Terms and Conditions
PREMIUM FITNESS COACHING AGREEMENT AND WAIVER ("Agreement")
PEAK STRENGTH & CONDITIONING, LLC / DBA ARANGIO ATHLETIC FITNESS ("PEAK")
FITNESS COACHING PROGRAM, STRUCTURED PLAN OF PERSONALIZED FITNESS TRAINING, FITNESS ASSESSMENTS, AND GOAL SETTING ("COACHING SERVICE(S)")
MEMBER (“YOU” OR “MEMBER” OR “CLIENT”)
YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE SIGNING THE FITNESS COACHING REGISTRATION FORM (“REGISTRATION FORM”). BY SIGNING THE REGISTRATION FORM YOU ARE STATING THAT YOU:
* ARE 18 YEARS OR OLDER (PARENT/GUARDIAN SIGNATURE REQUIRED IF UNDER 18 YEARS)
* HAVE READ AND UNDERSTAND THIS AGREEMENT
* IRREVOCABLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT
1. Term and Fees
1. 1. Term
This Agreement commences on the date you agree to this Agreement (“Start Date”) pursuant to Section 2 of the Registration Form. Client and PEAK have agreed that PEAK will conduct Coaching Services at mutually convenient, agreed-upon days/times pursuant to Section 2 of the Registration Form.
1.2. Coaching Service Fees Member will receive Coaching Services pursuant to Section 2 of the Registration Form. Member agrees to pay PEAK, pursuant to Section 3 of the Registration Form, for Coaching Services.
1.3. Enrollment Fee Member agrees to pay PEAK a non-refundable enrollment fee (“Enrollment Fee”) pursuant to Section 3 of the Registration Form.
2.1. By Member
PEAK does not refund, offer credits, or extend memberships due to cancellations for any reason including late cancels, missed sessions, or no-shows.
2.2. BY PEAK
If PEAK cancels a session, with the exception of cancellations due to observed U.S. Federal Holidays, Client will receive credit for each canceled session, pursuant to Section 2 of the Registration Form.
3. Automatic Renewal
In order to provide continuous service, PEAK automatically renews all paid memberships for Coaching Services 24 hours before such memberships expire. Memberships will renew on a prorated month-to-month basis at the end of the term. In addition, PEAK sometimes offers special promotions that have renewal periods of different duration than the original membership term. PEAK always communicates renewal periods to you upon confirmation of your membership and in the body of any special promotions that have renewal periods of different duration than the original membership term. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals and you agree to keep a valid credit card on file. In all cases, if you do not wish your account to renew automatically, please provide PEAK with written documentation of your desire not to renew 30 days prior to your renewal date. To be deemed effective, written documentation of non-renewal must be sent to: PEAK Strength & Conditioning, PO Box 187, Trexlertown, PA 18087. No requests via e-mail, fax or in person will be accepted.
4. 90-Day Money-Back Guarantee Terms
As described below, Members who purchase a 12 or 15-month membership that meet all of the following Eligibility/Limitations and Refund Process terms and conditions are eligible for PEAK’s 90-Day Money Back Guarantee (the "Guarantee").
To be eligible for the Guarantee, each of the following conditions must be met for 90 consecutive calendar days without interruption following the Membership start date. If you upgrade to a Membership package that includes the 90-Day Money Back Guarantee, the 90-day period commences on the start date of the upgraded Membership including the guarantee, not the start date of the original Membership:
4.1.1. A 12 or 15-Month Membership must be purchased. The Guarantee is valid with a 12 or 15-Month Membership only.
4.1.2. Member must give 100% honest effort at every session.
4.1.3. Member must have attended all scheduled sessions. No scheduled sessions may be missed, for any reason, during the 12 or 15-Month Membership term.
4.1.4. The 12 or 15-Month Membership must have been purchased on or after September 1, 2010. The Guarantee does not apply to 12 or 15-Month Memberships purchased prior to this date.
4.1.5. Member must have completed daily assignments which include but are not limited to the following items: food/drink intake journaling, sleep journaling, how you feel, and progress photos. Daily assignments (90 total) are due on or before 11:59 PM EST for the previous day’s assignment. Assignments must be emailed to email@example.com to be deemed valid.
4.1.6. Member must have completed 13 weekly video progress report assignments which include but are not limited to a three-minute video testimonial discussing the following items: food/drink intake journaling, sleep journaling, how you feel, and progress photos, on day 7, 14, 21, 28, 35, 42, 49, 56, 63, 70, 77, 84, and 90. Weekly assignments are due on or before 11:59 PM EST for the previous week’s activity. To be deemed valid, video progress reports must be uploaded to YouTube and the video link emailed to firstname.lastname@example.org.
4.1.7. Member must have completed one quarterly assignment including but not limited to goals accomplished over the past 90 days, and action plan to achieve new 90-day goals on or before 11:59 PM EST on day 90.
4.1.8. Member agrees that he/she is not attempting to defraud PEAK.
4.1.9. Member must satisfy all provisions of the Terms and Fees.
22.214.171.124.Only one Guarantee refund per household per calendar year.
