Terms, Conditions, Informed Consent, & Liability Release
Upon signing the paper release or checking the appropriate boxes on the electronic registration and release form(s) indicating agreement to these terms, you hereby make the following agreement between yourself (herein referred to as Participant) and Health Fitness Complete, LLC (herein referred to as Company), registered owner of Empowered Fitness Training:
Appointment Cancellation Policy. By participating, you agree to our appointment cancellation policy. Review that policy by clicking here.
Agreement to Terms and Conditions. Participant agrees to adhere to the terms and conditions of service as outlined below. Participant agrees that the terms and conditions may change at any time without notice and will adhere to the terms in their then-current state.
Agreement to Informed Consent. Participant agrees to the Informed Consent document located below.
Agreement of Release & Waiver of Liability: THIS RELEASE AND INDEMNITY AGREEMENT (“Release”) is made by the undersigned adult (the “Participant”), to release and indemnify Health Fitness Complete, LLC, a limited liability company owned by Jeff P. Wood (“Owner”), and all associated officers, directors, agents, contractors, employees, heirs, successors, and assigns (collectively, “Company”), as set forth below. Activity. Participant, on Participant’s own behalf and on behalf of the other members of Participant’s family, including Participant’s spouse, parents, children, heirs, and assigns (singularly and collectively referred to as “Participant”) hereby grants to Company this full release and indemnification as consideration in exchange for permitting Participant to participate in the following athletic or physical activities which may or may not utilize Company premises and/or equipment (the “Activity”): Personal Fitness Training, Partner (Small Group, Semi-Private) Personal Training, Burst Workouts, Health & Fitness Coaching, Exercise Programming for independent use, Membership access for independent exercise, or any and all other fitness programs administered by Company previously, currently, or in the future. Participant is entering into this release after (i) having viewed of having had the opportunity to view Company premises and/or equipment; (ii) if there is an instructor, having reviewed or having had the opportunity to review the instructor’s qualifications; (iii) having had the scope of services and/or the associated risks explained to Participant; and/or (iv) having had an opportunity to ask questions regarding the services and/or risks associated with the Activity.
Release and Indemnity. PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH FULL KNOWLEDGE, UNDERSTANDING, AND APPRECIATION OF THE RISKS OF INJURY INHERENT IN ANY PHYSICAL EXERCISE, PHYSICAL ACTIVITY OR ATHLETIC ACTIVITY AND EXPRESSLY ASSUMES ALL RISKS OF INJURY AND EVEN DEATH WHICH COULD OCCUR BY REASON OF PARTICIPANT’S PARTICIPATION. PARTICIPANT RELEASES COMPANY FROM ANY LIABILITY AND AGREES NOT TO SUE CLUB WITH RESPECT TO ANY CAUSE OF ACTION FOR BODILY INJURY, PROPERTY DAMAGE, OR DEATH OCCURRING TO PARTICIPANT AS A RESULT OF PARTICIPATING IN THE ACTIVITY. PARTICIPANT HEREBY ASSUMES FULL RESPONSIBILITY FOR RISKS OF BODILY INJURY, PROPERTY DAMAGE OR DEATH TO PARTICIPANT DUE TO ORDINARY NEGLIGENCE OR GROSS NEGLIGENCE OF COMPANY AND THE ORDINARY NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF ANY THIRD PARTY INCLUDING OTHERS PARTICIPATING IN THE ACTIVITY. PARTICIPANT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS, AT PARTICIPANT’S SOLE COST, COMPANY FROM ANY AND ALL CLAIMS ARISING OUT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY. ALL PERSONAL PROPERTY BROUGHT TO THE ACTIVITY, IS BROUGHT AT THE SOLE RISK OF PARTICIPANT AS TO ITS THEFT, DAMAGE, OR LOSS.
Medical. Participant consents to emergency medical care and transportation in order to obtain treatment in the event of injury to Participant as Company may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.
Severability. Participant expressly agrees that the terms of release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the state of Washington. Any provision or portion of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein.
Media Release. Company, and its officers, staff, instructors, and trainers reserve the right to photograph, or to record audio, video, or both for use in social media, advertisements, or for any other use Company deems necessary.
Governing Law. This Agreement, and all documents mentioned herein by reference, shall be governed by the State of Washington.
