Handstand Coach Lupe LLC Private Student Training Agreement
This Training Agreement (the “Agreement”) is entered into electronically between Handstand Coach Lupe LLC (“Handstand Coach Lupe”) and the individual purchasing or participating in handstand coaching services (“Client”).
General Terms
Client acknowledges that she/he agrees to the handstand coaching services provided by “Handstand Coach Lupe”.
“Handstand Coach Lupe” will coordinate with first time Client(s) to perform a pre-handstand assessment. “Handstand Coach Lupe” will design a tailored handstand program for the Client that reflects pre-handstand assessment results, client’s objectives, fitness level, and experience. Each training session shall last 1 hour (hereinafter referred to as “Training Session”).
Attachment
Client has read and executed the “Handstand Coach Lupe Student Liability Waiver Agreement” form which is attached hereto and incorporated into this agreement as if fully set forth herein.
Training Packages and Payments
Training Packages included various exercises involving various activities. Activities shall mean the following: muscle strength, endurance, and flexibility/mobility; training; exercise; conditioning and training; weight training/circuit training; cardiovascular exercise and training; use of training equipment, free weights, bands, yoga blocks, straps, handstand blocks, wall, chair, elevated surfaces and gym equipment; stretching; weight lifting; and any other training activities, techniques, and /or exercises.
The Training Package chosen by the client shall consist of a package of four (4) one (1) hour training sessions with a pre-handstand assessment session included for first time clients. The Client agrees to pay “Handstand Coach Lupe” the sum of $200 per Training Session totaling $800 for all four (4) Training Sessions held. The full fee for the Training Package is due in full prior to the commencement of the first Training Session.
If the Client purchases one Training Session at a time, payment per Training Session is due in full prior to the commencement of each Training Session.
Any Training Session not used within three (3) months of the Effective Date (original purchase date) for any Training Package shall be forfeited. The Client shall not be entitled to a refund of the cost for any Training Session not used within three (3) months of the Effective Date (original purchase date).
The amounts payable per Training Session may be adjusted at the sole discretion of “Handstand Coach Lupe”, at any time. The Client waives notice of any such adjustments to the amounts payable per Training Session.
Should the Client purchase additional Training Sessions or Packages both the Client and “Handstand Coach Lupe” agree that this Agreement shall remain in full force and effect, and continue to govern the rights and liabilities of the Parties, except as to the amount payable per such additional Training Session, if different from the amount stated above, or unless the Parties execute a new Agreement.
Cancellation Policy
Cancellation by Handstand Coach Lupe: If “Handstand Coach Lupe” cancels the Training Session he must provide at least one (1) day notice to Client. Training Session will be rescheduled based on Client’s availability or amount will be refunded to Client for cost of Training Session.
Cancellation by Client: The Client will be charged for a cancelled appointment unless the Client notifies “Handstand Coach Lupe” of such cancellation at least one (1) day prior to the scheduled time. If the Client is more than 15 minutes late for an appointment, the time will be forfeited and charged for that Training Session as if the Client had been present.
Force Majeure and Health Clause: In the event that Client or “Handstand Coach Lupe” is unable to make Training Session due to personal illness, injury, or circumstances beyond their reasonable control (including but not limited to natural disasters, extreme weather, government restrictions, venue closures, or transportation disruptions), the following terms shall apply:
The affected party shall notify the other party as soon as reasonably possible.
The Training Session may be rescheduled to a mutually agreed-upon date within two (2) weeks of the original event, subject to availability.
If rescheduling is not feasible, any payments made will be refunded in full, or credited toward a future Training Session, at the discretion of the affected party.
Neither party shall be held liable for any indirect costs or losses incurred due to such cancellation.
Waiver and Indemnity
The Client agrees to indemnify “Handstand Coach Lupe” for any injuries, illnesses, or expenses from the Client’s participation, especially if the Client has neglected to disclose a known medical condition or similar information that might affect the Client’s ability to participate in the Training Program.
Termination of Agreement
The Parties shall have the right to terminate this Agreement upon written notice of termination to the other party prior to starting the first Training Session.
Effect of Termination
In the event the Client terminates this Agreement, “Handstand Coach Lupe” shall retain all payments made for all unused Training Sessions or packages. In the event “Handstand Coach Lupe” terminates this Agreement, “Handstand Coach Lupe” shall refund to the Client all payments made for unused portions of the Training Sessions.
Entire Agreement
This Agreement (including “Handstand Coach Lupe Student Liability Waiver Agreement” constitutes the entire agreement of the Parties, and supersedes any and all previous understanding, agreements, arrangements, or discussions, written or oral, between the Parties relating hereto. There are no collateral agreements, representations, or guarantees, oral or otherwise unless attached hereto and signed by both Parties.
Warranties
There are no warranties either express or implied in this Agreement that are not expressly contained in this Agreement.
Applicable Law
This Agreement shall be governed by the laws of the State of Texas.
Signatories
This Agreement becomes effective upon the Client’s electronic acceptance. By checking the acceptance box and purchasing services, the Client agrees to be bound by the terms of this Agreement.
Any Client under the age of 18 must have a parent or legal guardian sign this Agreement.
Handstand Coach Lupe LLC Liability Waiver Agreement
In consideration of, and as an inducement to, my enrollment and payment of fees to become a student of “Handstand Coach Lupe LLC”, hereinafter referred to as “Handstand Coach Lupe”, I represent and agree to the following:
1. I, hereinafter referred to as “I” or “Student”, is in good health and fully able to perform handstand exercises, which I am to learn and perform during my training subscription to “Handstand Coach Lupe”.
2. I will faithfully follow all instructions given to me by “Handstand Coach Lupe” as to when and how to perform and not to perform handstand exercises. I understand the practice of handstand and exercise activities may expose me to the risk of personal injury, disease, or death and I knowingly and willingly assume such risk.
3. I understand and agree that I will receive instruction in handstand theory and exercise only and that I hold harmless “Handstand Coach Lupe”, its employees, officers, directors, and contract trainers for any personal injury, including but not limited to bodily injury, disease, disability, death, humiliation, or consequential loss of any kind arising out of my participation in any “Handstand Coach Lupe” private/public class, workshop, event, or activity. I also understand that not all exercises are suitable for everyone, and to reduce the risk of injury, I will never force or strain during exercise, and will consult a physician immediately upon experiencing any pain or discomfort.
4. In the event that I am pregnant, I will not participate in any of “Handstand Coach Lupe’s” classes or activities until I have discussed the potential risks to me or my unborn child/fetus with my obstetrician. I agree that I will follow my obstetrician’s recommendations and on behalf of myself, my heir, spouse or other interested party hold harmless “Handstand Coach Lupe” for any possible injury to myself or my unborn child/fetus. I further acknowledge that pregnant women should not practice twists or any abdominal tightening poses.
5. Student acknowledges that any content hosted on “Handstand Coach Lupe” is fully protected under the laws of copyright and trademark, and any unauthorized duplication, exhibition, distribution of “Handstand Coach Lupe” content, or any part thereof, without prior written consent is strictly forbidden by law, including United States federal law, and that violators will be prosecuted to the maximum extent of the law.
6. I acknowledge and hereby affirm that I am at least 18 years of age.
7. Any provision not in conformity with the law of any state or governing body having jurisdiction is hereby severed from this contract and the remaining provisions remain enforceable. Student agrees that any dispute regarding this Agreement will be first tendered by the parties to a member of The American Arbitration Association for resolution prior to filing any lawsuit. Student also agrees, failing a successful arbitration effort, any suit to be tendered will be filed in and under the laws of the State of Texas.