EFT REQUEST AND AUTHORIZATION: Client hereby authorizes Iron Tribe Fitness or its assigns to make periodic charges or withdrawals (“EFT Authorization”) from the account used to pay the initial payment described above or the account listed below or replacement account designated by Client and accepted by Iron Tribe Fitness for payment of any and all fees, late charges, costs, expenses or any other monies due to Iron Tribe Fitness under the terms and conditions of this Agreement. Client understands that Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon thirty (30) days written notice to, and approved by, Iron Tribe Fitness. Client may timely notify the financial institution in control of Client’s account to terminate this Request, by such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. Iron Tribe Fitness or its assigns reserves the right to add the following fees to the Client’s account balance should any of the following occur. Re-submit unpaid EFT draft-ten dollars, unpaid EFT draft (after re-submittal)-fifteen dollars, unpaid credit card debit-fifteen dollars, unpaid customer check-fifteen dollars. Payments received more than ten (10) days after the due date are assessed a late fee-fifteen dollars.
CLIENT acknowledges that the GROUP training/nutritional service programs purchased hereunder includes participation in strenuous physical activities, including, but not limited to, running, weight training, stationary bicycling, gymnastic movements, various aerobic conditioning machinery and various nutritional programs offered by Iron Tribe Fitness (the “Physical Activities”). Client acknowledges these Physical Activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, or injury, however caused, occurring during or after client’s participation in the physical activities. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client.
CLIENT agrees to assume all risk and responsibility arising from participation in the Physical Activities. Client affirms that Client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Client acknowledges participation will be physically and mentally challenging, and client agrees that it is the responsibility of Client to seek competent medical advice regarding any concerns or questions concerning the ability of Client to take part in Iron Tribe Fitness Physical Activities. By signing this agreement, Client affirms that he or she is capable of participating in the Physical Activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.
CLIENT, on behalf of Client, his or her heirs, assigns and next of kin, waives any claims against and releases Iron Tribe Fitness (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and/or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in iron tribe fitness activities, including, but not limited to the group training/nutritional programs and the physical activities
CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Iron Tribe Fitness shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If Iron Tribe Fitness delays or refrains from exercising any rights under this Agreement, Iron Tribe Fitness does not waive, nor will Iron Tribe Fitness lose those rights. If Iron Tribe Fitness accepts late or partial payments from the buyer, Iron Tribe Fitness does not waive the right to receive full and timely payments and other charges due under this Agreement.
ATTORNEY FEES: In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
CLIENT’S RIGHT TO HOLD: The Client will be allowed to freeze their Agreement for a minimum of one month and a maximum of three months in a 52 week period. Those three months must be consecutive (ie May, June, July). The Client can only freeze the Agreement one time per year and will be charged $25 per month. In order to freeze the Agreement, a thirty-day written notice must be received in advance in order to freeze. Your account must also be current. You will not pay dues during this time and your Agreement will be extended for the number of frozen months. With a note from your attending physician or a copy of your military orders, we can freeze your membership free of charge for a maximum of 52 weeks. No service fee or monthly dues apply for medical or military freezes
CLIENT’S RIGHT TO CANCEL: Client must give notice of cancellation via e-mail to email@example.com at least thirty (30) calendar days prior to a scheduled weekly debit date. Such e-mail will serve as Client’s cancellation receipt. Cancellation fee includes next 30 days payments if canceled before the length of the program. The program will automatically renew, as is unless client specifies changes. If canceled, membership dues are subject to change upon return. If due to death, disability or moving further than 20 miles away and Client is unable to receive all Iron Tribe Fitness services for which Client has contracted, Client and Client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability.
RESULTS GUARANTEE: I understand the program comes with a Results Guarantee, meaning that if I haven’t achieved my goals I set with my coach today by the end of the program, I can continue for free until I reach my goal, so long as I follow the fitness, nutrition and supplement regiment my coach recommends to me. In order to qualify for the results guarentee client must adhere to the accountability practices of the program by following nutrition plan and sending meal prep photos to coach weekly, Sending progress Inbody scans to coach weekly, working out a minimum of 3x/week and checking into facility on Facebook or Instagram, or any other additional guidelines mutually agreed upon between coach and client.
NO SHOW/LATE CANCELATION POLICY: For all Saturday and early AM classes (before 8am) there is a 10 hour cancelation window. If Client cancels within the 10 hour window for Saturday or early AM classes the client will be subject to a $10 fine. Client will be given one freebie each calendar month.