Big Fitness Terms & Conditions

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Big Fitness Inc.

Physical Location: 1904 Washington Ave. St. Louis Missouri 63103

Business Contact Email: Jordangonzales@bigfitnessstl.com

Business Contact Phone:

1.314.384.8473

Missouri Retail Sales License ID Number: 25544926

*Member / Fitness Professional Agreement

- The Fitness Professional will use their skills and knowledge to deliver a safe program of exercises that will take into account and be shaped by the foundational science of exercise physiology and human kinetics.

- The Fitness Professional will provide the coaching, supervision advice and support that the Member may need to help them achieve their goals. The client's progress will be regularly monitored and the program revised and adjusted accordingly.

- The Fitness Professional will provide all necessary equipment and will organize appropriate exercise zones for all training sessions.

- All member information will be kept strictly private and confidential. If the Big Fitness personal trainer requires further medical information from members medical practitioner to assure the safety of the member during physical exercises, said member must provide all details required in order to undergo any Big Fitness inc. training program.

- It is understood between member and personal trainer that both will commit to the program and give 100% effort.

- Members will be required to arrive 5-10 minutes prior to a training session so that a full session can be achieved on each visit.

- Members are required to wear appropriate clothing and footwear. Clothes should be loose fitting and non-restrictive. Footwear should be comfortable and provide adequate support.

*Month - Month Membership Fee Policies

- All memberships are subscription based, and will automatically renew every 28 days or 4 weeks from their membership start date.

- All memberships require a working credit or debit card on file.

- There are no sign up, cancellation fees, monthly added fees, or hidden annual fees.

- In the case that any membership is canceled after the automatic renew date of any promotional period, a deduction of 20% on any refund will result.

*Month - Month Membership Cancellation Policy

- All month - month memberships require the member give a 30 day notice of cancellation.

- Members will be required to pay one more full month of membership after current month of

service if membership cancellation request falls under 30 days of their next billing cycle.

- After 12 months of membership, members can cancel at any time with NO 30 day notice or requirement to pay following month of service if request fall under 30 days of their next billing cycle.

*Promotional Memberships - Quit Free Guarantee Policy

- QUIT FREE GUARANTEE: Any member in their 1st month of a regular membership or within the 12 weeks of a promotional membership is unsatisfied with their quality of service during their promote period, member is subject to full refund for all billing history with in said 3 month promotional period.

- Member must give a formal written notice to the Jordan Gonzales, owner and founder of Big Fitness Inc. of the exact reason for the dissatisfaction of service to receive the full refund. 

- Member will be required to fill out a constructive feedback form before refund can be processed.

*3 month Promotional Membership Fee Charging & Late Cancellation Fee Policies

- Member must have a working credit or debit card on file.

- Membership will renew automatically every 28 days or 4 weeks for 3 month at the agreed upon reduced membership rate.

- Promotional memberships will automatically renew on the 4th month at the standard month - month membership rate. If member plans on continuing no action need be taken.

- If promotional members wish to cancel after promotional period and forget to request cancellation before their 4th billing cycle, resulting in an automatic billing charge on their account, said members are subject to a 20% reduction on refund to account for processing fees.

*No Training Sessions Roll Over Policy - 28 Day Visit Reload

- All memberships credit members with a certain number of training session visits per 28 days.

- On the 29th day, available sessions for the next 28 day period will reload to the agreed number of session specified by the membership level purchased.

- All memberships will renew automatically every 28 days or 4 weeks from the membership start date. 

- Member is responsible for attending all credited monthly visits with in the 28 day time frame or they will lose those unused  sessions.

*Training Session Cancellation Policy

- 24 hours notice of cancellation is required for all private, group, and big class bookings.

- Cancellation under 24 hours for all services will result in a full forfeiture of that scheduled session and will not be subject to rescheduling or made up after 1st occurrence for any reason.

- Cancellations must be made 24 hours before scheduled session time via the online scheduling app or over the phone with the Big Fitness management team directly. (Jordan Gonzales or Katlyn Gonzales)

*Lateness Policies

- If the Member is late for any reason, the session will not be extended and will end at the appointed time.

