Flex Pay memberships are for a term of either 6-months or one year with installment payments due every 4-weeks. Month-to-Month memberships require a minimum 3-month commitment and will continue until notice is provided by the buyer intending to cancel with 30-days notice. For paid-in-full memberships are for the term selected by the buyer. Member will receive notice and have the right to renew at the current rates offered by Seller.
SIGNING FEES AND RECURRING BILLING:
Your Personal Training subscription is subject to the applicable terms and conditions. You agree to pay Bombshell Fitness or holder in addition to your down payment the “Total Number of Payments” identified above by credit/debit card in accordance with the terms of this Contract, including the payment schedule identified selected at signing. In addition to all other obligations in this Contract, you agree to the following:
Your joining fee and all other payments must be made through automatic charges to your credit/debit card account. On your final payment due date, all other amounts owing under this Contract shall also be due. All payments shall be made to Seller. No bills or invoices will be issued for any payments, except that a bill or invoice may be issued for past due amounts. Any past due amounts shall remain due and owing even if a bill or invoice is not issued. No payments under this Contract may be made in cash. Note: Payments may be posted to your credit or debit card on dates which are later than the payment due date.
Default: If you default in the payment of any installment when due, or cancel your recurring payment agreement, Seller may at its option declare the unpaid total of payments to be immediately due and payable without demand or notice. If any attempt is made to use your Personal Training Subscription during a period when you are delinquent in any payment due under this Contract, we reserve the right to deny some or all VIP Personal Training Subscription benefits, services and privileges. We have the right, but not the obligation, to inform the VIP, Body and Soul, or Elite VIP client that their Personal Training Subscription is currently invalid due to non-payment and then refer them to [email protected] for any questions. If Seller or its affiliate offers special terms for renewal of any pass and you default in the payment of any installment when due, you shall not be eligible for such special terms. You shall be responsible for paying the expenses we incur in attempting to collect any amounts due under this Contract that are not paid when due, including court costs and reasonable attorneys fees if referred for collection to an attorney not a salaried employee of Seller.
Reinstatement: Should you reinstate your Personal Training Subscription payments for an account that was in default, you are still bound to the initial number of installment payments indicated in your agreed term, and all other terms of this payment agreement.
Personal Training Subscription Upgrades: You may have the right to upgrade your Personal Training Subscription. If you elect to upgrade your Personal Training Subscription, you are agreeing to a new Personal Training Subscription term, and you must pay on the day of the upgrade the full difference between the cost of the Personal Training Subscription initially purchased and the cost of the upgraded Personal Training Subscription. Alternatively, your payment schedule may also be changed to reflect the new Personal Training Subscription term and pricing. All terms of this Contract shall remain effective and shall apply to the upgraded Personal Training Subscription as they did to your initial Personal Training Subscription. Downgrades to your Personal Training Subscription are not permitted.
Prepayments and Partial Payments: You may prepay all amounts due under this Contract in their entirety at any time without penalty. Partial prepayments are not permitted.
Automatic Payments: As a condition to this extension of credit, you agree to have all payments due under this Contract automatically taken from your credit/debit card account set forth above or the credit/debit card account subsequently designated by you or the card-issuing company. Your payment shall be automatically charged to that account on approximately every 28-days from the date of signing. If there is not enough credit in your credit/debit card account to cover this payment, it shall be up to you to provide us access to another credit/debit card account or to pay the full amount due. In the event that your credit/debit card account number changes or is scheduled to expire while you still owe payments hereunder, you authorize us to obtain the new account number and/or extended expiration date and to update your account information and we may charge your payments to any new number and use any new expiration date. If the unpaid total of payments becomes immediately due and payable, such amount will be automatically charged to your credit/debit card account.
At the end of your initial contract term selected by the client at the time of signing this agreement, Personal Training Subscription will auto-renew into a month-to-month agreement for subscription-paying clients. Flex Pay Agreements are for a term of one year with installment payments due every 4-weeks. Month-to-month Agreements require a minimum 3-month commitment and will continue until notice is provided by the buyer intending to cancel. For paid-in-full Agreements are for the term selected by the buyer. client will receive notice and have the right to renew at the current rates offered by Seller.
To stop your Personal Training Subscription from auto-renewal client must provide 30-day notice and any final payments due (inclusive of all payments due under the flex-pay agreement) and notify [email protected] 30-days prior to the final installment payment date.
Personal Training Subscription CANCELLATIONS
NO RIGHT TO CANCEL
You cannot cancel this contract for any reason, including but not limited to because you change your mind, decide the Personal Training Subscription you have purchased costs too much, or want a different Personal Training Subscription. For medical concerns, please contact [email protected] to discuss Personal Training Subscription options.
