Service agreement

Welcome!

The following Service Agreement (the “Agreement”) will clearly communicate our expectations in working together. Please raise any questions you have before signing to make sure we are all on the same page moving forward. Let’s do this!

In exchange for agreeing to work together with Bent On Better, you agree to be bound by the following conditions.

Contractual Terms:

Parties. This Agreement is made between MAPRIL Enterprises d/b/a Bent On Better, a Limited Liability Company operating in the State of Pennsylvania  (“Bent On Better”, “we”, “us”, and “our”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement (“you” and “your”).

Our Commitment to You.

We promise to provide you with personal training services, as outlined in Schedule “A” Services (the “Services”). In order to provide the best possible experience, we will also do the following:

We are committed to helping you achieve your personal wellness goals, and will provide you with high quality personal training services. Our mission is to make strength beautiful, make fitness pain free, and make healthy weight management simple and sustainable for busy adults.

One-on-one programs will be customized to your unique individual needs, goals and abilities, while group programs will take into consideration the current level and general fitness profiles of registered participants.

Communication is important to us, so we will do our best to clearly communicate with you about any preparation instructions, follow-up information or scheduling details related to your services.

What We Expect of You:

Just as you are investing in us, we are also investing time and energy in you.

For you to gain the most from the Services, here is what we expect of you:

Time Integrity. Let’s honor our time. Please arrive on time, honor the length of the Services and the cancellation policy detailed in the section below.

Ownership. You are responsible for your own physical, mental and emotional well-being and actions during the course of the Services.

Commitment. We expect you to be committed to the Services and your practice and that you will do things to help you improve your own body.

Communication. We expect you to be upfront and honest about how your body works, what pains you have and your medical history. We can’t help if we don’t know what you are experiencing.

Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and Bent On Better (the “Term”).

The Agreement may be terminated by either party at any time. You may terminate this agreement by providing at least 28-days advance written notice by completing the ADULT MEMBERSHIP CANCELLATION REQUEST FORM at https://www.bentonbetter.com/membership-cancel/ .

For assistance, you may write an email to [email protected]. However, early termination requires a cancellation fee equal to 4-weeks of service as written in the Schedule “A” Services listed below, emphasizing our investment in preparing your program. This fee will be kept on file for up to one year from the cancellation date as a future credit if you choose to return to Bent On Better.

Bent On Better reserves the right to terminate this Agreement immediately if you violate any of the expectations outlined in the section above and you will not be entitled to any refunds or any continued working relationship with Bent On Better.

Payment. Payment details and cost for the Services are outlined in Schedule “A” Services.

By signing this Agreement and providing a credit card or other account for payment, you agree to be billed automatically for our Services when payment is due. All auto-payment memberships require a valid credit card or bank account to be stored on a protected computer server. You are responsible for providing Bent On Better any credit card information that changes. All memberships are auto-renewing unless you opt out. If you opt out, you will pay the current membership rate at the time you return. You can increase your commitment length at any time to guarantee pricing.

You understand that Bent On Better may change the billing cycle or modify prices in the future. We will notify you at least 28 days prior to any price or billing cycle change.

Free Trial. If you sign up for a free trial, upon completion, it will auto-convert into a paid membership with no further action by you, and will result in automatic billing for the agreed-upon membership. You are required to opt out if you do not wish to continue being auto-billed for the services.

Membership Session Packages: If the maximum number of training sessions is not met, the remaining sessions for that billing period do not roll over into the following billing period.  At each membership level, you purchase a maximum number of small group personal training sessions to be used during each month, four (4) week period, or week.  If you do not use the maximum number of sessions allowed per the membership level and payment commitment, you forfeit any remaining sessions for the previous billing period, starting a new period and a new number of sessions.  (i.e. if you selects membership package of up to eight (8) small group personal training sessions per billing cycle, and you only attends seven (7) of his or her eight (8) sessions allowed maximum, the following billing cycle will be eight (8) sessions again, not nine (9) ).

Cancellations and Refunds:

Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how we’ve drafted our cancellation and refund policy:

Refunds. Service credit can be transferred to another client, but not refunded.

Session Cancellation & Reschedule Policy. Please give 12 hours’ notice if you have to cancel or reschedule. If you are outside the 12-hour window, you may cancel on your own without notice.  If you are within the 12-hour window of your scheduled session, you may notify Bent On Better via email ([email protected]) or through our “Reservation Cancellation” form found on our website.  If you do not provide notice prior to the start time of your session reservation or do not show up, your session will not be refunded, credited, or rescheduled (except in circumstances of emergencies).

