Photographs, Videos & Recordings
I hereby grant permission to Beauty & the Beast Mode LLC & its representatives to take photographs or videos of me & to make recordings of my voice.
I further grant to the producers & their representatives the right to reproduce, use, exhibit, display, broadcast & distribute & create derivative works of these images & recordings in any media now known or later Developed. I acknowledge that Beauty & the Beast Mode LLC D/B/A Beauty & the Beast Mode Fitness Studio owns all rights to the images & recordings.
Waiver, Indemnity & Release
I hereby waive any right to inspect or approve the use of the images or recordings or of any written copy. I further waive all moral rights. I also waive any right to royalties or other compensation arising from or related to the use of the images, recordings, or materials. I hereby release, defend, indemnify & hold harmless the producers from & against any claims, damages or liability arising from or related to the use of the images, recordings or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. I am 18 years of age or older & I am competent to contract in my own name. I have read this document before signing below, & I fully understand the contents, meaning & impact of this consent, waiver, indemnity & release. This consent, waiver, indemnity & release is binding on me, my heirs, executors, administrators & assigns.
In consideration of being allowed to participate in the activities & programs offered by Beauty & the Beast Mode LLC, & to use its programs & training, in addition to the payment of any fee or charge, I do hereby waive, release & forever discharge & hold harmless Beauty & the Beast Mode LLC & its trainers, officers, agents, & employees from any & all responsibility, liability, cost & expenses, including injuries or damages, resulting from my participation in any activities, or my use of any programs designed by Beauty & the Beast Mode LLC. I do also hereby release Beauty & the Beast Mode LLC its trainers, officers, agents & employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to myself, or in any way arising out of or connected with my participation in any activities with Beauty & the Beast Mode LLC or the use of any equipment of Beauty & the Beast Mode LLC.
I understand & am aware that strength, flexibility, & aerobic exercise, including the use of equipment are a potentially hazardous activity. I also understand that fitness activities involve a risk of injury & even death, & that I am voluntarily participating in these activities & using equipment & machinery with knowledge of the dangers involved. I hereby agree to expressly assume & accept any & all risks of injury or death related to said fitness activities.
I do hereby further declare myself to be physically sound & suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent my participation or use of equipment or machinery except as hereinafter stated. I do hereby acknowledge that Beauty & the Beast Mode LLC has recommended to me that I obtain a physician’s approval for my participation in an exercise/fitness activity or in the use of exercise equipment & machinery. I also acknowledge that Beauty & the Beast Mode LLC has recommended that I have a yearly or more frequent physical examination & consultation with my physician as to physical activity, exercise & use of exercise & training equipment so that I might have his/her recommendations concerning these fitness activities & equipment use. I acknowledge that I have either had a physical examination & been given my physician’s permission to participate, or that I have decided to participate in activity & use of equipment, machinery, & programs designed by Beauty & the Beast Mode LLC without the approval of my physician & do hereby assume all responsibility for my participation & activities, & utilization of equipment & machinery in my activities. In addition, I hereby represent & warrant that I am currently covered by an accident & health insurance policy.
I also agree that results are not guaranteed & agree not to hold Beauty & the Beast Mode LLC staff liable for any outcomes or a lack thereof.
We would like to remind you that it is your responsibility to make certain that your exercise program is the right one for you. You must consult with your physician before beginning or modifying any exercise regime. By signing below, you hereby represent, warrant & agree as follows:
1. You are in good health & have notified us of any pre-existing medical conditions that you have.
2. The storage of valuables is at your own risk.
3. You expressly agree & promise to accept & assume all of the risks associated with the activities
performed with Beauty & the Beast Mode LLC. Your participation in this activity is purely voluntary & you elect to participate in spite of any risks.
4. You hereby warrant that you will indemnify & hold harmless Beauty & the Beast Mode LLC & its affiliates, & its & their shareholders, members, officers, directors, employees, agents, representatives, successors & assigns from any & all claims, demands, actions, & causes of action, including personal injury, & all other liability whatsoever, arising out of your participation in the Beauty & the Beast Mode LLC training program &/or use of the equipment located at the Beauty & the Beast Mode LLC facility, including, without limitation, any & all violation(s) of codes, statutes, licensing requirements or registrations of the state in which the Beauty & the Beast Mode LLC facility is located, whether known or unknown as of the date hereof.
5. Should Beauty & the Beast Mode LLC, or anyone acting on their behalf, be required to incur attorneys’ fees & costs to enforce this agreement, you agree to reimburse all such fees & costs.
6. In the event that you file a lawsuit against Beauty & the Beast Mode LLC, you agree to do so solely in the state of Pennsylvania & further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
Indemnification. I have given Beauty & the Beast Mode LLC all necessary information about myself to prevent any possible complications in connection with my participation in the Training & Nutritional program. I agree to allow Beauty & the Beast Mode LLC to develop diet guidelines for me to enhance my health & fitness goals. I will follow the program to the best of my ability. I will not hold Beauty & the Beast Mode LLC or any related persons or parties liable for any problems, illnesses, or injuries that might occur due to a change in my eating habits. I understand that the Beauty & the Beast Mode LLC staff members are not registered or licensed dietitians, nor are they medical practitioners. These guidelines do not replace the expert advice or medical treatment of my own private doctor.
