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Terms & Conditions

Disclaimer

 

You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.

Brass Performance offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.

Developments in medical research may impact the health, fitness and nutritional advice we believe in. No assurance can be given that the advice contained with Brass Performance will always include the most recent findings or developments with respect to the particular material.

If you are in the Canada and think you are having a medical or health emergency, call your health care professional, or 911, immediately.

Client / Member Agreement

$25 fee for nsf / missed / late payments

Any and all verbal or written contracts that are not month to month are held to the agreed upon amount of months and monthly fee for a minimum of 4 consecutive months. Cancellation before the agreed upon amount of consecutive months and / or before the 4 consecutive month mark requires 1 month notice + half the agreed upon monthly fee. Cancellation before the agreed upon amount of consecutive months after the 4 month mark requires 1 month notice only. Contracts whether verbal or written that have been fulfilled will automatically fall into a month to month contract. Any banked sessions must be made up within the half or one month cancellation notice period otherwise they will be terminated. If wanting to cancel upon fulfilling your initial contract we require 1 month notice or else your contract will automatically fall into a month to month contract and another monthly payment will be due

Verbal, written or fulfilled contracts that start as a month to month contract require a half month notice to cancel, otherwise another monthly payment will be due. Half month cancellation notice must be submitted with our Adjustment | Cancellation form before the 1st of the month (last half month of training you have already paid for) if your monthly payments fall on the 15th of every month or another monthly payment will be due. Half month cancellation notice must be submitted with our Adjustment | Cancellation form before the 15th of the month (last half month of training you have already paid for) if your monthly payments fall on the 1st of every month or another monthly payment will be due

If you wish to cancel you will need to submit our Adjustment | Cancellation form. The date you submit the Adjustment | Cancellation form will be your official cancellation notice date

If a contract has been upgraded or downgraded the cancellation fees are based off the average of every payment that has been made

Contracts may be upgraded or downgraded at anytime between our diamond, crystal, platinum, gold and / or silver packages. Downgrading from our diamond, crystal, platinum, gold and / or silver packages to our bronze package will only be accepted after the initial contract total dollar amount has been fulfilled. Any and all discounts that were given will be removed if choosing to downgrade to a lower package or if the personal training sessions are to move to another location. Our downgrade feature is especially helpful when there may be a time to help catch up on unused personal training sessions. Unused personal training sessions can only be made up at a rate of 1 personal training session per week

If choosing to downgrade to a lower package, the total dollar amount of the initial agreed upon contract must be met. In most cases this is easily achieved by training for more months than initially signing up for

Any and all unused personal training sessions can only be made up during a paid personal training period. You are not allowed to freeze or cancel your monthly payments to catch up on unused personal training sessions. If you do choose to freeze or cancel your monthly payments, any and all unused personal training sessions will be terminated. Use to our studio is not allowed unless it falls within a paid membership period

Same day cancellations and / or no shows for a personal training session result in a loss of that personal training session

Monthly payments will still be charged at 25% of the agreed upon monthly fee if choosing to freeze a contract. You may freeze a contract at anytime

If a contract has upgraded or downgraded the freezing fees are based off the average of every payment that has been made

The allowed amount of time to freeze a contract is half the amount of consecutive months you have paid for. If you do choose to freeze and use up all your time your account will automatically fall back into regular payments where you left off or you can choose to cancel and pay any required cancellation fees

Cancellation of any contract will terminate any and all unused personal training sessions

We do not issue any refunds for any and all contracts whatsoever

We have the right to relieve a client from their contract at anytime who we deem unsuitable to train for any reason whatsoever

Personal Trainer Contract

This is a binding contract and is in place the moment you start personal training a Brass Performance client

 

You will be classified as an independent contractor and not a Brass Performance employee

