You understand that Zenergy Fitness LLC. cannot and does not guarantee that files available for downloading from the our web site will be free of viruses, worms, trojan horses or other destructive properties. You are responsible for implementing sufficient procedures to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Zenergy Fitness LLC. does not assume any responsibility or risk for your use of this web site.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
Although we take every precaution that we can, Zenergy Fitness LLC. disclaims all warranties, including any implied warranties of fitness for any particular purpose,
We do not promise that the functions or content contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses.The contents or our web site may include technical inaccuracies or typographical errors, and we may make improvements at any time. You, and not Zenergy Fitness LLC. assume the entire cost of all necessary servicing and or repairs in the event of any loss or damage arising from the use of any of our web sites.
Any information on this site speaks only as of the date the information is posted, and Zenergy Fitness LLC. is under no obligation to update such information after it is posted or to remove it from this site if it is no longer, accurate or complete.
TRADEMARKSTrademarks, service marks, and logos appearing in this site are the property of Zenergy Fitness LLC.
SECURITY:Any passwords used for any of our web sites are for individual use only. You will be responsible for the security of your password. Zenergy Fitness LLC. will be entitled to monitor your password and, at its discretion, require you to change it if necessary. If you use a password that we consider to be insecure, we will require the password to be changed and/or terminate your account.
SERVICES CONTRACT DETAILS:
Zenergy Fitness LLC., personal training and/or Gravity contract programs, are for a minimum 6 months. (unless otherwise stated)
EFT Request and Authorization: You, the Client will authorize Zenergy Fitness LLC. or its assigns to make periodic charges of withdrawals (“EFT Authorization”) every month from the account used to pay the initial payment of your program or replacement account designated by the Client and accepted by Zenergy Fitness LLC., for the payment of any and all fees, late charges, costs, expenses or any other monies due Zenergy Fitness LLC. under the terms and conditions of the Agreement. Client understands that the Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges of withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon thirty (30) days written notice to, and approved by Zenergy Fitness LLC.. Client may timely notify the financial institution in control of Client’s account to terminate Request, but such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. Zenergy Fitness LLC. or its assigns reserve the right to add the following fees to the Client’s account balance should any of the following occur. Zenergy Fitness LLC. or its assigns reserve the right to add the following fees to the Client’s account balance should any of the following occur. Re-submit unpaid EFT draft – ten dollars, unpaid EFT draft (after re-submittal) – fifteen dollars, unpaid credit card debt – fifteen dollars, unpaid customer check – fifteen dollars. Payments received more than ten (10) days after the due date are assessed a late fee of $5.00 per payment. IMPORTANT NOTE: Client, on his or her own behalf, by signing and agreeing to partake in Zenergy Fitness LLC. Personal Training Services and related activities, agrees to release Zenergy Fitness LLC. from liability due to participation. Client is urged to have the release agreement reviewed by an attorney before agreeing. By agreeing to the Agreement Client acknowledges that Client has read, understood and agreed with all terms and conditions of the agreement, after having the opportunity to have it reviewed by an attorney at the discretion of Client. Client further acknowledges upon request, Client may receive a filled-in and completed copy of the agreement, which includes the E.F.T. request, the release and waiver of liability, and all Additional Terms and Provisions located on the front and reverse side of the Agreement. The Agreement constitutes the entire agreement of the parties and no other agreement of understanding exists between Client and Zenergy Fitness LLC.. Zenergy Fitness LLC. has made no express of implied warranties or misrepresentations other than those expressly set forth in the Agreement to induce Client to enter into the Agreement. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement. You, the Client, may cancel this Agreement at any time prior to midnight of the third business day of the Zenergy Fitness LLC. Studio after the date of this Agreement, excluding Sundays and holiday. To cancel this Agreement, mail or deliver a signed and dated notice which states that you, the Client, are canceling the Agreement, or words of similar effect. Such notice shall be sent to Zenergy Fitness LLC. 9085 Judicial Dr. San Diego, Ca. 92122. Attn: Billing dept.. The length of this agreement is a minimum of 6 (six) months, and will be automatically renewed on a month to month basis at each expiration date, subject to the cancellation and renewal provisions herein.
