FINTALLY LLC TERMS OF SERVICE

Personal Training Agreement

In consideration of my being able to participate in the Personal Training Program, I understand that I must purchase a package of training session(s) and must read, and agree to this agreement where I assume the risk for participation, waive of liability, and agree to personal training policies and procedures. I understand that it is recommended to have a physical examination and consult with a physician before pursuing a new workout program or activity so I am aware of what is appropriate for me. I acknowledge that I have had a physical examination and have been given a physician’s permission to participate or I have decided to participate without the approval of a physician.

I understand that my FINTALLY trainer(s) will develop and guide me through my exercise program. I will be required to undergo a graduated exercise test (training consultation) to asses my present level of fitness. I understand that it is MY responsibility, as the client, to disclose ANY AND ALL health history accurately, including disclosure of any prescribed medications I am taking and any exercise or diet limitations I am aware of or have been informed of by a doctor to my trainer. During the training if any medications, conditions, or medical limitations should change, it is my responsibility to notify my trainer(s) immediately.

I understand that my trainer is NOT a physician and cannot replace the advice and expertise of a physician.

I understand that I have the complete right to stop or decrease exercise at any time during the session and that it is my obligation to inform my Trainer(s) of any symptoms such as fatigue, shortness of breath, chest discomfort, etc. .

I realize that participation in the program including, but is not limited to exercising, use of equipment, and strenuous exertion (strength training) all of which increase heart rate and body temperature.

General Liability Release of Claims

Effective immediately upon execution, the CLIENT, for and in consideration for purchased FINTALLY Personal Training Subscription of which is hereby acknowledged, do hereby release and forever discharge FINTALLY LLC., it’s trainer(s), and associates or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the following:

Because physical exercise can be strenuous and subject to risk of serious injury. Your personal trainer urges you to obtain a physical examination from a doctor before beginning any exercise or training program. You agree that by participating in these physical exercise sessions or personal training activities, you do so entirely at your own risk. This includes, without limitation, (a) your use of all amenities and equipment in the facility and any off site location and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment (c) our instruction, training, supervision, or dietary recommendations. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury. You expressly agree to release and discharge your personal trainer or instructor from any and all claims or causes of action. This waiver and release of liability includes, without limitation, all injuries to you which may occur, regardless of negligence.

If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You agree to voluntarily give up any right that you may otherwise have to bring a legal action against the personal trainer or instructor for negligence, or any other personal injury or property damage or loss action.

Potential injuries arising from Personal Training may include but are not limited to:

●  Muscle pull and strain

●  Sprained ankle

●  Shoulder injury

●  Knee injuries

●  Shin splint

●  Tendinitis

●  Wrist sprain or dislocation

●  Overexertion


It is understood and agreed that this service and agreement are contractual, not merely a recital, and agreed to at time of purchase. This Release may not be altered, amended or modified, except by a written document signed by both parties.
Furthermore, this Release shall be binding upon the agreed party, and their respective heirs, executors, administrators, personal representatives, successors and assigns. This Release shall be subject to and governed by the laws of the State of California.
This Release has been carefully read and fully understood by the client. The terms have been explained to me and I am freely, knowingly and voluntarily entering into this Release.

Personal Training Policies and Procedure

  • ALL Personal Training packages/sessions are non-refundable and non-transferable, no exceptions.

  • ALL sessions MUST be paid in full and it is the client’s responsibility to schedule their appointments using their scheduling link (provided via email at the time training is purchased)

  • Client MUST give a 24 hour notice of any appointment adjustments or changes. Less than 24 hours or a no-show will result in a cancellation and loss of that session (Makeup session may be purchased).

  • Rescheduling must be done 24 hours in advance by the client or will be deemed as a cancellation. Unless in case of emergency, which is under the discretion of the trainer if the session can be rescheduled or if it is forfeited. If the trainer reschedules, the trainer will make up the rescheduled session.

  • Training sessions will begin promptly at the time specified by the client and trainer and end one hour from that specified time. Client and trainer have a 15 minute grace period to arrive; otherwise, session is cancelled and will be forfeited or rescheduled.
    If for whatever reason, the trainer does not complete an appointment, it is the trainer’s responsibility to reschedule and complete the missed appointment.

  • Make-up sessions are granted at the will and discretion of the trainer; however, the trainer can only make up 3 appointments for a client per month to ensure business runs smoothly.

  • ALL make-up appointments MUST be scheduled and completed within 2 weeks of the missed appointment, NO EXCEPTIONS. Make-up sessions DO NOT roll into the next month.

  • Client understands and is fully aware that ALL IN-PERSON Training Packages are subscription based monthly reoccurring payments that are automatically debited from the card they put on file.

  • To cancel the client can email training@fintallyfit.com or cancel through the client portal 14 business days prior to the clients billing day; otherwise, the client is still responsible for the following billing cycle.

  • Client understands and is fully aware that training packages purchased through the website included an additional 4% processing fee to the based training fee.

  • Client MUST have an active card on file in the event of failed or missed cash payments. FINTALLY does NOT accept check payments.

  • Client authorizes FINTALLY LLC to automatically withdraw monthly training subscription payment from the card they have provided on file on the date agreed ( the 1st or the 15th) of each month.

    Client may request a date change 14 DAYS PRIOR to their assigned billing day.

  • In-person payments (cash & Zelle ) are due 7 DAYS PRIOR to the assigned billing day and do not require the 4% processing fee. If the payment is missed or delinquent, the card on file will be charged on the initial due date.

  • In the event a payment is delinquent, late, or charged back the client acknowledges and gives FINTALLY LLC the right to retry the payment 7 DAYS after days after the initial due date to keep the subscription in good standing.

  • In the event of a life emergency that does not allow the client to continue training, FINTALLY will hold and honor sessions that the client has paid for within 1 year of the incident. It is the client’s responsible to email training@fintallyfit.com if an event occurs.

  • In the event of failure to pay monthly training subscription or delinquency, the client accepts all legal and court fees, on behalf of both parties, in case of legal action to retrieve failed payments.

    I UNDERSTAND AND AGREE TO ALL THE PERSONAL TRAINING POLICIES AND PROCEDURES