terms and conditions
DESCRIPTION OF SERVICES. Beginning as of the Effective Date, Bedrock Fitness will provide to Client a health and fitness program intended to develop the Client’s health and physical abilities (the “Services”). Bedrock Fitness will implement the Services by providing demonstrations of exercises and routines, assisting clients in exercises to minimize injury and promote fitness, modify exercises according to clients’ fitness levels, monitor client progress, and provide information or resources on general fitness and health issues within [ten (10)] business days of the Effective Date.
ASSUMPTION OF RISK. The Client hereby acknowledges and agrees that: (i) they are aware of and understand the nature of the Activity, including the inherent risks; (ii) Client is qualified, in good health, and in proper physical condition to utilize the Services; (iii) there are certain inherent risks and dangers associated with the Services; and (iv) except as expressly set forth herein, the Client, knowingly and voluntarily, accepts and assumes responsibility for each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, the Client’s participation in the Services.
RELEASE AND WAIVER: The Client hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Bedrock Fitness from and for any liability resulting from any personal injury, accident or illness (including death or dismemberment), and/or property loss, however caused, arising from, or in any way related to Client’s participation in the Services, except for those caused by the willful misconduct, gross negligence or intentional torts of either of the above parties.
INDEMNIFICATION AND HOLD HARMLESS. The Client also hereby agrees to INDEMNIFY, DEFEND AND HOLD HARMLESS Bedrock Fitness from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Client’s participation in the Services, except for those arising out of the willful misconduct, gross negligence or intentional torts of either of the above parties.
PAYMENT. In consideration for the Services, Client shall pay Bedrock Fitness ___________by [check made payable to Bedrock Fitness LLC, cash, or credit card, Venmo, PayPal, Bitcoin] (the “Payment”). The Client shall remit the Payment within [five (5)] business days of the Effective Date (“Payment Due Date”).
In addition to any other right or remedy provided by law, if the Client fails to make the Payment for the Services by the Payment Due Date, Bedrock Fitness has the option to treat such failure to pay as a material default of the Agreement, and may cancel the Agreement and/or seek legal remedies.
TERM. The Agreement may be terminated by either party upon 30 days prior written notice to the other party.
DEFAULT. The occurrence of any of the following shall constitute a material default (“Default”) under the Agreement:
The Client’s failure to make the Payment by the Payment Due Date.
Either party declares Bankruptcy under the laws of the United States or is otherwise insolvent.
Either party’s property becomes the subject of any levy, seizure, general assignment for the benefit of creditors or sale for or by any creditor or government agency.
Bedrock Fitness’s failure to make available or deliver the Services in the time and manner provided for in the Agreement.
REMEDIES UPON DEFAULT. In addition to any and all other rights a party may have available according to law, if a party Defaults by failing to substantially perform any provision, term, or condition of the Agreement, the other party may terminate the Agreement by providing written notice to the party in Default (the “Notice”). The Notice shall describe with sufficient detail the nature of the Default. Upon receiving the Notice, the party in Default shall have 3 days from the receipt of the Notice to cure the Default(s). Unless waived by a party providing notice, the failure to cure the Default(s) within the above period shall result in the automatic termination of the Agreement.
NOTICE. Any notice or communication required or permitted under the Agreement shall be sufficiently provided if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. Any notice under the Agreement shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
ENTIRE CONTRACT. This Agreement contains the entire agreement of the parties regarding the subject matter of the Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and signed by both parties.
SEVERABILITY. If any provision of this Agreement should be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of the United States finds that any provision of this Agreement is invalid or unenforceable but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement 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 Agreement.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Virginia.