PROGRAM SERVICES: The service being requested is for one-on-one fitness training sessions, and / or the GRAVITY Group training sessions scheduled for one half hour each, unless otherwise specified in this agreement. Zenergy Fitness LLC. will make every attempt to provide the best service possible, acknowledging client requests (such as trainer gender, age, appointment time, etc.), but will not be held liable, or otherwise does not effect the terms of this agreement, in the event these requests cannot be met. Zenergy Fitness LLC. must begin performance of services within six months from the date the agreement is entered into. All appointment cancellations need to be made twenty-four (24) hours prior to the scheduled appointment time to not be considered a “no-show”. In the event the client “no-shows” for their scheduled session, the client will be charged for their session. In the event that the trainer “no-shows” for the scheduled appointment and there is no other trainer available at that time, . Zenergy Fitness LLC. will add one (1) free training session to the original agreement term. Zenergy Fitness LLC. reserves the right to change trainers at any time for any reason. Any missed / early canceled training sessions may be made up within 30 days of missed appointment (excluding "no shows") All pre-paid personal training sessions of 12 or less, must be completed within 30 days from the date of payment. All pre-paid personal training sessions of 13-24, must be completed within 3 months from date of payment. All pre-paid personal training sessions 25-48, must be completed within 6 months from date of payment. All pre-paid personal training sessions of 49-96 must be completed within 9 months from the date of payment. All pre-paid sessions great than 96, must be completed within 12 months from date of payment. If sessions (including make-up sessions) extend beyond the above stated period, then the remaining sessions of the Agreement are considered to have lapsed and will immediately be discontinued. Failure to use the services does not relieve any Client obligations, (regardless of circumstances), to pay the fees, late charges and other monies due under this Agreement in full. The completion date will be extended only when a signed doctor’s not received stating a medical reason, which prevents personal training from being completed with the normal allotted time period.
REFUNDS: No refunds shall be made for services purchased, except as specifically provided in this Agreement.
PAYMENT IN FULL: If client desires to pay in full for future services, client’s executions of this agreement hereby constitutes a written request to make such payment in full.
CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any other terms and conditions of the Agreement, including but not limited to, the obligation to make any payment as and when due. Upon default. Zenergy Fitness LLC. shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If . Zenergy Fitness LLC.delays or refrains from exercising any rights under this Agreement, . Zenergy Fitness LLC. does not waive, nor does . Zenergy Fitness LLC. lose those rights. If . Zenergy Fitness LLC. accepts late or partial payments from Client, . Zenergy Fitness LLC.does not waive the right to receive full and timely payments and other charges due under this Agreement.
CLIENT’S RIGHT TO CANCEL: Client may terminate this Agreement at will by providing a 30-day written notice of cancellation, and paying any and all fees incurred, including, but not limited to late fees, return fees, collection fees, etc. If by reason of death or disability, client is unable to receive all Zenergy Fitness LLC.services for which client has contracted, client and client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability, and if you have prepaid any sum for services, so much of such sum as is allocable to services client has not taken shall be refunded. In the event the client moves further than 25 miles from the fitness facility , client may terminate this agreement by supplying proof of residence, and paying a cancellation fee of $100 for each client. So much of sums prepaid as are allocable to service client has not taken, if any, shall be promptly refunded less the applicable cancellation fees.
SUCCESSORS AND ASSIGNS: Client agrees that all terms and conditions of any Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Client, and anyone claiming by or through Client.
ENFORCEABILITY: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. Further, if any such provision or portion of a provision may be reduced and/or narrowed in scope or the like, such provision or portion of a provision shall be reduced, narrowed and/or the like, and so enforced. However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waived any statute or other right of any type, which would invalidate the enforceability of any provision or portion of this Agreement.
GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the laws of the State of California. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement. Zenergy Fitness LLC.and Client agree that the venue for such court action shall exclusively be San Diego, California.
ATTORNEY FEES: In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their attorney’s fees, court costs, and other charges from the other party as a party of any ruling, determination or judgment.
NAME AND LIKENESS RELEASE: I understand that Zenergy Fitness LLC. may photograph or video client prior to, during the delivery of Training, or at the completion of Training and client agrees to allow Zenergy Fitness LLC. to use photographs and videos of me, as well as, name and likeness for promotional purposes.
CLIENT ACKNOWLEDGMENT, ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF ZENERGY FITNESS LLC.. CLIENT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVES THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEAT PROSTRATION, KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY HOWEVER CAUSED, OCCURRING DURING OR AFTER CLIENT’S PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A CLIENT, SLIP AND FALL BY CLIENT, OR AN UNKNOWN HEALTH PROBLEM OF CLIENT. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY INVOLVED WITH PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND CLIENT AGREES THAT IT IS THE RESPONSIBILITY OF CLIENT TO SEEK COMPETENT MEDICAL OR OTHER PROFESSIONAL ADVICE, REGARDING ANY CONCERNS OR QUESTIONS INVOLVED WITH THE ABILITY OF CLIENT TO TAKE PART IN OF ZENERGY FITNESS LLC. PHYSICAL ACTIVITIES. BY SIGNING THE AGREEMENT, CLIENT ASSERTS THAT HE OR SHE IS CAPABLE OF PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY FOR NOT EXCEEDING HIS OR HER PHYSICAL LIMITS.
Zenergy Fitness LLC. reserves the right to investigate suspected violations of these Terms of Use.
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