Hold Policy. At Bent On Better, we recognize the need for flexibility in your fitness journey. Our Service Hold provides multiple options based on your membership for holds. Our annual members are granted a one-time complimentary service hold of up to four-weeks fee-free hold, for any reason.  Our Membership Extension clause ensures you don't lose any time by adding the days you're away to your membership term. All hold options require advance notice by completing our online Service (membership) Hold Request form (or by emailing Bent On Better ([email protected])) and are designed to make your membership work for you, not against you. Please note, depending on the timing of your hold request, your billing dates may be adjusted. You are responsible for submitting your own hold request.  Bent On Better is not responsible for and will not honor any other form of request. If you choose to cancel your membership during the hold period, the standard 28-day written cancellation notice requirement stated in your membership agreement is applicable. If you choose to reactivate your membership after it is cancelled, membership rates in effect at the time of reactivation will be applicable (membership rates are subject to change).

Hold Requests:

  1. Advance Notice: Hold requests must be submitted at least two days prior to the desired start date of the hold. Exceptions are made for health-related emergencies.
  2. Retroactive Holds: Hold requests will not be honored for time that has already passed unless accompanied by a legitimate doctor’s note. Each case will be reviewed on an individual basis by submitting all documents via email to [email protected] .
  3. Annual Service Agreement: If you are on an annual service agreement and are requesting a retroactive change to your membership, please note that we cannot retroactively change billing and no refunds will be issued.

For All Membership Service Options - Medical Hold: With a legitimate doctor's note, there's no set limit on the length of a medical hold, and unused sessions during a billing cycle will be credited upon return. While access to physical facilities is suspended during a hold, you can maintain your fitness journey with our range of digital programs, including On Demand content and programs within the Bent On Better app, available at no extra cost.

Annual Agreement Service:

Complimentary Service Hold: Enjoy up to four (4) weeks (28 days) of fee-free holds per membership service term. During this period, you will not be billed, and facility access will be suspended.

Membership Extension: After the complimentary service hold, we'll extend your membership by the number of days you'll be away from use of our services with a maximum of 16-weeks per year, ensuring you don't lose any time. This means the weeks you're away will be tacked onto the end of your membership term, allowing you to enjoy all the benefits later.

Paid in Full Service:

Complimentary Service Hold: Place your membership on hold once for up to four (4) weeks (28 days) during the membership term. Access to facilities and services will be suspended during this period.

Extended Hold: After the complimentary hold, select any duration of hold from the hold request date (up to one year) for a single $49 fee per request.

Month-to-Month Service:

Hold Option: Place your membership on hold for a $29 fee for up to four (4) weeks. Standard dues resume automatically post freeze period.  This option ensures your rate, spot, and session package remain protected. Specify whether you choose a 4-week, 8-week, or 12-week hold, with a maximum of 12-weeks per year. Note that no refunds are issued for early returns, and changes to your billing date may occur.

Summer Freeze Policy (Memorial Day - Labor Day):

Seasonal Hold: Opt for a summer freeze at 25% of your regular membership fee to enjoy your summer plans without losing your progress. During the Summer Freeze, you won't have access to the physical facilities, but don't miss out on your fitness; our digital classes and resources like On Demand content and programs within the Bent On Better app, will be available to keep you active.

No Guarantees. Bent On Better cannot guarantee the success of the Services. We promise to provide you with the opportunity and Services to support you and see you grow, but the success of the Services ultimately depends on you. As such, no guarantees can be made for any particular outcome from our Services.

Ownership of Materials. All the content that we have provided to you, including but not limited to videos, images, digital programs, documents and PDFs, are for your use only and are not to be re-distributed or re-used.

Media Release. We think you’re awesome and want to show you off! By participating in the Services at Bent On Better, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, audio recordings captured of you on the premises or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to such use. Please let us know if you do not want to be photographed or ever want us to stop using an image of you.

Substitute Services. Bent On Better has the right to substitute services. This means that if we ever need to switch to online services or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in person classes.

Legal Fees. You will be responsible for any and all legal fees incurred by Bent On Better regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a Payment).

Waiver. Before the Services can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.

Force Majeure. Bent On Better will not be liable for any failure or delay regarding the Services if such failure or delay is: beyond the reasonable control of Bent On Better, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.

Standard Legal Things:

Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Pennsylvania. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Pennsylvania.

Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect.

Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements.

Waiver of Breach. The waiver by Bent On Better of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you.

Notice. For the purpose of this Agreement, email will suffice for written notice when required as set out above.

Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding.

Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document.
Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having You click “I Agree,” the effect of which will be the same as if we signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.

SCHEDULE “A” SERVICES:

Please refer to your Zen Planner agreement.

Billing Structure: Four (4) Weeks (auto-renewing) (*weekly installments available upon request)

Payments are expected at time of Services.

By signing this Agreement, you affirm that you have read, understood, and agreed to the terms outlined, recognizing Bent On Better's commitment to your success.

updated January 01, 2024

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