This Athletic Training and Development Services Agreement (this “Agreement”) is made by and between Tom Nelson Training, LLC, an Illinois limited liability company, and its respective successors and assigns (collectively, “TNT”), and you, the undersigned Athlete (“you,” “your,” or the “Athlete” and together with TNT, the “Parties”) as of the date signed by the Athlete, or their parent or legal guardian, below.
WHEREAS, TNT and the Client wish to enter into this Agreement on the terms provided herein.
NOW, THEREFORE, in consideration of the promises and of the covenants and agreements set forth in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Athletic Coaching Program and Term.
a. TNT, through its respective coaches, managers, members, agents, contractors, and
employees, shall provide athletic training and development services (the “Training Services”) to the Athlete at 412 E. Business Center Drive, Mount Prospect, Illinois 60056, or at such other location(s) as TNT may determine from to time (the “Facility”). The Training Services includes the services and training as listed in the “Athlete Development” membership program chosen by Athlete on TNT’s website (the “Membership”). The Membership shall begin on the first day immediately following the Athlete’s first payment towards the total fee for the Membership option chosen by Athlete (the “Membership Fee”) on which TNT is open (the “Membership Start Date”) and shall end on the last day that TNT is open (i) 12 weeks from the Membership Start Date for a One Season Membership, (ii) 24 weeks from the Membership Start Date for a Two Seasons Membership; or (iii) 52 weeks from the Membership Start Date for a Full Year Membership (the “Term”), unless otherwise extended or earlier terminated by either of the Parties as set forth in this Agreement.
2. Membership Fee, Payment and Freezing.
a. Membership Fee. The amount of the Membership Fee shall be as set forth on the Site
for the particular Membership chosen by Athlete. Athlete understands that the Membership shall not commence until Athlete completes the Billing Information form on the Site and the first payment towards the Membership Fee is paid.
b. Freezing. Athlete may, upon obtaining TNT’s written consent, freeze Athlete’s Membership (a “Membership Freeze”) in 1 week increments for a total of up to 4 weeks in the aggregate per year. For each week of the Membership Freeze, Athlete shall receive an additional week at the end of Athlete’s Membership Term. During a Membership Freeze, Athlete will pay to TNT an administrative fee of $25 per week. Athlete’s Membership shall resume at the earlier of (i) the end of the week in which Athlete provides TNT with written notice of Athlete’s desire to end the Membership Freeze, or (ii) immediately upon Athlete reaching the maximum number of weeks permitted for a Membership Freeze for the year.
3. Booking Classes and Training Services.
a. Athlete Account. In order to access and make use of Athlete’s Membership and the Training Services, including but not limited to booking for any Training Services classes or use of TNT’s equipment, Athlete shall create an account using an email address and password through the Site.
b. Booking Procedure. All Training Services classes or equipment must be booked by Athlete through the Site or by contacting TNT at least 24 hours in advance of Athlete’s participation in such class or use of such equipment. No bookings are confirmed or official until Athlete receives a message from TNT confirming the booking via the Site or email.
c. Training Services. The availability of Training Services shall be as set forth on the Site and are subject to change based on TNT’s staff’s availability. Booking Training Services shall be on a first-come, first-served basis.
d. Cancellation. Athlete may cancel any bookings via the Site or by calling TNT to cancel. For the cancellation of any running class, Athlete will be charged a $20 administrative fee. If Athlete fails to cancel a booking in accordance with the above, or repeatedly cancels bookings, Athlete will receive a warning from TNT. If Athlete’s behavior continues unchanged, TNT reserves the right to limit the number of bookings Athlete is entitled to make.
4. General Membership Terms. Athlete agrees and acknowledges that during the Term of this Agreement:
a. All Training Services or any part of a specifically tailored training plan is subject to the availability of the Facility and the appropriate TNT personnel being able to conduct screening and performance testing processes on Athlete, as TNT determines is necessary. Athlete may be refused access to the Facility and Training Services if Athlete fails to fulfill any of the above requirements.
b. TNT reserves the right to make changes to this Agreement, including the availability, timing or frequency of any Training Services classes and support as well as changes to the Training Services included in Athlete’s Membership. TNT shall provide Athlete with 30 days’ prior written notice of any such changes. Upon receipt of TNT’s written notice, if such changes are not satisfactory to Athlete, then Athlete may work with TNT to remedy Athlete’s concerns or Athlete may terminate this Agreement pursuant to Section 7(b)(i) hereof.
