Full payment is due upon attending the personal training & small group fitness training class programs.
Payments may be made in the form of cash, checks and credit or debit cards. Please make checks payable to XO Fitness Studio. Thank you for understanding that all transactions are final and XO Fitness Studio LLC holds a no refund policy. ALL CLASSES, PACKAGES & MEMBERSHIPS ARE NON-REFUNDABLE & NON-TRANSFERABLE.
No Show/Late Cancellation Policy:
At XO Fitness Studio, our intent is to ensure paying clients are able to get the most out of their packages and attend as many sessions/classes as desired.No Shows and Late Cancels prohibit other clients from attending sessions/classes because session/class spots have been reserved and then wasted when someone does not show up or cancel a reserved class.
For small group personal training clients, we respectfully ask that if you are unable to attend class as scheduled, please cancel at least 12 hours prior to the start of class.
For private personal training clients, we respectfully ask that if you are unable to attend your session as schedule, please cancel at least 24 hours prior to the session start time.
Small group personal training clients can cancel your reservation online at our website scheduling site or by emailing or calling the studio. Private personal training clients are required to call or text message the trainer for all cancellations and reschedules.
A No Show or Late Cancel* will result in one of the following actions, depending upon the package type:
1.) A count series package(i.e.: 1 single class, 4 class pack, 1 private personal training session, etc) with a late cancellation* or no show will result in the loss of the class or session;
2.) A time series package(i.e.: month unlimited, auto-pay contracts, and any unlimited time package) with a late cancellation* or no show will result in $15 No Show Fee**.
◾A "$15 No Show Fee" will be billed to your cc on file.(If you do not have a valid cc on file, the $15 fee will be billed to your account and must be paid before taking your next class.)
◾The $15 No Show Fee will be automatically billed to your cc/ account after a missed class.You will receive an emailed receipt notifying you of this fee.
Cancellation & Early Cancellation Fee:
A $100 early cancellation fee will be applied if you request to cancel your package/pass before the agreed package/pass term has been met.
Written consent is required at least 30 days prior to the date of cancellation.
Thank you for understanding that it is our priority to offer our clients the best experience.
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT DECLARATIONS:
This Agreement is entered into between XO Fitness Studio LLC (“Trainer”) and the undersigned (“Client”). The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement. ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal or group training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), outdoor fields, courts, trails or other areas, sidewalks, parking lots, stairs, or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, death, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.
You do hereby acknowledge that you have been informed of the need or desirability for a physician’s approval for your participation in an exercise/fitness activity or in the use of exercise equipment. You also acknowledge that it has been recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activities, exercise and as to the use of exercise equipment use. You acknowledge that you have either had a physical examination and have been given your physician’s permission to participate, or that you have decided to participate in activity and/or use of equipment without the approval of you physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in my activities.You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Montana and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts.
You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
In exchange for participation in any fitness, health, and wellness activity organized by XO Fitness Studio LLC of 2010 Grand Avenue, Suite 1, Billings, Montana and/or use of the property, facilities and services of XO Fitness Studio LLC, including virtually on any digital platform currently and in the future that is owned or utilized by XO Fitness Studio LLC, I, agree for myself to the following:
I will receive information and instruction about fitness. I recognize that fitness classes and exercises require physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in any fitness classes, health, and wellness activity organized by XO Fitness Studio LLC. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in any fitness classes, health, and wellness activity offered by XO Fitness Studio LLC whether in a XO Fitness Studio LLC facility or virtually on any digital platform.
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by XO Fitness Studio LLC, or the employees, representatives or agents of XO Fitness Studio LLC.
In consideration of being permitted to participate in any fitness classes, health, and wellness activity organized by XO Fitness Studio LLC, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which might incur as a result of my participation.
In further consideration of being permitted to participate in any fitness classes, health, and wellness activity organized by XO Fitness Studio LLC, I knowingly, voluntarily, and expressly waive any and all claims I may have against XO Fitness Studio LLC, Kayla George, or the employees, representatives or agents of XO Fitness Studio LLC thereof for injury or damages, known or unknown, that I may sustain as a result of my participation.
I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and further release and discharge XO Fitness Studio LLC for injury, loss or damage arising out of my use of or presence upon the facilities of XO Fitness Studio LLC, whether caused by the fault of myself, my family, XO Fitness Studio LLC or other third parties.
I agree to indemnify and defend XO Fitness Studio LLC against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my use or presence upon the facilities of XO Fitness Studio LLC.
I knowingly understand that certain fitness classes, health, and wellness activities organized by XO Fitness Studio LLC will be photographed and/or videotaped for the specific purpose of promoting the XO Fitness Studio LLC brand. I hereby grant XO Fitness Studio LLC permission to use such photos and/or videos of my image during any of these activities. Usage of these images can include, but is not limited to: print, electronic, television, film/digital, website, online, video streaming, and social media entities in perpetuity.
I agree to pay for all damages to the facilities of XO Fitness Studio LLC caused by my negligent, reckless, or willful actions. Any legal or equitable claim that may arise from participation in the above shall be resolved under Montana law as understood in the United States of America. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that XO Fitness Studio LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
I, my heirs or legal representatives forever release, waive, discharge, and covenant not to sue XO Fitness Studio LLC, Kayla George, or the employees, representatives or agents of XO Fitness Studio LLC thereof for any injury or death caused by my voluntary participation in any fitness classes, health, and wellness activity organized by XO Fitness Studio LLC under the instruction Kayla George or the employees, representatives or agents of XO Fitness Studio LLC thereof.
This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific terms, language, or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.