for SMS Communication
Information obtained as part of the SMS consent process will not be shared with third parties.
If you have consented to receive text messages from FitnessAtYourDoor, you may receive text messages related to updates regarding your orders, deliveries, or other relevant information. You may also receive information about your application status, onboarding materials, or other employment-related updates, depending on the scope of your business.
Standard Messaging Disclosure
Message and data rates may apply. You can opt out at any time by texting “STOP.” For assistance, text “HELP” or visit our Privacy Policy & Terms of Service.
Client Understandings
Client understands that they will be required to complete a disclosure form including their health history, and agrees to do so accurately and completely, including disclosure of any prescribed medications they are taking and any exercise or diet limitation they are aware of or have been informed of by their physician. During the program, if Client’s medications, condition, or medical limitations should change, they will notify the Company.
Client understands that by signing this Agreement, Client agrees to observe and obey all written rules, regulations, and warnings of any training location and further agrees to follow any instructions or directions given by the Company, its affiliates, agents, employees, or contractors.
The Client recognizes that the activities may involve strenuous physical activity, including but not limited to muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities.
Client acknowledges that the Company recommends consulting a physician prior to participating in the personal training program or any other events sponsored by the Company.
Client understands that the Company and its contractors are not physicians and cannot replace the advice and expertise of a physician.
Client understands that exercise involves certain risks, including but not limited to serious neck and spinal injuries, heart attack, stroke, or even death. Injuries could occur to bones, joints, or muscles.
Client Representations About Health
Client attests that they are in good physical health and do not suffer any disability or condition known to them that would prevent or limit their participation.
Dress Code
The Client will wear proper attire during their participation in the personal training program, including appropriate exercise shoes and clothing.
Publicity Waiver
Client hereby grants the Company the unrestricted right to use pictures or photographs of clients, film, voice recording, statements, and comments in any media to promote the Company and its services.
Use of Equipment
During the personal training program, the Client will be instructed on the proper use and safety guidelines of all equipment used.
Reimbursement for Broken Equipment
Client agrees to reimburse the Company for the cost of any exercise equipment broken by Client due to misuse or negligence.
Termination
The term of this Agreement will commence on the date of signing by both Parties (the “Effective Date”) and will continue until such time as either of the Parties terminate the Agreement.
Assumption of Risk
Client recognizes the risks associated with participation in the personal training program and assumes full responsibility for any personal injury or death sustained.
The Company will not be held responsible for health-related issues, including but not limited to allergic reactions or personal injury due to supplements, nutritional plans, or meals.
Indemnification
Client shall defend, indemnify, and hold the Company harmless from any and all claims or losses arising from Client’s breach of this Agreement.
Limitation of Liability
Client waives and releases the Company from responsibility for any injuries or damages.
Governing Law
This Agreement shall be governed by the laws of the State of Florida.
Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings.