In order to participate in Coach Jerry’s BModFitness Program anyone who registers for classes will be required to agree to the following payment and likeness use terms and conditions and Liability Waiver as a part of the on-line registration process and in order to complete the registration:
PAYMENT AND REGISTRATION POLICY:
Coach Jerry’s BModFitness Program will bill customers on a monthly basis for planned class attendance in the following month - CLASSES ARE BILLED IN ADVANCE AND PAYMENT IS DUE IN ADVANCE. Customers will communicate their planned attendance schedule for a given month between the 10th and 14th of the preceding month (coach Jerry ALWAYS sends out an email, just hit reply) and Coach Jerry will create and email invoices based off this information. In the event Coach Jerry DOES NOT receive any communication otherwise he will ASSUME the customer plans to stay enrolled in the current class and plans to attend ALL classes in the given month.
Coach Jerry’s BModFitness Program does NOT accept Credit Cards. Payments must be made in cash or by check, with cash the preferred payment method - THERE WILL BE A $100 RETURNED CHECK FEE FOR ANY AND ALL CHECKS THAT ARE RETURNED FOR INSUFFICIENT FUNDS. All payments are recorded into the personal online database account that is created when a customer completes the registration process and which customers have 24 hour access to.
Coach Jerry’s BModFitness Program charges an annual Registration and Liability Insurance fee of $40 per family UPON INITIAL REGISTRATION and then in July of every year in which participants are enrolled. THIS FEE IS IN ADDITION TO ANY ANNUAL GYM REGISTRATION FEE - OUR CUSTOMERS ARE REQUIRED TO PAY Coach Jerry’s BModFitness Program AND THE GYMS' REGISTRATION FEES IN ORDER TO PARTICIPATE IN CLASSES OFFERED BY Coach Jerry’s BModFitness Program
Requests for a refund must be in writing there will be a $50 processing fee on refunds.
A $25.00 late fee per WEEK applies to all accounts that are unpaid at the beginning of the month, unless communication with Coach Jerry has provided otherwise.
Prices are subject to change without notice.
Coach Jerry’s BModFitness Program offers a 5% savings, per class, to customers enrolled in multiple classes per week.
Coach Jerry’s BModFitness Program has always maintained an extremely liberal absence and make-up policy. We do not believe in punishing families if a child gets sick or if a family goes on vacation. Therefore, we request planned absences prior to billing and bill cost accordingly. Families do not pay a fee to "hold a spot" in a class if they are gone more than 2 weeks; nor do we place time restrictions on make-ups (e.g. if it's not made up by the end of the month it is lost.) We also do not require that families notify us that they will be absent if their child is sick or has been injured, although we do request a 1-hour notice IF POSSIBLE so coaches can be notified. Families will ONLY be able to credit 2 absences towards a cost reduction in a following month during any given calendar year. Other make-ups will need to be made up. Make-ups DO NOT EXPIRE, so families will be able to apply absence credits at any time, even a year or more later! The policy is:
Coach Jerry’s BModFitness Program understands that our customers have difficult schedules, and that sometimes life events overtake our best efforts to plan ahead, just COMMUNICATE with us so we can work with you to resolve issues and keep your particular program going.
LIKENESS USAGE: I understand that my child's likeness may be used in Coach Jerry Bennett’s ads, promotional videos, website material, or various other marketing. These images will be used for Coach Jerry Bennett’s purposes only, and will not be given or sold to outside companies or individuals. Coach Jerry Bennett reserves the right to use any video or photographic material for any legal purpose.
RELEASE OF LIABILITY: As the legal parent or guardian, I release and hold harmless Coach Jerry Bennett and any others providing Behavioral Modification Fitness (BModFitness) classes in his name, from any and all liability, claims, demands, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the participant and/or the undersigned, while in or upon the premises or any premises under the control and supervision of Coach Jerry Bennett and any others providing Behavioral Modification Fitness (BModFitness) classes in his name or in route to or from any of said premises.