PARTICIPANT’S AGREEMENT, RELEASE & ACKNOWLEDGEMENT OF RISK
I hereby warrant that I will indemnify & hold harmless Beauty & the Beast Mode LLC, known hereafter as (“the Sellers”), & Beauty & the Beast Mode LLC’s affiliates, & its & their shareholders, members, officers, directors, employees, agents, representatives, successors & assigns from any & all claims, demands, actions, & causes of action, including personal injury, & all other liability whatsoever, arising out of the use of the Training & Nutritional program, including, without limitation, any & all violation(s) of Codes, Statutes, Licensing Procedures, Licensure Examinations &/or Registration Requirements, of the state in which the Beauty & the Beast Mode LLC program is being offered, which govern the practice of dietetics &/or weight management &/or nutritional counseling &/or advise, whether known or unknown to me at the time of purchase & subsequent use.
My signature below confirms that I have agreed to be bound by the terms of the indemnification & hold harmless agreement & I am contractually bound to indemnify the Sellers & its agents, directors, officers, employees & the individuals named in paragraphs preceding, & such obligation includes the responsibility to pay any & all costs & attorney’s fees which may be incurred in defending its agents, directors, officers, employees & individuals named in the paragraphs preceding.
By signing this Agreement, I acknowledge that I have read, understood, and agreed with all terms and conditions as outlined on the liability waiver and services and payment agreement. By your signature below, you acknowledge that you have read the foregoing, understand it & agree to the terms.
Congratulations on your choice of health & wellness
This AGREEMENT for Personal Training Services is made this Between BEAUTY AND THE BEAST MODE LLC (hereinafter, “Trainer”) & you (hereinafter, Client).
With the help of your personal trainer, you greatly improve your ability to accomplish your training goals faster, safer, and with maximum benefits. The details of these training sessions can be used for a lifetime. In order to maximize progress, it will be necessary for you to follow program guidelines during supervised and (if applicable) unsupervised training days. Remember, exercise and healthy eating are EQUALLY important! During your exercise program, every effort will be made to assure your safety. However, as with any exercise program, there are risks, including but not limited to increased heart stress and the chance of musculoskeletal injuries. In enrolling for this program, you agree to assume responsibility for these risks and waive any claim for personal damage. You also agree that, to your knowledge, you have no limiting physical conditions or disability that would preclude an exercise program. By signing below, you accept full responsibility for your own health and well-being AND you acknowledge an understanding that no responsibility is assumed by BEAUTY AND THE BEAST MODE LLC . It is recommended that all program participants work with their personal trainer three (3) times per week and follow the Optavia Program for optimal weight loss results. It is imperative that you follow and track your training and nutrition, your results will be affected if you deviate from the program.
The parties to this Agreement mutually agree as follows:
1. Trainer is not a medical professional and is without expertise to diagnose medical conditions or impairments. Client agrees to promptly and fully disclose to Trainer any injury, condition or impairment which may have a deleterious effect on or be impacted by this training program and the Trainer’s decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the Client, the Trainer or others shall be conclusive.
2. Client certifies that: a) He/she is physically capable of participating in a strength, flexibility and aerobic training exercise program and using the equipment associated with such training; and b) he/she is over the age of eighteen (18); and c) he/she has either (I) had a physical examination and been given a physician’s permission to participate in this training program; or (ii) decided to participate in this training program without the approval of a physician.
3. This training program will involve physical activity and, as appropriate, use of certain equipment and machinery. Such activities may present a risk of injury or even death. Client voluntarily agrees to participate in these activities and to assume all risk of personal injury, death and property damage resulting from such activities, use of equipment, machinery or public or private facilities.
4. Client agrees on behalf of him/herself and his/her personal representatives or heirs to release and discharge Trainer, its agents, representatives, successors and assigns from any and all claims or causes of actions (known and unknown) arising out of this training program including without limitation injury or loss resulting from Client’s use of any equipment or facilities which break or malfunction.
5. No implied warranties or representations are made other than those expressly contained herein, and this document contains all of the terms of the Agreement between the parties. Trainer expressly notes that results will differ for clients based upon various factors including without limitation; body type, nutrition, etc. and no guarantees of results are possible.
6. Client may not assign this personal service contract. Trainer may only assign this Agreement to a related entity.
7. Trainer retains the right to terminate this Agreement for any reason including without limitation to Client’s failure to follow direction or conduct contrary to the interests of this Agreement. In the event of termination as set forth herein, This Agreement may be executed induplicate and a copy shall be considered as effective as an original. Client and Trainer agree, by their signatures on page 4.
Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of Client. This Agreement shall be governed and enforced in accordance with the laws of Pennsylvania and the County of Delaware.
TERMS & CONDITIONS
• I understand that BEAUTY AND THE BEAST MODE LLC operates on a pre-pay basis and all programs must be paid for in advance via recurring card payment.
• BEAUTY AND THE BEAST MODE LLC to bill me via my credit/debit card for the agreed program with a minimum commitment of 2 months.
