WAIVER OF LIABILITY AND PHOTO RELEASE

This RELEASE is for services (both in person and provided virtually online) and events with Harambee Wellness, LLC (hereinafter, “Service Provider”).

By engaging in activities offered by the service provider, whether at a brick and mortar facility or digitally via virtual streaming service, you agree to the following:

1. The Service Provider is not a medical professional and is without expertise to diagnose medical conditions or impairments. Participant agrees to promptly and fully disclose to Instructor any injury, condition or impairment which may have a harmful effect on or be impacted by this program and the Instructor’s decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the Participant shall be conclusive.

2. Participant certifies that:

a) He/she is physically capable of participating in a strength, flexibility and/or aerobic exercise program and using the equipment associated with such activity; and
b) he/she is over the age of eighteen (18) (If not over 18 years of age, parent or guardian must sign.); and
c) he/she has either (i) had a physical examination and been given a physician’s permission to participate in this form of physical activity; or (ii) decided to participate in this program without the approval of a physician.

3. This fitness program will involve physical activity and, as appropriate, use of certain equipment and machinery. Such activities may present a risk of injury or even death. Participant voluntarily agrees to participate in this program and to assume all risk of personal injury, death and property damage resulting from such activities, use of equipment, machinery or public or private facilities.

4. Participant agrees on behalf of him/herself and his/her personal representatives or heirs to release and discharge both the Facility and the Instructor, its agents, representatives, successors, and assigns from any and all claims or causes of actions (known and unknown) arising out of participating in this fitness program including without limitation injury, death, loss, theft, or damage.

5. Participant agrees that any pictures, audio, or visual recordings taken of him/her in connection with the activities can be used for publication, promotion, articles,shows and advertisement without additional consent and without compensation at this time or any other time.


RESERVATION POLICY

Effective May 1, 2020, participants must reserve their spot online for a given session time.

Personal Training

    • Appointments must be booked at least 24 hours in advance
    • Reservations may be cancelled up to 12 hours prior to session start time.  If you know you will not make it to your reserved appointment time, please cancel your reservation online by logging into your account.

Small Group Personal Training

    • Class Registration closes 1 hour prior to class start time
    • Reservations may be cancelled up to 30 mins prior to class start time.  If you know you will not make it to the class time reserved, please cancel your reservation online.

Group Fitness

    • Class Registration closes 1 hour prior to class start time (24 Hours prior for Personal Training appointments)
    • Reservations may be cancelled up to 30 mins prior to class start time.  If you know you will not make it to the class time reserved, please cancel your reservation online.

For all Reservation types:

    • In the event of a “no-show” for a reservation without proper cancellation, the client forfeits right to a refund and the missed session will be deducted from the client’s remaining number of sessions available, if applicable.
    • In general, there is a 15 minute grace period for each session.  In the event no one is present at the start of the time slot, the trainer will only wait 15 minutes past the scheduled session time.

PACKAGES AND MEMBERSHIP SUBSCRIPTIONS

Membership Agreement (the “Agreement”) is made between Harambee Wellness, LLC (“Service Provider”) and purchaser ("Member"). The Agreement is entered upon on the date of purchase. In this Agreement, the terms “you” and “your” refer to the Member.  A Fitness Training Session (“Session”) is a time period in which a trainer and/or fitness instructor provides the Member a tailored exercise program that takes into account that Member’s fitness objectives, level, and restrictions (if applicable).


Membership Summary

  • Membership benefits are exclusive to member and is not transferable to anyone else.
  • Membership fees are to be paid in advance of service.
  • Recurring Subscription Memberships are prorated for the first of the month. Regular monthly dues apply thereafter with payments made the first day of each month.
  • Reoccurring Subscription Membership dues are to be paid monthly by automatic electronic funds transfer (ETF).
  • For Subscription Memberships, written notice of 30 days must be given to assure cancellation and are subject to a cancellation fee of $200.00.

Right to Modify DuesIf you elect not to enroll in an auto-pay term membership and pay on a month-to-month basis, Harambee Wellness, LLC reserves the right increase dues at any time.

Membership Terms

Member agrees to maintain membership and pay the dues as stated herein regardless of usage or any change of circumstance.  Failure to attend Session(s) does not relieve member of the obligation to pay the membership fees.

