DuBose Fitness Center, LLC (dba DuBose Fitness) DFC

    Terms, Conditions, and Agreements for Clients Use of DFC Services

    Updated February 15, 2021

    The purpose of this document is to outline the Terms, Conditions, and Agreements between DFC and the Client for services rendered by DFC located at 6169 St. Andrews Road Suite # 100, Columbia, SC and to protect the Client, DuBose Fitness Center, LLC, and all Parties associated with DFC.

    Section 1—Major Services Offered: DFC provides a variety of services as follows: (1) Human body personal fitness training; (2) Recommendation of vitamins and other supplements manufactured by third-party vendors; (3) Meal and dietary suggestions; and (4) Other services mutually agreed upon by DFC and the Client. DFC and its staff do not practice medical, chiropractic, or physical therapy services, nor is DFC a certified nutritional service. The Client agrees that any suggestions provided by DFC are to be used by the Client at his/her own risk. Prior to prescribing a dietary and/or personal workout plan for the Client, DFC will assess the Client’s overall mental and physical health condition. The Client agrees to inform DFC during this assessment of all past, present, or potential future problems and health issues experienced by the Client that may impact the Client’s training. DFC reserves the right, in Joel DuBose’s sole professional opinion, to decline services to a potential customer whose condition may endanger their own or the personal trainer’s health. The Client may be required to obtain a medical release from a South Carolina licensed physician using a DFC Medical Release Form prior to or during the services being delivered. Because of the COVID-19 pandemic, both the trainer and Client are required to wear a mask inside the facility with at least three fabric layers to protect each other from virus spread while training. Bandana and Neck Gaiter masks are not allowable. These three-layered surgical masks can be purchased by the Client on Amazon.com for less than $25 for a package of 50. Clients will be required to sanitize their hands prior to and after the personal training, in addition to social distancing of 6’ or more when possible to avoid the spread of the virus. DFC may require the Client to have a COVID-19 test or quarantine in the event DFC suspects the Client may be contagious or is exhibiting symptoms. Clients should wait in their automobile until the previous client has left the building and provide time for DFC staff to sanitize the equipment when needed. The Client agrees to have their forehead temperature checked prior to entering the DFC facility using a touchless device. For more information about the COVID-19, precautions that you can implement to reduce the spread of the virus or being infected, and quality mask selections, please visit the non-profit website www.mikedubose.com.

    Section 2—Agreements and Charges: Unless terminated in writing, this agreement shall be in effect and active from the date of signature and throughout the duration of the Client’s participation in the training and/or use of the gym. Client contracts can be activated with e-mails, texts, or written communications between DFC and the Client which will be considered addendums to the Client’s Contract. DFC currently charges $20 per hour for personal training with a minimum of 10 prepaid sessions. Each training package totals $200 and must be completed within thirty (30) calendar days unless there are extenuating circumstances. There are no finance or other charges due from the Client. This contact does not automatically renew but the client may renew his or her services at the end of each 10-session. Additional 10-session packages may be renewed for a total pre-paid price of $200. Prices are subject to change with a 30-day written notice to the Client and the fee increase will not impact the Client’s current package.

    Section 3—Client Session Cancellations: DFC realizes that circumstances may arise preventing the Client from meeting for a scheduled session. No cancellation fee will be applied if the Client provides a notice of cancellation a minimum of twelve (12) hours before the Client session is scheduled to start. The cancellation notice may be delivered via text, e-mail, or voicemail. If the Client cancels a session less than 12 hours before the session is scheduled to begin, the missed session will count as if the Client was present and will be deducted from the total # of sessions purchased by the Client with the exceptions of unexpected emergencies.

    Section 4—Physical and Mental Health Requirements: The Client certifies that, to the best of his/her knowledge, he/she is in good health and has no physical, mental, or other condition that may restrict or prevent physical exercise, fitness training, or the use of DFC’s fitness training equipment and facilities. DFC strongly recommends that the Client: (1) consult his/her physician before beginning personal training or meal plans and/or taking supplements offered or recommended by DFC and/or third-party vendors; (2) be monitored by his/her physician over the course of his/her relationship with DFC, and (3) consider periodic blood tests to ensure that any training and/or supplements taken by the Client do not have an adverse impact on the Client’s blood chemistry, medications, or bodily functions. The Client agrees to inform DFC in writing of any pain or apparent injury in any body part so that the fitness program may be halted or changed to prevent further injury. The Client also assumes full responsibility for seeking medical assistance if he/she suspects that he/she has suffered any injury or medical problem.