- If the Member is more than 15 minutes late, the session will be subject to full forfeiture or will not be extended and will end at the appointed time depending on the fitness professional's discretion.

- If the Fitness Professional is more than 5 minutes late, the session will end at the appointed time and a complimentary session will be added to said members account for compensation.

*Standard Account Fee Charging Policies

- Payment for late cancellation fees, if any, will be processed on the day of late cancellation event. Billing for late cancellations will be processed through the credit card on said members account file.

- Payments for monthly membership will be billed using the most current credit card on member account file.

- Payment for single sessions and classes must be made at the time of booking.

- Declined billing, will automatically reprocess after 7 days of failed attempt. After 3 failed attempts membership will be suspended until billing is settled on the members account.

*Media Release

- Member certifies and gives consent to publish his or her photos / videos / podcast audio / media of any kind for all purposes including, but not limited to marketing via all Big Fitness Inc. media outlets including but not limited to; websites, all social media platforms, printed marketing materials, magazines, all general business purposes, etc.

- Big Fitness Inc. agrees to always give notice and ask for consent / permission prior to taking or using members media for any purpose deemed necessary by Big fitness Inc and their representatives.

*Online Store Terms & Conditions 

- By accessing or using the Big Fitness Inc. online store, you agree to comply with and be bound by the following terms and conditions . If you do not agree with any part of these Terms, you must not use the Big Fitness Online store.

2. Scope of Services

The Store provides a platform for customers to purchase personal training sessions, online workout programs, online fitness coaching programs, fitness gear, and related services ("Products"). The terms and conditions apply to all users of the Store, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

3. Product Descriptions and Pricing

We strive to provide accurate and up-to-date information regarding our Products. However, we do not warrant the accuracy, completeness, or reliability of any product descriptions, pricing, or other content on the Store. Prices are subject to change without notice, and we reserve the right to modify or discontinue any Product at any time.

4. Orders and Payments

No purchase products from the Store, you may be required to provide certain information, including your billing details and shipping address. You agree that all information you provide is accurate, current, and complete. By placing an order, you authorize us to charge your provided payment method for the total amount of the order, including any applicable taxes and shipping fees.

5. Personal Training Sessions and Coaching Programs

a. Personal training sessions and coaching programs purchased through the store are subject to availability.

b. You understand and agree that the results of any fitness program cannot be guaranteed, and individual results may vary.

c. All personal training sessions and coaching programs must be used within the specified time frame indicated at the time of purchase.

6. Returns and Refunds

a. Refund requests for products purchased through the store will be considered on a case-by-case basis.

b. Personal training sessions and coaching programs may be refundable within a specified period, as outlined at the time of purchase.

c. Refunds will not be provided for downloadable digital products such as online workout programs.

7. Intellectual Property

a. All content on the store, including text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Big Fitness Inc. and is protected by international copyright laws.

b. You may not reproduce, distribute, display, sell, or exploit any content from the store without the express written consent of Big Fitness Inc.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Big Fitness Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

a. Your use or inability to use the store.

b. Any unauthorized access to or use of our servers and/or any personal information stored therein.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law principles.

10. Changes to Terms

Big Fitness Inc. reserves the right to update, change, or replace any part of these Terms at any time. It is your responsibility to check this page periodically for changes. Your continued use of the Store following the posting of any changes constitutes acceptance of those changes.

By using the Big Fitness Inc. online store, you agree to these Terms and Conditions. If you have any questions or concerns, please contact us at 314.384.8473

*Private Personal Training Service

Tailored to You:

- Your fitness goals, preferences, and individual needs take center stage. With one-on-one personal training, every session is meticulously crafted to align with your specific objectives, whether it's weight loss, muscle gain, athletic performance, or overall wellness.

Undivided Attention:

- Experience the undivided attention of a certified personal trainer dedicated solely to your progress. Your trainer focuses on you, providing real-time feedback, guidance, and motivation throughout every step of your fitness journey.

Customized Workout Plans:

- No cookie-cutter routines here. Your personal trainer creates a customized workout plan that evolves with your progress, ensuring each session is optimized for maximum effectiveness and results.