• Once a deposit or payment is made on a program any money paid is non-refundable unless severe injury or illness happens. Proof of this will have to be given to receive any refunds. Cancellation of these is conditions is at the discretion of Beauty and the Beast Mode LLC.
• I understand if I miss sessions these cannot be carried over into future months.
• I understand the results from the coaching are only effective if my effort, cooperation and ability to follow advice in and out of sessions is completely fulfilled. I acknowledge that individual results may vary.
• I understand that there are inherent risks in participating in a program of strenuous exercise. If I sustain or claim to have sustained any injury whilst participating in the fitness program, I acknowledge that BEAUTY AND THE BEAST MODE LLC is not responsible.
• I certify that questions outlined on the PAR-Q form are true and complete to the best of my knowledge. I understand and agree that it is my responsibility to inform BEAUTY AND THE BEAST MODE LLC of any conditions or changes to my health.
FACILITY USAGE: Failure of a client/member to use BEAUTY AND THE BEAST MODE LLC Inc. facilities does not relieve the member/client/buyer of member’s/client’s/buyer’s obligation to make monthly payments as outlined in the Agreement for Personal Training & Fitness Services.
REFUNDS: The member/client/buyer acknowledges and agrees that BEAUTY AND THE BEAS TMODE OPERATING COMPANY LLC has earned the membership fee and monthly payments as outlined in this agreement and that notwithstanding any voluntary withdrawal or proper cancellation, suspension of membership or service program or the failure of the client/member to take advantage of the privileges of services/membership for any reason whatsoever. The member shall not be at any time entitled to a refund of all or any part of monies paid and shall remain liable for any part thereof not yet paid at any time in accordance with any and all program details represented in this agreement.
CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of this Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, BEAUTY AND THE BEAST MODE LLC shall have all rights and remedies available to it, including termination of this Agreement and institution of legal and collections action for all applicable damages pursuant to this Agreement. If BEAUTY AND THE BEAST MODE LLC delays or refrains from exercising any rights under this Agreement, BEAUTY AND THE BEAST MODE LLC does not waive or lose those rights. If BEAUTY AND THE BEAST MODE LLC accepts late or partial payments from Client, BEAUTY AND THE BEAST MODE LLC does not waive the right to receive full and timely payments and other charges due under this Agreement.
CLIENT CONSENT: Client consents to and releases BEAUTY AND THE BEAST MODE LLC from any liability resulting from BEAUTY AND THE BEAST MODE LLC, Inc.’s use of Client’s name and likeness in BEAUTY AND THE BEAST MODE LLC advertising, promotional and marketing materials, client lists, Web Site, and/or other public relations documents.
LAW, ARBITRATION & ATTORNEY’S FEES: This Contract shall be construed under Pennsylvania law and any and legal actions shall be in Delaware County Pennsylvania. Any controversy between the parties arising out of this Agreement that cannot be resolved shall be arbitrated in the State of Pennsylvania. The costs of the arbitration, including, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. In the event that any dispute between the parties should result in arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action or arbitration and shall be paid whether or not such action is prosecuted to judgment. For purposes hereof, “prevailing party” shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate of interest allowed by law.
By signing this Agreement, Client acknowledges that Client has read, understood, and agreed with all terms and conditions on both the front and reverse sides of this Agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and BEAUTY AND THE BEAST MODE LLC, and independently owned and operated facility. BEAUTY AND THE BEAST MODE LLC has made no express or implied warranties or representations other than those expressly set forth in this Agreement
To Train Effectively & Efficiently the Following terms and Conditions Apply:
1. Personal training sessions that are not rescheduled or canceled 24 hours in advance will result in forfeiture of the session and a loss of the financial investment at the rate of one session.
2. Clients arriving late will receive the remaining scheduled session time, unless other arrangements have been previously made with the trainer.
3. If a client is more than ten minutes late for a training session and has not notified The Trainer, the Client will be considered a no show and The Client will be charged for the session without participating. If this happens consistently loss of a time slot and / or training may occur.
4. Rescheduling a session time slot will be accommodated on a first come first serve basis. It is important for a client to have a consistent schedule.
5. If you need to reschedule occasionally that is okay. However, if it is on a consistent basis it may result in the loss of your time slot.
6. The expiration policy requires completion of all ala carte personal training sessions within 60 days from the date of the contract. Personal training sessions are void after this time period.
7. The expiration policy requires completion of all monthly membership personal training sessions within 28 days from the date of the contract. Personal training sessions are void after this time period.
8. No refunds for personal training or any services provided by BEAUTY AND THE BEAST MODE LLC will be issued for any reason, including but not limited to relocation, illness, injury, and unused sessions.
9. Clients arriving 10 minutes late may be turned away from that session.
10. Small Group Schedule subject to change without notice.
11. Beauty and the Beast Mode Fitness reverse the right to pull you from small group training for safety reasons.
By signing this Agreement, I acknowledge that I have read, understood, and agreed with all terms and conditions as outlined in this agreement. By your participate in any of our programs you you acknowledge that you have read the foregoing, understand it & agree to the terms.