TERMS & CONDITIONS
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES
This Agreement is subject to change by UNDERTONEFITNESS.COM, UnderTone Fitness, or Brad Crittenden (hereinafter "Trainer") in its sole discretion at any time, with or without notice. Your (hereinafter "Client") continued use of this Site or the Services after the posting of revisions to this Agreement and your Training Program will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
Trainer is not a medical professional and is without expertise to diagnose medical conditions or impairments. Client agrees to promptly and fully disclose to Trainer any injury, condition or impairment which may have a deleterious effect on or be impacted by this training program and the Trainer’s decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the Client, the Trainer or others shall be conclusive.
Client understands that the Training Program has been designed specifically for Client based on a variety of factors. Client assumes all of the risks known to be inherent with participation in physical activity, including but not limited to: heart attack, stroke, heat stress, serious injury to bones, joints, muscles, and other skeletal components, and death. Client is voluntarily participating in the training program and hereby waives any and all claims he/she may have against Trainer for any injury resulting from participation in said activity.
Client agrees on behalf of him/herself and his/her personal representatives or heirs to release and discharge Trainer, his agents, representatives, successors and assigns from any and all claims or causes of actions (known and unknown) arising out of this training program including without limitation injury or loss resulting from Client’s use of any equipment or facilities which break or malfunction.
Client is voluntarily participating in the Training Program and hereby waives any and all claims he/she may have against Trainer for any injury resulting from participation in said activity and certifies that:
a. He/she is physically capable of participating in a strength, flexibility and aerobic training exercise program and using the equipment associated with such training.
b. He/she has either (i) had a physical examination and been given a physician’s permission to participate in this training program; or (ii) decided to participate in this training program without the approval of a physician.
Client 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 know limitations Client has or experiences so that Trainer may accommodate Client and substitute another exercise to work that particular muscle group.
This Training Program will involve physical activity and, as appropriate, use of certain equipment and machinery. Such activities may present a risk of injury or even death. Client voluntarily agrees to participate in these activities and to assume all risk of personal injury, death and property damage resulting from such activities, use of equipment, machinery or public or private facilities.
No implied warranties or representations are made other than those expressly contained herein and this document contains all of the terms of the Agreement between the parties. Trainer expressly notes that results will differ for clients based upon various factors including without limitation; body type, nutrition, etc. and no guarantees of results are possible.
Client agrees to payment rate and payment schedule outlined per Training Program upon checkout. The Client may not participate in Training Sessions (“Sessions”) with an overdue account. Pre-paid Sessions that may go unused for the month will carry over to the following month, but no further. Payment for Sessions is non-refundable.
6. REOCCURRING PAYMENTS
If Reoccurring Payments is elected, Client authorizes regularly scheduled charges to credit card. Client will be charged the amount for each billing period indicated upon checkout. A receipt for each payment will be provided to the Client and the charge will appear on your credit card statement. Client agrees that no prior notification will be provided unless the date or amount changes, in which case Client will receive notice at least 10 days prior to the payment being collected.
Client understands that this authorization will remain in effect until the Client cancels it in writing, and agrees to notify of any changes in account information or termination of this authorization at least 15 days prior to the next billing date. If the above noted payment dates fall on a weekend or holiday, Client understands that the payments may be executed on the next business day. Client acknowledges that the origination of Credit Card transactions to Client’s account must comply with the provisions of U.S. law. and certifies that Client is an authorized user of this Credit Card and will not dispute these scheduled transactions; so long as the transactions correspond to the terms indicated in this Agreement in connection with Client's registered Training Program.
7. TRAINING LOCATION
Payment rates herein this Agreement does not include any additional costs, memberships, or fees associated with the use of training facilities (e.g. Tap Out Fitness).
8. IN-PERSON SESSION CANCELLATION
Client must notify Trainer of cancellation twenty-four (24) hours prior to scheduled In-Person Session. Client will be charged for the In-Person Session if less than twenty-four (24) hours’ notice of cancellation is given. Trainer must notify Client of cancellation twenty-four (24) hours prior to scheduled In-Person Session. If less than twenty-four (24) hours’ notice of Trainer’s cancellation is given, Client will receive a complimentary In-Person Session for his/her inconvenience. This complimentary In-Person Session must be used within sixty (60) days of the date of cancellation. After sixty (60) days, the complimentary In-Person Session offer will expire.
If Client is more than fifteen (15) minutes late for a Session and has not notified Trainer, Client will be considered a no-show and will be charged for the session without participating. If Client is consistently late, loss of a time slot and/or training may occur in Trainer’s discretion. Time slots cannot be guaranteed after lengthy vacations or time away without prior communication. Rescheduled Sessions will be accommodated on a first-come, first-serve basis.
Client retains the right to terminate a paid Training Program only by written notice to Trainer within four (4) calendar days from the date of registration for a full refund of any and all monies paid under this Agreement in connection with Client's Training Program.