4.2. Refund Process. Members who meet the Guarantee Eligibility/Limitation requirements may request a refund by following the process described below. Refunds will be granted only if all of the instructions below are followed.
4.2.1. Refund requests must be sent via postal mail to PEAK Strength & Conditioning, Attn: Money Back Guarantee, PO Box 187, Trexlertown, PA 18087. No requests via e-mail, fax or in person will be accepted.
4.2.2. Refund requests must be postmarked no earlier than 91 days after the Membership start date and no later than 104 days after the Membership start date, pursuant to Section 2 of the Registration Form.
4.2.3.Refund request must include a completed and signed copy of the Refund Request Form, which can be obtained by requesting via postal mail to PEAK Strength & Conditioning, Attn: Money Back Guarantee, PO Box 187, Trexlertown, PA 18087 . Incomplete or unsigned refund request forms will not be accepted.
4.2.4. The refund will be credited to the credit card used for the original purchase.
PEAK shall, in its sole discretion, determine whether all requirements for the Guarantee have been satisfied and may terminate or modify the Guarantee program on a prospective basis at any time. The act of submitting a refund request does not ensure that a refund will be issued.
Member agrees that the Coaching Services provided under this Agreement are strictly confidential and may not be disclosed to any third party without the express written consent of PEAK, including but not limited to, the materials provided to Member from PEAK, the techniques and methodologies utilized by PEAK and its staff in rendering Coaching Services under this Agreement and the substance of the communications between PEAK and the Member. Member agrees that Member shall not reproduce any materials provided to Member by PEAK and, further, that Member will not remove any proprietary markings from materials provided to Member from PEAK, including any confidentiality notices and/or copyright notices. It is expressly understood and agreed that PEAK is the sole and exclusive owner of all concepts, programs, ideas, materials, copyrights, trademarks and other intellectual property rights associated with the Coaching Services.
6. Promotional Rights
As part of this Agreement and for no additional consideration or agreement, PEAK may request the consent of the Member to use the Member's name, image, and likeness for promotional purposes and any such consent by Member shall not be unreasonably withheld.
7. Waiver and Release of Liability, Assumption of Risk and Indemnity
MEMBER HEREBY ACKNOWLEDGES THAT PEAK MAKES NO WARRANTIES AND DOES NOT GUARANTEE INDIVIDUAL RESULTS. MEMBER, NOT PEAK, IS PERSONALLY RESPONSIBLE FOR THE ACHIEVEMENT OF INDIVIDUAL PERFORMANCE GOALS. MEMBER FURTHER UNDERSTANDS AND ACKNOWLEDGES THAT PHYSICAL EXERCISE IS INHERENTLY DANGEROUS AND CARRIES WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY AND PROPERTY LOSS. MEMBER UNDERSTANDS AND AGREES THAT MEMBER ASSUMES THE RISK OF PARTICIPATING IN THE TRAINING AND ACTIVITIES RECOMMENDED BY PEAK, ITS AGENTS AND REPRESENTATIVES. MEMBER HAS NOT BEEN ADVISED AGAINST PARTICIPATION BY A QUALIFIED HEALTH PROFESSIONAL. IN CONSIDERATION OF THIS AGREEMENT, MEMBER HEREBY INDEMNIFIES, RELEASES AND FOREVER DISCHARGES PEAK FROM ANY LIABILITY, CLAIMS, LOSSES, COSTS, OR EXPENSES, AND WAIVES THE RIGHT TO PURSUE LEGAL ACTION AGAINST PEAK ARISING DIRECTLY OR INDIRECTLY FROM MEMBER'S PARTICIPATION IN THE COACHING SERVICES, INCLUDING CLAIMS OR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY OR PROPERTY DAMAGE, MEDICAL OR ECONOMIC LOSSES. THIS AGREEMENT SHALL BE BINDING UPON MEMBER'S HEIRS, ASSIGNEES, SUCCESSORS AND PERSONAL REPRESENTATIVES. MEMBER HEREBY FURTHER STATES THAT HE/SHE CURRENTLY SUFFERS FROM NO PHYSICAL OR MENTAL CONDITION THAT WOULD IMPAIR HIS/HER ABILITY TO FULLY PARTICIPATE IN THIS AGREEMENT. MEMBER REPRESENTS AND WARRANTS THAT HE/SHE IS EIGHTEEN (18) YEARS OF AGE OR OLDER. PARENT/GUARDIAN SIGNATURE REQUIRED IF UNDER 18 YEARS
8. Governing Law
This Agreement shall be construed under and in accordance with the laws of the Commonwealth of Pennsylvania exclusive of any conflict-of-law or choice of law rules and principles.
This terms and conditions of this Agreement may not be amended or modified without the express written consent of PEAK and any attempt to do so shall be null and void. Member may not assign his/her rights or delegate his/her duties under this Agreement without the prior written consent of PEAK. This Agreement constitutes the complete and exclusive statement of all mutual understanding between the parties with respect to the subject matter hereof, superseding all prior proposals, communications and understandings, oral or written.
BY SIGNING THE REGISTRATION FORM, YOU HEREBY CONSENT TO ALL OF THE TERMS OF THIS AGREEMENT.