Terms and Conditions

Office Address

155 Rosebay Dr. #21

Encinitas, CA 92024

619-756-5340

cwigness@gmail.com

Client Agreement:  The undersigned (“Client”) hereby purchases services from Fitness Authority in accordance with all the terms, conditions and obligations set forth herein.  Client has read and accepted the terms of this agreement and contract.

Disclaimer:  Fitness Authority shall not be liable for any claims, demands, injuries, damages, actions, or causes of action whatsoever, to person or property arising out of or connected with the use of any of the services or arising out of acts or active or passive negligence on the part of Fitness Authority, its consultants or agents.  All clients are encouraged to have a physical examination by their doctor (including an exercise stress test) to determine present health before strenuous new activity is commenced. 

Policies, Terms and Payment

All Payments are due prior to the start of any appointments.

Fitness Authority has a 24-hour cancellation policy in which; if the appointment is not cancelled or rescheduled, client(s) will be charged the full rate of the appointment.

 Contracts will be reviewed periodically. Two (2) weeks written notice will be given before making adjustments in the contract.  If any portion of this contract is found to be improper, illegal, or unenforceable, only that portion will be affected, and the remaining portions of the contract shall remain in effect.

Fitness Authority observes all federal holidays:  New Year’s Day, Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving, Friday after Thanksgiving, Christmas Eve, and Christmas Day.

Allow 1-2 business days to receive any programming, test results, etc.

Monthly Contracts are set up on a standing appointment basis only.  Client(s) will have set day(s) and time(s) for scheduled appointments.  If an appointment is missed, it can only be rescheduled during normal hours of operation subject to available time. Rescheduled appointments are limited to the number of appointments that client is contractually signed up for.  Missed appointments cannot be “banked”; rescheduled appointments must occur in the calendar month in which they were missed.

Cottonwood Creek Park, Encinitas scheduled appointments are limited to the reserved times and dates.  A deposit of $250.00 is required to schedule training appointments.  This deposit will be applied toward scheduled training sessions.  This deposit is nonrefundable.

COVID-19:  In the event in which the Client or Trainer has cancelled an appointment due to COVID-19, the prepaid and scheduled appointments will be extended and resume once the individual has been cleared to return.

All fees are subject to change at Fitness Authority’s discretion except, monthly membership fees are not subject to increase until the expiration of the current prepaid term.

Late Fees:  All charges are assessed from the due date with a minimum finance charge of $35.00 Fitness Authority allows a 5-day grace period.

 Contract Cancellation

Cancellation of Monthly Contract or Change in Recurring billing Information:  Recurring Payment Authorization will remain in full effect until Fitness Authority receives in writing a notice of Cancellation or Change in recurring billing information at least Fifteen (15) DAYS PRIOR TO THE NEXT EFT PAYMENT DATE.  This notification must be in writing and mailed by U.S. certified mail to Fitness Authority, 155 Rosebay Dr. #21; Encinitas, CA 92024 or emailed to cwigness@gmail.com  with confirmation of receipt returned provided by Fitness Authority (Faxes and phone calls are not an acceptable means of notification). The client may continue with services during the Paid Period and the membership ends at the conclusion of the Paid Period.  

Late cancellation of recurring payment:  No refund of monthly dues will be paid in the event that a client cancels after the deadline (15 days prior to the billing date).  It is the client’s responsibility to observe proper cancellation procedures.  Termination of membership will be effective at the conclusion of the Paid Period.  The client may continue to use the services during the Paid Period.  Should a billing error occur Fitness Authority would provide a refund with an authoritative written proof of cancellation, i.e., certified mail receipt and copy of cancellation.  It is the client’s responsibility to retain their records until the cancellation has been confirmed by their bank statement.

Conditions of Services Discontinued:  Management may discontinue any client.  Cause for services discontinued may consist of any conduct, which in the opinion of the management is prejudicial to the welfare, good order of Fitness Authority and consultants.

 Collection of Fees:  Client will be liable for any collection fees, return check fees, reasonable attorney’s fees, court costs and all other expenses incurred by Fitness Authority in collecting an overdue account.

Annual increases are to be anticipated by contract holder and assessed at the discretion of Fitness Authority.  Notice of rate change will be provided prior to implementation.

Fitness Authority has the right to add to any membership dues, any tax imposed by the government.

Settlement of Disputes:  In the event of any dispute concerning the Agreement or the rules and regulations incorporated herein, the client agrees to formally submit a registered or certified letter or complaint and/or demand directly to the main office.  The address is Fitness Authority; 155 Rosebay Dr. #21, Encinitas, CA 92024.  The management must have the opportunity to hear the complaint before any further legal action is taken.  Fitness Authority will be allowed 30 days to respond to the complaint.  The parties hereto agree to submit such dispute to the arbitration in accordance with the rules of the American Arbitration Association and the parties hereto agree to be bound by the decision of such arbitration, and the prevailing parties shall be entitled to all fees and costs incurred in such proceeding, including but not limited to attorney’s fees of the arbitrators.  Management retains the right to waive arbitration and sue in any court with jurisdiction for purpose of collecting client’s fees.

ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

DECLARATIONS: This Agreement is entered into between personal trainer Fitness Authority (“Trainer”), The City of Encinitas and the undersigned (“Client”).  The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement. 

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/ or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.

INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you. ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.