Why You’re Reading this Document
The following Service Agreement (the “Agreement”) will clearly communicate the expectations we will have in working together. Please raise any questions you have before signing to make sure we are on the same page moving forward.
Part of the purpose of this Agreement is to clarify the scope of services that will be provided as you practice Essentrics™ with Andrea, so we will start off by being upfront and crystal clear here: while Andrea Nunn may have other professional qualifications, the scope of the work we will be doing together is limited explicitly to fitness and exercise services, specifically the practice of Essentrics™. There will be no other types of services offered and nothing will be construed to be any other type of service or practice.
In exchange for agreeing to work together with Andrea Nunn, you agree to be bound by the following conditions.
- Parties. This Agreement is made between Andrea Nunn, who resides on Adelaide Street East in Toronto and operated in the Province of Ontario (“Andrea Nunn”, “I”, “me”, and “my”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement (“you” and “your”).
- My Commitment to You. I promise to provide you with the following services: fitness instruction, as outlined in Schedule “A” Services (the “Services”). Here is what you can expect from me:
- I will provide an Essentrics™ class for you to enjoy and have fun with!
- Despite any other personal or professional qualifications I may hold, the scope of our services will be limited exclusively to providing Essentrics™ classes.
- What I Expect of You. Just as you are investing in me, I am also investing time and energy in you. For you to gain the most from the our practice together and the Services, here is what I expect of you:
- Time Integrity. Let’s honor our time. Time integrity and keeping your word is important. Please arrive on time, honor the length of the Services and the cancellation policy detailed in section 6 below.
- Ownership. You are responsible for your own physical, mental and emotional well-being and actions during the course of the Services.
- Commitment. I 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. I expect you to be upfront and honest about how your body works, what pains you have and your medical history. I can’t help if I don’t know what you are experiencing! Please let me know of any conditions or concerns prior to class so I can provide cueing and modifications that are relevant to you.
- Readiness. I expect that you are safe to exercise and that you have completed an activity readiness questionnaire which I can provide you with. This is extra important if you have any concerns with your ability to exercise safely.
- Location. Unfortunately, I am not covered to teach any students outside of Canada, so please let me know if this will be an issue.
- Feedback. Please feel free to give me feedback after the class on things that you liked or did not like, or if there are things that you would like to do more or less of during the class. The goal is for us both to enjoy our time exercising together!
- At Your Own Pace. I expect that you will exercise at a level that suits your current fitness level. If you are new to the class, please work at your own pace. You can always make your movements slower or smaller to suit your fitness level. If you are sick or feel unwell during the class, please let me know right away.
- Class. If you intend to leave the class early, please let me know ahead of time.
- 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 Andrea Nunn (the “Term”).
- The Agreement may be terminated by either party at any time by providing 2 days advance written notice to the other party (email is fine). However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined in Schedule “A” Services.
- I reserve the right to terminate this Agreement immediately if you violate any of the expectations outlined in section 3 above and you will not be entitled to any refunds or any continued working relationship with Andrea Nunn.
- Payment. Payment details and cost for the Services are outlined in Schedule “A” Services.
- Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how I’ve drafted my cancellation and refund policy:
- Refunds. We offer refunds on a case by case basis, to be determined at our sole discretion.
- Cancellation / Reschedule Policy. Please give 2 hours’ notice if you have to cancel or reschedule, provided it is in the timeframe of this Agreement.
- No Guarantees. Andrea Nunn cannot guarantee the success of the Services. I promise to provide you with the opportunity and support to 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 my Services.
- Ownership of Materials. All the content that I have provided to you, including but not limited to videos, documents and PDFs, are for your use only and are not to be re-distributed or re-used.
- Media Release. I think you’re awesome and want to show you off! By participating in the Services at Andrea Nunn, you agree to grant me the irrevocable right to use your image, likeness, photos, video content, audio recordings captured of you on the premises or that you share with me online (via your own or others posting of you) as part of my online streaming, marketing and sales throughout the world and in perpetuity. You also release Andrea Nunn from all claims you may have relating to such use. Please let me know if you ever want me to stop using an image of you.
- Waiver. Before the Services can begin, you must sign my 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 I can be absolutely sure you understand and agree to it.
- Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the Province of Ontario. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of Ontario. Severability. Ifany 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 me 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. I 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 I 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.
Made it. Excited to do great things!
AGREED and ACCEPTED
Andrea Nunn Per: Andrea Nunn, Owner Date:______________________________
Printed Name Date:________________________________
SCHEDULE “A” SERVICES
Fitness Instruction – 4 classes package
|Cost||CAD $15; CAD $ 40 per package of 4 classes|
|Duration||Classes sold in packages of 4 can be used at your convenience.|
|Payment||Payments are expected in advance.|