Terms and Conditions

State Registration Number: E5262
4870-6083-9500

A SUMMARY OF TERMS FOR YOUR CONVENIENCE
Fitness and Massage Membership Summarized Terms and Conditions

1. Client must provide at least 30-days written notice to cancel a membership. (17)
2. Client must provide at least 24-hours cancellation notice to service professionals (coaches and/or massage therapists) or client will be charged for the session cost. (14)
3. Client must use group fitness credits within 4 weeks of the purchase date. (8)
4. Client must use massage credits within 90-days of the purchase date. (8)
5. Client credits are for the Client use only. No sharing. (8)
6. For the Unlimited Membership (3c) (i) buddy passes do not roll over and must be used within 4 weeks, (ii) massages are assigned after 6 months of consecutive payments and must be used within 1 year of assignment.
7. By signing you agree to the informed consent, assumption of risk and release of liability and likeness agreement. (page 11)


To make changes to your membership, email info@livebfitlifestyle.

For details on each of the summarized lines visit respective areas in the terms and conditions to follow.
























MEMBERSHIP AGREEMENT AND TERMS AND CONDITIONS

THIS B-FIT LIFESTYLE, LLC MEMBERSHIP AND COACHING AGREEMENT AND TERMS AND CONDITIONS APPLIES TO ALL PERSONS THAT ENGAGE B-FIT LIFESTYLE, LLC FOR ANY PROFESSIONAL SERVICES AT B-FIT LIFESTYLE, LLC OR INVOLVING B-FIT LIFESTYLE, LLC EMPLOYEES OR CONTRACTORS, INCLUDING, BUT NOT LIMITED TO: B-FIT LIFESTYLE, LLC GROUP FITNESS MEMBERSHIP AND/OR PACKAGES, PRIVATE OR SEMI-PRIVATE COACHING SESSIONS, GROUP OR INDIVIDUAL FITNESS CLASSES, GROUP OR INDIVIDUAL MASSAGE SERVICES AND/OR CLASSES, GROUP OR INDIVIDUAL YOGA CLASSES, AND B-FIT PROGRAMS. THE PERSON EXECUTING THIS AGREEMENT AGREES TO THE TERMS AND CONDITIONS CONTAINED HEREIN.

This B-Fit Lifestyle Membership and Professional Services Agreement (Services Agreement) is entered into as of the date this Agreement is executed and delivered to B-Fit Lifestyle, LLC (Start Date), by and between the person executing this Agreement (Client) and B-Fit Lifestyle, LLC, a Maryland limited liability company (B-Fit or Company and, collectively with the Client, the Parties).

Engagement of B-Fit Fitness Memberships and Services.

Client is engaging the Company for group fitness (GF) membership, massage membership, and/or private coaching membership (individually or collectively, Membership), and professional services, included, but not limited to; private or semi-private personal training sessions, group or individual fitness classes, group or individual massage sessions and/or classes, group or individual yoga classes, B-Fit Challenge Programs (individually or collectively, Service), to be provided by Companys coaching professionals (Coach or Coaches) , which may last 30 minutes, 45 minutes, 60 minutes, 90 minutes or 120 minutes depending on the session structure (Coaching Sessions), and/or Companys Massage Therapists (Massage Therapists or MTs), which may last 30 minutes, 45 minutes, 60 minutes, 90 minutes or 120 minutes depending on the session structure (Massage Sessions).

Coaching Sessions. Coaching Sessions may include, but are not limited to, the following activities: tests of physical fitness; physical exercise, cardiovascular training, weightlifting and training, muscle recovery and/or self massage, physical therapy, yoga, and/or stretching.

Massage Sessions. Massage sessions may include, but are not limited to, the following techniques and/or enhancements, deep tissue massage, static or dynamic cupping, muscle scraping or gua sha, heating elements, and active or passive stretching.


