LIVE FIT GYM TERMS AND CONDITIONS OF USE OWNERSHIP
Welcome to the LIVE FIT GYM web site at http://www.livefitgym.com (“Site”) which is owned by LIVE FIT GYM. This Site is operated by LIVE FIT GYM and materials on the Site are primarily owned by LIVE FIT GYM. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and LIVE FIT GYM. LIVE FIT GYM has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use and Privacy Policy which constitute an Agreement between you and LIVE FIT GYM. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at info@livefitgym.com.
LIVE FIT GYM reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator at info@livefitgym.com with your concerns.
Terms of Use Agreement
This Terms of Use Agreement provides the terms and conditions governing the use of Website. You agree to use Website in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below, as well as those listed throughout this Website.
This agreement is between Website, and all users. Unless the context requires otherwise, the Website, and/or their assigns shall be referred to as "Website, us, we, or our" and you shall be referred to as "you, your or subscriber."
Terms of Agreement
Termination Fee
There is a 150% cancellation fee for Live Fit Wellness Chiropractic plans if cancelled prior to 6 months from the start date. Live FIt Gym requires a $50 non-refundable one-time set up fee at signup, and a 30 day notice of cancellation.
Automatic Renewal
Monthly payment will continue indefinately or until client discontinues membership.
Consent, Release, Waiver of Liability, and Indemnity Agreement
If you are under the care of a physician, have recently been under the care of a physician, or have experienced any significant medical problems, this information should be disclosed and clearance from your physician should be obtained. If you have not undergone a physical examination, it is recommended that you do so before beginning an exercise program. I agree to abide by the rules and regulations that are adopted by VCWC/Live Fit Gym. I understand that VCWC/Live Fit Gym management reserves the right to terminate any membership with or without cause, at any time. I hearby acknowledge that all information provided by me is accurate and that I have read and understand the preceding prior to signing and agree to all lterms outlined above. The exercise and activity opportunities offered through the facilities of VCWC/Live Fit gym allow a person to engage in various exercise and/or physical activities potentially beneficial to one's health and well-being. However, I recognize and understand that there are adherent risks of various physical and mental conditions, illnesses, and/or injuries associated with (A) engaging in any exercise or physical activity, (B) the use of equipment at Live Fit gym, and/or (C) the use of Live Fit's gym facilities. Such risks include any and all types of physical injuries, physical and mental conditions and/or illnesses including, but not limited to, sprains, strains, broken bones, concussions, lacerations, abnormal blood pressure, heartbeat disorders, fainting, shortness of breath, chest pain, strokes, heart attack, or even death. I further recognize and understand that any and all such risks are compounded in that many of the exercise and/or physical activity opportunities of Live Fit gym are unsupervised including, but not limited to, use of its gym, and/or all types of exercise equipment. I hereby agree and consent to voluntarily engage in any and all exercises and physical activity opportunities, supervised or unsupervised, at Live Fit gym, to voluntarily use Live Fit's exercise equipment, and to voluntarily use Live Fit's gym facilities at my own risk and with full knowledge and appreciation of any and all dangers and risks inherent therein. I acknowledge that I have, and am hereby advised to seek and obtain any necessary medical clearances from my physician and to undertake a physical examination prior to beginning any exercise activity. I hereby assume full responsibility for any and all risks of any bodily injury, illness, death and/or property damage suffered by me. I hereby release, waive, forever discharge and/or covenant not to sue Live FIt Gym an/or their agents, servants, and/or their employees for any and all loss or damage and/or any claims of demands or any type, known or unknown, on account of or in any way related to any illness, condition, and/or injury to my person or property, or which may result in my death. I hereby agree to indemnify and hold harmless Live Fit Gym and their agents, servants, and employees from any illness, condition and/or injury to my person or property or as a result of my death, and/or as a result of engaging in any exercise and activity opportunitiies at the gym, and any use of Live Fit's exercise equipment and/or any user of Live Fit's facilities.
Acknowldegement of Discount Fees
Client acknowledges that these fees are discounted and not usual and customary fees. As such, client understands that these fees will only be offered for as long as client is directly paying for the services and no third party insurance is being billed by Live Fit Wellness Center. If client wishes to submit receipts directly to an insurance carrier, said receipts will reflect cash fees only.
Visits Covered by Insurance
A portion of the care provided under this agreement may be covered by clien't health insurance. Client understands that payments paid are applied to any deductible, co pays and/or included care not covered by insurance. Client further understands that if their health insurance benefits should change, that Live Fit Wellness Center reserves the right to change this plan.
Early Termination of Chiropractic Care
Client understands that if they cancel care prior to the end of the term, clients account balance will be prorated based upon the Pay per Visit Cash Fee of $65.
Program Extension Due to Temporary Distuptions in Chiropractic Care
In the event client assigns any chiropractic health insurance benefits to Valencia Chiropractic, Valencia Chiropractic will suspend this agreement while treating client for any accident related injuries. Care provided during said extension will be at LFWC usual & customary fees. LFWC will resume treatment under this plan once client has recovered from said injury and has been released from treatment.
Parental Consent & Release
I, the Minor's parent and/or legal guardian, understand the nature of the above reference activities and the Minor's experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby Release, discharge covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the releases from all liability claims, demands, losses or damages on the Minor's account caused or alleged to have been caused in whole or in party by the negligence of the Releases or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor's behalf makes a claim against any of the above Releases, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releases from any litigation expenses, attorney fees, loss liability, damage, or cost any Releases may incur as the result of any such claim. _______________________Date:________ Printed Name of Parent or Legal Guardian
End of Term Credit
If client does not fully utilize the cash value of chiropractic care based on the Pay per Visit Cash Fee of $65 clients account balance will be prorated based upon the Pay per Visit Cash Fee for the chiropractic services provided and a LFWC credit will be issued. Credit may be used towards allocated services offered at that time by LFWC.
Missed Appointments
Client must make up all missed visits within the time period of this agreement.
This Plan is Not Insurance
This agreement does not constitute insurance and as such LFWC makes no promises to treat new conditions under this agreement.
No Guarantee of Results
Client recognizes that this agreement is not a guarantee of clinical results, and that it deals solely with financial and time obligations. There is no guarantee that any illness, injury, or disease can be prevented or cured by participation in this program. Any balance due for services are due regardless of results.
Complete Agreement
This agreement is non-transferable and constitutes the complete agreement between client and VCWC/Live Fit. No other facilities are covered by this agreement. This agreement may be modified by VCWC/Live Fit with 30-days written notice.
ASSIGNMENT. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
GENERAL PROVISIONS. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement, along with any other policies stated on this website, constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within San Diego County, California, before instituting litigation.
MISCELLANEOUS TERMS. Our relationship is not one of agency or partnership and neither you nor us shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Website. You may not assign or transfer your rights to any third party. The terms and conditions in the Terms of Use are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. If we fail to enforce any provision of the Terms of Use it shall not constitute a waiver of such provision. The Terms of Use may be modified only by us posting changes to the Terms of Use on the Website. Each time you access the Website, you will be deemed to have accepted any such changes in effect at the time of access. We may assign our rights and obligations under the Terms of Use. This agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of the Terms of Use, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. The Terms of Use, the Additional Terms, the attachments thereto, and the documents incorporated by reference, constitute the entire understanding between us regarding your access to, license and use of the Website and our Services, and they supersede any prior agreements, statements or representations with respect to the same.