Services Agreement

Health and Fitness Consultation and Membership Agreement

Agreement made on the day of , 20, between

, a limited liability company organized and existing under the laws of the state of , with its principal office located at

(street address, city, county, state, zip code), referred to herein as the Studio, and

of (street address, city, county, state, zip code), hereinafter called Client.

Whereas, desires to become a client of the Studio and cannot become a client without agreeing to the rules and regulations set forth below and abiding by the terms of this Agreement;

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Check in Policy
Client must check in each time that he/she uses the Studio by presenting his/her current membership card at the front desk upon arrival. Studio usage may be denied if Client does not present said card. The Studio may either close or operate at reduced hours on holidays. Business hours, policies, and regulations are subject to change without notice.

2. Membership Fees and Cancellation
Membership use and services must be paid for in advance. All fees and schedules are subject to change without notice. At the present time, membership fees are as follows:

a. Monthly Memberships $

b. Quarterly Memberships $

c. Semi-Annual Memberships $; and

d. Annual Memberships $

Special engagements, repairs, and maintenance of some facilities may make it necessary for the Studio to restrict use of, or close, one or more of the facilities. Fees will not be reduced or suspended during the time when one or more of the facilities are not available. Monthly Renewing Members may cancel memberships by notifying Studio personnel of his/her wish to cancel over the phone or in person, any time during business hours prior to the first day of the month to be cancelled. There will be no refunds for membership fees which have been paid to Studio by Client except as set forth in Paragraph 3 below.

3. Three-Day Right of Recession

New members/clients have three days after signing this Agreement to cancel their membership without penalty. If the Agreement is cancelled within three days, the Studio will return to the member within thirty days all amounts paid. To cancel, new members must call or come into the Studio and inform the front desk personnel of their wish to cancel.

4. General Policies
The undersigned Client understands and agrees to the following general policies:

A. If I anticipate being more than 10 minutes late to a session, I will contact my instructor. If I am more than 20 minutes late for a session, my session will be forfeited and I will be charged for that session.

B. All clients are required to have a complimentary health and fitness evaluation prior to beginning a workout program.

C. All clients are required to have a postural evaluation prior to starting a workout program at a rate of $95.00/ hour.

D. Consulting Fees
All services outside of scheduled training sessions such as meeting with other consultants (e.g., doctors, nutritionist, etc.), equipment consulting, and personalized programs are subject to a consulting fee of $95.00/ hour.

E. Payment Terms
All payments are due prior to service. Clients will be billed on the 25th of the month and payment will be required by the 1st of the month. All purchased sessions expire at the end of the month. (Members will have an opportunity to make up any cancelled sessions in the last working week). A fourteen (14) day notice must be given to stop billing for the upcoming month of service. All returned checks are subject to a service charge of $ (e.g., maximum allowed by state statutes). Rates are subject to change upon days notice to Client.

F. Cancellations
A twenty-four (24) hour notification is required to cancel all scheduled appointments. Exceptions such as medical injury or other related emergencies will be considered. Any session cancelled twenty-four (24) hours prior to service will be allowed to be rescheduled within the last working week of the month. Studio requests that a 14 day advance notice be given of vacations or similar such prolonged absences. A 14 day notice is required for cancellation of services for the upcoming month. If you are sick or are experiencing any symptoms of illness Client must cancel any upcoming appointment immediately. Studio requires a client to be symptom free two (2) days before returning to any exercise program. If a client comes to an appointment with symptoms of an illness, he/she will be sent home and charged.

G. Participation Agreement
To ensure Client's goal(s) are met, it is important to establish specific guidelines. Working with a personal trainer is a relationship that requires the effort of both parties. Below is a list of responsibilities that you as a client are required to uphold. It is important to understand that both parties share responsibility in the training program's final outcome.

1. I commit to making my health and fitness a priority in my life.

2. I will exercise a minimum of times per week.

3. I recognize the importance of maintaining open communication with my instructor and that feedback is critical to my personalized program.

4. I understand that I may ask to perform additional exercises on my own.

5. I understand that I may be asked to modify or change my eating habits and that nutrition plays an integral part in maintaining a healthy status and weight.

6. I understand that ultimately that I am responsible for obtaining my goals and that what I do outside of my personal training session can affect my overall health and fitness.

7. I know that I am worth the effort it will require to reach and maintain my health and fitness goal(s).

8. Client must arrive at each session with a positive mindset and prepared to focus on his/her program.

5. Attire
Proper attire is required for participants using the Studio. No loose shorts or briefs or shorts above mid-thigh may be worn without tights or leg coverings. Shirts, shoes, and clean, un-torn clothing are mandatory. No bathing suits without tights or leg coverings are allowed. Proper footwear must be worn as follows:

A. Aerobics
Court-type or aerobics shoes only, unless otherwise specified by the instructor.

B. Weight Training and General Exercise
No open toed shoes, thongs, sandals, street shoes, bare feet, or slipper-type shoes allowed.

C. All changing of attire must be done in shower room, unless shower is occupied.

6. Conduct
The Studio is committed to the health, safety, and welfare of each of its clients and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. The Studio has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any client engaging in unacceptable behavior.

7. Children
Clients must be 18 years of age or older. Minors are not allowed in the aerobics, exercise, locker, or weight training rooms. Minors under the age of must be supervised at all times.

8. Damages
Client shall pay for any damages to the Studio's property which results from the willful or negligent conduct of Client, Client's guest, or dependent children.

9. Lost Articles
Studio assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.

10. Guests
Guests may enter the Studio on payment of a fee determined by the Studio from time to time. Guests must sign the Guest register and show a form of photo identification. The number of visits by a guest to the Studio is at the sole discretion of the Studio and must be at least years old.

11. Waiver, Release and Assumption of Risk

A. The undersigned Client understands and agrees that he/she is voluntarily participating in physical activities which may expose Client to some level of risk or injury, and Client represents that he/she is aware of the nature of these activities and agrees to accept any and all risks associated with participation in these activities.

B. In consideration of the Studio allowing Client to participate in physical activity within the facilities of the Studio and use the Studio 's equipment, Client agrees to indemnify and hold the Studio harmless, as well as its directors, officers, independent contractors and employees, against loss (including reasonable attorneys fees) from any and all claims of negligence, demands, rights, or causes of actions of any kind or nature that may hereafter at any time be made or brought by Client or on Client's behalf for any known or unknown, foreseen and unforeseen bodily or personal injuries, damages to property and consequences thereof which may be sustained by Client as a direct or indirect result of participating in the aforementioned activities and use of the equipment of the Studio.

C. The provision of this Paragraph shall continue in full force and effect even after the termination of Client's membership in or relationship with the Studio.

12. This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

13. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

14. Member has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is (i.e., age of majority such as 18) years of age or older and mentally competent to enter into this Agreement.

WITNESS our signatures as of the day and date first above stated.