Client Communication. Prior to engaging in the Membership or Service or any other physical activity occurring with or at the Company, Client agrees to inform the Company, Coach(es), and Massage Therapists of any and all conditions, medical or otherwise, that may affect his/her ability to participate in Coaching Sessions and/or Massage Sessions.

Memberships.

Fitness Membership. If Client is purchasing GF Membership, individual classes and/or class session packages, and/or private Coaching Sessions, as the case may be, Client is aware of which Membership and/or Services they selected. Client agrees to the commitment length and price of Membership as it is represented upon Clients selection, subject to any change in such price pursuant to Section 10 of this Agreement. The cost of such GF Membership individual classes and/or class session packages, and/or private Coaching Sessions shall be assessed pursuant to Section 7 of this Agreement.

Massage Membership. If Client is purchasing individual Massage services and/or Massage Membership, Client is aware of which Massage Membership or service they selected. Client agrees to the commitment length and price of such Membership as it is represented upon Clients selection, subject to any change in such price pursuant to Section 10 of this Agreement. The cost of such Massage services and/or Massage Membership shall be assessed pursuant to Section 7 of this Agreement.

Unlimited Memberships. If Client is purchasing an unlimited membership package (Unlimited Membership) Client is aware of the Unlimited membership commitment length and the price of such Unlimited Membership as it is represented upon Clients selection, subject to any change in such price pursuant to Section 10 of this Agreement. Unlimited Membership packages entitle Client to the following additional benefits: (i) Client will receive two (2) guest pass credits (Guest Passes) per four weeks of Unlimited Membership which entitle Client to bring a guest to a fitness class. Client must be present with their guest when using a Guest Pass. Guest Passes are not cumulative and will expire if not used within four-weeks of Clients receipt of Guest Passes; and (ii) Client will receive one (1) Massage credits per six (6) months of maintaining Clients Unlimited Membership package, for a total of two (2) credits per year that Client maintains its Unlimited Membership. Such Massage credits will entitle Client to a 60-minute massage session per credit. Massage credits will expire if not used within 12-months of receiving the Massage credit.

B-Fit Challenge Programs. If Client is entering into the programs offered by B-Fit known as the B-Fit Challenge Client agrees to the following specific terms and conditions of the B-Fit Challenge.

Acknowledgement: Client agrees that Client is entering into a B-Fit Challenge for a specific period of time chosen by the Client during which period of time Client will be engaged in certain additional training and professional services including, but not limited to, nutrition coaching, accountability services, massage services, physical therapy services, and certain class credits.

Non-Refundable; Non-Cancelable. Client agrees that the B-Fit Challenge is a non-refundable commitment which does not auto-renew, and which cannot be canceled for any reason whatsoever.

Costs; Payment. The cost of any B-Fit Challenge program shall be paid in full at the time Client signs up for the B-Fit Challenge program with the Company. Client may choose to finance the cost of the B-Fit Challenge program through a third-party financial institution (Financier) that is chosen by Company in its sole and absolute discretion. If Client chooses to finance the cost of the B-Fit Challenge program, Client shall notify Company of such decision at the time Client signs up for the B-Fit Challenge program, and Company shall provide to Client all necessary information about the Financier to allow Client to communicate directly with Financier.

Financing Disclaimer. Company makes no representations or warranties as to any financial products provided by the Financier and expressly disclaims any responsibility for payments made or required to be made by Client to Financier. Payments made to the Financier are the Clients full responsibility and in no way is Company responsible for ensuring payments are made in a timely manner. Upon Clients election to finance the B-Fit Challenge cost with the Financier, Client agrees that any responsibilities it has for payments and the terms and conditions of such payments are strictly between Client and Financier, and Client releases Company from any and all liability regarding any of the payment terms and conditions of Financier, any credit check required by Financier, any late fees, interest fees, and any similar fees or charges required or imposed by the Financier. Client agrees to indemnify Company for any charges, fees or costs imposed on Company by Financier that are in any way related to Clients relationship with Financier.

