Elite PSG Program (Prix St. Georges)

PERSONAL TRAINING AGREEMENT

This Personal Training Agreement, (hereinafter, the Agreement) is made and entered into on                                , by and between Fitness Amendments at 3882 Llano Road, Santa Rosa, California 95407 and                                                       , (hereinafter, the Client). Trainer and the Client are sometimes collectively referred to in this Agreement as the Parties.

The parties hereby agree to the following terms and conditions:

1. GENERAL TERMS

Client acknowledges that s/he agrees to the services of a personal trainer provided by Fitness Amendments. The trainer will design a tailored exercise program for the Client that reflects the client’s objectives, fitness level, and experience. A different trainer may be assigned to the Client at any time at the sole discretion of Fitness Amendments.

2. ATTACHMENT

Client has read and executed the Full Disclosure of Physical Conditions/Informed Consent and Assumption of Risk and Release of Liability form, which is attached hereto and incorporated into this agreement as if fully set forth herein.

3. TRAINING PACKAGES AND PAYMENTS

Training Packages include personalized exercises chosen from your initial assessment. These are progressively curated to your imbalances, including but not limited to posture, seat, and gate.

The Service Provider offers five distinct training programs, each of which includes a limited number of one-on-one training sessions, each lasting sixty (60) minutes (”Training Session”). By enrolling in any of these programs, the Client agrees to a recurring monthly billing cycle, with fees automatically charged each month for the selected program.

The Client may cancel their enrollment at any time; however, all cancellations must be submitted in writing at least thirty (30) days before the intended cancellation date. Failure to provide such notice will result in continued charges for the subsequent billing cycle.

Any Training Session not used within 180 days of the Effective Date for any Training Package shall be forfeited. The Client shall not be entitled to a refund of the cost for any Training Session not used within 180 days.

The amounts payable per Training Session may be adjusted at the trainer’s sole discretion at anytime. The Client waives notice of any such adjustments to the amounts payable per Training Session.

The Client will be charged for a canceled appointment unless they notify Fitness Amendments of such cancellation at least 4 hours before the scheduled time. If the Client is more than 15 minutes late for an appointment, the lost time will be forfeited, and the Client will be charged for that Training Session as if they had been present.

Should the Client purchase additional Training Sessions both the Client and the Trainer agree that this Agreement shall remain in full force and effect, and continue to govern the rights and liabilities of the Parties, except as to the amount payable per such additional Training Session, if different from the amount stated above, or unless the Parties execute a new Agreement.

4. WAIVER AND INDEMNITY

The Client agrees to indemnify the staff and/or the fitness trainer for any injuries, illnesses, or expenses from the Client’s participation, especially if the Client has neglected to disclose a known medical condition or similar information that might affect the Client’s ability to participate in the Fitness Program.

5. TERMINATION OF AGREEMENT

The Parties shall have the right to terminate this Agreement with thirty (30) days advance written notice of termination to the other party.

6. EFFECT OF TERMINATION

In the event the Client terminates this Agreement, the Trainer shall retain all payments made for all unused Training Sessions or packages. In the event the Trainer terminates this Agreement, the Trainer shall refund to the Client all payments made for unused portions of Training Sessions or packages.

7. ENTIRE AGREEMENT

This Agreement (including the Full Disclosure of Physical Conditions/Informed Consent and Assumption of the Risk and Release of Liability) constitutes the entire agreement of the Parties. It supersedes any and all previous understanding, agreements, arrangements, or discussions, written or oral, between the Parties relating hereto. There are no collateral agreements, representations, or guarantees, oral or otherwise, unless attached hereto and signed by both Parties.

8. WARRANTIES

There are no warranties, either express or implied, in this Agreement that are not expressly contained in this Agreement.

9. APPLICABLE LAW

The laws of the State of California shall govern this Agreement.

10. SIGNATORIES

This Agreement shall be signed on behalf of Fitness Amendments by Abigail Schmid, its CEO, and by the Client,                          . This Agreement is effective as of the date first written above.

