1. CLIENT’S RIGHT TO CANCEL TRAINING SERVICES:
You may cancel this contract without any penalty or further obligations within three (3) days from the date of your agreement with CYB FITLAB. Notice of cancellation shall be provided in writing by Buyer/Client in person, or mailed by registered or certified United States mail to CYB FITLAB at 3098 PIEDMONT ROAD NE, 1st Floor, Atlanta, GA 30305. All funds paid pursuant to such contract shall be refunded within fifteen (15) business days of receipt of such notice of cancellation.
2. ADDITIONAL CANCELLATION RIGHTS:
You may also cancel this Agreement by providing written notice in person to the training studio, or by registered or certified mail for any of the following reasons:
A) If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six (6) months;
B) If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing;
C) If you move your residence more than twenty-five (25) miles from the training studio operated by CYB FITLAB, (and must provide satisfactory proof of new residence);
D) If, within the first twelve (12) months of your service membership (purchase), your employment is involuntarily terminated without cause (must provide a letter from former employer confirming termination of employment and reason for termination);
E) If the services of the training studio, CYB FITLAB, cease to be offered as stated in the contract.
All funds, except the amount used for services rendered, paid pursuant to such contract cancelled for the reasons in this paragraph shall be refunded provided however, that CYB FITLAB may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided, that CYB FITLAB may demand the reasonable cost of goods and services which the Client consumed or wishes to retain after cancellation of the contract. In no instance shall CYB FITLAB demand more than the full contract price from the Client. If the Client has executed any credit or loan agreement to pay for all or part of the training studio services, such negotiable instrument executed by the Client shall also be returned within fifteen (15) days. Member/Client shall be responsible for retaining (and presenting, if necessary) all records relating to any cancellation of this Agreement.
3. CLIENT’S HEALTH WARRANTY:
Member and/or Buyer represent that Member is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise, or which would cause increased risk, or injury, or adverse health consequences as a result of use of the facility or in any manner while training with a personal trainer at CYB FITLAB. The Liability Waiver signed by the Buyer and/or Client provides information stating the knowledge of what to expect, and clearly answers all questions asked of the Buyer and/or Client.
4. RULES, REGULATIONS, AND SCHEDULES:
Member agrees to abide by all the training studio rules, regulations and schedules, which may be posted at CYB FITLAB, or issued orally, and which may be amended from time to time, at CYB FITLAB’s sole discretion.
5. TRANSFERS OF TRAINING PACKAGE AND REFUNDS:
Training packages may not be transferred for other services. All sales are final and no refunds are granted after the cancellation period listed above.
6. CANCELLATION POLICY:
Clients may cancel or change the time of the session at least twenty-four (24) hours before personal training appointment, or twelve (12) hours before a group class prior to their previously scheduled session or group class. Client will be charged for the full cost of the session on any late cancellations or no-show appointments.
7. PAYMENT FOR CHARGES FOR OTHER GOODS AND SERVICES:
Client has provided CYB FITLAB with its credit card or other financial institution information for the purpose of paying for goods and services which Buyer/Client may purchase at CYB FITLAB. These other charges may include fees for personal training, and/or group fitness training sessions, retail apparel and other similar items, and food and beverage items. Buyer/Client recognizes and agrees that CYB FITLAB will maintain this information in its files and acknowledges CYB FITLABs right to charge the credit card or other account of this Agreement at any time and from time to time during the term of the agreement.
Payment for sessions is required to be made by the Client on or before the date of the session being rendered. If payment is not otherwise made by the Client, charges for late cancellations or no show appointments for sessions will be charged to the Client’s credit card or other account which is on file with CYB FITLAB. In addition, charges for sessions which are used by a Client but not otherwise paid for will be charged to the Client’s credit card or other account which is on file with CYB FITLAB on the day on which the session is used. All fees or declined transactions will be charged using the card on file.
9. INSTALLMENT PAYMENT PLAN:
CYB FITLAB offers clients the ability to make installment payments without any fees included. All agreed upon installment plan payments must be set up for auto pay on the 1st or the 15th, whichever is second from the initial payment, and will be charged at 12am on the agreed upon payment.
10. TRAINING CONTRACTS:
CYB FITLAB offers clients different periodic (Monthly, Quarterly, Bi-Annual, or Annual) contract agreements at which the contract automatically renews on the day after the expiration date, and restarts a new agreement. Cancellation of any future renewals of should occur fifteen (15) days prior to the end of the current agreement. Cancellation can be a written notice via email, orally, or via registered US mail. Please note that prorated contracts are calculated by management at CYB FITLAB for the amount of sessions being used in the remainder of the month. At no point will CYB FITLAB associates or management charge for an entire month if a portion of that month has passed prior to starting a contract. Proration is calculated by the agreed upon number of sessions that can be completed in the remainder of the month.
CYB FITLAB offers clients the ability to workout on site at CYB FITLAB for an additional charge. You agree to make monthly payments on the 1st or the 15th of each month with your membership of choice.
