Terms and Conditions

Personal Training Contract Terms and Conditions

This Personal Training Contract (the “Contract”) is entered into date of booking (the “Effective Date”), by and between Maximum Performance Speed Academy, with an address of 103 Cottage Drive Natchez, MS 39120 (the “Company”) and  (the “Client”), also individually referred to as the “Party”, and collectively the “Parties.”

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

a. The Client is engaging the Company for personal training services to be provided by the Maximum Performance Speed Academy (the “Trainer”).

b. Personal Training sessions will last 90 minutes.

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

d. The Client will choose the date and time to train and the Trainer will be assigned to the Client by the Company and is subject to change at any time.

e. The Client agrees that when the session is booked, that they accept the Informed Consent and Assumption of Risk and Release of Liability. 

f. The Client agrees to inform the Company and its Trainer(s) of any and all conditions, medical or otherwise, that may affect the Client’s ability to participate in Training Sessions.

2. Training Sessions. Training Sessions may include, but are not limited to, the following activities: testing of physical fitness; exercise; aerobics and aerobic conditioning; cardiovascular training; weight lifting and training; and stretching.

3. Training Package and Payments. The Client is purchasing Single or Multiple Session Training Sessions at a rate of $40 per Training Session or one of the three packages listed on this site. The Client may pay for Training Sessions on a per session basis at the beginning of each session or in the case of Multiple Sessions it will be paid at the time of booking. The Client may pay for all of the Training Sessions upon the execution of this Contract online. All Training Sessions must be used within 30 days of the Effective Date of payment of this Contract. If the Client wishes to purchase additional Training Sessions, the Parties will enter into an amendment to this Contract.

Cancellation of Training Session. The 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 the Client being charged the full rate for a new Training Session. The Company and its Trainer will endeavor to also provide the Client twenty-four (24) hour notice of any scheduled    

1. Training Session that may need to be cancelled; however, there may be instances where this is not practicable, and such would not constitute breach of this Contract on behalf of the Company.

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

3. Termination. Once the session has been booked and the date has been added to the calendar there will be no cancellations and no refunds.

4. Warranties. While the Company and its Trainer(s) fully believe exercise, specifically exercised personalized to the Client, is beneficial to the Client’s health and wellness, the Company and its Trainercannot guarantee the results of Training Sessions. The Company and its Trainer make no representations and/or warranties that the 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. The Company and its Trainer(s) strongly encourage the Client to follow a healthy diet in conjunction with personal training and continued exercise.

5. 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 the Company and the Client.

6. 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.

7. 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.

8. 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.

9. 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.   

1. Applicable Law. This Contract shall be governed and construed in accordance with the laws of the state where the Training Sessions will occur, without giving effect to any conflicts of laws provisions. 

BY BOOKING ONLINE THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS CONTRACT AND THAT THE CLIENT IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT.  

INFORMED CONSENT AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY

This Informed Consent and Assumption of Risk and Release of Liability is entered into and is material to the Personal Training Contract and is incorporated herein by reference and accepted upon booking.

1. Client      certifies that Client is of adequate physical condition to      participate in physical exercise.   
2. Client      certifies that Client assumes the risk of physical injury,      whether minor, severe, or otherwise.   
3. Client certifies that Client will      disclose to the Trainer whenever suggested activities cause distress      beyond Client’s threshold. 
4. Client      certifies that Client will not hold the Company or its Trainer(s) liable for any      physical injury, whether minor, severe, or otherwise that result from Training      Sessions.

Client certifies that Client assumes all responsibility for Client’s participation in the Training Sessions.