RELEASE OF LIABILITY:
By signing up to TeamHH Online, Hodgson Health, HH at the Waterfront, Team HH Bootcamp, RyanHodgsonFitness and/or EllyHodgsonFitness and other trading names you agree to the following.
ASSUMPTION OF THE RISK:
By the execution of this agreement, I am aware that all activities associated with receiving personal training instruction from Trainer including, but not limited to activities involving aerobic exercise, stretching exercise, running and weight lifting, as well as additional strenuous exercise and/or exertion of strength, and other sustained physical activities which places stress on the cardiovascular and muscular systems (collectively referred to herein as “Training”), are and can be hazardous activities that include certain risks and dangers, including but not limited to, catastrophic injuries, including paralysis, other serious injury and death. I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities, whether the training occurs at the studio, my home, office or any other location. I agree to be solely responsible for safety and wellbeing of my guest and myself. I agree to comply with all rules imposed by the company regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. I understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death.
In consideration of my participation in the training provided by Trainer I, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Trainer and/or its members, managers, officers, directors, agents, and all employees, and affiliated entities (Hereinafter referred to as “Releasees”) from all liabilities and claims, including the negligence of Trainer resulting in personal injury, accident or illnesses. (Including Death) and property loss arising from, but not limited to, participation in the training and use of facilities, premises or equipment wherever located and by whomever provided. In further consideration for the right to use equipment provided by Trainer or equipment at another location, I acknowledge and agree that Trainer has not inspected the equipment at the Location or the suitability of the area for the training. I expressly release, hold harmless, discharge and indemnify (Including costs and attorney’s fees) Trainer and Releasees for any loss, injury or damage (Including Death) from any cause, including negligence arising out of any Location, and/or arising out of the use of my equipment or equipment or facilities provided by Trainer.
SEVERABILITY AND JURISDICTION:
I further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the laws of the States of Jersey and if any portion of this Agreement is held invalid, it is agreed that rest of the agreement will continue in full legal force and effect. I further acknowledge and agree that this Agreement shall be governed by and shall be construed in accordance with the laws of the Bailiwick of Jersey and United Kingdom. Any claims or legal actions by one party against the other shall be commenced and maintained in the state courts of the Bailiwick of Jersey and United Kingdom and the parties hereby submit to the jurisdiction and venue of any such court in either jurisdiction.
INDEMNIFICATION AND HOLD HARMLESS:
I also agree to INDEMNIFY AND HOLD Trainer and all Releasees harmless of any and all Legal claims, actions, suits, procedures, costs, expenses, duties and liabilities, including attorney’s fees brought as a result of my Training with Trainer and to reimburse Trainer for any such expenses incurred.
I have represented to Trainer that I have either a) been given a physician’s permission to participate in the Training, or b) voluntary participate in the Training and all risks related to the Training without the approval of my physician(s). I represent that I am not aware of any medical or physical condition that would prevent me from participating in the Training or from using equipment or facilities which pose a serious health risk to me. I further acknowledge that Trainer has relied on my statements as being accurate and complete, as a condition to entering into this Agreement. I further acknowledge and agree that I am not obligated to participate in any Training that I do not wish to participate in. I will inform Trainer immediately if I do not wish to participate in any specific Training.
(Disregard the below portion if you have Already Paid in Full)
The first payment will be debited by our card collection company (stripe) at the start of the program (unless you’re on a Free trial*) with future payments approximately on the same day of each month (every 30 days) thereafter until completion / termination of training program. All Training programs will be renewed automatically for the next month with same monthly rate, unless Client gives notice of program termination by email to email@example.com at least one month prior from the next debit date.
Payments have to made in full prior to commencement of coaching Programme. In the event of the termination of this Agreement in accordance with any of Provision, No portion of any payments of any kind whatsoever previously provided to us hereunder shall be owed or be repayable back. Moreover, if coaching need to be stopped for any reason we will offer coaching at a later date or products to the value of the time remaining on the Programme.
If a client joins on a free trial of any kind, notice to cancel should be given by email at least 24 Hours prior to the first payment which has to be debited as mentioned above. In contrary the one-month notice falls into place.
For our online coaching Programmes on a monthly rolling basis, we don’t offer a freezing of Training. However for our bootcamp we offer a freeze for a maximum of 2 months in any 12 months with a freeze charge of just £27 a month, we require one calendar month notice to action any freezes to memberships.
For the health club we do not offer any freezing of memberships.
NOTICE: – Returning clients are agreeing to a 6-month minimum term on all our monthly rolling memberships and a £37 rejoining fee unless prior agreed by email with Ryan and/or Elly Hodgson.
Personal Training Programmes: –
Payments for Personal Training have to be paid in advance for 4, 8 or 12 sessions a month. For cancellation of Personal Training, we require one-month prior notice. Please note if you give 24-hour cancellation notice, then you may be charged for late cancellation. On the other side If the trainer fails to give 24 hours notice of ant cancellation a complimentary session will be offered to you.
EFT Payment Authorization:
Client hereby authorizes Trainer or its assigns to make periodic charges or withdrawals (“Electronic Funds Transfer Authorization”) from my account as stated above for the payment of any and all fees, expenses or any other money due to Trainer. 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 charge.
Failure to adhere to the above terms and conditions may result in any failed payments being outsourced to a third party collection agency.