Member authorizes Harambee Wellness to collect membership dues by automatic electronic funds transfer (ETF) from the bank account, credit card, or debit card account specified. This authorization is to remain in effect until the specified membership agreement term ends.

EFT Authorization

I hereby agree that if {Harambee Wellness, is unable to process my payment (i.e. payment method declined) from the designated account provided by me, Harambee Wellness is permitted to use any of the other account information provided to collect payments.

Membership Qualifications

  • Members must be 14 years of age or older. Parent/Guardian consent required for persons under 18 years of age.
  • Guests/Visitors under the age of 10 are not allowed.
  • Children between 10 and 14 may participate on a case-by-case basis in regular classes, if the parent or legal guardian is present. Harambee Wellness, LLC will be the sole determiner if a child between the ages of 10 and 14 may participate in regular Sessions. This determination will take into account the following and other factors: physical and emotional maturity, physical ability to safely perform exercises, and ability to follow instructions.

Member Responsibilities

Member acknowledges and agrees that

(i)      there are risks associated with any strenuous athletic or physical activity, the use of exercise equipment, and participation in an exercise program;

(ii)     use of the Facility and exercise equipment is undertaken by you voluntarily; and

(iii)   such use may include the risk of serious bodily injury or death.

Lost Articles - You are urged to not bring any valuables in the Facility where the Session is held. You agree that Harambee Wellness, LLC will not be liable for the loss or theft of, or damage to, your personal property.

Smoking, Alcohol, Food and Drink - No smoking is allowed in any part of the facility. Food or drink may be taken into the Facility, if it is in a non-breakable, enclosed container. No alcohol is permitted anywhere on the premises.

Damages - Members shall pay for any damages to the Facility property which results from the willful or negligent conduct of member, member’s guest or dependent children.

Rights to Cancellation

No refunds shall be made for membership, except as specifically provided in the Agreement.  All subscription membership cancellations are subject to a cancellation fee equal to $200.

Member must provide written notice of cancellation at least thirty (30) days in advance of the next billing date, either by certified mail to the address below, hand-delivery to a representative of Harambee Wellness, LLC, or by electronic means (i.e., email).

Mailing Address:

P.O. Box 13101
Flint, MI 48501

If a member cancels on or after the 2nd of any month, then a payment will still be due the following month on the 1st. 

Client's Additional Rights to Cancellation:

  1. Three-Day Right of Recension- New members have three (3) days after signing this Agreement to cancel their membership without penalty. To cancel, new members must inform Harambee Wellness, LLC in writing of their intent to cancel. Written intent to cancel can be delivered either by certified mail, hand-delivery to a representative of Harambee Wellness, LLC, e-mailed to Thrive@HarambeeWellness.com.
  2. You or your estate may also cancel this Agreement for any of the following reasons:

(i)    if upon providing a doctor's written order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months; or

(ii)  in case of your death;

Harambee Wellness has ten (10) days after receipt of written cancellation notice to process refund.

Miscellaneous

In addition to any rights and remedies it may otherwise have, Harambee Wellness may terminate this Agreement upon ten days' written notice to me if I fail to comply with my obligations under this Agreement and do not rectify any such failure within ten days after receiving notice of such failure.

I confirm that the provisions in this Agreement along with the Waiver and Release of Liability Form and Harambee Training Policy constitute the entire agreement between the parties hereto and supersede all prior communications, proposals, representations and agreements, whether oral or written with respect to the subject matter of this Agreement.


PRIVACY POLICY

Harambee Wellness is committed to protecting your personal privacy. We make every effort to ensure that the information you share with us is recorded accurately, retained securely and used only according to your wishes. We collect personal details necessary to communicate with you, and manage our ongoing business relationship with you.  By providing your information, you agree to be contacted by Harambee Wellness about health resources, promotions, product/service offerings.


GIFT CARDS

Purchase of gift card constitutes acceptance of these terms: Redeemable at Harambee Wellness for goods and services not exceeding the remaining credit balance on this card. Treat the card as cash; if it is lost or stolen, it will not be replaced. Valid for one (1) year from the date of issue. For gift card balance, terms and expiration date, present this card to Harambee Wellness. The gift card is property of the issuer.