Cancellation Policy: If you cancel or reschedule a session after 6:00 pm the day before your appointment, it counts as a used session. This policy is strictly enforced with no exceptions. You may call our 24-hour time-stamped voicemail (510-409-5077), even on Sunday. Excessive cancellations interfere with your progress and our scheduling. If we believe your cancellations are excessive, we will discuss this with you, but we reserve the right to cancel your reserved time slot. Commit to once a week! Payment: All sessions/monthly memberships are by pre-paid appointment only. The amount paid is non-refundable except as stated hereafter. All sessions in a package must be completed within one year of your starting that package. Sessions are not transferrable without our written consent.
Renewal: You renew this agreement, and keep your reserved time slot, only by making a payment on another package before your last paid session. A payment on any new package of sessions renews this agreement. We may increase rates at any time, except for the sessions included in this agreement. We are not obligated to renew this agreement at the rate in this agreement. Member is purchasing a program and not the services of an individual coach. The assigned coach may not be available to conduct any one or all sessions in which case another coach will be assigned. Member is not entitled to a refund if the originally assigned coach is not available. All fees for this Agreement are immediately earned by Mr. Fit Wells. All fitness service fees are non-refundable, unless specifically stated otherwise. If you are entitled to a refund, your refund will be limited to unused sessions. In no event are you entitled to a refund for used sessions. Termination for Cause by Mr. Fit Wells: Mr. Fit Wells may, at its option, terminate your agreement if you fail to make timely payments under any payment plan, any monthly payments or dues are late, the monthly EFT/RCC payments or dues are interrupted or discontinued for any reason and you or your cosigner do not provide an acceptable alternative, you fail to follow any of Mr. Fit Wells membership policies or club rules or violate any part of this agreement, or your conduct is improper or harmful to the best interest of Mr. Fit Wells or its members. Termination is effective on the date Mr. Fit Wells mails a written notice to your last known address. You are liable for all financial obligations until that date. Termination without Cause by Mr. Fit Wells: Mr. Fit Wells reserves the right to terminate your membership for any reason not stated above and not prohibited by law. If Mr. Fit Wells does so, a written termination notice to your last known address and refund any unused prepaid dues will be mailed out. Early Termination Fee: You may cancel this agreement before the agreed upon term has been reached by paying 1/2 of the remaining balance left on the agreement. For example, if you are 2 months in to a 12 month agreement (10 months left), your termination fee would be the equivalent of 5 months x the agreed upon monthly rate.
Cancellation upon death or disability: The buyer may cancel this agreement if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the agreement until the time of disability, with refund of funds paid or accepted in payment of the agreement in an amount computed by dividing the agreement price by the number of weeks in the agreement term and multiplying the result by the number of weeks remaining in the agreement term. The buyer or the buyer's estate seeking relief under this paragraph shall provide proof of disability or death. A physical disability sufficient to warrant cancellation of the agreement by the buyer shall be established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under California law to the extent the diagnosis or treatment of the disability is within the physician's scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
Other Cancellation Provisions: If this location goes out of business, or moves its facilities more than 20 driving miles from the business location designated in such agreement and fails to provide, within 30 days, a facility of equal quality located within 20 driving miles of the business location designated in such agreement at no additional cost to the buyer, you may cancel this agreement and receive a complete refund of all dues paid for future services within 30 days after receipt of the notice of cancellation. Notice of intent to cancel by the buyer shall be given in writing to the health studio. Such a notice of cancellation from the consumer shall also terminate automatically the consumer's obligation to any entity to whom the health studio has subrogated or assigned the consumer's agreement. The business location of a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises: Upon sale, for not more than 14 consecutive days; or during ownership, for not more than 7 consecutive days and not more than two periods of 7 consecutive days in any calendar year. The initial agreement will not be for a period in excess of 36 months and thereafter shall only be renewable annually. Such renewal agreements may not be executed and the fee therefore paid until 60 days or less before the preceding agreement expires.
NOTICE OF CANCELLATION: Any notice of intent to cancel or termination by client under any provision of this agreement must be delivered in person or by mail to Christopher Wells DBA Mr. Fit Wells, 2454 Sebastopol Lane, Unit 6, Hayward, , 94542. We assume no responsibility for mail not received if not sent by certified mail.
Assumption of Risk, Waiver and Release of Liability, and Miscellaneous Provisions—In consideration of the permission to use the facilities, equipment, services, premises, and products provided at Mr. Fit Wells (hereafter Mr. Fit Wells) today, and at any time in the future, you understand and agree to all of the following:
Assumption of Risk: I understand that any physical activity carries with it an inherent risk of injury. Strength training can involve strenuous exertions of various muscles placing stress on the muscles, bones, and joints. Cardiovascular training can involve sustained physical activity placing stress on the heart, arteries, and blood pressure. Risk of injury may be minor such as soreness, sprains, strains, and bruises, or serious such as heart attack, stroke, paralysis, and death. I understand these risks and agree to assume all risk of injury or illness associated with exercise whatever the cause.Waiver and Release of Liability: I voluntarily and knowingly agree on behalf of myself, my spouse, my heirs, personal representative, assigns, and anyone else claiming by or through me to release, waive, and discharge Mr. Fit Wells, its directors, officers, owners, employees, volunteers, independent contractors, agents, assigns, successors, vendors, suppliers, equipment manufacturers, lessors, consultants, other clients, and all others associated with them (collectively “all others”) from all liability from any and all claims, demands, or suits arising from the acts, failure to act, or conduct of any of them arising from their negligence (whether ordinary or gross), breach of duty, or any other theory of legal liability for (1) any physical or emotional injury or illness suffered by me (including death) arising from my attending Mr. Fit Wells or using its equipment, facilities, services, products, and/or premises; and (2) any damage to, loss of, or theft of my property.
Indemnification and Hold Harmless: I agree on behalf of myself, my spouse, my heirs, personal representative, assigns, and anyone else claiming by or through me to indemnify and hold harmless Mr. Fit Wells and all others by paying all costs and attorneys’ fees they incur in investigating and defending a claim or suit if such claim or suit is withdrawn, or if a court determines for whatever reason (including the enforceability of this agreement, that Mr. Fit Wells and or others are not liable for the injury or loss.Denied Payment Charges: If my payment is denied for any reason, I agree to pay a $25.00 service charge plus the amount of the denied payment within 5 days. I agree to pay all costs of collection, including reasonable attorney’s fees and court costs.
Interpretation: This agreement is intended to be interpreted as broad and as inclusive as permitted by the laws of California to relieve Mr. Fit Wells, and all others associated in any way with Mr. Fit Wells, from all liability for any and all claims for damages due to injury or property loss based on any legal theory. This agreement shall be interpreted under the laws of California. Severability and Venue: If any portion of this agreement is held invalid, the balance of the agreement shall continue in full legal force. Any legal action shall be brought in Alameda County, CA.
Entire Agreement: All of the above constitutes as the entire agreement. I have not relied on any oral representations by anyone in addition to, or inconsistent with, the written terms of this agreement.