PURCHASE AGREEMENT
Effective January 1, 2020
This agreement is entered into between Progressive Rehab and Strength, LLC (“PRS”) and any client, athlete, customer or consumer of PRS services, products, and Programs (“Purchaser”). This agreement extends to any agents and independent contractors acting under the direction of PRS.
This agreement covers the following services (herein after referred to as “Programs”)
· Recurring Online Coaching
· Nonrecurring Online Coaching
· In-Person Coaching
This agreement does not apply to PRS Online Group Courses that are available through Blackboard. A separate purchasing agreement is made available to purchasers who participate with online group courses at the time of enrollment.
Subject to this agreement, Purchaser has enrolled in the personalized health and fitness coaching offered by PRS. Purchaser recognizes that the Program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. Purchaser understands that the sessions Purchaser engages in are not considered physical therapy. Purchaser understands that should Purchaser want treatment of an injury, Purchaser will book a physical therapy evaluation and treatment at a separate time. Purchaser also understands that PRS Coaches are not a registered dieticians or medical doctors and the information they provide are recommendations only. Any advice Purchaser receives from PRS Coaches and agents is to be used at Purchaser’s own discretion.
Purchaser hereby affirms that Purchaser is in good physical condition and does not suffer from any known disability or condition which would prevent or limit Purchaser’s participation in sessions. Purchaser acknowledges that Purchaser’s enrollment and subsequent participation is purely voluntary and in no way mandated by PRS or PRS affiliates and agents.
In consideration of my participation in this Program, Purchaser hereby release PRS and its agents and independent contractors from any claims, demands, and causes of action as a result of my voluntary participation and enrollment.
Purchaser fully understands that Purchaser may injure him or herself, lose weight, gain weight, or maintain weight as a result of my enrollment and subsequent participation in this Program and Purchaser hereby releases PRS and its agents from any liability now or in the future for conditions that Purchaser may obtain. These conditions may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness that I may incur, including death.
REFUND POLCY
I. Refund Policy: All PRS online and in-person Programs are non-refundable. Written refund requests will be reviewed and honored only at the sole discretion of PRS.
HOLD POLICY
II. Hold Policy: All Program holds are final. Any hold request shall be at the sole discretion of PRS and multiple, continuous hold requests may be treated as a request for cancellation, as is set forth in our Cancellation Policy in section III below.
a. Reoccurring Online Coaching Hold Policy: PRS reoccurring Programs may be placed on hold for up to a month, for a “hold fee” of $25.00. To place a Program on hold, Purchaser must contact the PRS Business Manager in writing at least three (3) business days prior to Purchaser’s scheduled reoccurring payment date. The writing must expressly state Purchaser’s desire to place the Program on hold and the reason for requesting a hold. After one month expires, Purchaser acknowledges that the hold on Purchaser’s Program(s) will automatically expire and Purchaser’s billing will continue as initially agreed upon.
b. Nonrecurring Online Coaching Hold Policy: Purchaser cannot request a hold for nonrecurring online coaching. Please refer to our Expiration Policy for nonuse of nonrecurring online coaching sessions.
c. In Person Coaching Hold Policy: Purchaser cannot request a hold for in person coaching Programs. Please refer to our Expiration Policy for nonuse of in person coaching sessions.
CANCELLATION POLICY
III. Cancellation Policy: All cancellations are final. Should Purchaser decide to reestablish Purchaser’s reoccurring Program, any discounted rates that Purchaser received prior to the cancellation will not be honored, and the Program will be subject to the current pricing.
Purchaser acknowledges the 24-hour cancelation policy and will pay 50% of the appointment value for any cancellation within 12 hours of the start of the scheduled appointment and 100% of the appointment value for any cancellation within 2 hours of the start of the appointment.
Failure to login or check-in to an online Program does not constitute automatic cancellation or withdrawal from the Program. Should a Purchaser fail to provide their weekly or monthly check-in or login to their Program, payment will continue automatically for two (2) months, and PRS may subsequently, and without providing further notice to Purchaser, cancel participation in the Program and future payments. Should Purchaser wish to reestablish their Program, prior offerings and discounted rates will not be honored and Purchaser will pay the current Program price.
EXPIRATION POLICY:
IV. Expiration Policy:
a. Nonrecurring Online Coaching Expiration Policy: Purchaser acknowledges that nonrecurring online coaching packages expire four (4) months from the purchase date for a 10-session package, and six (6) months from the purchase date for a 20-session package. Packages are non-refundable and automatically expire after the expiration date of the package.
b. In Person Coaching Expiration Policy: Purchaser acknowledges that all in-person coaching and physical therapy packages expire four (4) months from the purchase date for a 10-session package, and six (6) months from the purchase date for a 20-session package. Packages are non-refundable and automatically expire after the expiration date of the package.
PAYMENT POLICIES
V. Automatic Withdrawal Policy: Online reoccurring coaching is continuous, and there are no breaks in the coaching. Purchaser’s account will incur an automatic withdrawal on the payment day in accordance with the payment package they have chosen. Should Purchaser wish to stop automatic withdrawals, Purchaser may place their account on “hold” or request to “cancel” in accordance with the terms set forth in this policy.
VI. Payment Increases: PRS reserves the right to raise payments after providing one payment cycle notice, not to exceed 15% within one calendar year.
MISCELLANEOUS
VII. Feedback Form: If purchaser does not send in their feedback form by the designated time, then the delivery of their next block is subject to time availability of the coach and may take up to a week to be delivered.