Other Agreement. By entering into this Agreement, Client agrees to enter into and execute the Informed Consent, Assumption of Risk, and Release of Liability and Likeness (Waiver and Release Agreement) attached hereto and which shall be effective immediately on the Start Date. The terms and conditions of the Waiver & Release Agreement are material to this Agreement and are incorporated herein by reference.

Membership Payments. Clients payments for any Membership or Service are described below. Any unsuccessful attempt by B-Fit to charge the form of payment provided by the Client for any reason (including expiration or insufficient funds) in accordance with the selected commitment length and price of Membership, results in automatic termination of the Membership, which will cease all access to B-Fit Membership, by which Client will be notified by email.

GF Membership payments are automatically charged to the form of payment provided by Client in either one (1) week, two (2) week, or four (4) week intervals, depending on the Membership selected by Client.

Coaching Session and Massage Membership payments are automatically charged to the form of payment provided by Client every four (4) weeks.

B-Fit Challenge program payments shall be governed by Section 4(c) of this Agreement.

Credits. If Client is entering into a Fitness or Massage Membership offered by B-Fit, the Client agrees to the following specific terms and conditions regarding membership credits (Credits). In all cases, Credits are for Clients specific use only and may not be transferred or assigned to any other person, whether or not such person is a member of B-Fit.

Group Fitness Membership Credits. If Client is entering into a GF Membership for a specific number of group fitness class, such classes will be represented by credits (GF Credit) per week. GF Credits have a lifespan of four (4) weeks. If GF Credits are not used within a four (4) week period after the purchase date, such GF Credits will expire and be deemed unusable. There are no refunds for Credits that remain unused after four (4) weeks and Company will not grant any extensions for Credit use. For example, Client starts a three session-per-week GF membership on week 1; Client is provided three class GF Credits per week. If Client does not attend any classes during Week 1, Client may use the 3 unused GF Credits from week 1 to take additional classes in weeks 2, 3 and 4. The Client must use the 3 unused GF Credits from Week 1 before or during Week 4. If Client does not use GF Credits by week 4, the GF Credits expire.

Massage Membership Credits. Client agrees that the Client is entering into this Membership for a specific number of massage credits (Massage Credit) per four (4) to eight (8) weeks. The Massage Credit lasts for ninety (90) days after the purchase date. If Massage Credits are not used within a ninety (90) day period after the purchase date such credits will expire and be deemed unusable. Massage Credits are for Client use only and are not transferable. meaning they are for Client use only.

Unlimited Membership GF Credits. In addition to the Guest Pass and Massage Credits described in Section 3(c), if Client has elected to enter into Companys Unlimited Membership, such Unlimited Membership GF Credits do not expire and may be used at any time after purchase.


Renewal. Clients selected Membership and/or Coaching Sessions will automatically renew one (1) day prior to the end of such Membership or Coaching Session. B-Fit Challenge programs to not renew.

Membership Cost Increases. Company shall notify Client in writing of any increase in the cost of any Membership, Service and/or Coaching Sessions thirty (30) days before the price increase shall take effect. The new price shall take effect on the date stated in the notice and after the then-current Agreement term expires. Company may deliver the notice of an increase in price via email or other electronic messaging service. Client is not required to sign the written notice of price increase or other documents for the new price amount to take effect.

Coaching Package and Payments. Client has purchased, is purchasing or will purchase Coaching Sessions at the price agreed to by and between Client and B-Fit. Client may purchase any amount of packages of classes and/or Coaching Sessions on the B-Fits online or app-based store (the Webshop) or with a B-Fit Representative, subject to the terms and conditions of the Webshop platform and the terms and conditions contained in this Agreement.