At the end of your Personal Training Subscription term, you may provide 30-days notice and one final payment to cancel your Personal Training Subscription with Seller. This written notice must be provided to [email protected]. Notice provided to VIP Coaches, other staff clients, or via any method other than an email to the Billing department are not accepted. Seller does not accept notice more than 30-days out for Personal Training Subscription cancellation requests.
Clients have Agreements of one (1) year or more can petition the management to freeze an account due to medical reasons. However, management reserves the right to render the final decision on a case-by-case basis. Chiropractor notes are not acceptable medical notes to freeze a Personal Training Subscription. The length of any freeze will not exceed 90 days. All medical notes will be verified, and the length of freeze will be determined by medical condition as stated in the medical note.
During the freeze period, the client will continue to pay the monthly Personal Training Subscription fees, and the time not used will be added on to the end of the initial term.
CANCELLATION DUE TO DEATH OR DISABILITY:
Should client die or become verifiably disabled and therefore unable to receive any services for which he/she has contracted, the client or his/her estate shall be relieved of obligations for payment for services other than those received prior to death or the onset of disability and shall be entitled to a prompt proportional refund of prepaid Personal Training Subscription fees and charges for services not yet received.
Client agrees that in the event he/she claims disability, he/she may be required and hereby consents to submit written confirmation from his or her qualified healthcare provider that the client is permanently unable to use any of the services of Bombshell Fitness. All medical notes will be verified,. If verification of disability is not provided at the time the client requests cancellation and is thereafter requested by Bombshell Fitness it must be received within seven (7) days after ISHC’s request is sent to the client in order for cancellation to be effective as of the date of client’s cancellation request. Failure to provide the verification within ten (7) days of ISHC’s request will delay the effective date of the cancellation to the date the verification is received by Bombshell Fitness and any money payments that become due during this time will be collected.
Seller reserves the right to adjust pricing for our services and/or merchandise in any manner at any time at our sole discretion. Any pricing changes to your service will take effect following an email notice to you.
- All Signing / Joining Fees are NON-REFUNDABLE. This includes your first payment made to join Bombshell during any specials we may offer.
- Once a client has received proprietary information from Bombshell Fitness including but not limited to (1) Access to the B-Connected Personal Training Subscription Portal; (2) Cardio Plans, (3) Workout Plans, (4) Nutrition plans, or (5) access to any of our private social networks, (6) orientation schedule, or (7) goal setting sessions, they are bound to the Personal Training Subscription in its entirety and Personal Training Subscription is non-refundable, regardless of Personal Training Subscription type (paid-in-full or monthly subscriber).
- Camp Payments are non-refundable and non-transferable. Payments for Camps are transferable to another camp of the client’s choosing within 1-year of the initial deposit date.
- Registration fees and/or deposits for special events (BOMiCON, Challenges, etc.), are non-refundable and non-transferrable. For BOMiCON or other special events, this is either the initial deposit made on an installment agreement or the entry fee for the event, whichever is greater.
- Ancillary Services are non-refundable and non-transferable. The client has 1-year to utilize the service from the date of purchase, this includes but is not limited to Personal Training, Video Consultations, VIP Camps, Swagger Posing Sessions, and any other services Bombshell Fitness offers to their clients.
- Coaches Fees are refundable only if Bombshell Fitness does not have a coach on-duty at the show the client paid for. If Bombshell Fitness has a coach at the show, but the client is not, the fee may be transferred to another show within that competition year provided that the client gave sufficient notice to Bombshell Fitness that they would not be attending the show.
- Any credits or transferable payments the client has on file will be voided if they cancel their Personal Training Subscription with Bombshell Fitness and do not renew or reinstate their Personal Training Subscription within the 60-day grace period.
- Referral Coupons must be used within 3-months of issue, unless otherwise noted.
- Prizes won for challenges for FREE services must be used for the event indicated, and are not transferable to future events or other clients, or other services available.
