Terms and conditions
Snider Fitness, LLC
Waiver and Release of Liability of Participants
WAIVER made between You (Participant) and Snider Fitness, LLC, a Texas Limited Liability Company, d/b/a All In Health and Wellness (Consultant) located at 108 Brenda Dr., Hewitt, Texas 76643 with an email address of jerry@allinhealthandwellness.com.
Recitals
The Consultant is a fitness instructor engaging in business in the State of Texas. Whereas, the Participant desires to engage the services of the Consultant, to render its services on the terms and conditions provided in this agreement. THEREFORE, the Participant engages the services of the Consultant. In consideration of the mutual promises contained in this contract, the parties agree as follows:
Term
1. This agreement is effective as of the date of purchase of a health and fitness package. It will continue in effect until completion of the fitness program, or until it has been terminated by either party by giving five (5) days’ written notice to the other party. Electronically delivered written notice is sufficient for written notice.
Services
2. The services to be rendered by the Consultant to the Participant consist of health coaching and/or fitness training.
Facilities
3. The Participant will furnish all facilities and equipment that may be necessary to perform services required under the agreement.
Fee
4. For services to be rendered under this agreement, the Consultant will be entitled to the fee associated with the health or fitness package purchased. For purchases of packages other than monthly memberships, all sales are final. If Participant is not current in payments, Consultant may cancel services at any time.
Monthly Membership Cancellation Policy
5. The Participant has the right to cancel monthly membership at any time. Once you initiate cancellation, no further charges will be incurred. However, there will be no refunds available for fees collected prior to cancellation. If Participant is not current in payments, Consultant may cancel services at any time.
Indemnity and Liability for Claims
6. PARTICIPANT INDEMNIFIES AND HOLDS CONSULTANT HARMLESS AGAINST ANY CLAIMS, DEMANDS, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES FOR DEFENDING THE CLAIMS AND DEMANDS, ARISING FROM THE CONDUCT OR ACTIONS OF PARTICIPANT AND FROM PARTICIPANT’S USE OF CONSULTANT’S SERVICES; FROM ANY BREACH ON PARTICIPANT’S PART OF ANY CONDITIONS OF THIS WAIVER AND RELEASE; OR FROM ANY ACT OR NEGLIGENCE OF PARTICIPANT, ITS AGENTS, INVITEES, OR LICENSEES USING THE CONSULTANT’S SERVICES.
7. Consultant is not liable—and Participant waives all claims—for injury to or death of persons or damage to or loss of property sustained by Participant, or Participant’s invitees or guests resulting from any part of the Consultant services, or resulting directly or indirectly from any act or neglect of any other Participant on the premises, or of any other person, or from any other cause except Consultant’s gross negligence. Consultant assumes no responsibility for accident or injury.
Use of Services
8. Participant agrees to use the services only as rendered. Participant understands services may be tailored specifically for Participant and are not to be transferred to any other person without the prior written consent of the Consultant. If any change in Participant’s health or level of fitness occurs that may impact Participant’s consumption of Consultant’s services, Participant will notify Consultant in writing as soon as possible. Participant understands time is of the essence in communicating such changes to Consultant.
Governing Law
9. This agreement and the rights and duties of the parties under it are governed by the laws of the State of Texas. Participant and Consultant agree the services are provided in Hewitt, McLennan County, Texas, and the venue is proper and fixed in McLennan County, Texas.
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