No Liability for Electronic Platforms. B-Fit utilizes various electronic platforms for, among other things, selling products, services and classes, signing up and registering for classes, and/or providing real-time, remote fitness classes. Client agrees that he/she will not hold Company or any of its Coaches liable for any malfunctions and/or technical issues that arise in connection with the use of such electronic platforms, and Client shall look solely to the provider of such electronic platforms and the terms and conditions of such electronic platforms for redressing or remedying any harm to Client from any malfunctions and/or technical issues of such electronic platforms.

Information Sharing. Client expressly agrees that B-Fit Coaches, personnel, and any other individual providing health and wellness-related services to B-Fit may share any and all fitness-related information related to the Client with one another for the purpose of providing a more comprehensive fitness and wellness assessment and/or training program to the Client. Such information may include, but is not limited to, information concerning Clients physical strength or ability, any physical injuries or other related health problems that affect physical training, and/or any fitness goals, progress or set-backs that Client has experienced in the course of Coaching Sessions or other activities at B-Fit. Client may, with express notice to B-Fit or a qualified B-Fit agent, employee or representative, require that such information remain private between the Client and the particular Coach or other personnel that Client designates.

Cancellation of Coaching Session. Client shall provide at least twenty-four (24) hour notice of any necessary cancellation of a scheduled Coaching Session. Failure to provide twenty-four (24) hour notice shall result in the Client being charged the full cost for the missed Coaching Session. If the reason for Membership and/or Coaching Session cancellation is due to natural disaster or personal-related emergency or illness outside of the reasonable control of the Client, cancellation is not subject to charge.

Indemnity. Client agrees to indemnify, defend and hold harmless the Company, and each of its respective Coaches, members, managers, employees and agents from and against any and all claims, demands, injuries, fatalities, liabilities, judgments, liens, actions, damages, reasonable attorneys fees, court costs, other costs and expenses, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, that are incurred by the Company and which arise out of or are in any other way related to the Clients negligence or willful misconduct in its dealings or interactions with the Company.

Limitation on Liability. Client agrees that he/she will not hold Company or any of its Coaches liable for any physical or mental injury or illness (whether minor or severe), death, or other injury, including alleged financial harm, that results from Coaching Sessions or any other similar interaction with B-Fit, unless such death, injury, or otherwise is deemed by a Court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of the Company or any of its Coaches or MTs.

Termination. Client may terminate its applicable membership with B-Fit upon providing written notice to B-Fit no less than thirty (30) days before the chosen termination date. Client remains responsible for any fees and/or costs due from the Client to B-Fit from the time Client provides its termination notice until the date Clients Membership terminates. Clients early termination does not entitle Client to a refund or reimbursement of any Coaching Sessions or any other classes or sessions already purchased by Client. The B-Fit Challenge programs may not be terminated at any time or for any reason whatsoever. Email info@livebfitlifesyle.com.

Pause. Client may pause the Membership and/or Service Agreement one (1) time per year for a minimum of thirty (30) days and maximum of sixty (60) days for a fee of $30.00. Valid reasons for an Agreement pause include: serious injury; surgery; and business travel. During a pause Client is removed from all access to Membership. B-Fit Challenge programs are not eligible for a pause for any reason whatsoever and will instead last for the duration of the program purchased by the Client.

No Warranties. The Company and its Coach(es) do not guarantee or warrant any results or outcomes of Membership and/or Coaching Sessions. The Company and its Coaches make no representations and/or warranties that Client will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results.

Entire Agreement. This Agreement and the attached Waiver and Release Agreement reflect the entire agreement between the Parties and reflect a complete understanding of the Parties with respect to the subject matter contained herein. This Agreement supersedes all prior written and oral representations between the Parties.

Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Agreement that cannot be resolved by mutual agreement, the Parties agree to engage in mediation by a mutually agreed-upon mediator. If the matter cannot be resolved through mediation and further legal action ensues, the substantially prevailing Party will be entitled to collect its legal fees from the other Party, including, but not limited to, its attorneys fees.

Legal and Binding Agreement. This Agreement is legal and binding between the Parties. The Parties each represent that they have the capacity and authority to enter into this Agreement.

