Waiver

Agreement/Contract/ Liability Waiver

 Welcome!

 Congratulations on beginning your training program! We are delighted you chose us as a part of your commitment to health and fitness. With the help of our personal trainers, you will improve your ability to accomplish your training goals faster, safer, and with maximum benefits. The details of these training sessions can be used for a lifetime.

In order to maximize progress, it is important to follow program guidelines during supervised and (if applicable) unsupervised training days. Remember, exercise and healthy eating are EQUALLY important!

The following information will provide you with important program policies. Before getting started, please read and sign this form to acknowledge that you have read and understand the following information.

Personal Training Information and Policies

1.           Commitment: By purchasing a membership, the Client is making a commitment to his/her health. Clients should follow the program and instructions of Trainer to the best of their ability to maximize their results and better achieve their goals. Remember, the ultimate results are up to the Client: The Trainer will show Client how to work his/her muscles correctly and encourage him/her to go to his/her safe limit, but Client is the only one who can make sure he/she works out consistently, eats properly, gets plenty of sleep, and lives a healthy lifestyle. Fitness Assessment and Orientation is provided at no charge, as long as one session from the program offerings is used. If no session takes place, you will be charged a customary $50 fee for the assessment. Online only members take full responsibility of their fitness program and will not hold Premier Fitness or Any Trainer or Staff member associated with Premier Fitness responsible for any injuries obtained in relation to in aggravated by the workout and/or nutrient timing plan provided.

2.           Specifics: The Client shall sign up for Training no less than 1 hours prior to a Group Session Starting and must cancel no more than 1 hours prior to training Session.

Most Training will be conducted at Premier Fitness with some outdoor sessions that will be optional and based on weather.

Cardio and Gym only Memberships do not allow sessions to be used for Group Training Sessions.

Group Training Memberships allow Client to participate in unlimited Cardio classes.

 3.           Length of Sessions: Sessions will last approximately fifty-five (55) minutes, except for Trainings that may take place off location ie trail hikes. The Trainer may opt to vary the length of sessions at his/her discretion if needed.

4.           Punctuality: Client shall be attired as discussed below and ready to train at the time specified in paragraph 2. Failure to be prepared to train may result in a shortened workout or possible cancellation of the Session under paragraph eight (8) below if Client is more than fifteen (15) minutes late. If Client anticipates running late, he/she should contact Trainer as soon as possible. The Trainer is entitled to canceling the class if no clients are signed up 1 hour prior to class starting. If client fails to cancel/ does not show up for a training session, this will count toward the Clients number of sessions for the month, after 5 no show/ no cancelation Premier Fitness may charge the client $20 per no show session from that point on. (Slots are limited in group training and if the client signs up for training they should be prepared to use their time slot or open it up to allow for others to use it.)

5.         Attire: Client must wear comfortable workout attire, including, but not limited to, clean t-shirts, shorts, tights, sweats, and/or tracksuits. Athletic shoes must be supportive and functional. Workout gloves are optional. Please do not hesitate to ask Trainer for advice on what type of clothing and shoes is appropriate.

6.           Stopping Exercises: Client may refuse or stop any exercise for any reason. It is Client's responsibility to notify Trainer of any discomfort or pain arising from or during exercise, as well as, any and all other known limitations Client has or experiences so that Trainer may accommodate Client and substitute another exercise to work that particular muscle group.

7.           Payment: Payment may be made in advance of Sessions in one lump sum or may be financed through equal monthly automatic payments over the course of the membership. Should Client opt for monthly payments, he/she will automatically billed on the same day every month during the clients membership. In other words, if Client signs the contract on April 19, he/she will pay the first month's installment upon signing on April 19, and will be billed May 19. Payment must be completed for all Sessions before any new or renewal contract may be signed. It is the CLIENT'S RESPONSIBILITY to pay his/her bill, even in the event he/she does not attend the group sessions or use the membership benefits offered to them. If Client's payment is declined and is more than two weeks overdue, Premier Fitness may suspend membership until the Client's outstanding invoice is current.

8. Cancellation of Training: One (1) hour cancellation notice through the scheduling software is required for rescheduling or cancelling any and all Group Sessions. In the event of and emergency the client can notify the trainer Via Text or phone call to let them know of the need to cancel their session. Any and all cancellations with less than 1 (1) hour notice will result in forfeiture of the Session without refund. If Trainer must cancel a Session he/she will do so, prior to the start of the session. The Client will not forfeit their pass for training sessions in the event this occurs. If there is no client scheduled within 1 hour of the start of a group training then the Trainer has the right to cancel the session at that time. Trainers will also Cancel Training Sessions during Select Holidays. When Training Sessions are canceled due to Holiday or Closure Workouts will be posted for members to complete on their own if they choose to continue to work out on their own.

