Service Agreement and Liability Release

Service Agreement and Liability Release

You (the “Trainee”), and Bootcamp 21771, LLC (“Bootcamp”), a Maryland limited liability company organized and existing under the laws of the State of Maryland, with its principal offices at 401 Center St, Suite 101, Mt. Airy, MD 21771, enter into this Service Agreement (“Contract”) on the date entered. 

PRE-AUTHORIZED PAYMENTS:                I/we hereby authorize Bootcamp 21771, LLC to initiate debit entries, and corrections thereto, to my/our debit, credit, or charge card account indicated above (“Depository”), or if I/we have selected the monthly ACH debit option I/we hereby authorize Bootcamp 21771, LLC, via the attached Authorization Agreement for Direct Debits, to initiate direct debits from the bank account I/we have specified.  This authorization shall remain in full force and effect until Bootcamp 21771, LLC and the Depository have received written notification from me/us of the termination in such time and in such manner as to afford Bootcamp 21771, LLC and Depository a reasonable opportunity to act on the notice, or until all payments due under this Contract have been made.

AUTO-RENEWAL:             I understand that unless I submit a notice of written cancellation within 10 days of the last scheduled auto payment as described in the Payment Schedule, this Contract will automatically convert to a month-to-month agreement, whereby I will continue to purchase services per month for a monthly payment as indicated in the Program Fees. I understand that, except as allowed by this Contract or applicable law, this Contract is non-cancelable during the initial term, but that, upon conversion to a month-to-month agreement, the agreement may be cancelled at any time by submitting a 10-day written notice of cancellation to the address indicated in this contract.  If a cancellation is requested prior to the end of the initial term a $25 cancellation fee will be charged to the Trainee. 

NOTICES: All notices to Bootcamp hereunder shall be mailed by certified mail, return receipt requested, to 401 Center St, Suite 101, Mt. Airy, MD 21771.

IMPORTANT:      THIS SECTION CONTAINS WAIVERS OF IMPORTANT RIGHTS AND TRAINEE SHOULD READ CAREFULLY.

TRAINEE ACKNOWLEDGES THAT THE TRAINING PROGRAMS PURCHASED HEREUNDER INCLUDE PARTICIPATION IN STRENUOUS PHYSICAL AND CARDIOVASCULAR ACTIVITIES THAT PLACE STRAIN ON THE MUSCULOSKELETAL AND CARDIOVASCULAR SYSTEMS OF THE HUMAN BODY.  SUCH ACTIVITIES MAY RESULT IN DEATH, OR SERIOUS INJURY, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, CEREBROVASCULAR ACCIDENTS (STROKES), MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, INJURIES TO KNEES, ANKLES, WRISTS AND OTHER JOINTS, BACK INJURY, HEAT EXHAUSTION, HEAT STROKE, SORENESS, OR OTHER INJURY HOWEVER CAUSED, OCCURING DURING OR AFTER TRAINEE’S PARTICIPATION IN THE PHYSICAL ACTIVITIES. TRAINEE FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A TRAINEE, SLIP AND FALL BY TRAINEE, OR AN UNKNOWN HEALTH PROBLEM OF TRAINEE. 

BY SIGNING THIS CONTRACT TRAINEE ASSUMES ALL RISKS INVOLVED WITH PARTICIPATION IN THE PHYSICAL ACTIVITIES AND FULL RESPONSIBILITY FOR ALL INJURIES THAT MAY ARISE THEREFROM. TRAINEE AFFIRMS THAT TRAINEE IS IN GOOD PHYSICAL CONDITION, AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICAL ACTIVITIES. TRAINEE ACKNOWLEDGES THAT PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND TRAINEE AGREES THAT IT IS THE RESPONSIBILITY OF TRAINEE TO SEEK COMPETENT MEDICAL OR OTHER PROFESSIONAL ADVICE REGARDING ANY CONCERNS OR QUESTIONS INVOLVED WITH THE ABILITY OF TRAINEE TO TAKE PART IN BOOTCAMP’S PHYSICAL ACTIVITIES BY SIGNING THIS AGREEMENT. TRAINEE ASSERTS THAT TRAINEE IS CAPABLE OF PARTICIPATING IN THE BOOTCAMP PHYSICAL ACTIVITIES. TRAINEE TAKES FULL RESPONSIBILITY FOR MONITORING HIS OR HER OWN PHYSICAL CONDITION AND NOT EXCEEDING HIS/HER PHYSICAL LIMITS.                                                                                               