12. UNPAID BALANCES, DECLINED TRANSACTIONS AND INSUFFICIENT FUNDS CHARGES:
Clients will not be permitted to use the training facility until all fees and charges are current. Buyer and/or Client is obligated to pay any collection and/or legal costs incurred by CYB FITLAB for collection of any fees and/or charges. Dues must be paid by 12:00AM midnight on the start of the new month, or training, or membership privileges will be suspended. CYB FITLAB reserves the right to charge balances, and overdue balances to their current account under the Electronic Funds Transfer Authorization. Further, as provided in Section 7 above, CYB FITLAB reserves the right to charge the credit card or other account for the unpaid balance of any goods or services purchased and not paid for in another manner. If any check or credit card charge payable to CYB FITLAB is not honored, Management will assess an additional $25 charge, in addition to the amount the merchant services charges for each failed transaction of check or credit card rejected, and collect the current and past due balance in any subsequent month. To the extent that Buyer and/or Client are not the same person, Member shall be obligated to make all payments that Buyer fails or has failed to make (including past and future payments for use of the studio).
CYB FITLAB may offer discounts on sessions to Clients who purchase sessions. Discounts are provided in the form of additional complimentary training sessions offered by the discretion of management. All pricing per session is final per the package you sign up for.
After the first twelve (12) months of membership and personal or group training, CYB FITLAB reserves the right to increase the monthly fees for training, or for training packages, and will provide thirty (30) days’ notice to the Client regarding any such change in pricing; provided that pricing for Clients who joined as part of a corporate program are subject to the pricing agreement between CYB FITLAB and Client’s employer or corporate sponsor.
15. CLIENT’S COVENANTS OF DUE CARE:
Client hereby acknowledge and assume all risks associated with his/her failure to use reasonable care and/or use of the training studio and/or equipment for other than their respective intended purposes, and agrees to indemnify, defend, and hold harmless CYB FITLAB, or it’s associates, including and not limited to independent contractors, from any and all liability, damages, losses, suits, demands, causes of action or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury or death (including injury to others), to the extent any of the foregoing arise out of or relate in any way to Client’s negligence, intentional acts and/or failure to exercise reasonable care when using the facilities and equipment.
16. CORPORATE PROGRAM AGREEMENT:
CYB FITLAB and its partnered companies hereby acknowledge the various “Tiers” available as options for the entire company, and each participating employee or contractor understands, or has been thoroughly informed the changes that may occur in pricing options if the company does not meet the agreed upon “Tier” requirements which may result in changes to their payment options per month. Further, as provided in Section 10 above, All contract terms apply to Corporate Program agreements and all terms are non-refundable, non-transferrable and final per the corporate wellness agreement.
Lockers are provided solely for the benefit and convenience of Clients. Management will remove any articles left in a locker overnight. Members must provide their own lock and items left overnight will be kept for up to fourteen (14) days from the date it was found.
18. VALUABLES AND PERSONAL PROPERTY:
Members are urged to avoid bringing valuables onto the training studio premises. CYB FITLAB shall not be liable for the loss of, or theft of, or damage to, the personal property of Member or guests, including items left in lockers, or elsewhere in the training studio.
19. CHILDREN’S USE:
Children under fifteen (15) years of age may attend workouts only during a previously agreed upon time with management, and must be accompanied by a parent at all times. Children programs require fees to be paid in advance.
20. GROUP FITNESS SESSIONS:
All sales of group class packages are final, non-refundable, and non transferrable. All group class packages have an expiration from the date of purchase, unless indicated otherwise. Please note on your receipt of purchase as it is clearly labeled. Please allow enough time to sign in before each class. Do not enter a class late or leave early unless you give the instructor prior notice. If you are just starting Group Fitness or have a pre-existing injury or problems that prevent full participation, please discuss the situation with the Group Fitness Coach before class. Aerobics shoes must be worn in all Group Fitness classes.
21. PERSONAL TRAINING SESSIONS:
All sales of personal training sessions are final and nonrefundable. All personal training sessions have an expiration from the date of purchase, unless indicated otherwise. Please ask your personal trainer, or management what expiration is linked to your package option as it is labelled clearly on your receipt.
22. REVOCATION OF MEMBERSHIP:
CYB FITLAB reserves the right to revoke and cancel your membership at any time for any reason, in which case Client will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement (except initiation fee, if applicable), provided that Seller may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that Seller may demand the reasonable cost of goods and services which the Buyer/Member has consumed or wishes to retain after cancellation.
23. CLIENT’S OBLIGATIONS:
Buyer or Client shall not be relieved of Buyer’s obligations to make payments agreed to, and no deduction from any payments shall be made because of Client’s failure to use the training facility. Agreed upon Client dues are for the period of time, and are no way related to actual usage of the studio.
24. ENTIRE AGREEMENT:
Except for the rules, regulations and schedules posted at the training studio, or issued orally by CYB FITLAB from time to time at its discretion, all of which are incorporated into this agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing executed by a duly authorized representative of CYB FITLAB. Employees and /or independent contractors are not authorized to make any independent agreements with any Client/Buyer. If any provision or portion of this Agreement or the application thereof to any person or party or circumstances shall be invalid or unenforceable under applicable law, such event shall not affect, impair, or render invalid or unenforceable the remainder of this Agreement. I acknowledge that I have carefully read the above Terms of Service and fully understand that it is a contract. I am aware and agree that by executing this form, I am giving up my right to bring a legal action or assert a claim against CYB FITLAB for its negligence, or for any defective product used while receiving personal training from its affiliates, representatives, contractors or employees. I have read and voluntarily signed this agreement, and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. If I do not understand any part of this document, it is my ultimate responsibility to ask for clarification prior to signing it, and I agree that all questions or concerns were clearly explained for my understanding.