Terms + Conditions
The words “you” and “your” refer to Member, and “we”, “us” and “our” refer to The Fittest Me, (hereinafter referred to as “TFM”).
Electronic Funds Transfer (EFT) Agreement
By signing below, Member agrees that monthly payments shall be made by electronic deduction from Member’s checking, savings, or other account, or by electronic charges against Member’s credit card. Member agrees to execute and deliver all documents necessary for TFM to process Member’s ACH/EFT payment.
Membership Options & Payment:
TFM is a fitness studio that offers:
personal training (1:1)
high intensity interval training (hereinafter referred to as “HIIT classes”)
Rates (as of 2019) are subject to modification and may be changed at the sole discretion of TFM:
Personal training hourly rate - $79 (note: this rate applies not only to 1:1 personal training, but also 1:2, 1:3, or 1:4 if during an established personal training time slot).
Semi-private training hourly rates per participant - $68 for 1:2; $57 for 1:3, $49 for 1:4 (note: these rates apply to pre-established, and mutually agreed upon time slots)
HIIT classes unlimited - $209/month (class limit=15) (approx. $8.71/class)
HIIT classes 12 visits/mo - $189/month (class limit=15) (approx. $15.75/class)
Nutrition coaching monthly rate - $149
Payments required by this Agreement are to be paid monthly and shall not be paid more than one (3) months in advance.
A Member who is not current on his/her payments the fifth day after the monthly payment date will not be allowed to participate in classes.
Our rates as listed above are subject to an annual increase of no less than 2% and no more than 5%, effective as of January 1st of each year.
A written notice will normally be given as a courtesy within the four weeks prior to the increase. If, however any individual does not receive that notice, or the letter fails to be sent, this agreement will remain in full force.
Member agrees that he/she will maintain membership and pay the dues specified above for a minimum term of 1 month (together with any extensions or renewals, the “Term”). Member further agrees that he/she will be liable for dues for the entire Term in the amounts as stated herein regardless of usage or any change of circumstance.
After the initial one month term has expired, this Agreement shall automatically continue from month to month at the prevailing membership rate, which is subject to change by TFM. Once a Member has a month to month term, the Member may cancel this Agreement by providing TFM (30) day notice of cancellation. The cancellation must be completed by: first scheduling a Cancellation Appointment through the link located at the footer of our website: https://www.thefittestme.net; and second, coming in at the appointment time to sign the cancellation in person. Member is responsible for all charges billed or incurred prior to the final day of the payment period after the final payment.
The Member confirms and agrees that the membership benefits are exclusive to the Member and are in no way transferable to anyone else.
If the Member fills in and executes the EFT authorization above, the Member authorizes TFM to transfer electronic funds on a recurring basis from the checking, savings, or credit card account specified above for Member’s membership dues. This authorization is to remain effective until TFM has collected for all charges assessed in connection with the terms and conditions of this Agreement.
The Member may cancel this Agreement within three business days, exclusive of holidays and weekends, from the Contract Date below and receive a refund of all payments made to TFM, except that TFM may retain an amount computed by dividing the number of occasions services are to be rendered into the total Contract price and multiplying the result by the number of occasions that services have been rendered. A refund shall be issued within 30 days after receipt of the written notice of cancellation made within the 3 day rescission period. Other than the “cancellation within three days,” all other cancellations require 30 days written notice and are not accepted by phone. ALL cancellations MUST follow these steps. The cancellation must be completed by: first scheduling a Cancellation Appointment through the link located at the footer of our website: https://www.thefittestme.net; and second, coming in at the appointment time to sign the cancellation in person. The only acceptable alternative is that the Member may cancel by mailing to our business address a Registered and signed letter stating the intent and reason for cancellation. Note that verbal, email, and text message cancellations will absolutely not be accepted. Such a notice of cancellation from the Member shall also terminate automatically the Member’s obligation to any entity to whom TFM has subrogated or assigned the Member’s Agreement as provided below. Once Member’s 30 day written notice has been submitted, Member shall have one monthly payment remaining, depending on the date on which the cancellation notice is given. No prorating of payments will be made, and TFM does not hold or freeze Agreements.
This Agreement may be cancelled if this facility moves more than eight miles from its current location, or goes out of business and fails to provide within 30 days alternate facilities of equal quality within eight miles of the location designated in this Agreement at no additional cost to the Member. The business location of TFM shall not be deemed out of business when temporarily closed for repair and renovation of the premises; upon sale of the business, for not more than 14 consecutive days; or otherwise for not more than seven consecutive days and not more than two periods of seven consecutive days in any calendar year.
