I fully understand and agree that my enlistment in FitBoot shall be bound by the following conditions:
1) THIS ENLISTMENT IS NOT TRANSFERABLE AND THERE IS NO REFUND OR CANCELLATION OF THIS CONTRACT OTHER THAN AS EXPRESSLY SPECIFIED BELOW. THE USE OF THIS ENLISTMENT 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 enlistment of any person who, in the sole opinion of FitBoot owner and staff, is unsuitable for participation in training activities by refunding the enlistment 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 or the safety of other participants.
4) 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.
5) I agree that FitBoot - Basic Training for Professionals, LLC may use both sound and/or visual images of me, in part or in whole, for cablecast, broadcast, or other public viewing as part of promotional materials for the program in which I am participating. I hereby waive any and all causes of action of every kind and nature including any claim for breach of confidentiality, privacy or otherwise arising out of or occasioned by the activities consented to hereby. This consent or permission hereby granted may be withdrawn by delivering written notice of the same via email, return receipt requested, to fitboot@fitboot.com or by U.S. mail, return receipt requested to FitBoot - Basic Training for Professionals, LLC, 909 Marina Village Parkway, Suite 676, Alameda, CA 94501 within ten (10) days following photographing, filming, recording or videotaping.
6) After the Recruit enlistment period, FitBoot guarantees to maintain the same monthly rate in effect at the time of the original contract execution so long as the client renews without interruption. Original rates will not be guaranteed for any expired contract, and returning clients who execute a new contract after allowing a contract to expire will do so at the rates in effect at the time of the new contract execution.
7) Upon beginning participation in any FitBoot programming, I agree that I will not engage directly or indirectly, either personally or as an employee, owner, associate partner, partner, manager, agent or otherwise, or by means of any corporate or other device, in the outdoor fitness or boot camp fitness business within a 30 mile radius of any FitBoot licensed or operated boot camp program for a period of two (2) years after termination of my FitBoot enrollment.
8) CONSUMERS' RIGHTS TO CANCELLATION: You may cancel this contract within three (3) business days of this contract date (as displayed on the online form) by causing written notice of your cancellation to be delivered in person or via email, return receipt requested, to fitboot@fitboot.com or via U.S. mail, return receipt requested to FitBoot, 909 Marina Village Parkway, Suite 676, Alameda, CA 94501.
9) 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 the 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 establish a planned training program, permanently discontinues operation of the training program, or substantially changes the operation of the training program; if you move your residence or your place of employment more than twenty-five (25) miles from a FitBoot training site AND you did not live or work more than 25 miles away at the time you executed the contract (proof of new residence or letter from employer required).
To request cancellation, submit written notice, including copies of any required documentation, in person or via email, return receipt requested, to fitboot@fitboot.com or via U.S. mail, return receipt requested, to FitBoot, 909 Marina Village Parkway, Suite 676, Alameda, CA 94501
For legitimate cancellations as provided in this contract, FitBoot will refund all monies paid for the current enlistment period, less a prorated amount for any classes taken. Refunds will be made within thirty (30) business days of FitBoot's receipt of your cancellation request.
10) 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, Licensee 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.
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.