BY REGISTERING, PARTICIPATING, OR BY FILLING OUT THE LIABILITY FORM PARTICIPANT INDICATES THEY HAVE READ AND VOLUNTARILY AGREES TO THIS RELEASE AND INDEMNITY AGREEMENT AS WELL AS ALL DOCUMENTS REFERENCED HEREIN.
TERMS, CONDITIONS, INFORMATION, & POLICIES
Appointment Cancellation Policy. By participating, you agree to our appointment cancellation policy. Review that policy by clicking here.
Personal Training Packages, Structure. Staff Fitness Professionals sell access to personal training up to 4, 8, or 12 sessions per month. Participants are billed monthly and in advance. IT IS THE RESPONSIBILITY OF THE PARTICIPANT TO ATTEND THEIR SESSIONS AND, IF NECESSARY, TO SCHEDULE MAKE-UP SESSIONS. Singles and punch cards are not available. Monthly AutoPay is available. Contract Fitness Professionals (not employed by Company, but rather independent contractors who train their clients in our facility) set their own rates and sell their services directly to their clients.
Fitness Professionals. Current Staff Fitness Professionals include Jeff Wood and Christina Wood. All others are Contract Fitness Professionals. Fitness professionals may have appropriate college degrees, an NCCA Accredited Certification, or both.
Unlimited Classes Membership. This membership includes UNLIMITED ACCESS to our classes, open gym access, 24-hour access (upon meeting eligibility requirements), and free access to our educational workshops. There is no start up fee.
Unlimited Plus Membership. This membership includes the benefits of the Unlimited Classes membership but also grants one personal training session per week. This could be a 30 or 60 minute session based on the chosen price point. There is no start up fee.
Basic Membership. This membership includes access to our gym during staff (open) hours, one free introductory personal training session, and free access to our educational workshops. A $30 start up fee is required.
Boxing Only Membership. This discounted membership includes access only to our boxing and kickboxing classes. It does NOT include open access to our gym, other classes, workshops, or any other benefit of our other memberships. There is no start up fee.
Workshops. We periodically schedule workshops for the education and benefit of our members. They are free for qualifying members. Non-members (aka the public) may purchase access to workshops for $50.
Membership Billing. All memberships are billed automatically on Monthly AutoPay. All members are required to sign an Automatic Payment Authorization form prior to purchasing a membership. Online buyers will accept the terms of this form electronically prior to purchasing online. Cash and other one-time payments are available for one year paid in full.
Termination Policy. The relationship between you (the client) and Company can be terminated at any time for any reason either by you (the client) or by Company.
Membership Validity. Your membership remains valid, regardless of your participation, unless you terminate or suspend your membership as outlined below:
Membership Cancellation / Cancellation of Automatic Payment. To cancel a membership or to terminate automatic payments notice must be given directly to the Owner of the Company verbally (in person or voice call).
- YOU MUST SPEAK TO JEFF DIRECTLY either in person or by calling. A voice message is acceptable if we are unable to answer.
- YOU WILL BE REQUIRED TO FILL OUT A MEMBERSHIP CANCELLATION FORM before termination of membership and automatic payment.
- NO OTHER STAFF OR CONTRACT FITNESS PROFESSIONAL IS AUTHORIZED TO CANCEL A MEMBERSHIP.
- MEMBERSHIPS MAY NOT BE CANCELLED VIA EMAIL, TEXT MESSAGE, SOCIAL MEDIA, MAIL, BY A 3RD PARTY, OR BY ANY OTHER MEANS.
- INACTIVTY DOES NOT CONSTITUTE MEMBERSHIP CANCELLATION. Refunds for inactivity are NOT available.
- Any discounted rate you may have earned is nullified after cancellation. Should you decide to rejoin you must pay the normal rate.
Membership Suspension. You may suspend a membership for a minimum of one month. Your membership will AUTOMATICALLY RENEW on the billing date of the month you wish to resume. If you do not wish for your membership to renew automatically you must cancel your membership instead.
Membership Discount. Discounts are available for paying 1 year in advance. Members may also earn discounts by participating in challenges that offer discounts as a prize. Members may also receive a discount if their employer has a contract with us. Generally, discounts are not available.
Transportation. Provide yourself with adequate transportation to and from Company. This is not our responsibility and we will not honor any requests for transportation.
