Training Program Policy

Member(s) Service of Agreements

  1. PROVISIONS:

High Performance Academy referred as (‘HPA’) or (‘Academy’) will provide a fully equipped exercise training area. The term ”member, student, client, or customer” shall mean the customer purchasing services of the Academys training programing. Facilities that HPA uses may be unavailable during a period of repair and maintenance or special events, programs or private parties, or by management’s schedule for these events. HPA will provide alternative facilities that are opened to the public in case it is needed.

  1. LIABILITY AND WAIVER OF LIABILITY.

In consideration of participation in this Academy, I acknowledge and understand the following:

  • Medical Attention: I understand that the staff does not offer a comprehensive medical insurance plan. I have checked with my family policy to make sure that the participant is properly covered by insurance, in order to participate in the Academy. In the event of a medical emergency, I hereby give permission to the physician and procedures selected by the facility to provide customary medical attention, transportation, and emergency medical services as warranted during participation of this Academy.
  • Waiver & Release Liability: In conjunction with participation in the academy camps, clinics, sessions, events, and programs, the undersigned, on his/her behalf or a parent/legal guardian of the participant, acknowledges and underrates that each participant will be engaging in the activities that involve risk of serious injury, including permanent disability and death, as well as potential economic losses, which could result from his/her own actions, inactions or negligence of others; the condition of the premises; or the equipment used. I also understand and acknowledge that appropriate improper physical contact for purposes of teaching a particular movement during the activities is a natural part of the learning process.

 

In consideration for the opportunity to participate in the programs and actives of the academy, the undersigned, on his/her behalf or a parent/legal guardian of the participant, hereby expressly and voluntarily agree to assume all risk, whether known or unknown, of participation in such programs and activities. The undersigned, on his/her behalf or a parent/legal guardian of the participant, further agrees not to sue and to hold harmless and forever release, waive, and discharge {SchoolName}, the respective errors, administrators, executors, successors, assigns, directors, employees, agents, independent contractors, official partners, unofficial partners, and advertisers, and if applicable, the owner’s, lessons and lesses of the premises used to conduct programs and activities, from any and all liabilities, claims, demands, losses, and causes of action that the participant and his/her parents, errors, executors, administrators, successors, and assigns may have for injuries and damage arising out of participation in the programs and activities of {SchoolName} whether, in whole or in part, by the acts, omissions, or negligence of the releases or otherwise. In case of emergency, I agree on my behalf or a parent/legal guardian of the participant, that a qualified physician may treat the participant.

 

  1. MEMBERSHIP AGREEMENT:

You have purchased a Membership with the academy and you agree to abide by all the terms in this Agreement, and to follow the Academy established Membership Policies and any posted or published Academy Rules. Your Membership permits you to use the Academy premises, facilities, equipment and services (collectively, the Facilities). Your membership must be in good standing to use the facilities and services of the academy or its partners. The Academy reserves the right to amend its membership Policies and Academy Rules from time to time in its sole and absolute discretion. The failure of Member or Members family to follow the Membership Policies and/or Academy Rules may result in the cancellation of the Membership. Your Membership is non-transferable, non-assignable, and it does not give you any legal or financial rights in the Academy, its management, property, assets, or operation.

  1. MEMBERSHIP INITIATION AND MONTHLY DUES:

The membership annual fee is an annual fee provided that the membership status does not change or lapse. The monthly dues for home billing are payable no later than the 10th day of the due date. All late payments received after the 10th of the due date or any returned checks will be charged a $15.00 fee. If a failed payment is later than the 10 days from the due date, I acknowledge that the academy may charge the card that is on file. The Academy reserves the right to increase dues from time to time on no less than 30-days advance written notice to the Member. You acknowledge that the Academy’s monthly dues rate is subject to change. The Academy may increase your dues and fees at any time. The Academy will provide you with written notice at least 30 days before the increase takes effect. It is required that each member has an updated card on file whether they choose to pay with cash or check. Members are responsible for monthly dues whether or not they use the services and/or facilities.

 

  1. STATUTORY CANCELLATION RIGHTS:

If the cost of your membership, including initiation fees, is between $100 and $200, you have the right to cancel this membership within 5 days after the contract is executed. If the cost of your membership, including initiation fees, is between $201 and $250, you have the right to cancel this membership within 15 days after the contract is executed. If the cost of your membership, including initiation fees, exceeds $250, you have the right to cancel this membership within 25 days after the contract is executed.

  1. CANCELLATION UPON RELOCATION:

If the Member moves further than 25 miles from the academy, Member may request to be relieved from the obligation of making payment for services other than those received prior to the move, and if Member has pre-paid any sum for services, so much of such sum as is allocable to services he or she has not taken will be refunded. {SchoolName} reserves the right to charge a cancellation fee of $200 if less than one-half of Members contract term has expired, or, $100 if more than one-half of Members contract term has expired.

  1. CANCELLATION UPON DEATH OR DISABILITY:

If by reason of death or disability of the Member, Member is unable to receive all services for which Member has contracted, the Member and his/her estate shall be relieved from the obligation of making payment for such services other than those services received prior to death or the onset of disability. In the event Member has prepaid any sum for services, so much of such sum as is allocable to services the Member has not taken shall be promptly refunded to Member or his/her representative on request. Disability means a condition which prevents the Member from physically using the Academy’s services or facilities, and the condition is verified by a physician.

