Training and Coaching Agreement
Congratulations on your decision to participate in an wellness program! With help from your coach, you greatly improve your ability to accomplish your goals faster, safer, and with maximum benefits.
In order to maximize progress, it will be necessary for you to follow program guidelines during supervised and (if applicable) unsupervised training days.
During your exercise program, every effort will be made to assure your safety. However, as with any exercise program, there are risks, including increased heart stress and the chance of musculoskeletal injuries. In volunteering for this program, you agree to assume responsibility for these risks and waive any possibility for personal damage. You also agree that, to your knowledge, you have no limiting physical conditions or disability that would preclude an exercise program.
By signing below, you accept full responsibility for your own health and well-being AND you acknowledge an understanding that no responsibility is assumed by the leaders of the program.
It is recommended that all program participants work with their personal trainer three (3) times per week. However, due to scheduling conflicts and financial considerations, a combination of supervised and unsupervised workouts is possible.
Terms and Conditions
Agreements are available for 3 months, 6 months, and 12 months.
Monthly Billing: Dogwood Fitness is now using Freshbooks to handle subscription payments. You will receive an invoice via email each month on the 1st.
All invoices are due by the last day of the month issued and will incur an automatic late fee of $15 if paid after the end of the month.
You can set up auto-pay on your invoice by selecting that option when you pay it via credit or debit card.
You can also pay via check by mailing a check written out to Dogwood Fitness LLC to the address P.O. Box 15057, 1799 Briarcliff Road, Atlanta, GA 30333.
Personal training sessions that are not rescheduled or canceled 24 hours in advance will result in forfeiture of the session and a loss of the financial investment at the rate of one session.
Appointment cancellations may be made by phone, email, or text.
If Dogwood Fitness has to cancel the appointment within 24 hours due to illness or other emergency, your account will be credited with an additional session.
The only exception to this is what an insurance company refers to as an "act of God" or extreme emergency -- snow days, hurricanes, death in the family, etc. All client cancellations will be excused in those cases.
Dogwood Fitness will be following the Atlanta public school advisory for inclement weather. If the schools are closed for snow, ice, or storms, your sessions will be cancelled and rescheduled.
If you commit to attending a rescheduled session, that session will be scheduled and the normal cancellation policy applies.
If we reschedule your session, the normal cancellation policy applies.
At the beginning of each session, you will be asked to sign in a Session Credits notebook. This verifies that you attended that session and shows you the number of remaining sessions remaining for your account.
Your monthly credits will be issued to you after your monthly subscription has been paid, not before.
Group Sessions, Cancellations, and Make-Up Sessions:
All the usual 24-hour cancellation policies listed above apply to Group sessions, makeup sessions, and rescheduled sessions.
There must be at least two people signed up for a group training session for that session to remain scheduled. Otherwise individual rates apply.
Group classes depend on members having a similar level of experience and conditioning. Therefore, Group classes have the following attendance requirements:
At least 2 training sessions each month must be attended
No more than 4 consecutive training sessions can be missed
If the attendance requirements are not met, the client may create or join another Group Class.
Group membership rates vary depending on the number of members in the class. If the class increases in number or decreases in number, that change will be reflected in the invoice the following billing period.
Clients arriving late will receive the remaining scheduled session time, unless other arrangements have been previously made with the trainer.
The expiration policy requires completion of all personal training sessions within 365 days from the date purchased. Personal training sessions are void after this time period.
As a Dogwood Fitness client, you get a complimentary Health Coaching session each month. These sessions are strategy planning meetings to evaluate factors that affect your health in and out of the gym. We use these sessions to set goals and create plans to reach them. They are EXTREMELY valuable, especially when done on a regular basis.
Personal Training Incentives
For every successful referral (someone who signs up for paid services) that the client sends to the trainer using the referral form found on this site, the referring client will receive a complimentary session equal to the value of other sessions in the client's most recent package or single session purchase.
It is up to the client to keep track of this status and let the trainer know when the conditions have been met.
Cancellations and Refunds
In the event a Client elects to cancel Packages or Memberships, the client will be charged for any sessions remaining in the agreement.
To cancel or change your package subscription to a different offering, the client must notify Dogwood Fitness in writing via email at least 30 days prior to the date of renewal.
No refunds will be issued for services already rendered.
To cancel subscriptions or packages, the client must fill out a cancellation form found at https://www.dogwoodfitness.com/services-cancellation-form/.
The Coach reserves the right to cancel the program if at any point she feels it is not advantageous for the program to continue. If this happens, the Client is only responsible for the pro rata share of services received.
- The Client understands that the Coach is not a doctor.
- The role of the Coach is not to provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Coach is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes.
- The Client understands that the Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by the Coach is not meant to take the place of advice by these professionals.
- If the Client is under the care of a health care professional or currently uses prescription medications or prescribed exercises, the Client should discuss any dietary changes, potential dietary supplements use, and exercises with his or her doctor, and should not discontinue any prescriptions without first consulting his or her doctor.
- The Client has chosen to work with the Coach and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
Release of Liability / Indemnitiy / Assumption of Risk Section
In consideration of me being permitted to participate in any way in the DOGWOOD FITNESS/ MARTHA JEAN SCHINDLER Personal Training Activities (“Activity”),
I (Client Name:)_____________________________agree:
I acknowledge that the I takes full responsibility for my life and well-being, and all decisions made during and after a Health Coaching program. I expressly assume the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes.
I understand the nature of Strength & Conditioning or Personal Training activities and believe I am qualified to participate in such Activity. I further acknowledge that I am aware the activity will be conducted at my home or in a studio during the Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
I FULLY UNDERSTAND that: (a) Strength & Conditioning and Personal Training Activities involve risks and dangers of SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”); (b) these Risks and dangers may be caused by my own actions, or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of my Participation in the Activity.
I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS MJ SCHINDLER/DOGWOOD FITNESS LLC, any respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the “Releasees” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations and further agree that if, despite this release, I, or anyone on my behalf makes a claim against any of the Releasees named above, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
In the event that there ever arises a dispute between Coach and Client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client.
The Coach will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.