Severability. If any provision of this Agreement shall be held to be invalid or unenforceable by any court of competent jurisdiction for any reason, the remaining provisions shall continue to be valid and enforceable. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Electronic Signature. Client agrees that this Agreement, any amendments hereto, and any other documents executed in connection with this Agreement are valid and enforceable notwithstanding Clients use of an electronic signature. The words signature, sign, signed, execute and words of like import in or relating to this Agreement shall be deemed to include electronic signatures, and use of an electronic signature shall be of the same legal effect, validity and enforceability as a manually executed signature. Client represents and agrees that Clients use of electronic signature for purposes of executing this Agreement, any amendments hereto, and any other documents executed in connection with this Agreement shall be valid, binding and legally enforceable.

Waiver. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Partys right to subsequently enforce and compel strict compliance with every provision of this Agreement.

Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the state of Maryland, without giving effect to any conflicts of law provisions.

Changes to Terms and Conditions. B-Fit may make changes or amendments to the terms of the Services Agreement and Terms and Conditions from time to time. If such changes are made, B-Fit will provide 30-day notice to Client of such change via e-mail to the e-mail address provided by Client upon commencing Membership. Client will be deemed to accept any such changes to the Terms and Conditions or this Agreement if Client continues to utilize B-Fits facilities, equipment, classes and/or Services after such 30-day period.

NOTICE OF CONSUMER RIGHTS

1. Our business' registration number with the State's Consumer Protection Division is E5262.

2. We are not required to carry a performance bond under the Maryland Health Club Services law because we do not accept more than three months' payment in advance or charge initiation fees over $200.

3. If B-Fit Lifestyle is closed for a month or more, you are entitled to your choice of either an extension of the program or a prorated refund. If the closing is not the fault of the business, we are entitled to choose.

4. You have the right to cancel this program within three business days after receipt of a copy of this agreement. Cancellation must be in writing, and delivered in person or by certified or registered mail. If you cancel, you are entitled to a full refund of all monies paid.

5. If you become disabled for at least 3 months during the membership term and the disability is confirmed in writing by a physician, you are entitled to an extension of the program. Since we are exempt from the bonding requirement, we cannot collect payments during a members disability extension so that we are not holding more than three months' payment in advance.

This notice is an integral part of the application and contract for membership.

[signature page follows]

BY SIGNING THIS AGREEMENT, THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS AGREEMENT AND THAT THE CLIENT IS SATISFIED AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.


CLIENT B-Fit Lifestyle, LLC

Sign: ________________________________ By: ____________________________

Print: ________________________________ Name: ____________________________

Date: ________________________________ Title: ____________________________

INFORMED CONSENT, ASSUMPTION OF RISK AND RELEASE OF LIABILITY AND LIKENESS AGREEMENT

This Informed Consent, Assumption of Risk, and Release of Liability and Likeness Agreement (Waiver and Release Agreement) is entered into as of the date this Waiver and Release Agreement is executed and delivered to B-Fit Lifestyle, LLC (Start Date), by and between B-Fit Lifestyle, LLC, a Maryland limited liability company (B-Fit or Company), and the person signing this Waiver and Release Agreement (Client) as a material agreement to the B-Fit Lifestyle Membership and Services Agreement, the terms and conditions of which are incorporated herein by reference. Any capitalized terms not defined herein shall have the meaning given to them in the B-Fit Lifestyle Membership and Services Agreement.

Client certifies that he/she is of adequate physical condition to participate in physical exercise.


Client agrees that he/she assumes the risk of physical injury, illness, or death, whether minor, severe, or otherwise which occurred or arose out of physical training at or with the Company and any of its Coaches.

Client agrees that he/she will disclose to his/her Coach or Coaches whenever suggested activities cause distress beyond Clients threshold.