    Section 5—Liability Waiver: IMPORTANT! PLEASE READ CAREFULLY! The Client understands that fitness training is not an exact science and that the effects of any exercise, personal training, meal program, and/or supplement will vary from person to person. While DFC will do its best to assist the Client in meeting his/her fitness goals, DFC does not guarantee any result, including but not limited to weight loss, weight and muscle gain, or any particular body improvement. The Client understands that as with any sport, exercise, athletic, body building, or personal training program, the risk of injury arising from or in connection with fitness training, the equipment used in the facility, consumption of any supplement and/or meal plan recommended by DFC and suggestions made by DFC representatives can occur. The Client knowingly and freely assumes all such risks, both known and unknown, and accepts full responsibility for his/her participation in the DFC programs. The Client agrees that, in the event of injury and/or adverse effects related to services provided by or supplements recommended by DFC, the Client, for himself/herself and on behalf of his/her heirs and assigns hereby release and forever hold harmless DFC, shareholders, affiliates, personal trainers, officers, members, contractors, agents, representatives, employees, consultants, agents, or entities, and the Seven Oaks Mall Owner, hereafter known as the “Released Parties,” with respect to any and all injury, disability, or loss or damage to person or property, or otherwise, except that which is the result of gross negligence and/or wanton misconduct. This waiver is intended to release and discharge the Released Parties from all damages, actions, claims and liabilities, whether known or unknown, of any nature arising from or in connection with the equipment used in the facility or suggestions made by DFC representatives, excluding that which is the result of DFC’s gross negligence and/or wanton misconduct. The Client acknowledges he or she has read this release of liability and assumption of risk agreement, and fully understands the terms. The Client has given up substantial rights by signing the Client’s contract freely and voluntarily without any inducement.

    Section 6—Limit of Liability: If the Client exercises his/her right to pursue compensation through the courts resulting from DFC’s intentional actions, the Client agrees that the amount that he/she will pursue will not exceed the actual amount paid by the Client to DFC.

    Section 7—Equipment: The Client agrees that his/her use of DFC’s equipment is at the Client’s own risk. If any accident or injury occurs from a defect in DFC’s equipment, the Client agrees to direct any lawsuits or requests for damages to the equipment’s manufacturer and hold harmless the Released Parties.

    Section 8—Discrimination and Harassment: DFC has a zero tolerance for sexually harassing any Client or discriminating against anyone based on gender, sexual orientation, color, religion, national origin, age, disability, race, circumstances, or background. “Sexual harassment” is defined as any unwelcome sexual advance, request for sexual favors, profane joke and/or reference, or any sexually suggestive or derogatory word or action. If the Client feels that he or she is being subjected to discrimination or harassment, the Client should first confront the harassing person. If the issue continues, the Client should send an e-mail with a requested receipt of the communication to: Robert M. DuBose, DFC Member, at mike@dubosegroup.com or a certified letter to him at PO Box 1696, Irmo, SC 29063 outlining the issue with his/her name, telephone number, and a convenient date and time to meet or talk by telephone. Please be advised that all rooms within DFC are camera monitored with exceptions of the private dressing area and bathroom. Footage is not reviewed unless there is an infraction or concern. DFC may ask the Client to voluntarily e-mail pictures of himself/herself to assess body mass, personal training planning, and physique progress. When requested, the Client agrees to e-mail pictures wearing a posing suit, trunks, or something similar and no pictures where the Client is nude, in underwear, and/or wearing sexually revealing clothing. The Client has the option to decline body pictures.

    Section 9—Contract Termination and Refunds: The Client’s contract does not include any provision for a promissory note. The Client may cancel this Client’s contract by sending notice of your cancellation written notice to DFC before midnight of the third business day after you sign the Client’s contract. 'Business day' means Monday through Friday excluding state holidays and federal holidays. This notice must be sent certified mail to the following: Robert M. DuBose, DFC Member, Post Office Box 1696, Irmo, SC 29063. Within thirty calendar days of receipt of this notice, DFC shall return any payments made. DFC may deduct a reasonable fee from the payments being returned based on the fees paid divided on a pro rata share by the number of days of personal training used by the customer. For example, in the event the Client cancels a 10-session training package after the third training, only the remaining 7 sessions ($140) will be reimbursed. In addition, you or your estate may also cancel the Client’s contract at any time by written notice to DFC at the above address if the following circumstances occur: (1) the customer's death; (2) substantial physical disability, certified by a physician, which makes it permanently impossible for the customer to use the center's services; (3) the customer's permanent relocation to a residence over fifty miles distant from the outlet operated by DFC. DFC may require presentation of information to substantiate that one of these circumstances has occurred. However, if the Client begins personal training services offered by DFC, even though the Client’s contract may be terminated, Sections 5, 6, and 7 of this agreement will remain in force beyond the date of termination.

    Section 10—Legal Jurisdiction: The laws of Lexington County, South Carolina will govern the Client’s contract. The Client agrees that, in the event any part of the Client’s contract is found to be invalid or unenforceable by a court or another legal entity, the remaining provisions shall remain enforceable to the fullest extent of the law. If you have concerns, we encourage you to consult with your attorney and/or physician prior to signing any agreement and/or submit any questions or clarifications either verbally by calling 803-454-2020 or writing Joel DuBose at joel@dubosefitness.com.

     

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