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Terms & Conditions

The Member acknowledges and agrees as follows:


1. I have chosen to enter into personal training at Nerdy Girl Fitness, LLC.

2. If you have paid in full for your program, upon completion and full payment your program, members wishing to continue with the next phase or program must enter into a new Agreement in writing within 30 days prior to initial end date. Reminders are sent out 30 days prior to program end date.

2a. If you have a month-to-month or 12 month agreement, your account will be billed for the minimum term, based on your program, and will continue on a month to month basis at the initial monthly rate until you cancel in accordance with this agreement.

2b. I understand that I have the right to put a HOLD on my membership for up to 90 days for medical reasons, birth of child, death in family, loss of job or loss of housing. A $20/month fee applies. We will NOT hold a membership for scheduling conflicts.

3. Nerdy Girl Fitness or any party designated by Nerdy Girl Fitness may photograph or film me while I attend the premises of Nerdy Girl Fitness and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.

4. I consent to receiving appointment reminders and other fitness communications/information at that email and/or text from Nerdy Girl Fitness. I consent to receive text messages from the studio at my cell phone and any number forwarded or transferred to that number. The cell phone number that I authorize to receive text messages for appointment reminders, feedback, and general health reminders/information

5. In consideration of my being permitted to participate in the sessions, I for myself, my heirs, executors, administrators, successors, assigns and anyone else who may claim on my behalf hereby waive any and all claims, liability and damages I may now or in the future have against Nerdy Girl Fitness, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns, arising by any means whatsoever, including, but not limited to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused arising from or in connection with my participation in the sessions, however caused

6. I further hereby release, remiss and forever discharge Nerdy Girl Fitness, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from and against all demands, claims, actions, damages, costs and expenses arising from or with respect to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused, arising from or in connection with my participation in the Classes whether or not caused by, in whole or in part, the negligence or gross negligence of Nerdy Girl Fitness.

7. In addition to any rights and remedies it may otherwise have, Nerdy Girl Fitness may terminate this Agreement upon ten days written notice to me if I fail to comply with my obligations under this Agreement and do not cure any such failure within ten days after receiving notice of such failure.

BUYER’S RIGHTS UNDER NH LAW:

1. Every seller of a prepaid health club services contract shall:

a. Refund to the buyer the pro rata cost of any unused services, within 15 days after request therefor, if:

i. The buyer is unable to receive benefits from the seller’s services by reason of death or disability. The health club may require that the disability be confirmed by an examination of a physician agreeable to the member and the health club; provided, however, that this subparagraph shall not operate to prevent the buyer from providing the disability in a judicial proceeding; or

ii. The seller relocates his facility to more than 8 miles from its present location, or the services provided by the seller are materially impaired.

b. Refund the buyer the pro rata cost of any unused services under all contracts between the parties, within 15 days after request therefor, if the aggregate price of all contracts in force between the parties exceeds $1,000. Provided, however, if the contract so provides, the seller may retain a cancellation fee of not more than 25 percent of the pro rata cost of unused services on all contracts, not to exceed $250.

c. Refund to the buyer the pro rata cost of any unused services within 15 days after the club ceases operation.

2. Upon the occurrence of any of the circumstances enumerated in subparagraphs 1(a) or (b) or (c) of this section, the buyer or his estate shall be relieved of any further obligation for payment under the contract not then due or owing.

Source. 1983, 438:1. 1987, 397:5, 6. eff. July 25, 1987.

PAYMENTS:
1. I authorize Nerdy Girl Fitness to transfer electronic funds on a monthly basis from the checking, savings, or credit card account I specified above for my membership dues. This authorization is to remain effective until Nerdy Girl Fitness has collected for all charges assessed in connection with the terms and conditions of this Agreement. NOTE: Does not apply to paid-in-full members.

2. I will pay a service charge of $20.00 for any payments 10 days past due. If there are three payments which are 10 days past due during the period of this Agreement, I agree to pay the remaining balance of the Agreement in full, in addition to any and all recovery charges incurred.

3. Failure to attend the Classes does not relieve me of the obligation to pay the full tuition for the program or phase in which I am currently enrolled.

4. All sales are final. No refunds given after the first 30 days, except for prepaid memberships. See BUYER’S RIGHTS UNDER NH LAW.


CANCELLATION

1. YOU MAY CANCEL THIS TRANSACTION IN WRITING ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. To cancel, you must give notice of cancellation to:

Patti Fousek
Nerdy Girl Fitness, LLC
453 Central Ave
Dover, NH 03820

You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, electronic mail, or personal delivery.

2. I understand this agreement may be canceled at any time with by sending a 30 day written notice, delivered to Nerdy Girl Fitness at least 30 days prior to the cancellation date desired by the way of email or in person to:

admin@nerdygirlfitnessnh.com or Nerdy Girl Fitness, 453 Central Ave, Suite 104, Dover, NH 03820

3. If I terminate my membership prior to my contract end date (new members only. Renewing members are exempt), by stop payment or without notice, I understand that I may be charged a cancellation fee equal to 20% of the tuition fee prorated to the remainder of the agreement (maximum of $250).