Client retains the right to terminate their paid Training Program one (1) year from the date of registration only by written notice to Trainer ten (10) business days prior to termination effect date and shall be liable for only the portion of the charges allocable to the time before written termination notice is to take effect. Termination requests of In-Person/Hybrid Programs submitted prior to one (1) year of registration date will be subject to an early termination fee of $150.
Trainer retains the right to terminate the Training Program for any reason including without limitation to Client’s failure to follow direction or conduct contrary to the interests of this Agreement and Client's Training Program. In the event of termination as set forth herein, Trainer shall refund to Client the sum associated with any unused Sessions.
10. IN-PERSON/HYBRID PROGRAM RELOCATION
Should Client relocate his/her residence more than twenty-five (25) miles outside Trainer’s service area, and should Trainer be unwilling to commute to Client’s new residence because of its distance from his service area, Client may terminate their Training Program and shall only be liable for that portion of the charges allocable to the time before reasonable evidence of such location is presented to Trainer.
11. DEATH OR DISABILITY
Should Client become unable to use or receive services under this Agreement in connection with Client's Training Program 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 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.
This Agreement in connection with Client's Training Program will remain in effect until otherwise terminated or nullified by superseding documentation agreed upon by both Client and Trainer.
13. LOYALTY PROGRAM & PAID-IN-FULL DISCOUNTS
Each consecutive year from the date of Client's Training Program registration that Client trains consistently without any lapses (injury excluded) Client will incur a 5% cumulative discount each year for up to three (3) years on their package until a maximum 15% discount cap is reached. Paid-in-full (“PIF”) discounts may not be combined with Loyalty Program discounts. Only the greater discount percentage between the Loyalty Program and PIF discount may be applied. Lapsed compensation to Client for Loyalty Program discounts are not retroactive. If not applied automatically are the Client's responsibility to notify only by written notice to Trainer to take effect upon the next billing cycle.
14. FREE TRIAL
UnderTone Fitness offers free five (5)-day online workout (“Free Trial”), which entitles Client to access UnderTone Fitness's General Online Training Program for a period of seven (7) days from the moment that Client activates such trial period by registering. Free Trial includes a total of three (3) body-weight workouts and two (2) cardio sessions. UnderTone Fitness reserves the right, in its sole discretion, to withdraw or to modify this Free Trial offer at any time without prior notice and with no liability. Offer is valid for first-time clients only.
15. COMPLIMENTARY CONSULTATION
UnderTone Fitness offers a complimentary consultation ("Consultation"), which entitles Client to a free assessment of fitness goals and current fitness level upon request. Consultation may be performed In-Person for Sandy Springs, Georgia area Clients, via phone, or email.
16. CONSENT TO RECEIVE EMAILS
By Requesting program Access, you agree (or, if you are a minor, your parent or legal guardian must agree) to receive advertising, marketing materials, and other communications from UnderTone Fitness. By registering, you will automatically be subscribed to receive UnderTone Fitness emails. You may unsubscribe from receiving marketing emails at any time by clicking the “unsubscribe” link contained in the email footer or by contacting INFO@UNDERTONEFITNESS.COM. Please allow up to ten (10) business days to process unsubscribe requests.
17. USER CONTENT
Trainer is not responsible for, and does not endorse the opinions, advice or recommendations in User Content and specifically disclaim all liability in connection therewith.
Trainer reserves the right to modify, review, delete and refuse to post User Content for any reason.
18. MOBILE SERVICES
The Site may include certain services that are available to Client via your mobile phone or other mobile device including the ability to use your mobile device to receive and reply to messages and access certain other features. Mobile devices and/or mobile apps may be subject to additional terms and conditions.
19. LINKED THIRD PARTY SITES
Links to other websites operated by third parties, including PT DISTINCTION and WIX, do not constitute sponsorship, endorsement, or approval by UnderTone Fitness of the content, policies, or practices of such linked sites. UnderTone Fitness does not operate, control, or maintain linked sites and is not responsible for their availability, content, security, policies, or practices. Links to other sites are provided for your convenience and you access them at your own risk.
20. IN-PERSON/HYBRID PROGRAM TERMS & CONDITIONS
Appropriate athletic footwear and loose, comfortable clothing to facilitate ease of movement shall be worn. Proper nutrition and adequate rest are essential to this training program and Client must not be under the influence of drugs or alcohol at any time during the Session.
21. COMPLIANCE WITH LAWS
22. TERMS & CONDITIONS
The failure to strictly enforce any provision of this Agreement shall not constitute a waiver of any right to subsequently enforce this Agreement. All provisions shall be deemed severable and the inability to enforce any provision shall not affect the other provisions. This Agreement shall be construed under Georgia law.
23. REVISION DATE
This Agreement was last revised on July 24, 2018.