Efficient and Effective Workouts:

- Time is precious, and we respect that. Our one-on-one sessions are designed to deliver efficient and effective workouts, maximizing the benefits of your time investment. Expect targeted exercises that yield measurable results.

Expert Guidance:

- Benefit from the expertise of our highly qualified certified personal trainers. From proper form and technique to advanced training methods, your trainer brings a wealth of knowledge to guide you through a safe, effective, and transformative fitness experience.

Motivational Support:

- Your journey to fitness is not just physical—it's mental and emotional too. Your personal trainer serves as your dedicated motivator, helping you overcome challenges, celebrate achievements, and stay committed to your goals.

Flexible Online Scheduling:

- We understand the demands of a busy lifestyle. With one-on-one personal training, you enjoy the flexibility to schedule sessions that seamlessly integrate into your calendar, ensuring that your commitment to fitness remains a priority Using our online member portal to schedule your sessions based on trainer availability.

Results Tracking & Progress Tracking:

- Witness your progress firsthand with regular assessments and tracking. Your personal trainer monitors your achievements, adjusts your program as needed, and celebrates every milestone along the way.

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Non-Solicitation Agreement

This Non-Solicitation Agreement ("Agreement") is made by signing this contract and between Big Fitness Inc., a Missouri corporation with its principal place of business at 1904 Washington Ave. St. Louis Missouri 63103 (the "Company"), and the Big Fitness member who will sign this agreement and is stated below ("Party").

1. Non-Solicitation of EmployeesThe Party agrees that, during the term of their engagement with the Company and for a period of [12 months] after the termination of such engagement, the Party will not directly or indirectly solicit, recruit, or encourage any employee, contractor, or consultant of the Company to leave their position or to provide services outside the scope of their duties with the Company.

2. Non-Solicitation of Clients/Customers The Party agrees that, during the term of their engagement with the Company and for a period of [12 months] following termination, they will not: a. Directly or indirectly solicit business from any clients or customers of the Company for services similar to those offered by the Company. b. Provide personal training, online fitness coaching or any related services to any clients or customers of the Company outside the scope of the Company’s established business relationship.

3. Non-Circumvention ClauseThe Party agrees that, during the term of their engagement with the Company and for a period of [ 12 months] thereafter, they will not: a. Enter into any agreement or arrangement with any client, customer, employee, contractor, or affiliate of the Company to bypass the Company and directly provide services that would otherwise fall under the Company’s offerings. b. Use any confidential information obtained through their relationship with the Company to enable such circumvention.

4. RemediesThe Party acknowledges that any breach of this Agreement would cause irreparable harm to the Company, for which monetary damages may be inadequate. Accordingly, the Company shall be entitled to seek injunctive relief, in addition to any other remedies available at law or in equity.

5. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law principles.

6. Entire AgreementThis Agreement constitutes the entire understanding between the parties regarding the subject matter herein and supersedes all prior agreements, whether written or oral, regarding this matter.

7. SeverabilityIf any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

8. AmendmentThis Agreement may only be amended or modified by a written agreement signed by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the signing date of this contract.

Owner / Founder - Jordan L. Gonzales
Big Fitness Inc. 

Big Fitness Inc. Physical & Facility Liability Waiver 

Physical Release:

Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any recommendation for changes in diet including food sources, food proportions, the use of food supplements, weight reduction and/or body building enhancement products that is given from Big Fitness Inc. Fitness Professionals, is given ONLY as general recommendation. It is entirely your responsibility and you should consult a qualified physician or Registered Dietitian prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. Big Fitness Inc. and their employees shall not be liable for personal injury or for damage to, or loss of tenant's personal property from fire, flood, water, leaks, rain, hail, ice, snow, smoke, lightning, wind, explosions, interruption of utilities, or other occurrence including those caused by Big Fitness Inc.'s own negligence or the negligence of Big fitness Inc.'s agents or employees.

Acknowledgement:

You acknowledge that you have carefully read this "waiver and release" and fully understand that it is a release of liability. You expressly agree to release and discharge Big Fitness Inc. and their Employees from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may other-wise have to bring a legal action against Big Fitness Inc and their Employees for personal injury and lost, stolen, or damaged property. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence.If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.