Terms of Service

Terms of Service

You will love the products and services provided by Bill Yeager’s Transformations (referred to hereinafter as “Bill Yeager’s Transformations”). Here’s what you should know for each product and service.

 

AGREEMENT

Now, therefore, in consideration of the premises, mutual covenants and promises hereinafter set forth, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Company Services. Bill Yeager’s Transformations hereby agrees to provide Client with the Services (In Home Personal Training, Virtual 1-1 Training, or In-App Training) and Client agrees to accept such services (“Services”). In addition, Client acknowledges and agrees that by participating in one or more Meal Plan sessions with a staff member of the Company, which are included in the Services provided by the Company and for which Client provides no separate remuneration (“Meal Plan Service”) Client has received the Meal Plan Service in and shall not be entitled to any prorated or full charge-back or refund for such unutilized Meal Plan Service. The Client further acknowledges and agrees that the Meal Plan is not considered a diet or weight reduction program, but it is considered a routine to improve the Client’s overall health and well-being. Client acknowledges and agrees that the Services to be provided by Company shall expire after thirty (30) days from the date of purchase if not otherwise used before such expiration. To the extent any Services hereunder are considered or determined to be a product, Client shall not be entitled to any charge-back or refund related thereto.
2. Payment Terms.

(a) Payment Method. Client hereby authorizes Company to process any and all Payments due hereunder via automatic credit card, checking account (ACH), or timely payment made by client via invoice in special circumstances only when prior agreement is made by client and Bill Yeager’s Transformations.  Client shall select the method of payment prior to signing this Agreement. Payment in increments by any means other than the above is not permitted, unless otherwise agreed by the Parties in writing. I agree to call Bil Yeager’s Transformations within twenty-four (24) hours of any Payments becoming due if there are any changes in the banking information provided for Payments. Client understands that there are no refunds for any product or Services provided by Company, unless otherwise agreed by the Parties in writing. Until Company is properly notified of the termination pursuant to this provision and until the termination has been processed by Company, Company reserves the right to continue processing Payments from the Client’s credit card and/or ACH account Company has on file.

(c) Applicable Fees. An administrative fee of thirty-five dollars ($35.00) shall be billed to my bank account and/or credit card if the Company is unable to collect payments due for any reason. Client understands that unless the Parties otherwise agree in writing and Client disputes or revokes any charges, or initiates a chargeback through the Client’s bank account or credit card then a re-collection fee of ninety-five dollars ($95.00) will be charged to Client’s bank account or credit card for each dispute. Any Payments or other amounts owed by Client to Company under this Agreement, which continue to remain unpaid thirty (30) days after the same are due and payable, shall accrue interest at the rate of twelve percent (12% per annum until paid in full.)

3. Agreement Term.

(a) Termination. The Agreement shall continue for the agreed Term written in product description on payment screen, unless cancelled in writing, by either:

1. The Client, with prior notification of at least three (3) business days before the next Payment billing date if applicable; or
2. The Company at any time and for any reason, including but not limited to non-payment of Payments or violation of the Company’s Policies (as hereinafter defined).

(c) Payment Required. Payments must be completely paid for by Client to fulfill the terms and conditions of this Agreement.

4. Refunds.No refunds shall be made by Company to Client or any third-party under any circumstances.
5. Company Policies & Procedures.Client hereby acknowledged and agrees to adhere to any and all policies and procedures of the Company which were reviewed by the Parties and which are applicable to this Agreement, as provided for on Exhibit A, attached hereto and incorporated herein by reference, as such may amended and updated by the Company from time-to-time (“Policies”).
6. Physical Condition & Examination.

(a) Physical Condition. The Client is of adequate physical condition to receive the Services despite any current medical conditions the Client may possess. The Client hereby voluntarily agrees to participate in the Services and further agrees to be solely responsible for Client’s safety and wellbeing.

(b) Physician Examination & Authorization. The Company advises the Client to obtain a physical examination from a licensed physician, prior to increasing his or her activity level or otherwise engaging in the Services offered by the Company, and should consult with such physician regarding the Client’s diet, the use of food supplements, weight reduction and/or body building enhancement products, and any changes in the use thereof. The Client assumes all risk associated with obtaining or forgoing such examination and consultation in addition to any other risks assumed herein. Such physician’s examination should include a determination of the Client’s suitability for unrestricted physical activity, on a gradually increasing basis; and restricted or supervised activity to suit the Client’s needs.