9. Cancellation and Refund of All Sessions: Client may cancel this contract within four (4) business days after the day this contract was signed for a full refund of any and all monies paid under this contract. Should the Client cancel their membership for any circumstance other than the listed below, Premier Fitness will charge the client $50 plus a termination fee of 10% of the cost of the membership for the remaining months of the contract. Ie a part time 1yr membership for $99 Is canceled with 6 months remaining on the contract. The Client will be charge $50 + 0.1(99x6)=$109.40.

10. Relocation: Should the Client relocate his/her residence farther than twenty-five (25) miles outside of Helena, MT,   the Client may cancel this contract and shall be liable for only that portion of the charges allocable to the time before reasonable evidence of such location is presented to the Owners, plus a contract termination fee of 10% of the unused balance or $50, whichever is less.

11. Death or Disability: Should Client become unable to use or receive services under this contract due to death or disability, Client, or Client's estate as the case may be, shall be liable only for that portion of the charges allocable to the time prior to death or the onset of disability. Owners require reasonable evidence of death, e.g. death certificate, or disability, e.g. doctor's note, to be presented at the time of cancellation. Reasonable evidence includes, but is not limited to, a doctor's letter about the onset of disability or death certificate.

12. Cancellations in Writing: Notice of cancellation must be made in writing and delivered to Premier Fitness at 1015 Poplar St, Helena, MT 59601, for any and all cancellations of  membership subject to the requirements of paragraphs nine (9) to eleven (11) above. All refunds will be made to the customer or his estate within thirty (30) days of receipt of the cancellation notice.

13. Option to Renew: Client shall have the option to renew this contract upon the expiration of the membership. The Client has the option to upgrade membership at anytime during their active membership. Upon contract renewal/ upgrade, Premier Fitness will waive the initial registration fee to which all new contracts are subject. By renewing/upgrading a contract, the Client acknowledges and agrees that Trainer acted professionally in all prior sessions.

14. Confidentiality agreement: The Client understands that the information   collected   by Premier Fitness will be used for fitness evaluation purposes and for the design, implementation, progression, and maintenance of an individualized fitness program only. I further understand that all such information is confidential and will not be shared with anyone without my prior written authorization, except in the case of a medical emergency or to the minimum extent necessary to achieve a safe and effective fitness program.

15.  Health History: The Client may be required to have a Medical Clearance and Physicians Consent form signed prior to starting any training.  If you Answer yes to any of the following questions you will be required to have a Medical Clearance and Physicians consent form Signed.

a.     Has your doctor ever said that you have a heart condition and that you should only do physical activity recommended by a doctor?

b.     Do you feel pain in your chest when you do physical activity?

c.     In the past month, have you had chest pain when you are not doing physical activity?

d.     Do you lose your balance because of dizziness or do you ever lose consciousness?

e.     Do you have a bone or joint problem (for example, back, neck, knee,  or hip) that could be made worse by a change in your physical activity?

f.      Is your doctor currently prescribing drugs (for example, water pills) for your blood pressure or heart condition?

g.     Do you know any oth er reas on why you should not do physical activity?

h.     Have you used or do you use drugs or do you smoke?

i.       Do you have an abnormal resting EKG?

j.       Are you Diabetic?

k.     Do you have Hyperlipidemia (cholesterol >220mg/dl or total Cholesterol-to-HDL ration of >5.0?

16.  Liability: Client Assumes all risk of participating in an exercise program and agrees that neither Premier Fitness nor any of the Trainers will be liable for any injury, illness, or similar difficulty that the client may suffer arising out of or connected with the Clients participation in exercise or a training program at Premier Fitness, Helena Montana or offsite training location in Helena, Montana.

17. Open Access Gym Use: Members that utilize the gym during non-group training hours while no staff is on site will assume all responsibility of risk. Members will not hold Premier Fitness, Owners, Trainers, Staff, or Business Liable for any injury occurred during or aggravated by the workout that they conduct at this facility.

18. Use of security Cameras: Premier Fitness maintain the right to set up and maintain security cameras in Fitness, Cardio, Cardio and Pro Shop Areas.

19.Sanitation: All clients are responsible for cleaning up after themselves. Sanitary spray and paper towels are provided by the business in order to keep equipment clean and Customers safe.