The master contract that governs the trainer-client relationship.
This Personal Training Services Agreement (the "Agreement") is entered into as of the date signed below (the "Effective Date") by and between C3 Fitness LLC, a North Carolina limited liability company ("Trainer"), and the undersigned ("Client"). Trainer and Client are each a "Party" and collectively the "Parties."
1. Services
1.1 Trainer agrees to provide personal training services to Client (the "Services"), which may include, without limitation: fitness assessment, exercise program design, in-person and/or virtual training sessions, technique coaching, nutrition guidance (general, non-medical), accountability check-ins, and progress tracking.
1.2 The specific package, frequency, location, and price applicable to Client are set forth in the attached Schedule of Services, which is incorporated by reference into this Agreement.
1.3 Trainer is not a physician, physical therapist, registered dietitian, psychologist, or licensed medical professional. Nothing provided under this Agreement constitutes medical advice, diagnosis, or treatment. Client is solely responsible for obtaining medical clearance prior to commencing any exercise program.
2. Term and Renewal
2.1 This Agreement begins on the Effective Date and continues until all sessions in the applicable package are delivered, expired, or terminated under Section 7.
2.2 Sessions in any prepaid package expire ninety (90) days from the date of first session unless an alternate expiration is set forth on the Schedule of Services. Expired sessions are forfeited and are not refundable.
2.3 Recurring monthly subscriptions (e.g., Hybrid Coaching, Programming-Only) renew automatically on the same calendar day each month until cancelled by Client with at least fifteen (15) days' written notice prior to the next renewal date.
3. Fees and Payment
3.1 Client shall pay Trainer the fees set forth in the Schedule of Services. Fees are due in full prior to delivery of services or, in the case of monthly subscriptions, on the first day of each billing cycle.
3.2 Trainer accepts payment via credit card, debit card, ACH, and the payment processors used by Trainer (currently Stripe and/or Square). Client authorizes Trainer to charge Client's payment method on file for all fees due under this Agreement.
3.3 Returned payments, chargebacks, or declined cards are subject to a $35 administrative fee. Repeated declines may result in immediate suspension of Services.
3.4 Trainer may increase rates with sixty (60) days' written notice. Rate increases will not apply to sessions already prepaid; they will apply to all subsequent purchases and renewals.
4. Cancellation, Rescheduling, and No-Shows
4.1 Client may reschedule a session without penalty by providing at least twenty-four (24) hours' advance written notice (text or email).
4.2 Cancellations made with less than twenty-four (24) hours' notice forfeit the session at full charge.
4.3 No-shows (failure to appear within fifteen (15) minutes of the scheduled start time without notice) forfeit the session at full charge.
4.4 Trainer reserves the right to cancel a session due to illness, emergency, weather, or other circumstances beyond Trainer's reasonable control. In such cases, the session will be rescheduled at no additional cost to Client.
5. Refunds
5.1 All fees are non-refundable except as expressly provided in this Section.
5.2 If Client is medically prohibited from exercise by a licensed physician for thirty (30) days or more, Client may request, with written physician documentation, a credit toward future services equal to the unused portion of any prepaid package. Such credit shall not expire for twelve (12) months.
5.3 Refunds, if any, will be issued only at Trainer's sole and absolute discretion and shall not exceed the unused, prepaid portion of services.
6. Client Responsibilities
6.1 Client agrees to: (a) complete the Physical Activity Readiness Questionnaire (PAR-Q+) prior to the first session; (b) obtain and provide written medical clearance if recommended by the PAR-Q+ or by Trainer; (c) execute the Liability Waiver and Informed Consent; (d) disclose to Trainer all known medical conditions, injuries, medications, and physical limitations relevant to exercise; and (e) immediately inform Trainer during any session of pain, dizziness, shortness of breath, or any unusual physical sensation.
6.2 Client shall arrive on time, dressed appropriately for exercise, properly hydrated, and prepared to participate. Client shall not consume alcohol or non-prescribed substances within four (4) hours prior to a session.
7. Termination
7.1 Either Party may terminate this Agreement at any time, with or without cause, upon fifteen (15) days' written notice to the other.
7.2 Trainer may terminate this Agreement immediately, without notice or refund, in the event of: (a) Client's failure to pay; (b) Client's harassing, abusive, threatening, or unsafe behavior toward Trainer; (c) Client's misrepresentation of material medical information; or (d) Client's breach of any material term of this Agreement.
7.3 Upon termination, Client remains responsible for any fees accrued and unpaid as of the termination date.
8. Confidentiality
8.1 Trainer shall keep Client's personal, medical, and biometric information confidential and shall not disclose such information to third parties except: (a) as necessary to deliver the Services; (b) with Client's express written consent; or (c) as required by law.
9. Independent Contractor Relationship
9.1 Trainer is an independent service provider, not an employee, agent, or partner of Client. Trainer is solely responsible for Trainer's own taxes, insurance, and business operations.
10. Limitation of Liability
10.1 TO THE FULLEST EXTENT PERMITTED BY LAW, TRAINER'S TOTAL LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CLIENT TO TRAINER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10.2 IN NO EVENT SHALL TRAINER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
11. Indemnification
11.1 Client agrees to indemnify, defend, and hold harmless Trainer, C3 Fitness LLC, and their respective officers, members, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) Client's use of the Services; (b) Client's breach of this Agreement; or (c) Client's negligent or willful misconduct.
12. Governing Law and Dispute Resolution
12.1 This Agreement is governed by the laws of the State of North Carolina.
12.2 The Parties shall first attempt to resolve any dispute through good-faith negotiation. If unresolved within thirty (30) days, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Wake County, North Carolina.
12.3 EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT.
13. Miscellaneous
13.1 This Agreement, together with the Schedule of Services, the Liability Waiver, the Informed Consent, the PAR-Q+, the Cancellation Policy, and any executed Photo Release, constitutes the entire agreement between the Parties.