Terms and Conditions 

COACH’S OBLIGATIONS

 

  • As a Client’s Coach, I will use my skills and knowledge to design a safe program that will take into account my Client’s lifestyle, personal goals, fitness levels and medical history.

  • I will provide the coaching, supervision, advice and support that a Client will need to achieve their goals.

  • A Client understands that the results of any health and fitness program cannot be guaranteed.

  • A Client’s progress depends on their effort and co-operation in and outside of the sessions.

  • In particular a Client will acknowledge that individual results may vary and no particular result is guaranteed by their Coach.

  • All Client information will be kept strictly private and confidential. Please read my Privacy Policy.

 

 

CLIENT’S OBLIGATIONS

 

  • It is understood between the Client and the Coach that we both must commit to the Client’s training program 100% in order for the Client to achieve results.

  • A Client is required to arrive on time for each session so that complete coaching is achieved on each visit.

  • A Client is required to wear appropriate clothing and footwear (barefoot/sock feet is acceptable if preferred).

  • A Client is required to complete a waiver and medical questionnaire before undertaking their first session. I may require a letter of ‘medical clearance’ from the Client’s doctor depending on the results of the medical questionnaire. Please be aware that some doctors charge for providing this letter.

  • A Client understands and agrees that it is their responsibility to inform the Coach of any conditions or changes to their health, now and ongoing, which might affect their ability to exercise safely and with minimal risk of injury.

  • If the Coach requires further medical information from a practitioner, the Client must provide such details.

  • A Client understands that there are inherent risks in participating in a program of strenuous exercise.

  • If a Client sustains or claims to sustain any injury while participating in fitness sessions, the Client acknowledges that the Coach is not responsible.

  • The Client is responsible for keeping all their contact information and preferences up-to-date with the Coach.

  • The Client is responsible for downloading The balanced Body App to purchase membership, Invoicing/payments, scheduling/cancelations, updates, and general communication.

 

 

CANCELLATIONS | REFUNDS | EXPIRY DATES

 

  • Memberships are 100% non-refundable.  No exceptions! 

  • All Memberships month to month base.  

  • Sessions that were not utilized before the Month is over will be lost. 

  • All Memberships have a minimum number of sessions to use each month. This is to keep the Client accountable and working with the Coach on a regular basis for the best results. In the case of shift-work, each case will be individually assessed in order to organize the most effective training/coaching sessions that will benefit the Client and adhere to the training/coaching package requirements.

  • Clients should arrive no more than 5-10 minutes before the start of their session to ensure they get the full 60 minute session. The clock starts and ends on time. If a Client is late the session cannot be extended and will end at the appointed time. If the Coach is late additional time will be added to the session or to subsequent sessions.

  • 24 hours notice is required to book a session with the Coach. The Coach needs time to organize and prepare for upcoming appointments.

  • 24 HOURS NOTICE IS REQUIRED TO CANCEL A SESSION! If a session has to be cancelled, the Client will need to make up for that session before the package expires. If the session is not rescheduled before the package expiry date, the session will be lost.

  • All Clients can receive notifications of upcoming appointments on the app, must be set up by client. Therefore, Clients who cancel an appointment within 24 hours of their session will lose their session. No exceptions! When a Client cancels within 24 hours, the Coach loses the opportunity to book another Client in that same spot = loss of income.

  • If the Coach goes on vacation, gets sick, or has to temporarily stop coaching services for a period of time, all in-person training Clients will receive a time extension on their package equal to the number of days the Coach is unavailable. For group fitness, the program will be extended at no extra charge to registered participants.

 

 

NON-TRANSFERABLE

 

A Client cannot transfer their unused portion of their training/coaching packages to another individual. However, if they did NOT start their coaching, I may accept a transfer. In the case of this situation, the Client should contact me ASAP as transfers will only be accepted upon my approval.

WAIVER AND RELEASE OF LIABILITY IN CONSIDERATION OF the risk of injury that exists while participating in WORKOUT (hereinafter the "Activity"); and

 

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

 

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

 

I HEREBY release and forever discharge TANIA FERNANDEZ , (The Balanced Body) located at 10475 SW 200th St, Cutler Bay, Florida 33157, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

 

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, ORFROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

 

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.

 

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Tania Fernandez (The Balanced Body) to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

 

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Tania Fernandez (The Balanced Body) official or agent, regarding my approval to participate in the Activity.

 

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Tania Fernandez (The Balanced Body) AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Tania Fernandez (The Balanced Body) FOR PERSONAL INJURY OR PROPERTY DAMAGE.

 

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Tania Fernandez, (The Balanced Body) its agents, and employees.

 

I agree that this Release shall be governed for all purposes by Florida law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

 

In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

 

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

 

THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, and Tania Fernandez (The Balanced Body) agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

 

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

 

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

 

PHOTO CONSENT FORM

I (hereinafter referred to as the Releasor) give consent and grant permission to Tania Fernandez (The balanced Body) (hereinafter referred to as the Releasee) for the use of photography or electronic media images mentioned below for presentation under any legal use:

 

PHOTO DESCRIPTION

 

Revocation

I acknowledge that I may never revoke my authorization below the photograph (s).

 

I acknowledge that I may revoke this authorization at any given time by notifying Tania Fernandez in writing. This written revocation will not affect the actions taken prior to this notification. The images will be stored in a secure location and access shall only be given to authorized staff. They will be kept according to their relevance and shall be destroyed or archived after that time.

BBFit Terms and Conditions + Waiver

I aknowledge that I have read and accept the terms and conditions
I aknowledge that i have read and accept the waiver.
I aknowledge that i have read and accept the Photo Consent Form.

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