Terms of Service
Here is our fulfillment policy as outlined in the Fitness Services Agreement that new clients sign before starting:
Parties
This Fitness Services Agreement (hereby know as “Agreement”) describes the terms and conditions that apply to the Fitness Services that I am purchasing, as summarized in this Agreement. This agreement is entered into by you, the client (hereby known as “Client”) and OMNIFUNCTION, LLC (hereby known as “OMNIFUNCTION”). This agreement is effective on the date that OMNIFUNCTION performs my first Fitness Service. I acknowledge that this agreement includes a class action waiver resolution of disputes by arbitration instead of in court, as described herein, and I may not upgrade or exchange my Fitness Services for any other product or service provided by OMNIFUNCTION.
Fitness Services
I agree that I am purchasing the right to use the number and type of Fitness Services indicated herein, before the end of the Redemption Period of one year. I acknowledge that I am not entitled to receive any additional or different Fitness Services other than those specified herein. The Fitness Services have no cash value and are not redeemable or useable for cash except as required by law, and that I will not receive a refund or exchange of any Fitness Services that I have a right to use but do not use for any reason, subject to the below Cancellation and Redemption Policies. My Fitness Services are unique to me, and I agree that I cannot sell or otherwise transfer my Fitness Services to another person.
Recurring Payments
For Recurring Payments or Electronic Funds Transfers (hereby KNOWN AS “EFT”), I agree to pay my Fitness Service Fees of $___ USD (plus applicable taxes) on a recurring basis beginning this month and continuing on a month-to-month basis until I cancel. I authorize OMNIFUNCTION, LLC. (Hereby known as “OMNIFUNCTION”). I authorize OMNIFUNCTION and its payment processing service to withdraw and process to withdraw or process payment for Fitness Services or other fees associated with my Fitness Services, including late, invalid payment, or administrative or service fees. From the financial account designated, or as may later be updated by My Payment Method. In order to cancel or withdraw my Payment Authorization, for Recurring Payments and EFT, I agree to follow the Cancellation and Refund Policies in this agreement.
Payment-Related Terms
I am an account holder and have actual authority to use any financial account designated as My Payment Method. I will promptly update financial account information in the event that it changes, and understand that disruptions due to changes such as an expired or reissued account. I agree that OMNIFUNCTION may resubmit declined or invalid transactions, without notice to me. If I fail to pay in a timely manner any amount due, I may be assessed a late fee up to $30 or as permitted by Tennessee law, whichever is less. I agree to pay all collection costs incurred by OMNIFUNCTION, including attorney or other collection fees. In the event that I am due a refund in accordance with the below Cancellation, Redemption and Refund Policies, I authorize OMNIFUNCTION to refund the financial amount designated to the account listed as as my Payment Method.
Virtual Package
With this package I receive customized exercise programs created by a certified Fitness Professional. Exercise programs and communication are delivered through a mobile app and requires data and cellular phone accessibility. Exercise programs vary in length and frequency depending on my needs. I understand I am not getting in-person or tech-assisted 1:1 personal training and will not be receiving any 1:1 training.
Initial Cancellation Period
Account in Good Standing: As a condition to being eligible to redeem a Fitness Service, I agree that my account with OMNIFUNCTION must be in good standing, without any balances owed due to missed, declined or invalid payments.
One-on-One Session: If I cannot attend a scheduled session, I will provide my OMNIFUNCTION fitness professional a 24-hour notice. I understand that if I do not attend a scheduled session, I will be considered as having used it. If a session is cancelled by OMNIFUNCTION or one of its representatives, I will not be considered to have used that session, and it will be available to redeem on a later date. OMNIFUNCTION reserves the right to cancel one-on-one sessions for any reason. One-on-one sessions expire in one year.
Fitness Professionals: OMNIFUNCTION reserves the right to substitute coaches, trainers, instructor or other fitness professionals as necessary in order to perform your Fitness Service.
Notice Method
I may cancel this agreement by providing written notice through a verified email address or through the mobile app (“Notice Method”). If I cancel this agreement during the initial cancellation period, I will receive a refund of any payments I have made for Fitness Services under this agreement.
Cancellation of Fitness Services After Initial Cancellation Period
I may terminate this Agreement after my Initial Cancellation Period only as follows: For Fitness Services purchased on a month-to-month basis by Recurring Payments (EFT), I may cancel this Agreement by providing thirty (30) days advance written notice through any Notice Method listed above. Cancellation will be effective 30 days following the date of notice (e.g., written notice received by OMNIFUNCTION on January 15 will terminate February 14). For Fitness Services purchased other than by Recurring Payments, including prepayment in full or Scheduled Payments, I may cancel this Agreement only for the specific causes provided in the State Law Provisions below, which may include my death, disability and/or relocation. Any amounts I have paid will be pro-rated to the effective cancellation date.
Redemption Policies
Account in Good Standing: As a condition to being eligible to redeem a Fitness Service, I agree that my account with OMNIFUNCTION must be in good standing, without any balances owed due to missed, declined or invalid payments.
One-on-One Session: If I cannot attend a scheduled session, I will provide my OMNIFUNCTION fitness professional a 24-hour notice. I understand that if I do not attend a scheduled session, I will be considered as having used it. If a session is cancelled by OMNIFUNCTION or one of its representatives, I will not be considered to have used that session, and it will be available to redeem on a later date. OMNIFUNCTION reserves the right to cancel one-on-one sessions for any reason. One-on-one sessions expire in one year.
Fitness Professionals: OMNIFUNCTION reserves the right to substitute coaches, trainers, instructor or other fitness professionals as necessary in order to perform your Fitness Service.