Terms, Conditions, and Waiver of Liability

Table of Contents

  1. Participation Release & Waiver of Liability
  2. Terms & Conditions

Participation Release & Waiver of Liability

I confirm that any injuries or conditions I may have, has been acknowledged and cleared for regular, unrestricted physical activity by my physician or applicable medical professional. I certify that the answers to the questions asked of me by FRESH! employees or completed in FRESH! forms are true and complete to the best of my knowledge.

I acknowledge that medical clearance is required if I have answered Yes to any of the questions on the Health and Medical section of the form. I understand and agree that it is my responsibility to inform my coach of any conditions or changes in my health, now and on-going, which might affect my ability to exercise safely and with minimal risk of injury.

I agree that FRESH! , Lifestyle Synergy Inc. and the property managers/owners of our facilities (specifically, but not limited to: Dream Unlimited Corp., Dundee Realty Management Corp., ENMAX Corp, Colliers International/Slate Assets, Cenovus/Husky) shall not be held liable or responsible for any injuries to me resulting from my participation in the fitness and wellness coaching program regardless of location (home, outdoors, at training studios, or corporate, commercial, residential fitness facilities).

I expressly release and discharge FRESH!, its owners, employees, agents and/or assigns, from all claims, actions, judgments and the like which I or my heirs, executors, administrators or assigns may have or claim to have as a result of any injury or other damage which may occur in connection with my participation in the fitness coaching program. This release shall be binding upon my heirs, executors, administrators and assigns.I have been informed, understand, and am aware that physical fitness training including, but not limited to strength, flexibility, and cardiovascular exercise, and the use of training equipment, is potentially hazardous and can involve the risk of serious injury. I am voluntarily participating in these activities, using the equipment and machinery, with full knowledge, understanding and appreciation of the dangers involved. I understand that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions. I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my coach or instructor immediately.

I understand that the services provided by FRESH! are based upon scientific principles and knowledge that are constantly being changed and updated. Therefore, changes in training practices and educational teachings will vary over time as new scientific information becomes available. I understand that the interactive aspect of professional fitness coaching, technique cueing, and body alignment may require my coaches to touch me during a session. This is necessary in certain circumstances to ensure that you are using correct technique and avoiding undue injury risk. I acknowledge that if I feel uncomfortable or experience any type of discomfort with this method of coaching/cueing, I will immediately request that my trainer or coach discontinue using this technique.

I have read the Participation Release, Waiver of Liability, and Administrative policies listed above. I understand and accept each point. I acknowledge it voluntarily and with full knowledge of its significance.

Terms & Conditions

BILLING

Payments occur in advance for services (Gym Memberships, Drop-in, Packages, Training, Classes, etc.). All memberships will be billed
automatically at the start of each month (or billing period) for the specified time frame and membership package I have chosen. FRESH! accepts
Credit card, email transfer, cash and cheque payments, but prefers credit card for all membership payments. Please make any cheques payable to
FRESH! Wellness Group.

CANCELLATION

Membership billing will continue until I provide FRESH! with 21 days written notice of cancellation. Any payments scheduled to happen during the
21-day cancellation window will progress as planned. Cancellation paperwork is processed by FRESH! at the end of each calendar month.
Cancelled memberships (Barclay) can be restarted (if under 1 year) for a $50 administrative fee.

SESSIONS

Group Class Training sessions are non-refundable and may not be carried over to another month. Private, one on one and small group, coaching
sessions must be completed in the month of purchase unless special arrangements are made. Unused sessions may only be deferred 1 month.
After this point they will be forfeited. In certain circumstances (at the discretion of FRESH!), unused services may be transferred to another person.
All services must be redeemed within the timeframe specified outlined in the purchased service, membership, or coaching package.

BOOKING

All sessions are booked through the FRESH! client management system or via the associated mobile application. For Private and Small Group
Coaching FRESH! has the right to enforce a 24-hour cancellation policy. No charge will be levied should I cancel with MORE than 24 hours notice.
Should I cancel a session within 24 hours of the session start time, I will be charged in full for that session at FRESH!s discretion. Group sessions are
not rescheduled, and no credit is given for missed group sessions. Group sessions may be changed up to 1 hour prior to start time. To ensure
consistency in your coaching program and your continued progress, FRESH! recommends all cancelled or missed sessions be rescheduled as
soon as possible. Outstanding coaching sessions remain valid for 60 days from the session billing date

EFT REQUEST AND PAYMENT AUTHORIZATION

I hereby authorize FRESH! or its assigns to make periodic charges of withdrawals (EFT Authorization) from the account listed below or a
replacement account designated by me and accepted by FRESH!, for the payment of any and all fees, late charges, costs, expenses or any other
monies due to FRESH! under the terms and conditions of the Agreement. I understand that I am entitled to notice of all varying charges and
withdrawals under the EFT, but I waive the right to receive prior notice for charges of withdrawals made with respect to any uncollected
payments or portions of the balance due described above and the corresponding service charges, both of which I agree are not varying charges or
withdrawals. I may change the account designated herein upon twenty one (21) days written notice to, and approved by FRESH!. I may notify the
financial institution in control of my account to terminate a payment request, but such notification will constitute a default and may cause all
sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. FRESH! or its
assigns reserve the right to add a $75 fee to any NSF occurrences.

PRIVACY

FRESH! Fitness is committed to protecting personal information by following responsible information handling practices in accordance with the
provisions of the Personal Information Protection Act (PIPA) of Alberta. The member hereby gives permission for the Barclay Fitness Centre and
FRESH! Fitness or its nominees, associates, and affiliates or their employees, to collect any personal information contained in this document,
maintain personal information already on file and to collect further information for the purpose of contacting the member by mail, fax, telephone and or email. 

*I have read the above billing policies and package details. By purchasing any services and participating in the exercise, fitness, nutrition, lifestyle coaching offered by Lifestyle Synergy Inc. o/a FRESH! Fitness (hereafter referred to as FRESH!), I accept them and understand that it will constitute a legal agreement between FRESH! Wellness Group and me for fulfillment of the above mentioned goods/services.

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