Personal Training and Wellness Services Agreement
This Personal Training and Wellness Services Agreement (the “Agreement”) is entered into and made effective on (date), by and between Aetro DC LLC, a Delaware corporation (“DBA Thesis”), and the Client (“Client”).
(Client and Aetro DC LLC are referred to herein collectively as the “Parties” or individually as a “Party.”)
Recitals
WHEREAS, Aetro DC is a company engaged in in-person personal training and wellness services;
WHEREAS, Client seeks to engage Aetro DC LLC to provide the Services for Client; and
WHEREAS, Client and Aetro DC LLC wish to enter into this Agreement to define the terms and conditions governing their business relationship, as well as the Parties’ respective rights and obligations.
NOW THEREFORE, in consideration of the mutual promises set forth below, the Parties agree as follows:
1. Introduction & Description of Services
a. Thank you for choosing Aetro DC LLC (DBA Thesis) for your personal training and wellness needs.
This Agreement sets forth the terms and obligations between Aetro DC LLC (DBA Thesis), the company providing the Services, and you, our client.
b. All terms and obligations contained in this Agreement are legally binding.
Your use of our Services and signature below constitutes acceptance of all terms contained herein.
2. Performance of Services
a. Client acknowledges that he/she is hiring Aetro DC LLC (DBA Thesis) and not a specific person within the Company.
Aetro DC LLC reserves the right to change the person or persons providing the Services.
b. At all times, Aetro DC LLC shall act in accordance with all applicable laws, rules, and regulations.
The Company represents and warrants that it has the necessary skills and experience to provide the Services efficiently and effectively.
3. Payment & Payment Terms
a. All goods and services will be paid for in advance unless both Parties agree to an installment-based payment plan.
All goods and services are non-refundable.
b. The Company reserves the right to stop Services in the event of payment issues or non-payment.
c. All invoices or past-due amounts shall accrue interest at 1% per month until paid in full (“Late Fee”).
The Company may send past-due amounts to collections and may charge Client for all associated collection costs, including attorney’s fees.
d. By providing payment information, Client represents that:
- The information is accurate
- Client is authorized to use the payment method
- Client will notify the Company of any changes
Client authorizes the Company to charge all incurred fees for Services.
4. Cancellation Policy
a. Session Cancellation
- Free cancellation is allowed up to 24 hours before the scheduled session.
b. Written Notice Required
All cancellations or changes must be made in writing and sent to:
Oral notifications are not valid.
c. Late Arrivals
If Client is running late, Client must contact the Company.
The Company is not obligated to extend the session.
d. No-Show Policy
If Client misses more than 50% of the session, it will be considered a no-show.
e. Rescheduling
Availability cannot be guaranteed, but the Company will make best efforts to accommodate schedule changes.
5. Term / Termination
a. This Agreement begins on the Effective Date and continues until terminated in writing by either Party.
b. Termination does not relieve Client of payment obligations for Services already performed.
6. Information is Not Medical Advice
a. The Company is not a healthcare provider.
No information communicated by the Company substitutes for medical advice.
Clients should consult a physician for medical conditions.
b. Exercise, wellness, and nutrition advice is for general informational purposes only.
7. Additional Client Responsibilities
Client is responsible for:
- Ensuring ability to engage in physical activity
- Consulting a doctor if desired
- Informing the Company of injuries or conditions
- Informing the Company of allergies or dietary restrictions
Workouts and plans are optional and performed at Client’s own pace.
Client must judge personal ability and take breaks when needed.
8. Damage Caused by Client
In the unlikely event Client damages equipment or facilities owned, leased, or licensed by the Company, Client may be held liable for all associated repair or replacement costs.
9. Client Submissions
If Client submits creative ideas, workouts, plans, diets, videos, or other materials (“Submissions”), Client agrees that the Company may:
- Edit
- Copy
- Publish
- Distribute
- Translate
- Use in any medium
The Company has no obligation to maintain confidentiality, provide compensation, or respond.
Client agrees Submissions will not violate third-party rights.
Consent to Photographs / Likeness
(Section heading included for future expansion.)
10. Relationship of Parties
The Company is an independent contractor, not an employee of Client.
Nothing in this Agreement creates an employment, partnership, or joint venture relationship.
11. COVID-19 Waiver
By attending in-person sessions, Client acknowledges:
- Sessions occur during the COVID-19 pandemic
- Exposure risk exists
- Client voluntarily assumes all related risks, including serious illness or death
12. Confidentiality
a. The Company may have access to confidential Client information (“Confidential Information”).
b. The Company agrees not to disclose Confidential Information except:
- With Client’s written consent
- As required by law
- As necessary to perform Services
13. Limitation of Liability
a. The Company is not liable for special, incidental, indirect, punitive, or consequential damages.
b. The Company’s maximum liability shall not exceed the Compensation paid by Client.
14. No Guarantee
The Company makes no guarantees regarding Client’s fitness or health results due to variables outside the Company’s control.
15. Disclaimer
Services are provided “AS IS.”
To the extent permitted by law, the Company excludes all warranties, including:
- Merchantability
- Fitness for a particular purpose
- Satisfactory quality
16. Dispute Resolution
a. Except for non-payment disputes, all disputes shall be resolved through binding arbitration.
b. Arbitration will take place in Washington, D.C. through JAMS.
c. The prevailing Party may recover attorney’s fees and costs.
17. General Provisions
- Notices: Must be in writing
- Entire Agreement: Supersedes all prior agreements
- Amendment: Must be written and signed
- Assignment: Requires consent
- Waiver: Failure to enforce is not a waiver
- Applicable Law: Washington, D.C. law governs
- Severability: Invalid provisions do not affect the rest
- Binding Nature: Applies to heirs, successors, assigns
- Counterparts: Agreement may be executed in multiple copies
Acknowledgment
IN VIEW OF THE FOREGOING, the Parties acknowledge their understanding of and agreement with the terms of this Agreement.
