Terms and Conditions.

Terms and Conditions. Upon payment with Kristin Tullo Fitness, LLC clients are in agreement with the following terms and conditions.

  1. The Client is engaging the Company for small group training services to be provided by Kristin Tullo Fitness, LLC

  2. Small group sessions will last 50 minutes.

  3. The Client agrees to inform the Company and its Trainer(s) of any and all conditions, medical or otherwise, that may affect the Client’s ability to participate in Training Sessions.

  4. Training Sessions. Training Sessions may include, but are not limited to, the following activities: testing of physical fitness; exercise; aerobics and aerobic conditioning; cardiovascular training; weight lifting and training; and stretching.

  5. Training Package and Payments. The Client is purchasing 6 small group training sessions .  The Client is to pay for all of the Training Sessions upon the execution of this agreement. All Training Sessions must be used within the given dates of class assigned unless otherwise stated in writing by Kristin Tullo Fitness, LLC.

  6. Cancellation of Training Session. The Client will be charged the full rate for any missed Training Session. The Company and its Trainer(s) will endeavor to provide the Client twenty-four (24) hour notice of any scheduled Training Session that may need to be cancelled; however, there may be instances where this is not practicable, and such would not constitute breach of this Contract on behalf of the Company. If Trainer is forced to cancel any session, session will be carried over to a new assigned date for all Clients.

  7. Indemnity. The Client agrees to indemnify and hold harmless the Company and its Trainer(s) for any injuries, illnesses, and the like experienced as the result of the Client’s Training Sessions. 

  8. Termination. Either Party may terminate this Contract at the end of sessions. No refunds, partial or otherwise, will be provided by the Company. 

  9. Warranties. While the Company and its Trainer(s) fully believe exercise, specifically exercised personalized to the Client, is beneficial to the Client’s health and wellness, the Company and its Trainer(s) cannot guarantee the results of Training Sessions. The Company and its Trainer(s)  make no representations and/or warranties that the Client will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results. The Company and its Trainer(s) strongly encourage the Client to follow a healthy diet in conjunction with personal training and continued exercise.

  10. Entire Agreement. This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered, or supplemented except in writing signed by both the Company and the Client.

  11. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

  12. Legal and Binding Contract. This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Contract.

  13. Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

  14. Waiver. The failure of either Party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

  15. Applicable Law. This Contract shall be governed and construed in accordance with the laws of the state where the Training Sessions will occur, without giving effect to any conflicts of laws provisions. 

THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THESE CONDITIONS AND THAT THE CLIENT IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.