TRAINEE, HIS/HER HEIRS, ASSIGNS, NEXT OF KIN, AND PERSONAL REPRESENTATIVES, HEREBY COMPLETELY AND IRREVOCABLY RELEASES BOOTCAMP, ITS MEMBERS, OFFICERS, AGENTS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS, FROM ANY AND ALL LOSS, LIABILITY, DAMAGE, CLAIM, OR EXPENSE ARISING FROM TRAINEE’S PARTICIPATION IN THE BOOTCAMP PROGRAMS AND THE ASSOCIATED PHYSICAL ACTIVITIES PROVIDED BY BOOTCAMP, AND SHALL INDEMNIFY AND DEFEND BOOTCAMP AND ITS AGENTS, REPRESENTATIVES, MEMBERS, OFFICERS, AND EMPLOYEES FROM AND AGAINST ANY LITIGATION ARISING FROM TRAINEE’S PARTICIPATION IN THE BOOTCAMP PROGRAMS AND THE ASSOCIATED PHYSICAL ACTIVITIES PROVIDED BY BOOTCAMP, EVEN IF CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE, UNINTENTIONAL ACTS OR OMISSIONS OF BOOTCAMP, ITS MEMBERS, OFFICERS, AGENTS OR EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS.

THE PARTIES AGREE TO BE BOUND BY THE TERMS OF THIS RELEASE AND INDEMNIFICATION AGREEMENT IN CONSIDERATION FOR THE MUTUAL PROMISES AND BENEFITS SET FORTH IN THIS CONTRACT, THE ADEQUACY AND SUFFICIENCY OF WHICH THEY HEREBY ACKNOWLEDGE.

TRAINING PROGRAM SERVICES:   The services rendered are coaching services designed to assist the Trainee in progressing their level of fitness.  Bootcamp services are designed to educate the Trainee in the theories and methodologies of exercise and how to implement them to obtain the best possible results.  The services will be provided either (1) as part of a fixed term wherein the Trainee is able to obtain coaching and be eligible to participate in program activities while a member for the duration of the term, or (2) for the number of classes, seminars, or coaching lessons specified in the Contract.

NO GUARANTEE:              Bootcamp offers no guaranty or warranty for the services rendered or the results of Trainee’s participation in Bootcamp coaching or other fitness programs.  Any implied warranties which might otherwise apply are expressly excluded.  Trainee acknowledges and agrees that the results of physical fitness training vary from individual to individual and are dependent upon many factors that may or may not be within the control of the trainee.  the trainee is responsible for participating in the bootcamp programs and for applying the theories and methodologies taught by bootcamp.  the trainee is solely responsible for self-motivating themselves to attend and participate in the exercise programs offered by bootcamp, and the trainee is solely responsible for their own progress, their own level of achievement and their own results.

SESSION SCHEDULING: Sessions are filled on a first come first served basis.

MONTHLY SESSION USAGE: Monthly training sessions are unlimited and all Trainees may attend as many sessions for each paid month as they want to attend, subject to availability.  Failure to use the services does not relieve the Trainee of their obligations, (regardless of circumstances), to pay fees, late charges and other monies due under this Contract in full.

CHANGING MEMBERSHIP:  The Trainee may upgrade to a longer term at any time by entering into a new service agreement at the then prevailing rates.

INSURANCE:  Trainee shall provide Bootcamp with a copy of their insurance card evidencing their active participation in a health insurance plan.  Trainee must be covered by health insurance while they are participating in Bootcamp programs.  In the event of a lapse in Trainee’s insurance Trainee shall not be permitted to continue training until Trainee provides a new insurance card showing that Trainee is covered.  A failure by Trainee to maintain health insurance as required in this Contract shall not absolve or release Trainee from their payment obligations under the Contract and Trainee shall continue to make full and timely payment for services under the Contract notwithstanding any lapse in insurance or suspension of participation in the program.

CONSENT TO PUBLICITY:                The Trainee hereby consents to the use by Bootcamp for its commercial advantage of photographs and other graphic representations containing the Trainee’s name, image, or likeness.  The Trainee expressly authorizes Bootcamp to utilize Trainee’s name, image, or likeness in photographs and other graphic representations for marketing and advertising purposes.  Trainee’s authorization and consent shall remain in full force and effect until such time as Trainee notifies Bootcamp in writing of Trainee’s revocation of authorization and consent.

REFUNDS: No refunds shall be made for any reason for services purchased.

DEFAULT: Trainee shall be deemed in default of this Contract upon the failure to comply with any of the terms and conditions of the Contract, including, but not limited to, the obligation to make any payment as and when due and the obligation to maintain health insurance. Upon default, Bootcamp shall have the rights and remedies available, including termination of this Contract, acceleration of the balance due under this Contract and institution of an action for all applicable damages. If Bootcamp delays or refrains from exercising any rights under this agreement, such delay does not constitute a waiver of any rights, including the right to receive full and timely payments and other charges due under this Contract, and Bootcamp reserves all rights.

FORCE MAJEURE:              It is acknowledged and accepted by all parties hereto that unanticipated events beyond the control of the parties, such as acts of God, and including without limitation weather events such as thunderstorms, snowstorms, windstorms and ice-storms, and health events such as accidents, illness or hospitalization affecting Bootcamp’s service providers, may affect the provision of the training and exercise programs purchased by Trainee hereunder, and Bootcamp shall not be liable for any cancelled programs or training sessions resulting from force majeure events; furthermore  Bootcamp shall not be deemed to be in default of this Contract for any failures to provide services that are attributable to a force majeure event.