Payment Options. We take cash, check, Visa, MasterCard, Discover, and American Express for all personal training packages 8 sessions per month or greater and for one year memberships paid in full.. For monthly memberships Automatic Payment using a Visa, MasterCard, Discover, and American Express credit or debit card is required. Debit cards must be linked to an active checking account. Pre-Paid or Gift Debit Cards are NOT accepted.
Barter. Barter is available at the sole discretion of the OWNER.
Payment Due. Payment is due in advance or at the time of services. Financing options are not available.
Payment Information. For your convenience we store your billing information by default if you pay with a credit or debit card. You may request that we do not. We are PCI Compliant. We will only use stored billing information under the following circumstances: 1) For automatic payment plans, 2) at the request and convenience of Client in order to make purchases, 3) payment of no-show and late cancellation fees as outlined in the above attendance and cancellation policies, and 4) Payment of all negative account balances.
Pricing. Pricing is subject to change without notice. All stated prices do not include tax.
Checks. All checks written to Company must include current information. Any returned check will result in a $30 charge to the Client and checks will no longer be accepted from Client.
Refunds. All sales are final. Refunds and transfers (to another client) are not allowed under any circumstance. Conversion to account credit for the purchase of different services offered by Company are allowed.
Changes in Terms. Company reserves the right to remove, add, alter, or otherwise make changes to these terms at its sole discretion. You agree to be subject to these terms in their then-current form at all times so long as you are a member, client, or otherwise participant of Company.
Right to Refuse Service. Company reserves the right to refuse service to any individual for any reason.
Behavior. Staff, clients, and guests are all required to treat each other with respect and dignity. There are only good and great days at Company. Rude, threatening, or otherwise negative attitudes or behaviors are not allowed and will result in immediate discharge from facility without refund. Causing damage to equipment, facility, and/or premises is not allowed. Violator will be subject to fines to replace or repair equipment, facility, and/or premises. Violent or otherwise destructive behavior toward self or others is not allowed and will result in immediate discharge from facility without refund. Slander, libel, and/or all forms of negative communication to others regarding Company, staff, or other clients is strictly prohibited and will be prosecuted to the fullest extent of the law. Alcohol and drugs, or being under the influence thereof, are not allowed and will result in immediate discharge from facility without refund. Sexual harassment, or unwanted sexual advances, are not allowed and will result in immediate discharge from facility without refund. All other inappropriate behaviors deemed solely by the staff of Company are not allowed.
Guidelines. Wear appropriate work out attire. Please aim for comfort and maximum mobility. Try to avoid clothing that limits your movement or otherwise interferes with the performance of exercise. Closed-toe shoes and socks are required unless otherwise specified. Drink plenty of fluids the day before your session and come to your session hydrated. Please try to avoid eating within two hours prior to your session. Most importantly, have fun!
I agree to participate in fitness testing and other assessments to determine my health status and level of fitness. I understand that fitness testing requires physical exertion which may be strenuous. I understand that I will be informed of the risks involved and I will be given the opportunity to ask questions prior to any tests and that I have the freedom to terminate any test at any time. I understand that I will participate in exercise, which requires physical exertion and may be strenuous. I understand and assume all the risks involved. I understand that I can terminate exercise at any time. I understand that it is my responsibility to consult a physician prior to and regarding my participation in exercise testing, prescription, and participation. I understand that I may be required to seek clearance from my physician to participate in an exercise test or program. I understand that Company may collect medical records from me or obtain information that may be considered sensitive. I understand that my information will be kept confidential and will not be shared except in cases where I provide written or verbal authorization to share my information. I will assume full responsibility of any risks, injuries, or damages known or unknown, which I might incur as a result of participating in exercise testing or in an exercise program or personal training. I understand and accept that results and the achievement of my fitness goals are contingent upon my participation in the exercise prescription, consuming the proper nutrition, and properly following the instructions of my personal fitness trainer. Furthermore, I understand and accept that there are any number of reasons, both foreseen and unforeseen, that I may not get the results I want or reach my fitness goals, and I agree and accept that results and the achievement of my fitness goals are not guaranteed. I shall not hold Company, or any of its staff, liable in the event I do not achieve the desired results in the desired time frame. I knowingly, voluntarily and expressly waive any claim I may have against Company or any member of its staff for injury or damages that I may sustain as a result of participating in exercise testing, exercise programs, or personal training.