Miscellaneous: (1) We may delay or waive enforcement of any of the provisions of this Contract, including your promise to make timely payments, without losing our right to enforce the same or any other provision later. (2) You waive the right to receive notice of any waiver or delay or presentment, demand, protest or dishonor. (3) This Contract contains all of the agreements between the parties with respect to the subject matter of this Contract and may not be assigned by you. All prior agreements and representations concerning this subject matter are superseded. (4) Should any term herein be deemed invalid or unenforceable, the remaining terms shall remain in full force and effect. (5) This Contract is made in the State of Florida and shall be governed by and construed under the laws of the State of Florida. (6) Any dispute or legal action between you and us arising out of or in connection with this Contract shall be commenced and maintained exclusively in the Circuit Court in and for Orange County, Florida (or if the Circuit Court shall not have jurisdiction over the subject matter thereof, then in such other court sitting in said county and having subject matter jurisdiction) for trial and determination by the court sitting without a jury. The parties hereby consent to the jurisdiction of such court and to the service of process outside the State of Florida pursuant to the requirements of such court in any matter so to be submitted to it, and expressly waives the right to a jury trial. Notwithstanding anything to the contrary contained in this Clause (6), the parties further consent to the enforcement of the judgment of such court in all jurisdictions (both foreign and domestic). (7) Your sole and exclusive remedy for our breach under this Contract shall be an action for monetary damages, and you irrevocably waive any right to any equitable or injunctive relief hereunder. (8) You represent and warrant to us that you are a resident of the United States, and you acknowledge that we are only willing to enter into this Contract with a resident of the United States pursuant to all contracts entered into and performed therein and applying the laws specifically of the State of Florida according to any and all contracts that are negotiated, executed, and or fully performed therein.
I hereby acknowledge and fully understand the potential dangers incidental to engaging in sports and fitness training, general exercise activities, and changes in dieting and nutrition, including Bombshell Fitness Live and Bombshell Fitness Online Coaching that take place through the Bombshell Fitness website(s), including B-Transformed, B-Competitive, Bombshell Bootcamps, B-Crowned, B-Physique, Baby-Fit, Fit-Together, Bombshell VIP Live, and Bombshell Ultimate Competitor Weekend (collectively “Bombshell Training”), and that such activities require physical effort and exertion. Moreover, I acknowledge specifically as it relates to training for competitive bikini and competitive bodybuilding, there is an increased risk related to extreme training and dieting that may result in an increased occurrence of both short- or long-term bodily harm or injury, especially for participants with pre-existing health conditions. I further acknowledge and agree that (i) I am responsible for consulting my physician or other health care provider prior to enrolling and participating in Bombshell Training to determine whether participating in Bombshell Training is appropriate for me; (ii) I will not enroll in or participate in Bombshell Training if my physician or health care provider advises against it; and (iii) if I experience faintness, dizziness, pain or shortness of breath at any time during a Bombshell Training session that I will stop immediately and contact my physician or health care provider.
I acknowledge and understand that my participation in Bombshell Training could result in my exposure to bodily injury, illness, loss, or death, as well as property losses and/or damage to property. For and in consideration of Bombshell Fitness, LLC (“Bombshell”) permitting me to locate and enroll in virtual, online, and live Bombshell Training through the Bombshell Fitness websites, including B-Connected and the instructor teaching such Bombshell Training, which may include Bombshell VIP Coaches and Bombshell VIP Master Coaches (collectively “Coach”) permitting me to enroll and participate in Bombshell Training, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Bombshell Training and related activities, I HEREBY AGREE AS FOLLOWS:
- I acknowledge and understand that my participation in Bombshell Training could result in my exposure to bodily injury, illness, loss, or death, as well as property losses and/or damage to property. For and in consideration of Bombshell Fitness, LLC (“Bombshell”) permitting me to locate and enroll in virtual Bombshell Training through the Bombshell/B-Connected websites, and the Coach teaching such Bombshell Training permitting me to enroll and participate in the Bombshell Training, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Bombshell Training and related activities, I HEREBY AGREE AS FOLLOWS:
- I hereby voluntarily for myself, my spouse, assignees, heirs, guardians or personal representatives, from the date of entry into this Waiver and Release, hold Bombshell and the Coach teaching the Bombshell Training which I enroll and participate in, as well as their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives blameless and waive any and all rights and causes of action and associated costs for any accident, injury, illness or death, occasioned by my participation in the Bombshell Training, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
- In the event I am injured, I voluntarily agree to assume any financial obligation, either through personal health insurance, or through some other means, for any medical costs which I incur and Bombshell and the Coach teaching the Bombshell Training assume no responsibility for any medical expenses, injury, or personal damage suffered by me in connection with the use of any facilities or services in connection with the Bombshell Training, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
- I hereby voluntarily assume all risk of damage or loss to my property while participating in the Bombshell Training and relieve Bombshell and the Coach teaching the Bombshell Training from liability for any and all property damage or loss, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians, or personal representatives.
You acknowledge and agree that by clicking on a “Sign-Up” button and signing up for an account on the Bombshell website, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE BOMBSHELL WEBSITE OR SERVICES OFFERED BY BOMBSHELL. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Your Agreement to the Terms of this Contract: Your agreement to the terms of this Contract shall be evidenced by a copy of this Contract.