Includes


Exclusive Personal Training Studio For You and Your Clients
Personal Trainer Package
Business Email
Apparel, Trainer Gear, Supplement Line Discount
Personal Trainer Insurance Discount
24 / 7  Support -  Questions and / or Concerns Answered Immediately
Automated payment processing software
Scheduling and booking software for you and your clients
Nutrition and Exercise software for customizing programs for you and your clients
Brass Performance Business Cards Discount

Payment Structure

A Brass Performance client who we introduce to you, who will be receiving personal training from you in one of our personal training studios, will pay Brass Performance the total. We will then pay you half the total monthly payment before tax. If you start training a Brass Performance client in one of our personal training studios, The personal training needs to remain at one of our personal training studios at all times. If the client prefers to receive the personal training elsewhere at a later time the payment structure remains the same with half the total monthly payment before tax paid to you. This goes for referrals that may come from a client who we introduce to you

A Brass Performance client who we introduce to you, who will be receiving personal training from you who does not want personal training in one of our personal training studios, will pay Brass Performance the total amount. We will then pay you 2/3 the total monthly payment before tax. You and the client will figure out the most optimal location for the personal training to take place

Clients who you obtain yourself, who will be receiving personal training from you in one of our personal training studios, will pay Brass Performance the total amount. We will then pay you 2/3 the total monthl
y payment before tax

In the case you need to downgrade a personal training package for a client to help catch up on unused personal training sessions, Brass Performance will continue to keep it's original monthly payment amount and the remainder of the payment will be sent to you

Any and all client enrollment, cancellation, tax or freezing fees do not get paid out to you

Disclosure

We require 1 month notice If you want / need to cancel

 

In the event Brass Performance refunds a client who isn't satisfied with your services for whatever reason, you will be subject to refund half the total amount

Brass Performance has the right to relieve you from this contract at anytime if we come to the understanding you are:

Receiving client payments directly without our knowledge

Personal training clients in person outside of the information in this Brass Performance Personal Trainer Contract (free personal training included)

Non Compete Clause

Having premeditated conversation(s) with clients you are currently training or have trained involving you leaving / have left Brass Performance and are willing to train these said client(s) on your own. Our Non Compete Clause is in place for one year of your last official day as an independent contractor for Brass Performance. This means you are legally not permitted to personal train anyone who is / has ever been a Brass Performance client for one year from your last official day as an independent contractor with us

Waiver

In consideration of my use of the nutrition / exercise programs, exercise equipment and facilities provided by Brass Performance and their contracted personal trainers, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that Brass Performance and its insurers, employees, officers, directors and their contracted personal trainers, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest(s), on, off or about the premises, or as a result of the use of the nutrition / exercise programs, exercise equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of Brass Performance and their contracted personal trainers.

By the execution of this waiver, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest(s), and I hereby fully and forever release and discharge Brass Performance, its insurers, employees, officers, directors, their contracted personal trainers and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said nutrition / exercise programs, exercise equipment and facilities.

I expressly agree to indemnify and hold Brass Performance and their contracted personal trainers harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest(s).

I agree to be solely responsible for safety and well being of my guest(s) and myself. I understand that Brass Performance and their contracted personal trainers do not provide supervision, instruction, or assistance for the use of the nutrition / exercise programs, facilities and exercise equipment.

I agree to comply with all rules imposed by Brass Performance and their contracted personal trainers regarding the use of nutrition / exercise programs, facilities and exercise equipment. 

I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any portion of the nutrition / exercise programs, facilities and exercise equipment in a manner inconsistent with its intended design and purpose.

I understand and acknowledge that the use of nutrition / exercise programs, facilities and exercise equipment involves risk of serious injury, including permanent disability and death.

I understand and agree that Brass Performance and their contracted personal trainers are not responsible for property that is lost, stolen, or damaged while in, on, off or about the premises.

I understand and agree that my use of the nutrition / exercise programs, facilities and exercise equipment is only to be undertaken on my own personal time, and that my use of the nutrition / exercise programs, facilities and equipment is not within the course or scope of my employment.

Disclaimer / Agreement / Personal Trainer Contract / Waiver are subject to change without notice at anytime

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