  1. PERSONAL PROPERTY LIABILITY:

Academy is not liable to Member or Members guest for personal property, including any automobile or its contents, that are lost, stolen, damaged or misplaced while Member or Members guest are on or about the Academy premises. Member and Members guest assume the risk of any loss, theft or damage to his/her personal property while in, or about, the Academy premises and member and Members guest release the Academy from all liability with respect thereto. The Academy may provide bags for Members and Members guests personal property; however, the provision of such storage is as a courtesy only, and neither the Academy nor its employees or agents make any representation or warranty regarding the security of such storage or assume any responsibility or liability with respect to any property that is lost, stolen, damaged or misplaced. Damage to Academy property shall be paid for by any member who willfully or neglectfully causes such damage. Members are responsible for damage incurred by dependent children and guests.

  1. MAKE-UP SESSIONS:

It is my responsibility to attend my personal training appointments when they are scheduled. Every effort will be made to reschedule a training session according to the mutual availability of the client and trainer.

  1. MEMBERSHIP HOLD:

You may request that the academy deactivate your membership that is a three (3) or more months agreement. You must give the academy a 15-day written notice of the request before your membership dues are owed. In the event that you are too late to stop your monthly payment, a credit for the academy usage will be listed on your account when you reactivate your membership. If the Members are still within their agreement, they may request to have their account on hold for a total of 1 request per the calendar year within the agreement at no cost. Any accounts that are on hold, members of the academy cannot be scheduled for any sessions unless the account is active. Within the Members and the Academy’s agreement, their monthly billing will continue until the Member fulfills the term of their agreement. Member must deactivate their membership on a monthly basis only unless Members membership is pre-paid in full. The Academy will not prorate monthly dues and the Member will be charged a full month’s dues if they do not deactivate and reactivate in monthly increments. A separate agreement regarding membership deactivation and reactivation must be signed by Member.

  1. TERMINATION OF MONTHLY MEMBERSHIPS:

If more than five (5) business days have passed since Member joined the academy, then monthly membership may be terminated at any time upon twenty (20) days written notice via certified mail from Member to the Academy. The termination notice must be received at least fifteen (15) days before Members next billing date to allow sufficient processing time. A termination fee will be charged if Member request to terminate their agreement before their term ends. Member will be charged 50% percent of total cost of membership for each month that remains to end of the agreement with an additional one-time administration fee of $75.00.

  1. TERMINATION FOR CAUSE BY ACADEMY:

The Academy may, at its option, terminate Members membership if (1) Member fails to make timely payments under any payment plan, (2) Member fails to follow the Academy membership rules and regulations or this Agreement, or (3) Members conduct is improper or harmful to the best interests or welfare of the Academy or its Members. Termination for cause is effective on the date the Academy mails a written notice to Members last known address. Member remains financially responsible for all dues and charges incurred until the date of termination.

  1. CANCELLATION/RESCHEDULING POLICY FOR SESSIONS:

The participant and his/her parents must contact the instructor, directly to his line in case of cancellation. The instructor must be contacted at least 12 hours to start time in order for a cancellation fee of $30 to be waived and have the option to reschedule. If the instructor is contacted within 12 hours of scheduled start time, your session will, unfortunately, be forfeited. If Member fails to show or contact the instructor, the scheduled session will be considered as incomplete and may not be rescheduled. In case Member(s) fail to complete the total amount of sessions that they are entitled too within the current month, the remaining sessions can be made up within 7 days into the following month.  Every effort will be made to reschedule a training session according to the mutual availability of the member(s) and the academy trainer. The academy also reserves the right to cancel a session if the athlete is more than 15 minutes late.

  1. PAYMENT AUTHORIZATION:

The members authorizes High Performance Academy (‘Academy’) to electronically transfer funds from their bank/credit card account each month for payment of all amounts due to the Academy, which may include their monthly dues, my payment plan installments, annual increases in monthly dues, upgrades or additional dues, applicable taxes, fees for fitness or ancillary services, and any other unpaid fees or dues. The deductions continue until their membership is terminated or canceled in writing. The member understands that my dues may vary due to a change in monthly fees, past unpaid dues or other fees and charges in a range not to exceed three (3) times the monthly dues shown above. The member also understand that if they fail to notify the Academy within thirty (30) days of any changes to their account information or if their payment is returned or declined for undisclosed reasons, they are responsible for all bank charges, all processing return items, and the Academy’s $15.00 fee for each returned item.

  1. AGREEMENT AND RELEASE OF LIABILITY:

The member acknowledges that supervision is not always provided at the facility.

  1. ENTIRE AGREEMENT:

This Agreement and Bylaws constitute the entire and exclusive membership agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which is not continued herein, are hereby waived.

  1. MEDIA:

The academy or any party designated by the academy may photograph or film me while I attend the premises of the academy and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.

  1. MEMBERSHIP DOWNGRADES:

If for any reason, the member decides to downgrade their membership there will be an administrative fee of $65 and the member will need to pay for the difference of enrollment fee for the plan choosing.

  1. MEMBERSHIP REINSTATEMENT:

Once the membership agreement is over and the member is no longer with HPA, the member is able to reinstate the membership with HPA. If reinstatement is done in the first 60 days from cancellation, the administrative fee will be waived. However, if reinstatement is done 61+ days after cancellation, the administrative fee is the retail fee.