TERMS AND CONDITIONS
1. This (Agreement) is entered into between YOU (also referred to as client, you, You) and The Hella Fitness Club (THFC), operating as The Hella Fitness Club, for the use of a fitness programs and services as outlined below. This Agreement is a comprehensive agreement and covers all terms and conditions for the use of fitness programs and every program type and/or package of services and/or products sold.
2. All fitness programs, add-on macro nutrient services and/or packages, specials, pricing and sessions are non-negotiable, non-transferable and non-refundable.
3. All retail product sales, fitness programs, macro nutrient services and service sales are final. There are no cash refunds.
4 The Hella Fitness Club reserves the right to substitute a coach in the event the assigned coach is unavailable to conduct the conference call/online meeting or continue the program. Not all of our coaches hold the appropriate certifications and/or state license. Some are interns and some are fitness enthusiast with knowledge from personal experience.
| ARBITRATION: This Agreement shall be governed by the laws of the state of California. IN the event a dispute shall arise between the parties YOU agree that any and all disputes shall be resolved by a single arbitrator, whether independent or part of any reputable arbitration association or company, in accordance with the AAA Rules of Commercial arbitration. The arbitrators decision shall be final and binding. If a court of competent jurisdiction declares any part of this Agreement as invalid the remaining parts will be enforceable and continue unaffected. THFCs failure to enforce any part of this Agreement does not waive THFCs rights at a later date. UNDER NO CIRCUMSTANCE SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OF GOODWILL OR OTHER BUSINESS PROFITS. |
| CLASS ACTION WAIVER: YOU AGREE THAT YOU WILL RESOLVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT ON AN INDIVIDUAL BASIS. ANY CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IS ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THIS AGREEMENT ALSO PREVENTS YOU FROM PARTICIPATING IN AN EXISTING CLASS ACTION BROUGHT BY ANOTHER PARTY. |
By accepting this payment you agree to all terms in this Agreement and acknowledge you received a completed copy.