Abigail Schmid, CEO

Date

Fitness Amendments CLIENT:

Name

Date

Full Disclosure of Physical Conditions / Informed Consent and Assumption of Risk and Release of Liability

This Full Disclosure of Physical Conditions/Informed Consent and Assumption of Risk, and Release of Liability is executed on                         , and is a material part of, and is incorporated by reference into the Personal Training Agreement executed by the Client.

The Client certifies that he or she is physically sound and suffering from no condition, impairment, disease, infirmity, or illness that would prevent the Client’s participation in the Client’s Activities under this Agreement, except as hereinafter stated.

The Client certifies that he or she has been informed of the need for a physician’s approval for participation in the Activities under this Agreement.

The Client certifies that Abigail Schmid has recommended that the Client have a yearly or more frequent physical examination and consultation with the Clients physician as to physical activity, exercise, and use of exercise and training equipment so that the Client may know that he has either (a) been given permission by the Clients physician to participate, or (b) that the Client has decided to participate in the Activities under this Agreement without the approval of his physician.

The Client expressly assumes all responsibility for the Clients participation in the Activities under this Agreement.

THE CLIENT CERTIFIES THAT THE CLIENT HAS GIVEN FULL AND COMPLETE DISCLOSURE OF ALL PHYSICAL CONDITIONS, IMPAIRMENTS, DISEASES, INFIRMITIES OR ILLNESSES THAT MIGHT AFFECT OR PREVENT THE CLIENTS PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT. THE CLIENT REPRESENTS THAT HE HAS NO CONGENITAL, PHYSICAL, OR MENTAL HEALTH PROBLEMS, NO UNDERLYING CARDIOVASCULAR, NEUROLOGICAL, OR ANY ILLNESS, OR CONDITION WHICH MIGHT AFFECT OR PREVENT THE CLIENTS PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT.

Informed Consent and Assumption of the Risk

The Client enters into this Agreement with full knowledge of all the risks and benefits associated with the Activities under this Agreement. The Client certifies that the client is of a legal age to enter into a Agreement, and is not mentally incapacitated. The Client certifies that he enters into this Agreement without duress, undue influence, and for valuable consideration.

The Client certifies he or she understands the risks associated with participation in the Activities under this Agreement including, but not limited to physical injury resulting from the acts, omissions, and/or negligence of others.

The Client certifies that the Client knows and fully understands the importance and relevance of all the risks, and expressly and voluntarily assumes any and all risks associated with the Clients participation in the Activities under this Agreement, including but not limited to the activities of training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercises.

Further, the Client expressly and voluntarily assumes any and all risk associated with the Clients participation in the Activities under this Agreement, including but not limited to the risks of dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm), and/or any other physical injury, due to any cause whatsoever.

Release of Liability

Client certifies that the Client voluntarily agrees to participate in the Activities under this Agreement, including but not limited to the activities of training exercises, aerobics, aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercise.

The Client further agrees to follow all rules set forth by Fitness Amendments and its Trainers. In consideration of the privilege of participating in the Activities under this Agreement, and the training services provided by Fitness Amendments and its Trainers, the Client for himself, his heirs, assigns, administrators, executors, and/or all members of his family, including minors, waives, releases, holds harmless and forever discharges Fitness Amendments its successors in interest, assigns, servants, agents, employees, independent contractors, associates, officers, directors, officials and any other participants in the Activities under this Agreement, from any and all responsibility, liability, claims and demands of any kind and nature, damages, actions, causes of action of any kind, whether now known or unknown, or which the Client may have now, or which may hereafter accrue to the Client (collectively, the Claims), including but not limited to Claims based upon or related to dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm); and/or ant other physical injury, due to any cause whatsoever, including the act or omission, negligence or any other fault of Fitness Amendments, its successors in interest, assigns, servants, agents, employees, independent contractors, associates, officers, directors, officials and any other participants in the Activities under this Agreement.