Terms and Conditions
Personal Training Purchasing Information:
- Each individual will have their own personal account in which the money they paid towards their training sessions will remain until sessions are used.
- When your account balance has (2) sessions remaining, your trainer and/or manager will notify you of the account balance.
- Training Session will be one (1) hour in duration unless otherwise specified by client and/or trainer
Cancellation Policy of Client and Trainer
- The client must inform the trainer outside of 24 hours if they must reschedule and/or cancel their session. If they cancel within the 24-hour notice, their account will be deducted for that scheduled session.
- The trainer must be in constant contact with their own client if there needs to be a reschedule or cancelation of the upcoming sessions. If client is not informed in enough time to make the necessary changes to meet the trainers needs, their next session will be complimentary.
Cost of Training
- One on One Training $60/hour
- Pair rate $45/hour
- Group Rate (3 or more persons) $30/hour
Account Expiration
- If client is out of contact with trainer or Xcel Performance Inc. and their account has not been in use for over 6 months, their account will be expired.
Sales and Refunds
- All sales will be final after 72 hours of processing the account information and a refund will not be issued.
Exercise Requirements
- Doctor clearance to be able to perform physical activity
- Fitness attire only – no bare feet or open shoes
- Understanding that the trainer will sometimes place their hands on you to ensure proper form and during the assessment. Please notify the trainer before the sessions if you are uncomfortable with this to ensure you will have a good and comfortable experience.
- No unsupervised children without consent to be in the facility
- Be aware of where you place your personal belongings, Xcel Performance Inc. will not be held liable for any misplaced personal belongings.
Hours of Operations
- Monday Thru Friday 5am-7pm (unless other times are agreed upon by trainer and client)
- Saturday 8am-12pm (unless other times are agreed upon by trainer and client)
- Sundays- Appointment Only
- Holidays will be appointment only
Consumer Protection Clauses
A. The contract provides for the penalty-free cancellation of the contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract term or, if appropriate, the number of occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund shall be issued within thirty (30) days after receipt of the notice of cancellation made within the 3-day provision. [s. 501.017(1)(a), F.S.]
B. The contract provides for the cancellation and refund of the contract if the contracting business location of the health studio goes out of business, or moves its facilities more than five (5) driving miles of the business location designated in the contract and fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the business location designated in the contract at no additional cost to the buyer. [s. 501.017(1)(b)1, F.S.]
C. The contract provides that notice of intent to cancel by the buyer shall be given in writing to the health studio. The notice of cancellation from the consumer terminates automatically the consumer's obligation to any entity to whom the health studio has subrogated or assigned the consumer's contract. If the health studio wishes to enforce the contract after receipt of the notice, it may request the department to determine the sufficiency of the notice. [s. 501.017(1)(b)2, F.S.]
D. The contract provides that if the department determines that a refund is due the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a health studio may not be deemed out of business when temporarily closed for repair and renovation of the premises:
1. Upon sale, for not more than fourteen (14) consecutive days; or
2. During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph. [s. 501.017(1)(b)3, F.S.]
E. The disclosure statement shall include a provision advising the buyer to contact the department for information within sixty (60) days should the health studio go out of business. [s. 501.017(1)(c), F.S.]
F. The contract provides for the cancellation of the contract if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which the buyer used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The contract may require a buyer or the buyer's estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer is established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under Chapter 458, 459, 460, or Chapter 461 provided the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within thirty (30) days after receipt of the notice of cancellation made pursuant to this paragraph. [s. 501.017(1)(d), F.S.]
G. The contract provides that the initial contract will not be for a period in excess of thirty six (36) months, and thereafter shall only be renewable annually. A renewal contract may not be executed and the fee therefore paid until sixty (60) days or less before the previous contract expires. [s. 501.017(1)(e), F.S.]
IF you sell a single contract for thirty (30) days or less, without any option or other condition which establishes any right or obligation of a member beyond the thirty (30) day period then this provision should read as follows: The initial contract will not be for a period in excess of thirty (30) days. Renewal contracts may not be executed and the fee therefore paid until the preceding contract expires.
IF you sell SESSIONS in this manner then the contract must ALSO indicate that ALL sessions must be used within thirty (30) days.
H. The contract provides that if the health studio requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio shall provide the buyer with the means of such identification. [s. 501.017(1)(f), F.S.]
I. Health studios exempt from posting security must include in all contracts for health studio services the following disclosure statements [s. 501.017(2), F.S.]:
SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN 1 MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.