Terms of service.

Personal Training and/or Gym Membership Purchase Contract

All agreements are month to month, unless otherwise noted.

This Agreement is made and entered into on the date of purchase by and between ________________________ (“Client”) and Kinosha Spencer - Personal Training (“Training Business”) or Golden Hearts Lifestyle (“Business”) . In consideration of the mutual promises exchanged herein and other good and valuable consideration, the parties agree as follows:

1. Commitment monthly:​ By purchasing Sessions or gym membership, Client is making a commitment to his/her health. Clients should follow the program and instructions of Trainer to the best of their ability to maximize their results and better achieve their goals. Remember, the ultimate results are up to the Client. The trainer will show the Client how to work his muscles correctly and encourage him/her to go to his/her safe limit, but the Client is the only one who can make sure he/she works out consistently, eats properly, gets plenty of sleep, and lives a healthy lifestyle. Typically three months as the minimum amount of time to see progress.

2. Specifics:​ Trainer and Client shall agree upon the time, program type of personal training session (“Sessions”), and rate, see Payment Terms.

3. Length of Sessions​: Sessions will last approximately thirty (30) minutes to sixty (60) minutes. The trainer may opt to vary the length of sessions at his/her discretion.

4. Punctuality:​ Client shall be attired as discussed below and ready to train at the time specified in paragraph two (2). Failure to be prepared to train may result in a shortened workout or possible cancellation of the Session under paragraph eight (8), below if the Client is more than ten (15) minutes late.

5. Attire:​ Client must wear comfortable workout attire, including, but not limited to, clean t-shirts, shorts, tights, sweats, and/or tracksuits. Athletic shoes must be supportive and functional. Workout gloves are optional. Please do not hesitate to ask Trainer for advice on what type of clothing and shoes is appropriate.

6. Stopping Specific Exercises:​ Client and/or Trainer may refuse or stop any exercise for any reason. It is Client’s responsibility to notify Trainer of any discomfort or pain arising from or during exercise, as well as, any and all other known limitations Client has or experiences so that Trainer may accommodate Client and substitute another exercise to work for that particular muscle group.

7. Payment:​ Payment must be made for a) a specific agreed-upon number of individual sessions, and/or b) as part of a multi-monthly commitment.

1. Payments for a specific, agreed-upon number of individual sessions must be made in advance of the first session and in one lump sum for all sessions.

2. Should the Client opt for a multi-monthly commitment, monthly payments will be made in advance of the first month and each ensuing month. A Payment for the first month can be made using the below methods, payments for each successive month will be made automatically (Electronic Funds Transfer) on the same date of the month following the signing of the contract.  For example, if the Client signs the contract on April 19, the automatic payment will be made for each ensuing month 19th.

Rollover of Sessions: Successful Payments made each month allows for the rollover of sessions into the next month. There is a sixty (60) day grace period from the time of payment to use the sessions that may remain. After the sixty (60) day grace period, any sessions remaining will be forfeited.

Trainer accepts Venmo, Apple Pay, cash, credit cards, and debit cards only. Payment must be completed for all Sessions before any new or renewal contract may be signed. It is the CLIENT’S RESPONSIBILITY to pay his/her bill, even if he/she does not receive an invoice. If the Client’s payment is more than one week overdue, Trainer may suspend Sessions until the Client’s outstanding invoice is current.

8. Cancellation of Individual Training Sessions*:​ The Trainer builds his schedule around agreed-upon a limited client base, session dates and times. Twenty-four (24) hour cancellation notice, by phone, is required for rescheduling or canceling individual Sessions. Any and all cancellations with less than twenty-four (24) hours notice will result in forfeiture of the Session without refund or rescheduling. If Trainer must cancel a Session, he will do so, by phone, with at least twenty-four (24) hours notice or Client will receive a complimentary Session for his/her inconvenience. This complimentary Session must be used within thirty (30) days of the date of the canceled session.

*It’s at the discretion of the trainer to train the client if a session is canceled within the 24-hour period. 

9. Refund of Unused Sessions:​ Client may cancel this contract for a full refund anytime within 12 hours of signing the contract and paying any amount of money. If the contract is canceled after the first 12 hours it’s completed all sessions are forfeited without refund.

Cancellation of Personal Training or Gym Membership: Fourteen (14) Day notice before canceling contract is needed. (See Paragraph 12)

10. Relocation:​ Should Client relocate his/her residence farther than twenty-five (25) miles outside Trainer’s service area, and should Trainer be unwilling to come to Client’s new residence because of its distance from his service area, Client may cancel this contract and shall be liable for only that portion of the charges allocable to the time before reasonable evidence of such location is presented to Trainer, plus a contract termination fee of 25% of the unused balance.

11. Death or Disability:​ Should Client become unable to use or receive services under this contract due to death or disability, Client, or Client’s estate as the case may be, shall be liable only for that portion of the charges allocable to the time prior to death or the onset of disability. Trainer requires reasonable evidence of death, e.g. death certificate, or disability, e.g. doctor’s note, to be presented at the time of cancellation. Reasonable evidence includes, but is not limited to, a doctor’s letter about the onset of disability or death certificate.

12. Cancellations in Writing: ​Notice of cancellation must be made in writing and delivered to Trainer by certified or registered mail to 'Kinosha Spencer' at '4141 Rockside Road, Suite 30. Seven Hills, OH. 44131', for any and all cancellations of all Sessions or all remaining sessions subject to the requirements of paragraphs nine (9) to eleven (11) above. If applicable, refunds will be made to the customer or at his/her estate within sixty (60) days of receipt of the cancellation notice.

13. Option to Renew:​ By renewing a contract, the Client acknowledges and agrees that the Trainer acted professionally in all prior sessions.