Client agrees that he/she will not hold Company or any of its Coaches liable for any physical or mental injury, illness, whether minor or severe, death, or other injury that results from Coaching Sessions or any other similar interaction with B-Fit, unless such death, injury, or otherwise is deemed by a Court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of the Company or any of its Coaches.

Client acknowledges and agrees that he/she assumes all risk and responsibility for his/her participation in the Coaching Sessions or any other session or event at B-Fit.

Client agrees that the Company may use his/her likeness for promotional purposes.

CLIENT EXPRESSLY ASSUMES THE RISK OF CONTRACTING THE COVID-19 VIRUS IN CONNECTING WITH PHYSICAL COACHING AT OR WITH THE COMPANY OR ITS COACH(ES). CLIENT AGREES THAT HE/SHE WILL NOT HOLD THE COMPANY OR ANY OF ITS EMPLOYEES LIABLE IN THE EVENT CLIENT CONTRACTS THE COVID-19 VIRUS AND CLIENT HEREBY WAIVES ANY SUCH FUTURE CLAIM(S) CLIENT MAY HAVE IN CONNECTION WITH THEIR CONTRACTING THE COVID-19 VIRUS. Client agrees to notify the Company in the event Client is diagnosed with or tests positive for the COVID-19 virus within three (3) weeks after using the Companys facilities and/or Coaching Services. Client hereby expressly authorizes the Company to share such medical information with the appropriate governmental unit pursuant to any relevant statute, regulation, order, or other applicable law.
Signature: __________________________

PARENTAL CONSENT AND WAIVER

I, the undersigned parent (Parent) of the minor child identified below (Child) am entering into this Parental Consent and Waiver (Waiver) with B-Fit Lifestyle, LLC, a Maryland limited liability company (B-Fit or Company) on the date identified below (Effective Date). The Parent and the Company agree as follows:

Parent acknowledges and agrees that the Child is entering into a training session or training program with the Company, and that such training sessions or training programs may provide or involve acts of physical exertion (Training) including, but not limited to: tests of physical fitness, exercise, cardiovascular training, weightlifting training, muscle recovery, physical therapy, yoga, or stretching.

Parent acknowledges that Training may cause or lead to physical injury (Injury) to the Child including, but not limited to: soreness, bruising, aching, stiffness, pain, shortness of breath, increased heart rate, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, or death.

Parent expressly assumes the risk of the Childs Injury during Training and agrees to waive any and all claims it may have against the Company for, or in any way related to, the Child's Injury, regardless of severity, unless such Injury is deemed by a Court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of the Company or any of its Coaches.

Parent acknowledges that Childs behavior is subject at all times to the rules and regulations of the Company or any of the Companys trainers, instructors, employees or otherwise. Parent further acknowledges that such rules and regulations are for the purpose of the safety of the Child, the Company, and the Companys employees and agents and that Childs violation of any such rules or regulations may result in the immediate termination of Childs use of the Companys equipment or space, as determined by the Company in its absolute and sole discretion. Any Company representative who is working with the Child during Training or any other activity at Company may impose additional restrictions and/or rules of the Childs conduct during such Training or activity.

Parent agrees that Parent will be present with the Child at any time the Child is at the Company, whether or not the Child is actively engaged in Training. Parent agrees that Parent shall never leave the Child alone at the Company or with the Companys employees or agents for any reason whatsoever and, in the event Parent does leave Child alone at Company in violation of this Waiver, Company assumes no responsibility whatsoever for Childs care, wellbeing and/or safety and, in such event, Parent shall waive and release any such claim it may have against Company for any harm and/or safety concern that Child experiences while Parent is not present with Child at Company.

I, the undersigned Parent, on behalf of my minor-aged Child named below, have thoroughly read the above Parental Consent and Waiver, have understood its terms, and agree to be bound by the terms and conditions therein.

Childs Name: ___________________________ Childs Birth Date: __________, ___, ______

Childs Signature: ________________________

Parents Name: ______________________________

Parents Signature: ____________________________ Date: __________, ___, ______