7. Client Default; Remedies.

(a) The following shall constitute an Event of Default, for purposes hereunder, if the Client:

• Fails to pay any amount due to Company under the terms and conditions of this Agreement;
• Fails to adhere to the Company’s Policies, as applicable at the time of such default;
• or violates any term or condition of this Agreement.

(b) Upon the occurrence and during the continuation of an Event of Default hereunder (unless any such Event of Default has been cured when curable or waived by Company), Company may, at its option,

• (i) by written notice to Client, declare the entire outstanding Payments due under this Agreement, together with all accrued interest thereon and any other amounts due to Company from Client hereunder, immediately due and payable, and
• (ii) exercise any and all rights and remedies available to the Company under equity or under applicable law, including, without limitation, the right to collect from the Client all sums due and enforce all remedies under this Agreement. If the Client account remains past due and unpaid for any period provided hereunder, then Company has the option to place the Client’s account with a collection agency. Client shall pay all costs of collection including but not limited to collection agency fees, maximum interest allowed by the state of Connecticut, court costs and reasonable attorney’s fees incurred by Company’s attempt to recovery any amounts due from Client hereunder.

8. Youth Training. In its sole and absolute discretion, the Company may agree to provide the Services to children ages 7-17; provide that such child’s parent, custodian and/or guardian sign this Agreement and further provided that such parent, guardian, custodian, and child shall be included in the definition of an “Authorized Person” and as a “Client” for purposes of this Agreement and execute any document first required by the Company. A child Client must have a program planned and paid for in advance for them and be trained and supervised by a Company trainer at all times.
9. Training of Disabled Clients.In its sole and absolute discretion, the Company may agree to provide the Services to a Disabled Person; provided that the Disabled Person’s Authorized Person first provides Company with evidence of such Disabled Person’s status and such Authorized Person’s authority to act on such Disabled Person’s behalf, and sign this Agreement. For purposes of this Agreement, such Authorized Person shall be included in the definition of “Client” together with the Disabled Person and execute any document first required by the Company. A Disabled person must have a program planned and paid for in advance for them and be trained and supervised by a Company trainer at all times.
10. Assumption & Limitation of Liability.

(a) Assumption of Liability. Client understands that exercise involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Client understands that part of the risk involved in undertaking any activity or program is relative to Client’s own state of fitness or health and to the awareness, care, and skill which Client conducts himself/herself in that activity or program. Knowing the material risks and appreciating, knowing, and reasonably anticipating that other injuries are a possibility, Client hereby expressly assumes all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of Client’s participation.

(b) Waiver. In addition to the Client Waiver & Release which is attached as Exhibit B hereto and incorporated by reference, Client does hereby waive, release, and forever discharge Company from any and all liability for any present and future injuries or damages resulting and/or arising from Client’s participation in any activities including but not limited to exercise, personal training or use of the equipment or any injuries and damages caused by the negligent act or omission of the Company or its affiliated third-parties.

(c) Limitation of Liability. In any event that Company is subject to liability under this Agreement or applicable law, such liability shall be limited to no more than the total of any amounts paid to Company by Client for the Services under this Agreement, further subject always to a bar of by any applicable statute of limitations, in which case Client would otherwise be completely barred by for the recovery of such amounts paid. In addition to any other restriction provided under this Agreement, Client acknowledges, understands, and agrees that the Services provided hereunder are tailored to the specific desires, needs and requirements of the Client and that Client’s attempt to provide such Services or instruction related thereto may subject such third-party to a risk of bodily harm, including but not limited to death of such third-party and Company shall not be liable for any such bodily harm. Consequently, regardless of whether Client is otherwise engaged in providing services similar to those provided by the Company, Client shall not, directly or indirectly, compete with Company, nor market, sell, or perform any service(s) similar to those of Company, for anyone by offering services similar to those of Company and shall not otherwise disclose to any third-party any information related to the Services offered by the Company (“Confidential Information”) which would enable such third-parties to utilize the Confidential Information for purposes of competing with Company.