ASSUMPTION OF RISK: Coach Jerry Bennett and any others providing Behavioral Modification Fitness (BModFitness) classes in his name are not responsible for any injury (or loss of property) to any person while taking any class offered by Coach Jerry Bennett and any others providing Behavioral Modification Fitness (BModFitness) classes in his name, for any reason whatsoever, including ordinary negligence on the part of Coach Jerry Bennett and any others providing Behavioral Modification Fitness (BModFitness) classes in his name. In consideration of my participation, I hereby release and covenant not to sue Coach Jerry Bennett and any others providing Behavioral Modification Fitness (BModFitness) classes in his name from any and all present and future claims resulting from ordinary negligence on the part of Coach Jerry Bennett and any others providing Behavioral Modification Fitness (BModFitness) classes in his name listed for property damage, personal injury, or wrongful death, arising as a result of my engaging in or receiving instruction in Coach Jerry Bennett’s Behavioral Modification Fitness Program, wherever, whenever, or however the same may occur. I hereby waive any and all claims, past, present, and future that may be made by me, my family, estate, heirs, or assigns. Further, I am aware that Coach Jerry Bennett’s Behavioral Modification Fitness Program is a vigorous sporting activity involving height and rotation in a unique environment and as such they pose a risk of injury. I understand that Coach Jerry Bennett’s Behavioral Modification Fitness Program and other activities always involve certain risks, including but not limited to death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, and serious injury to virtually all bones, joints, muscles, and internal organs, and the mats, pits, and other safety equipment and apparatus provided for my protection including active participation of a coach who will spot or assist in the performance of certain skills, may be inadequate to prevent serious injury. The risk of harm may be limited by all of the safety equipment and trained coaches, but never eliminated. I understand that participation in Coach Jerry Bennett’s Behavioral Modification Fitness Program environment including moving from event to event, swinging, conditioning, stretching and other activities, which may leave me vulnerable to the reckless actions of other participants who may not have complete control over their actions or who may not see other students in the gym. I am voluntarily participating in this activity with knowledge of the risks involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death. I further agree to indemnify and hold harmless Coach Jerry Bennett and any others providing Behavioral Modification Fitness (BModFitness) classes in his name for any and all claims arising as a result of my engaging in or receiving instruction in Behavioral Sensory Integration, gymnastics, or any activities incidental thereto, whenever, wherever, or however the same may occur. I understand this waiver is meant to be as broad and as inclusive as permitted by the laws of the state of California and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceedings will be the state of California. I affirm that I am of legal age and am freely signing this agreement. I have fully read this form and fully understand that by checking the box on this section of the form, I am giving up legal rights and remedies which may be available to me for the ordinary negligence of Coach Jerry Bennett and any others providing Behavioral Modification Fitness (BModFitness) classes in his name.
MEDICAL EMERGENCY: I give permission to Coach Jerry Bennett and any others providing Behavioral Modification Fitness (BModFitness) classes in his name to seek medical treatment for the participant in the event they are not able to reach a parent or guardian. I hereby declare any physical/mental problems, restrictions, or condition and/or declare the participant to be in good physical and mental health. I give permission for Coach Jerry Bennett and any others providing Behavioral Modification Fitness (BModFitness) classes in his name to seek emergency medical treatment for the participant(s) in the event they are unable to reach any parent or guardian. I also agree that they themselves will be responsible for any financial debt incurred by said action.
SIGNATURE: As the legal parent or guardian, I release and hold harmless Coach Jerry Bennett and any others providing Behavioral Modification Fitness (BModFitness) classes in his name from any and all liability, claims, demands, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the participant and/or the undersigned, while in or upon the premises or any premises under the control and supervision of Coach Jerry Bennett and any others providing Behavioral Modification Fitness (BModFitness) classes in his name or in route to or from any of said premises.