JSFitForLife, LLC Personal Training Client Agreement 

JSFITFORLIFE, LLC is registered with the State of Florida as a Health Studio. Registration No is: HS16357

1.   AGREEMENT - This agreement (“Agreement”) is between JSFITFORLIFE, LLC, having its main fitness facility at 4007 SW Port St Lucie Blvd, Bldg A, Unit 8, Port St Lucie, Fl, 34953, and the undersigned Client (“Client”). This Agreement is effective as of the execution date on page 4. 

2.   Session Options– Client selects the following option: 

                o Single Session Option   o Multi-Session Bundle 

1.     Single Session: Client shall pay $70 for 1 hour session, and $40 for 30 min session Stripe, Inc. (All single sessions mush be used within 30 days of purchase).

2.     Multi-Session Bundle: Client shall pay the promotional amount (bundle is the chosen number of sessions to be used in 30 days) via Stripe, Inc. 

a.     The initial contract will not exceed 36 months and thereafter shall only be renewable annually. Renewal contracts may not be executed and the fee therefore paid until 60 days or less before the preceding contract expires.

b.     If the initial contract is for 30 days or less, renewal contracts may not be executed, and the fee therefore paid until the preceding contract expires.

Payments: Client hereby authorizes Stripe, Inc, selected by JSFITFORLIFE, LLC to draw items (checks, electronic fund transfers, charge card, and/or credit card) for the purpose of paying the session fees, including any late fees or service fees, as well as other purchases. 

3.   THREE-DAY RIGHT OF RESCISSION - New Clients have three days after signing this Agreement to cancel their sessions without penalty. If the Agreement is canceled within three days, JSFITFORLIFE, LLC will return to the member within thirty days all amounts paid less the cost of sessions used during those three days. To cancel, new clients must inform JSFITFORLIFE, LLC in writing of their intent to cancel. Written intent to cancel can be e-mailed to: info@jsfitforlife.com. Client shall include “3 day Cancellation” in the subject line.

4.   SUSPENSION/TERMINATION OF SESSIONS JSFITFORLIFE, LLC has the right to suspend and/or terminate any client sessions for non-payment of dues, fees, or for behavior inimical to the enjoyment of the JSFITFORLIFE, LLC facilities by other clients  and staff for any reason deemed sufficient in the sole discretion of JSFITFORLIFE, LLC. If JSFITFORLIFE, LLC becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, JSFITFORLIFE, LLC will extend the Client’s sessions for the period the facilities were unavailable.

5.   ADDITIONAL CANCELATION/TERMINATION TERMS

a.     Clients are entitled to the cancellation and refund of the contract if JSFITFORLIFE goes out of business, or moves its facilities more than five (5) driving miles and fails to provide, within 30 days, a facility of equal quality located within five (5) driving miles at no additional cost to the client.

b.     A client’s notice of his/her intent to cancel shall be given in writing to JSFITFORLIFE. And that such a notice of cancellation shall also terminate automatically the client’s obligation to any entity to whom JSFITFORLIFE has subrogated or assigned the client’s contract. If JSFITFORLIFE wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice.

c.      If a refund is due to Client, the refund shall be computed by refunding any unused sessions. The business location of JSFITFORLIFE, LLC shall not be deemed out of business when temporarily closed for repair and renovation of the premises:

i. Upon sale, for not more than 14 consecutive days; or

ii. During JSFITFORLIFE’S current ownership, for not more than 7 consecutive days and not more than 2 periods of 7 consecutive days in one calendar year.

iii. A refund shall be issued within 30 days after receipt of the notice of cancellation.

d.     Clients are advised to contact the Florida Department of Agriculture and Consumer Services for information within 60 days should the health studio go out of business.

e.     If Client dies or becomes physically unable to avail herself of a substantial portion of the services used from the commencement of this Agreement until the time of disability or death, JSFITFORLIFE, LLC shall refund the funds paid or accepted in payment of this Agreement (in an amount computed by refunding any unused sessions purchased within the last 30 days). A physical disability sufficient to warrant cancellation of this contract by the Client shall be established if the Client furnishes a certification of such disability by a licensed physician, provided the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days after the receipt of the notice of cancellation.

6.   FREEZE POLICY – Client may freeze time on the purchased sessions for a medical reason. Freezes can be from 30 to 90 days at a time. JSFITFORLIFE, LLC may ask for documentation to verify Client’s situation. Once you resume any usage of sessions with JSFITFORLIFE, LLC, the freeze will terminate.  

7.   HOURS OF OPERATION - The hours of operation will be set by JSFITFORLIFE, LLC, and may be changed at JSFITFORLIFE, LLC’S sole discretion. In addition, JSFITFORLIFE, LLC, reserves the right to make or change the rules and regulations for the operation and use of the facility. JSFITFORLIFE, LLC, also reserves the right to add, eliminate, substitute or alter any training program, class, trainer, employee, equipment, furniture or fixture when deemed necessary. No refunds will be given based on the termination or resignation of an employee, independent contractor, or any other action pursuant to this paragraph. 

8.   ENTRY REQUIREMENTS - If JSFITFORLIFE requires client to furnish identification upon entry to the facility and as a condition of using the services of JSFITFORLIFE, JSFITFORLIFE will provide the client with the means of such identification.

9.   LOST ARTICLES – JSFITFORLIFE, LLC, assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away. 

10.        DAMAGES – Clients shall pay for any damages to JSFITFORLIFE, LLC, property which results from the willful or negligent conduct of Client, Client’s guest, or dependent children. 