11. Non-Circumvention.Client hereby acknowledges and agrees that it may hire contractors to fulfil its obligations to provide the Services hereunder, and Client further agrees that Client will not, during the Term of this Agreement, attempt to circumvent this Agreement by entering into a business relationship with any such contractor in which Client directly pays the contractor for providing Client with services similar or identical to those provided by Company hereunder. In the event of a breach of this Section by Client, such breach shall be considered a tortious interference with the business expectation and relationship between Company and contractor, which shall be considered a breach of this Agreement and for which Company shall be entitled to damages from Client.
12. Indemnification.In the event any Client, included within the definition of a “Client” hereunder, or a third-party threatens to or actually does initiate, any action against Company alleging any claim for bodily harm for the Service provided hereunder, the Client shall indemnify and hold Company harmless from all costs and expenses associated with the defense of any such action, including the Company’s cost and expense of obtaining counsel to represent it in relation to such action or threatened action.
13. Disclaimer of Warranty.EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES OR ANY PRODUCTS TO BE PURCHASED UNDER THIS AGREEMENT ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED.
14. Miscellaneous.

(a) Expenses. Except as otherwise expressly provided herein all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby shall be paid by the Party incurring such costs and expense.

(b) Notices. All notices, claims, demands and other communications under this Agreement shall be in writing and shall be deemed to have been given:

1. When delivered by hand (with written confirmation of receipt);
2. When received by the addressee if sent by a nationally recognized overnight courier (receipt requested);
3. On the date sent by email of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or
4. On the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid, if sent to the respective Parties at the following addresses (or at such other address for a Party as shall be specified in a notice given in accordance with this Section 15(b)):

If to Company:

Bill Yeager’s Transformations LLC
34 School Street
Burlington, CT 06013-2569

If to Client: The address last provided in writing to the Company by the Client.

(c) Interpretation; Headings. The Parties acknowledge that each Party has had the opportunity to have an attorney of their choosing to review, negotiate and approve this Agreement prior to execution thereof, and the Parties hereby agree that the Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted. The headings in this Agreement, together with any references to male or female gender herein, are for reference only and shall not affect the interpretation of this Agreement.

(d) Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement.

(e) Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous representations, warranties, understandings, and agreements, both written and oral, with respect to such subject matter.

(f) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns. Client may not assign or otherwise transfer its rights or obligations hereunder (including the right to any and all Services and/or products sold hereunder) without the prior written consent of the Company. No assignment shall relieve the assigning Party of any of its obligations hereunder.

(g) Amendment and Modification; Waiver. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No failure to exercise or delay in exercising, any right or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

(h) Governing Law; Submission to Jurisdiction; Waiver of Jury Trial.
All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction). Any Action arising out of or related to this Agreement or the transactions contemplated hereby may be instituted in the federal courts of the United States of America or the courts of the State of Connecticut in each case located in the city of New Haven and county of New Haven County, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such Action.
EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS AND SCHEDULES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT:
(I) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION;
(II) EACH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER;
(III) EACH PARTY MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY; AND
(IV) EACH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

(i) To the extent any term or condition of this Agreement shall conflict with any term or condition of any Exhibit to this Agreement, this Agreement shall supersede and supplant any such conflicting term or condition of the Exhibit(s); provided however that any Waiver & Release signed by the Client and/or an Authorized Person shall supersede and supplant any such conflicting term or condition of the Agreement.

(j) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date by the respective Parties thereunto, duly authorized.
EXHIBIT A

COMPANY POLICIES & PROCEDURES

Overview of Company Policies & Procedures

Client understands that Client’s program and participation is voluntary and that either:

1. a personal trainer will develop and work with Client through this program;
2. a program will be develop for Client to follow through an online training application. Client also understands that Client will be required to perform a fitness evaluation for the sole purpose of determining Client’s fitness level for participation in the relevant program. Prior to the commencement of Client’s program, Client will complete a Physical Activity & Nutritional Health Questionnaire, which is attached to the Agreement as Exhibit C and incorporated herein by reference, and Client will provide any other health history including any prescriptions, medical conditions and/or limitations that may affect Client’s participation in Client’s training program. If during Client’s training program Client’s medical condition changes Client shall notify Client’s trainer immediately. We recommend that Client consult with a physician prior to participating in any physical activity with Company and Client hereby represents that Client either had a physical exam and have received Client’s physician’s permission to partake in Client’s personal training program or Client have decided to participate without approval of Client’s physician.

