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TERMS AND CONDITIONS:

Always Fit 404 LLC. is a Georgia Limited Liability Company doing business as ‘Always Fit 404’ and / or ‘Always Fit 404’ and / or ‘Always Fit’ and /or ‘Always Fit Online’

Informed Consent/Assumption of Risk using Always Fit 404 Programming:

I am aware there are significant risks involved in all aspects of physical training. I understand the reaction of my heart, lungs, and vascular system due to exercise cannot always be predicted with accuracy. I understand that there is a risk of certain abnormal changes occurring during or following exercise which may include abnormalities of blood pressure, heart rate, chest, arm, or leg discomfort; transient light-headedness or fainting; and in rare instances heart attack, stroke, or death. Excessive work can result (in rare cases) in exertional rhabdomyolysis. I should look for signs of excessive soreness, darkened urine, or pain in the kidney areas following an intense workout. While this type of injury is rare, it can occur due to a number of factors, including (but not limited to) genetic predisposition or dehydration, that may be beyond the control of my instructor. I understand the programs and classes offered by Always Fit 404 are of a nature and kind that are extremely strenuous and can/may push me to my limits and abilities.

These risks include, but are not limited to: improper use or failure of equipment, falls, which could result in serious injury or death due to my negligence, my training partner, or other people around me. I am aware that any of these above-mentioned risks may result in serious injury or death to my partners or myself.

PAR Q & Informed Consent/Waiver

I willingly assume full responsibility for any and all risks that I am exposing myself and my clients to as a result of my participation in any activities, class, or physical fitness program, or implementing the Always Fit 404 programming. I hereby certify that I know of no medical problems that would increase my risk of illness or injury as a result of my participation in a fitness program designed by Always Fit 404. With my full understanding of the above information, I agree to assume any and all risks associated with my participation in Always Fit 404 programs and classes. By signing this document, I acknowledge that I have voluntarily chosen to participate in a program of progressive, physical exercise. By signing this document, I acknowledge the strenuous nature of the program and the potential for unusual but possible physiological results including but not limited to, abnormal blood pressure, rhabdomyolysis, fainting, heart attack, stroke, or death. By signing this document, I assume all risk for my health and well-being and hold Always Fit 404 as well as its owners, employees, independent contractors, and other authorized agents harmless therefrom. I understand that questions about exercise procedure and recommendations are encouraged and welcome.

Waiver & Release

I fully understand that my personal exercise program may be strenuous and I choose to participate voluntarily. I accept all responsibility for my health and any results, injury, or mishap that may affect my well-being or health in any way. I waive any claims, demands, cause of action, or any claims for relief whatsoever against Integrated Always Fit 404 (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims, and/or causes of action that I may have for injuries or other damages, arising out of participation Always Fit 404 activities, including, but not limited to the personal training, programs, class, and nutritional programs.

Indemnification

I recognize that there is a risk involved in the type of activities offered by Always Fit 404 and therefore I accept full financial responsibility for any injury that I may cause either to myself or to any other participant due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and cost to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Always Fit 404, their principals, agents, employees, and volunteers, from any liability for the injury or death of any people or damages to property that may result from my negligent or intentional act or omission while participating in activities offered by Always Fit 404.

Arbitration/Governing Law

This agreement shall be governed by and constructed on accordance with the laws of the state of Georgia without regard to the principles of the conflicts of law thereunder. Any dispute, claim, or controversy arising out of or relating to this agreement or to the breech, termination, enforcement, interpretation determined by arbitration in Lawrenceville, Georgia before one neutral arbitrator. The arbitration shall be administered by the American Arbitration Association under its commercial Arbitration rules and both Always Fit 404 and I consent to any such dispute being resolved. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction. The prevailing party in any proceeding, including but not limited to arbitrations hereunder, arising out of or relating to this Agreement shall be entitled to his/her or its reasonable attorney’s fees and costs.

Validity

I have fully READ and UNDERSTAND the foregoing assumption of risk and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damages property caused by my negligent or intentional act or omission. I understand by signing this document, I am WAIVING valuable legal rights.

I have carefully read this Agreement and fully understand its content. I am aware that is a release and waiver of liability and sign it knowingly, voluntarily, and do so of my free will.

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Photo, Image & Likeness

Member hereby grants Always Fit 404 the right at no cost to use Member’s photo, image, and likeness in any social media posting, including but not limited to Facebook, Instagram, Vine, as well as any blog, or website posting of Always Fit 404. Member shall further grant the right to Always Fit 404 at no cost to use Member’s photo, image, and likeness in any print advertising, brochures, flyers, promotional product or medium as long as such use is not for commercial gain or sale of such good or medium. (For example, t-shirt sales, fitness Always Fit 404 warrants and agrees that it will not use Member’s photo, image, or likeness for commercial gain but solely for advertising and promotional purposes. If Member wishes to revoke this right to any photo, image, or likeness that is being used, it must provide such notice in writing and allow Always Fit 404 thirty (30) business days to remove, delete, cancel, or otherwise stop the use of such Member photo, image, or likeness.

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EFT REQUEST & AUTHORIZATION

Client authorizes Always Fit 404 or its assigns to make periodic charges or withdrawals from the account used to pay the initial described above or the account listed below or replacement account designated by Client and accepted by Always Fit 404 for payment of any and all fees, late charges, costs, expenses, or any other money due to Always Fit 404 under the terms and conditions of this agreement. Client understands that the client is entitled to privacy and to receive notice of all varying charges, costs, withdrawals under the EFT, expenses, or any other money due to Always Fit 404 under the terms and conditions of this Agreement. Client waives the right to receive prior notice for charges or 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 Always Fit 404. Client may timely notify the financial institution in control of client’s account to terminate this 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 o to extent permitted by law. Always Fit 404 or its assign reserves the right to add the following fees to the client’s account balance should the following occur: resubmit unpaid EFT draft – ($10); unpaid EFT draft – ($15); unpaid credit/debit card – ($15). Payments received more than ten (10) days after the due date are assessed a late fee – ($15).

THIS AGREEMENT IS FINAL, THERE IS NO COOLING OFF PERIOD. WE REQUIRE 30 DAYS NOTICE TO CANCEL YOUR MEMBERSHIP. YOU WILL NOT RECEIVE A REFUND FOR ANY PAYMENTS ALREADY MADE.