11.        WAIVER - Any failure by JSFITFORLIFE, LLC, to enforce any provision of this Agreement shall not be construed as a waiver of any provision or the right to enforce same. 

12.        GOVERNING LAW – This Agreement shall be governed by the laws of the State of Florida without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of this Agreement, or arising out of any other dispute or claim associated with JSFITFORLIFE, LLC, Client irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Florida (the “Florida Courts”) for any litigation or dispute arising out of or relating to this Agreement; (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Florida Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Florida Courts represent the exclusive jurisdiction for all disputes relating to this Agreement. 

13.        SEVERABILITY - If any portion of this agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect. 

14.        AMENDMENT - This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto. 

15.        CONTACT METHODS – Client authorizes JSFITFORLIFE, LLC, and their authorized designees to contact Client by email, telephone, or by other means. Subject to applicable law, Client agrees that any of these parties may contact Client at any mailing address, phone number or e-mail address set forth in this Agreement, or any other address subsequently provided to, or obtained by, any such party. By signing this agreement, Client hereby consents to receive autodialed and/or pre-recorded telemarketing calls and/or text messages from or on behalf of JSFITFORLIFE, LLC, and their authorized designees, and Client understands that such consent is not a condition of purchase. 

16.        ENTIRE AGREEMENT - This Agreement and the Rules and Regulations attached as Exhibit “A” hereto and made a part hereof, and the JSFITFORLIFE, LLC Participant Agreement, Release of Liability, Waiver and Assumption or Risk form constitute the entire and exclusive Agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein, are hereby waived. 

WITNESS our signatures as of the day and date below. 

Client (or Parent/Guardian if client is a minor):  On behalf of JSFITFORLIFE, LLC: 

Print Name:                                                                            Print Name:

       Date:       /          /                                                                       Date:       /           /

EXHIBIT A

1.              Client, by executing the Client Agreement (the “Agreement”), does hereby join JSFITFORLIFE, LLC and such membership entitles the Client to use the facilities. The Client may also be charged for purchases through the use of their account number. 

2.              Client agrees to abide by all regulations of JSFITFORLIFE, LLC. Client agrees to comply with stated and customary rules for participation and use of equipment. Unless canceled as provided in the Agreement, Client will be responsible for all payments due and owing under the Agreement, even if Client does not use JSFITFORLIFE, LLC’S facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If JSFITFORLIFE, LLC becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, JSFITFORLIFE, LLC will extend the Client’s prepaid sessions for the period the facilities were unavailable. 

3.              If Client violates the Agreement and the terms contained therein or any of the rules and regulations for use of the facility, JSFITFORLIFE, LLC may suspend the Client’s right to use the facility until such time as the Client provides JSFITFORLIFE, LLC with reasonable assurance of future compliance. During the period of any such suspension, the Client shall not be entitled to a credit for any prepayment paid pursuant to this Client Agreement. In the event Client continues to violate the terms of the Agreement or the rules and regulations governing the facility, the Client’s sessions may be terminated by JSFITFORLIFE, LLC. 

4.              Client agrees that they shall abide by JSFITFORLIFE, LLCdress code at all times while in the facility. Do not wear blue jeans or any pants/ shorts that have blue jean type seams or rivets. Flip-flops or bare feet are not allowed. 

5.              Client agrees that Client shall not use loud or profane language upon JSFITFORLIFE LLC, premises nor shall Client molest, badger, assault or harass other JSFITFORLIFE, LLC Clients, guests or employees. If Client engages in such behavior, Client’s sessions shall be subject to immediate cancellation. 

6.              Client understands that Flow prohibits the use of any drugs or steroids and Client agrees not to use any drugs or steroids on JSFITFORLIFE, LLC premises. Client acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. Client recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon JSFITFORLIFE, LLC premises. 

7.              Client understands Client may be photographed at JSFITFORLIFE, LLC. By execution of the Agreement, Client agrees to allow Client’s photo, video or film likeness to be used for any legitimate purpose by JSFITFORLIFE, LLC, and their respective producers, sponsors, organizers and/or assigns, in their discretion. Client acknowledges that by signing the Agreement, Client gives up all claims of ownership, income, editorial content, and use of such media, and assigns all copyright ownership to JSFITFORLIFE, LLC. 

8.              Client agrees that if Client fails to use paid sessions that shall not release the Client from the obligation to make all payments required by the terms of this Client Agreement. 

9.              JSFITFORLIFE, LLC retains the right to modify these policies without warning. Reasonable rules and regulations may be posted at JSFITFORLIFE, LLC from time to time and all Clients shall be subject to strict compliance therewith. The most current copy of the Rules and Regulations can be found at JSFITFORLIFE, LLC. 

10.           Personal training services provided in this facility may be provided either by employees of JSFITFORLIFE, LLCor by independent contractors operating their own business who are retained by JSFITFORLIFE, LLC.  

11.           It is Client’s responsibility to wipe down all equipment after each use and re-rack the weights used. 

12.           Client is required to use the safety features of the equipment. If Client is unsure of how to use a machine, Client acknowledges and agrees to obtain instructions from the staff or personal trainers. 

13.           Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the Client’s sessions. 

14.           Age Requirements – Persons under the age of 18 are not permitted in the fitness area, unless otherwise agreed upon. 

15.           Client understands that video recording is being used for security purposes on these premises. By entering these premises, client consents to being recorded on video. The video recordings may be used for security purposes, including but not limited to, monitoring the premises, investigating incidents, and providing evidence to law enforcement if necessary. Client understands that the video recordings may be stored and reviewed by authorized personnel.