In-Person and Online Remote Personal Training Terms and Conditions
24 HOUR CANCELLATION POLICY
Late arrival for sessions will result in forfeiture of the missed session time. Client will be charged for the full cost of the session on any late cancellations or no-show appointments.
In-Person Personal Training sessions expire six (6) months from the date of purchase. The sessions are non-transferable. There are no refunds for Personal Training sessions not used within the required period.
RIGHT TO CANCEL AND REFUND POLICY
You, the Client, have three (3) days from date of purchase of a new In-Person Personal Training package or Online Remote Personal Training enrollment to be refunded for any unused sessions from that package. After three (3) days no refunds shall be made for services purchased.
For In-Person Personal Training notice of cancellation must be made by written notification to our contact form. Please include your name, address, phone number and email address and your notification that you wish you cancel. All refunds will be made to the Buyer (you, the Client) within three (3) days of receipt of the cancellation notice.
Online Remote Personal Training is a monthly subscription. You, the Client, may choose to cancel and not renew your Subscription for the next applicable subscription period at any time by canceling through PayPal. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS (following any cancellation, however, you will continue to have access to the Subscription Services through the end of your current subscription period); and (c) your payment for Subscription Services will AUTOMATICALLY RENEW at the end of the applicable subscription period, unless you choose to cancel and not renew your Subscription Services before the end of the current subscription period.
HEALTH DISCLAIMERS AND CLIENT’S RESPONSIBILITY AS TO USE OF PERSONAL TRAINING
SG Fitness & Health Coaching LLC is not a health care or medical provider. You, the Client, (the Buyer and all guests) should consult with your physician in all events, including a history of heart disease before using our Personal Training services. The services made available through Personal Training, including without limitation any advice, information, workouts, exercises, regimens, nutritional plans, recipes or other materials, are provided for general informational purposes only, and do not constitute medical advice. The information is not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any fitness or nutrition regimen or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions.
SG Fitness & Health Coaching LLC is not liable or responsible for any consequences of you having read, used or relied upon any information given. By using any Personal Training services, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio, meditation or other exercises, all of which can be potentially hazardous activities. You should consult with your doctor prior to using any Personal Training services. If you choose to use any Personal Training services, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using any advice given, and you hereby assume all risks associated with using any advice given. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING ANY FITNESS ADVICE, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SG FITNESS & HEALTH COACHING LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FITNESS ADVICE GIVEN THROUGH PERSONAL TRAINING SERVICES AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH FITNESS ADVICE GIVEN THROUGH PERSONAL TRAINING SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY FITNESS ADVICE AND PERSONAL TRAINING SERVICES IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SG FITNESS & HEALTH COACHING LLC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY PERSONAL TRAINING SERVICES.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Informal Dispute Resolution
Our goal is to do our best to ensure that every experience with SG Fitness & Health Coaching LLC will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem or concern. To do so, please contact us by visiting http://www.sahmuragonzalez.com/contact. When contacting us, we ask that you include your name, address, phone number and email address, and a description of your problem or concern and any specific relief you seek.
By using the Personal Training Services, you and SG Fitness & Health Coaching LLC agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if SG Fitness & Health Coaching LLC initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Class Action Waiver
By using the Personal Training services, you agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving SG Fitness & Health Coaching LLC or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against SG Fitness & Health Coaching LLC. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Definition of Dispute
Except as described below, the term “Dispute” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and SG Fitness & Health Coaching LLC regarding any aspect of your relationship with SG Fitness & Health Coaching LLC, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of these Terms, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver.
However, “Disputes” SHALL NOT include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
How Will the Arbitration Work?
Either you or SG Fitness & Health Coaching LLC may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or ESG Fitness & Health Coaching LLC initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, SG Fitness & Health Coaching LLC will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
Where Will the Arbitration Be Held?
You can bring the arbitration in either New York or in the state where you live if there is a JAMS or AAA in that state. In the event that SG Fitness & Health Coaching LLC initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case SG Fitness & Health Coaching LLC may initiate the arbitration in New York. As set forth in “Governing Law” section below, the arbitrator will apply New York law.
You agree to defend, indemnify and hold SG Fitness & Health Coaching LLC harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys' fees), arising out of or in connection with: (1) your personal training services; (2) your failure to comply with these Terms or with any applicable law, rule or regulation. SG Fitness & Health Coaching LLC will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. SG Fitness & Health Coaching LLC reserves the right, at your expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without SG Fitness & Health Coaching LLC’s prior written consent.
You may terminate these Terms at any time by ceasing to use any of the Personal Training services provided. Please understand, however, if you subsequently decide to resume accessing and using any of the Personal Training services, you will again be bound by the then-current Terms.
However, even after these Terms have been terminated, the sections titled “Arbitration Agreement and Class Action Waiver,” “Indemnification,” “Governing Law,” “Personal Training Terms and Conditions” and any other provision which by its nature is intended to survive, will survive that termination.
This Agreement is governed by the laws of the state of New York. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, SG Fitness & Health Coaching LLC and Client agree that the venue for such action shall exclusively be New York County, New York.
CHANGES TO TERMS OF SERVICE AGREEMENT
These Terms may change as we continue to evolve our business. You can review the most current version of the Terms and Conditions Agreement at any time at this page. If we change these Terms, we will post the revised document here and such changes will be effective immediately upon that posting. Your continued use of the services provided by SG Fitness & Health Coaching LLC constitutes your acceptance of such changes and agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically when accessing or using the services provided by SG Fitness & Health Coaching LLC.
These terms were last updated: April 10, 2019