DreamFIT Club Membership

BY CLICKING “AGREE AND CONTINUE,” I (“STUDENT”) HEREBY AGREE TO THE FOLLOWING TERMS AND SERVICES OF THIS CONTRACT WITH DREAMFIT TRAINING AND WELLNESS, LLC (“DREAMFIT”).

DreamFIT and Student are entering this Contract for the purpose of Student accessing the DreamFIT Club, attending Personal Training, Small Group Training, Corporate Fitness Events, Special Events, Nutrition Coaching and/or Group Training (“Services”).  In consideration of the mutual promises, the parties agree as follows:

• SERVICES.  Upon receipt of payment, DreamFIT will provide Personal Training, Small Group Training, Corporate Fitness Events, Special Events, Nutrition Coaching, and/or Group Training.
• I agree that upfront purchases of services for DreamFIT Club, Personal Training, Small Group Training, Corporate Fitness Events, Special Events, Nutrition Coaching, and/or Group Training are final sale and non-transferable from one client to another.  No refunds will be issued for any reason including, but not limited to, relocation, illness, and unused sessions.  If cancellations are needed for Personal Training Sessions, you must give 24 hours’ notice.  If cancellations are needed for Group Training Classes, you must give 6 hours’ notice.  Late Cancellations and No-Shows will result in client forfeiture of the appointment and fees paid for that session.
• I agree that it is my responsibility to be on time for scheduled fitness sessions and that if I am late, I am entitled to the remaining scheduled session time, but no makeups of missed time will be redeemed.
• I agree that the packages purchased upfront for services involving Personal Training, Small Group Training, and Group Fitness Classes will expire in a set amount of time. 6 week Personal Training Packages must be used within 8 weeks of purchase, 12 week Personal Training Packages must be used within 14 weeks of purchase, and Group Fitness Class Packages must be used within 3 months of purchase.
• PAYMENT.  Student agrees to pay DreamFIT the amount due (“Contract Sum”) before attending any classes.  Any pricing is valid for thirty (30) days, after which it is subject to change due to market conditions and/or vendor price increases. 
• LIMITATIONS OF LIABILITY.  DreamFIT shall not be liable for any loss, injury or damage, including, but certainly not restricted to, acts of God, injuries, or malicious mischief.  DreamFIT shall not be liable for injuries to persons or damage to property, and in no event shall it be liable for consequential or speculative damages.  The maximum liability of DreamFIT to the Student for any claim, loss, damage or injury for which DreamFIT may be liable pursuant to this Contract for the Services, including acts by its employees or agents, shall be limited to the Contract Sum paid by Student to DreamFIT for the Services provided hereunder. 
• INDEMNIFICATION AND ATTORNEY FEES.  Student agrees to defend, indemnify, and hold harmless the DreamFIT and any of its agents, employees, and subcontractors, from and against claims, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of the performance of the Services, regardless of whether or not such claim is caused in part by a party indemnified hereunder.  If DreamFIT employs an attorney to enforce or defend DreamFIT’s rights hereunder against a claim brought by Student (or on Student’s behalf or for Student’s benefit), Student shall be responsible to pay all reasonable attorney’s fees incurred by DreamFIT in defending against that claim.   
• ASSIGNMENT.  This agreement is binding upon the parties, their personal representatives, successors and assigns and is not assignable without the prior written consent of DreamFIT.  DreamFIT may assign all or any portion of the Services at DreamFIT’s sole discretion. 
• ENTIRE AGREEMENT. This Contract and all addenda, are the entire understanding of the parties.  There are no understandings or representations in addition to or modifying this Contract and neither party shall be bound by any other representation.  If any provision of this Contract is held invalid, void or unenforceable, the remainder remains in full force and effect and shall be construed as if the invalid, void or unenforceable provision was not contained herein.
• CHOICE OF LAW.  This Contract shall be construed in accordance with and controlled by the laws of the State of Maryland without regard to its choice of law rules.  

BY PROCEEDING WITH THE TRANSACTION, I, THE STUDENT, HEREBY CERTIFY AND ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND ALL OF THE INFORMATION CONTAINED IN THE PRECEDING PARAGRAPHS OF THIS CONTRACT AND AGREE TO THE TERMS OF SERVICE DESCRIBED HEREIN.

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