If the Member dies or becomes physically unable to avail themselves of a substantial portion of the services offered, TFM shall refund funds paid or accepted in payment of this Agreement in an amount computed by dividing the Agreement price by the number of weeks in the Term and multiplying the result by the number of weeks remaining in the Term. A physical disability sufficient to warrant cancellation of this Agreement by Member shall be established if Member furnishes to TFM a certification of such disability by a physician licensed under Georgian Statutes to the extent the diagnosis or treatment of the disability is within the physician’s scope of practice.
Any cancellation of a Personal Training or Semi-Private session requires 24 hour notice. If cancellation occurs within 24 hours prior to session, Member will be charged for full price of the session or it will count as a used session. This will be determined by TFM.
The Member acknowledges and agrees as follows:
1. The Member has chosen to enter into our or any of the program(s) and classes developed and offered by TFM.
2. The Member will comply with all the rules and regulations of TFM, which rules and regulations may be provided to Member in writing, or may also be provided online through the TFM website at www.thefittestme.net.
3. The Member hereby agrees that if TFM is unable to process my payment from the designated account provided by Member, TFM is permitted to use any of the other accounts information provided as many times and as often as needed to replace the unpaid payments and service charges that come due under this Agreement.
4. The Member’s failure to attend classes does not relieve the Member of the obligation to pay the full tuition for the program or phase in which the Member is currently enrolled.
5. The Member acknowledges receiving a copy of this Agreement.
6. The Member understands his/her rights and obligations as stated herein. The Member confirms that he/she is at least eighteen years old (unless otherwise indicated below) and that the Member has read and understood this Agreement, including the Acknowledgement, Waiver and Release provided with this Agreement, and Member is aware that by signing this Agreement and the Acknowledgement, Waiver and Release, the Member is waiving certain legal rights, including the right to claim damages which the Member or his/her heirs, executors, administrators, successors, representatives or assigns may have against TFM.
Training Program General Information:
The hours of operation will be set by TFM and may be changed at its sole discretion. In addition, TFM reserves the right to make or change rules and regulations for the operation and use of the facility. TFM also reserves the right to add, eliminate, substitute, or alter any training program, class, trainer, employee, equipment, furniture or fixture, when deemed necessary or desirable. No refunds will be given based on the termination or resignation of any employee. The Member understands that TFM may experience increased attendance at various times during the year and at peak periods of the day. The Member expressly agrees that TFM shall not be liable for breach of this Agreement if the Member encounters overcrowding during the term of this Agreement.
Other than the event of permitted cancellations described in this Agreement, Member shall not be excused from the obligation to make any required payment in accordance with this Agreement, and Member may not reduce the amount of any required payment for any reason including the Member’s failure to attend classes.
Waiver and Release:
The Member hereby acknowledges receipt of the TFM Waiver and Release and has executed the same.
THE MEMBER ACKNOWLEDGES THAT HE/SHE HAS RECEIVED AND EXECUTED THE TFM ACKNOWLEDGEMENT, WAIVER AND RELEASE (THE “WAIVER”). MEMBER CONFIRMS THAT HE/SHE HAS CAREFULLY REVIEWED THE WAIVER AND FULLY UNDERSTANDS THAT IT IS A RELEASE OF ALL LIABILITY, IN ADDITION.
Use of Premises:
It is always advised to obtain a physical exam with your physician prior to the start of any exercise program. The Member agrees that he/she will not use TFM’s facilities and attend TFM’s classes with any medical condition, including open or seeping wounds, infections, maladies or inability to maintain personal hygiene, if such condition poses a direct threat to the health or safety of the Member or others. TFM reserves the right to deny access due to medical necessity.
Rules and Regulations:
The Member agrees to follow all rules and regulations now in force or in the future adopted by TFM including but not limited to hours of operation, use of equipment, services, club premises, personal hygiene and attire. TFM reserves the right to revoke a Member’s remaining unused sessions or classes, without refund, if the Member fails to follow any rules or regulations, for reasons of nuisance, disturbance of others, moral turpitude or fraud, or if TFM determines that a Member’s actions may endanger him/herself or others. If training sessions or membership is revoked, a Member’s obligations to make payments under this Agreement continue as scheduled.
Governing Law & Severability:
This Agreement will be governed by the laws of Georgia. In the event of any action arising out of this Agreement, the prevailing party in any such litigation shall be entitled to reimbursement of his/her/its reasonable attorneys’ fees and costs associated with said action. If any portion of this Agreement is held invalid or unenforceable, the remaining portions of this Agreement, if applicable, shall remain in full force and effect.
Consumer Credit Notice and Limitation of Liability:
Recovery of any relief or damages by a Member hereunder shall not exceed amounts paid by the Member to TFM. This Agreement is subject to all applicable Federal, State, and local laws and regulations. Should the Member choose to pay for more than one month of this Agreement in advance, the Member may be risking the loss of his/her money in the event that TFM ceases to operate. TFM is not required by Georgia law to provide any security, and there may not be other protections provided to you should you choose to pay in advance.