SUCCESSORS AND ASSIGNS: All terms and conditions of the Contract shall be binding upon the Trainee’s heirs, Personal Representatives, successors, and assignees, and anyone claiming by or through Trainee.

ASSIGNMENT:     The Trainee may not assign or transfer their rights or duties under this Contract to any third party without the express written consent of Bootcamp.  Bootcamp shall notify Trainee of any assignment of Bootcamp’s rights and duties pursuant to the Contract no later than thirty (30) days following the date of assignment.

ENFORCEABILITY: Should any provision of this Agreement be found or deemed to be invalid, illegal, unenforceable, voidable, or void by a court of competent jurisdiction the parties intend that such invalidity, illegality, voidability, status as already void, or unenforceability shall not affect any other provision of the Contract, and the Contract shall continue in full force and binding effect and be construed as if such invalid, illegal, or unenforceable provision or provisions had never been included.

GOVERNING LAW: This Contract shall be governed by and enforced in accordance with, the laws of the State of Maryland, exclusive of its conflict of law rules. In the event litigation is necessary to enforce any of the terms and conditions of this Contract, Bootcamp and Trainee agree that the venue for such court action shall exclusively be Frederick County, Maryland.  It is agreed that the reason for such venue selection is for the convenience of all parties.

ATTORNEY FEES:  In any action at law or equity that is brought by Bootcamp to enforce the terms of this Contract, Trainee shall be liable for and, shall reimburse Bootcamp for, its actual attorney’s fees, expenses and costs to enforce the terms of this Contract.

MEDIATION:  The parties agree that should a dispute arise between them they will first submit the matter to non-binding mediation for a minimum of not less than four (4) hours.  Any disputes between the parties that may arise under this Contract shall be mediated in Frederick County, Maryland by a mediator certified by the Circuit Court for Frederick County, Maryland, provided however that a default by the Trainee for failure to pay program fees hereunder shall not be subject to mediation and Bootcamp shall have the absolute right to proceed directly to litigation to collect delinquent program fees.  Both parties shall mutually agree upon the selection of mediator from the Circuit Court list, but in the event that the parties are unable to agree, Bootcamp shall select a mediator from the Circuit Court list.  Unless otherwise agreed in writing by the parties, mediation fees, costs and expenses shall be divided and paid equally by the parties to the mediation.  If either party elects to have an attorney present that party shall pay his or her own attorney’s fees.  Neither party shall commence any action in any court or before any administrative agency without first submitting the dispute or claim to mediation as herein provided.  In the event either party commences any action in any court or before any administrative agency without first submitting the dispute or claim to mediation as herein provided, the party commencing such action agrees to pay all costs and expenses, including reasonable attorneys’ fees, incurred by the responding party to enforce the mediation provision of this Contract.  In the event Bootcamp requests mediation and the Trainee does not respond or cooperate with arranging the mediation within ten (10) days of its request, Bootcamp may proceed with litigation against Client.

WAIVER OF JURY TRIAL:              BOTH PARTIES HEREBY KNOWINGLY AND VOLUNTAIRLY WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY SUBSEQUENT LITIGATION ARISING OUT OF THIS CONTRACT.

Trainee, by signing this Contract, is waiving important rights and releasing Bootcamp from liability for any injuries or losses sustained by Trainee as a result of their participation in the Bootcamp training program, as more specifically set forth above.  Trainee is therefore urged to have this release agreement reviewed by an attorney before signing.  By signing this Contract, Trainee acknowledges that Trainee has read, understood and agreed with all terms and conditions of this Contract, including the Pre-Authorized Payments, Auto-Renewal, all acknowledgements, Waiver of Jury Trial, the release of liability and waiver of claims. Trainee further acknowledges that he or she has had the opportunity to consult with an attorney and obtain legal advice.  Bootcamp has made no express or implied warranties or representations other than those expressly set forth in this Contract to induce Trainee to enter into this Contract. Any conflict between the original Contract and any copy of the original Contract shall be controlled by the original Contract. 

COUNTERPARTS:             This Contract may be signed in duplicate or triplicate counterpart originals, all of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument and shall have the same force and effect.

ENTIRE AGREEMENT:   This written Contract constitutes the entire agreement of the parties and all prior oral or written communications between the parties are expressly excluded.  This Contract may not be altered or amended except by the signed written agreement of all parties hereto.

 IT IS STRONGLY RECOMMENDED THAT TRAINEE CONSULT THEIR PRIMARY CARE PHYSICIAN AND OBTAIN A FULL PHYSICAL PRIOR TO ENGAGING IN ANY PHYSICAL ACTIVITY.