Client understands that no personal trainer is a physician and his or her advice shall not replace that of Client’s physician’s advice.
Policies may require Client’s bank debit or credit card information and a copy of the card for billing protection purposes where applicable. Client’s card will not be billed unless Client’s account goes to a negative balance and we have difficulty collecting payment from you.
All services must be paid for (or a Payment Schedule Agreement signed) before any services are rendered or scheduled.
All Payment Schedule Agreements will be charged automatically via the agreed credit card or bank debit. We do not accept any other form of payment for Payment Schedule Agreements.
Client is responsible for scheduling and canceling Client’s appointments.
Personal training appointments are by scheduled appointments only.
Personal training or other service type purchases are not transferable. All personal training packages must be paid in full and submitted to Company before the first session of each package is conducted. Sessions within a package cannot be split or transferred amongst other individuals such as spouses, peers, children and/or friends unless otherwise agreed to in writing.
No refunds are available for any products sold.
No rude murmuring or swearing is permitted, nor are any type of disruptions to the instructor or other participants. The Parties further mutually agree that harassment of any nature, specifically including but not limited to harassment of a sexual nature, is not to be tolerated and that in the event of any such offensive behavior, that such harassment shall be immediately be reported to Company management.

Inclement Weather Cancellations/Postponements:

In the event of inclement weather, Client will be contacted by a Company representative. PLEASE NOTE: Any weather cancellations made by Company will not be debited from Client’s Training Account Balance and will be made up and rescheduled in the future.

Client/Trainer Pairing & Relationship:
We understand that over time Client may build a rapport/relationship with an available trainer. We will do our best to keep such trainer available throughout Client’s utilization of the Services. However, in some circumstances, uncontrollable life changes (for either Client or Client’s trainer) or breaks in Client’s normal scheduled routine may result in schedule availability changes. In cases such as these, Client’s trainer or Company representative may be substituted with another trainer or Company representative. In the event this should occur Client may not be given notice although we will do our best to attempt to do so. Rest assured, all staff is high quality and trained to handle this transfer and Client’s complete file and important health and exercise log information will be thoroughly reviewed with the trainer so that nothing is overlooked regarding Client’s goals, necessities, etc.

Cellular Phones & Electronics:
To preserve the atmosphere, we kindly ask Client to keep Client’s electronic devices out of the training area or if needed set to silent mode. We do not want devices to be a distraction.

Water:
We suggest drinking water to stay hydrated and cool during sessions.

Exercise Footwear/Attire:
Client must wear a pair of running or fitness type sneakers that are either new or slightly used and that are meant for the Client’s body-type and foot-type. Boots should not be worn in any fitness area.

Attire: Client is advised to wear clothes that will not restrict the Client from normal and stretching motions. Mesh shorts and a T-shirt are the best attire for Client to move freely in, stay cool and for Client’s trainer to watch motion and exercise form. If Client’s trainer or management feels Client’s attire is unsafe or inappropriate, Client will be asked to change or, if Client is unable to do so, Client will be charged for the full appointment time scheduled. For a Disabled Person, the Authorized Person is expected to ensure that the Disabled Person is dressed appropriately for training.

Overview of Personal Training & Nutrition Policies (Normal policies apply):
Appointments are scheduled on a 1st come 1st serve basis. Reserve Client’s most convenient dates/times as soon as possible. If available, Client may have the option to reserve time slots by scheduling them to repeat the same times every week.

Body Composition Testing:
Testing is ideally done under specific conditions for more accurate results, normally at about the same time of day or on an empty stomach. Client is advised to ask trainer which conditions are best for Client.

Rescheduling:
Client must reschedule or cancel a session at least 24 hrs. before Client’s scheduled appointment or pay full price for the missed session.
Client can only schedule/reschedule 24 hours in advance.
Client can only schedule/reschedule if Client have enough time or credit in Client’s account to do so. As Client use appointments, Client’s account will deplete proportionately. Client can only schedule/reschedule the amount of sessions that Client have paid for, Client cannot schedule/reschedule past that amount. To schedule/reschedule more sessions Client must purchase more time.
All purchased hours/time shall only be good for 30 days from the purchase date unless otherwise agreed. Applicable state law prevails policy. Any hours/time not used within 30 days may be lost. Hours/time may be frozen should a Client have to leave due to illness, injury, or relocation of residence. Company’s management will make the final decision when a freeze request has been submitted And after Client provides Company’s management for written documentation it first requires to process any freeze request.
As Client’s hours/time diminishes Client may purchase more hours/time to continue services by contacting the office and paying for more hours/time or signing a new agreement before Client’s time runs out.
All debited hours/time will be tracked by Company and are accessible for Clients to view.

Partners’ Training Policies:
All policies including Personal Training also apply including the following: All scheduled sessions must be performed together. Client’s hours/time will be debited from Client’s account tracking as a pair.

EXHIBIT B CLIENT WAIVER & RELEASE

EXHIBIT C PHYSICAL ACTIVITY & NUTRITIONAL HEALTH QUESTIONNAIRE