I fully understand and agree that my one-to-one (hereafter, "in person") or FitByFone training package with FitBoot shall be bound by the following conditions:
1) THIS AGREEMENT IS NOT TRANSFERABLE AND THERE IS NO REFUND OR CANCELLATION OF THIS CONTRACT OTHER THAN AS EXPRESSLY SPECIFIED BELOW. THE USE OF THIS TRAINING PACKAGE IS EXCLUSIVELY FOR THE PERSON WHOSE NAME APPEARS AT THE TOP OF THIS FORM AND WHO SIGNS THIS CONTRACT BY CHECKING THE "I AGREE" BUTTON BELOW.
2) FitBoot reserves the right to reject or terminate the contract of any person who, in the sole opinion of FitBoot owner and staff, is unsuitable for participation in recommended training activities by refunding the fee on a prorated basis as determined by the remainder of the contract term.
3) I agree to inform FitBoot of my past medical history and of any present or future medical conditions which may in any way affect my physical well-being.
4) All appointments (in-person sessions and telephone consultations) will be scheduled with at least 24 hours advance notice for days and times that are mutually agreeable between the FitBoot trainer and me. I agree to keep all scheduled appointments unless I cancel by contacting FitBoot by phone or email at least 24 hours before the appointment's scheduled start time. Appointments cancelled with less than 24 hours notice or for which I do not appear will be charged against my training package.
5) FitBoot agrees that the trainer will be on time for all scheduled appointments, both in-person and telephone. I agree to be on time for all appointments and that habitual tardiness (more than ten (10) minutes) will be grounds for FitBoot to cancel my contract and refund the prorated balance of my fee.
6) For all telephone consultations, FitBoot agrees that the trainer will be prepared with all scheduled and appropriate updates for my training routine, training schedule, and/or nutrition recommendations. I agree to be prepared with an organized report of my training activities, nutrition habits, and personal outlook for the previous week. Telephone consultations will not be extended beyond the twenty (20) minute standard because of disorganized record-keeping or reporting.
7) For in-person clients: I agree not to schedule or engage in outside activities during my training sessions, except in an emergency. Such activities may include, but not necessarily be limited to: taking or making phone calls, working on a computer or handheld device, monitoring or interacting with children, playing with pets, doing housework or other chores, eating, or persistent distracting conversation with another person or with the trainer. Habitual interruption of my training session in this way will be grounds for FitBoot to cancel my contract and refund the prorated balance of my fee.
8) Minors (participants under the age of eighteen (18)) must have the written consent of their parent or guardian to participate in FitBoot training. Upon receipt of your online contract, FitBoot will contact the parent/guardian listed to confirm their permission.
9) CONSUMERS' RIGHTS TO CANCELLATION: You may cancel this contract within three (3) business days of execution (as evidenced by the date stamp when received by FitBoot via email) by causing written notice of your cancellation to be delivered in person to FitBoot, via email, return receipt requested, to fitboot@fitboot.com or via U.S. mail, return receipt requested to FitBoot, 5111 Telegraph Avenue, #317, Oakland, CA 94609.
10) ADDITIONAL RIGHTS TO CANCELLATION: You or your estate may cancel this contract for any of the following reasons: If upon a doctor's order you cannot participate in fitness training because of significant physical or medical disability for a period in excess of three (3) months (copy of doctor's order required); in case of your death (copy of death certificate required); if the services to be provided under this contract are not available because FitBoot fails to provide a training plan or nutrition recommendations, permanently discontinues operation of your selected training package, or substantially changes the features of your selected training package; if you are an in-person client and you move your residence or your place of employment outside the travel radius within which a FitBoot trainer is available (proof of new residence or letter from employer required).
11) CHOICE OF LAW: This Contract will be construed under and governed by the laws of the State of California. In case of any legal dispute regarding this contract, I agree to bring any federal or state legal proceedings arising under this contract in which FitBoot, its owner, or any trainer is a party, in a court of competent jurisdiction within the State of California. This paragraph must not be construed to limit any other legal rights of the parties.
12) ENTIRE AGREEMENT: The parties understand and agree that this contract supersedes all other verbal and written agreements and negotiations relating to any services to be provided under this contract. To request cancellation, submit written notice, including copies of any required documentation, via email, return receipt requested, to fitboot@fitboot.com
For legitimate cancellations as provided in this contract, FitBoot will refund all monies paid for the current package period, less a prorated amount for any services provided and/or training sessions conducted. Refunds will be made within thirty (30) business days of FitBoot's receipt of your cancellation request.
DO NOT EXECUTE THIS CONTRACT (BY CLICKING THE "I AGREE" BUTTON BELOW) UNTIL YOU HAVE REVIEWED AND UNDERSTAND ALL OF THE TERMS CONTAINED HEREIN. THE PARTICIPANT, OR HIS/HER PARENT/GUARDIAN IF UNDER 18, ACKNOWLEDGES THAT HE/SHE HAS READ THE CONTRACT COMPLETELY AND WILL ABIDE BY ALL THE RULES AND REGULATIONS SET FORTH HEREIN.