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TMW Policy & Agreement

For the use of this site, the features and any The Mike Way Services you agree to all of the below.

Key Points

Work As Hard As We Do

Personal Training sessions will last 60 minutes. Please show up 10 minutes early.​ Clients will weigh in every Monday for accountability and will be logged for progress reports.

Annual Fee

Annual membership fee of $99

Cancel With Respect

The client must give 24-hour notice to cancel a scheduled training session, or they will be charged the full rate for the missed session. The trainer will also try to give 24-hour notice of any cancellations, but this may not always be possible.

Agreement

PERSONAL TRAINING CONTRACT THE MIKE WAY

 

This Personal Training Contract (“Contract”) is entered  into (“Effective Date”), by_________________ and between ____The Mike Way__, with an address of 3400 W Clearwater Ave  Suite 5 Kennewick, WA 99336  and ______________, with an address of _______________________________, (“Client”), collectively the “Parties.”


 

  1. Terms and Conditions. The parties agree to the following terms and conditions:

  2. Client is engaging "The Mike Way" for personal training services to be provided by Company’s Trainer(s).

  3. Personal Training sessions will last 60 minutes. Please show up 10 minutes early.

  4. Trainer will create an exercise program geared to Client’s fitness level and experience in order to meet Client’s objectives.

  5. Clients may change trainers within ‘The Mike Way’ at any time.

  6. Client agrees to sign the attached Informed Consent and Assumption of Risk and Release of Liability.

  7. Client agrees to inform "The Mike Way" and Trainer of any and all conditions, medical or otherwise, that may affect his/her ability to participate in Training Sessions.

  8. Client agrees to automatic payment withdrawals on agreed upon date and will provide a written 30-day notice to end the contract.

  9. Clients will pay a $99-dollar annual registration fee.

  10. Clients will weigh in every Monday for accountability and will be logged for progress reports.

  11. Clients agree to meal transparency and may be asked to photolog every meal eaten until goals are met.

  12. Clients will show up 10 minutes early to all sessions for warm-up.

  13. Clients will not lose a session paid if given a 24-hour notice. No exceptions.

  14. Client agrees to stay in a caloric deficit and adhere to “The Mike Way” workouts and meal plans.

  15. If you are not going to follow “The Mike Way” you will be given diamond hourly rates until goals are achieved or, b. Terminated by your trainer at a pro rate refund at full hourly charge, discounted rates do not apply.

  16. Training Sessions. Training Sessions may include, but are not limited to, the following activities: testing of physical fitness; exercise; aerobics and anaerobic conditioning; cardiovascular training; weightlifting and training; and stretching.

  17. Cancellation of Training Session. Client shall provide twenty-four (24) hour notice of any necessary cancellation of a scheduled Training Session. Failure to provide twenty-four (24) hour notice shall result in Client being charged the full rate for the cancelled/missed Training Session. "The Mike Way" and Trainer will endeavor to also provide Client twenty-four (24) hour notice of any scheduled Training Session that may need to be cancelled; however, there may be instances where this is not practicable.

  18. Indemnity. Client agrees to indemnify and hold harmless Company and its Trainer(s) for any injuries, illnesses, and the like experienced as the result of Client’s Training Sessions.

  19. Termination. Either Party may terminate this Contract upon thirty (30) days prior written notice to the other party. In the event of termination by either Party, Company shall refund Client all monies paid for any unused Training Sessions.

  20. Warranties. While "The Mike Way" and its Trainer(s) fully believe exercise, specifically exercised personalized to Client, is beneficial to Client’s health and wellness, "The Mike Way" and its Trainer(s) cannot guarantee the results of Training Sessions. Company and its Trainer’s make no representations and/or warranties that Client will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results. DUE TO NOT FOLLOWING THE GUIDELINES OF YOUR TRAINER. "The Mike Way" and its Trainer(s) strongly encourage clients to follow a healthy diet in conjunction with personal training and continued exercise.

  21. Entire Agreement. This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered or supplemented except in writing signed by both Company and Client.

  22. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

  23. Legal and Binding Contract. This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Contract.

  24. Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

  25. Waiver. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

  26. Applicable Law. This Contract shall be governed and construed in accordance with the laws of the state where the Property is located, without giving effect to any conflicts of the law’s provisions.


 

BY SIGNING BELOW, THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS CONTRACT AND THAT THE CLIENT IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT. THE CLIENT SHOULD NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THIS CONTRACT AT THE TIME YOU SIGN IT.


 
 

The Client(s) agree to the terms and conditions set forth above as demonstrated by acknowledgment as follows:





 

INFORMED CONSENT AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY

  1. Client certifies that he/she is of adequate physical condition to participate in physical exercise. 

  2. Client certifies that he/she assumes the risk of physical injury, whether minor, severe, or otherwise.

  3. Client certifies that he/she will disclose to Trainer whenever suggested activities cause distress beyond Client’s threshold.

  4. Client certifies that he/she will not hold Company or its Trainer(s) liable for any physical injury, whether minor, severe, or otherwise that result from Training Sessions.

  5. Client certifies that he/she assumes all responsibility for his/her participation in the Training Sessions.


 

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