5. Athlete Code of Conduct. Athlete, during the Term of this Agreement and at all times Athlete has a Membership, agrees to abide by TNT’s code of conduct (the “Code of Conduct”), which is as follows:
a. Observe all Facility-related rules and conditions communicated by TNT;
b. Do not use the Facility for commercial or business-related activities;
c. Do not cause disruption to any other persons at the Facilities or engaging in Training
Services;
d. Sign in at the reception desk upon arrival at the Facility and prior to engaging in any
Training Services;
e. Refuse entry to non-members into the Facility and report any non-members observed
at the Facilities to TNT personnel;
f. Do not use the Facility or engage in any Training Services while under the influence of
alcohol or other drugs for which Athlete does not have a prescription;
g. Do not engage in reckless or negligent behavior, or any behavior that in TNT’s reasonable judgment creates a risk of injury to Athlete or any other person at the Facility or engaging in the Training Services;
h. Treat all TNT personnel and fellow members with respect at all times;
i. Leave any and all equipment and the Facility in the same position and condition in
which it was found;
j. Keep any and all valuable personal items in a safe and secure place;
k. Wear closed-toe shoes and appropriate clothing at all times when participating in the
Training Services;
l. Cooperate with TNT and provide TNT with information and instructions that are
reasonably necessary to enable TNT to provide the Training Services as TNT may
reasonable request from Athlete from time to time;
m. Athlete will remain solely responsible for any and all activities undertaken by Athlete
during the Membership; and
n. Athlete will immediately report to TNT any unusual significant hazard observed during
the Training Services, the Membership or at the Facility.
6. Payment.
a. By completing the Billing Information form on the Site, Athlete authorizes TNT to
charge Athlete’s credit or debit card for payments of the Membership Fee and understands that Athlete’s information will be saved on file for future transactions on Athlete’s account.
b. Athlete understands that (i) payments towards the Membership Fee will be deducted automatically via Stripe from the credit or debit card Athlete puts on file with TNT through the Site; (ii) Athlete is committing to weekly automatic payments for each week during the Term, unless Athlete has chosen the option to pay the entire Membership Fee upfront for a 52 Week Membership; (iii) Athlete will be responsible to TNT for payment of any and all costs incurred by TNT or its third-party payment provider in connection with any overdue or late payments by Athlete under this Agreement; and (iv) cancelling Athlete’s Membership outside of the forty-eight (48) hour window immediately following Athlete’s payment of the Membership Fee (the “Initial Refund Window”) shall be treated as a termination of this Agreement by Athlete pursuant to Section 7(b)(i) hereof.
c. TNT reserves the right to change its third-party payment systems at any time during the Term of this Agreement. If TNT changes its third-party payment system, Athlete agrees, as soon as practicable, to complete and deliver a new Billing Information form through the
Sited.. If Athlete does not pay any amounts due within 14 days of the original due date of such amounts, TNT may, in its sole discretion: (i) charge Athlete interest on any such amounts at a rate of 15% per annum, calculated daily and compounded monthly (in no event, however, shall any late charges exceed the highest rate permitted by law); and (ii) immediately cease providing any of the Training Services or other Membership benefits to the Athlete, including but not limited to restricting Athlete’s access to the Facility.
e. TNT shall have the right to engage debt collection services for the collection of any unpaid and undisputed amounts due from Athlete to TNT in connection with this Agreement, including but no limited to any fees incurred by TNT for the engagement of such debt collection services. TNT shall also have the right to commence legal proceedings for any outstanding amounts owed by Athlete to TNT in connection with this Agreement.
7. Initial Refund Window and Termination.
a. Initial Refund Window. During the Initial Refund Window, Athlete and TNT shall
each have the option of terminating the Membership whereby (i) except as otherwise set forth in this Agreement, Athlete and TNT will be no longer be subject to any obligations or liabilities under this Agreement; and (ii) Athlete will be entitled to a refund of the full amount of the Membership Fee paid to date less an administrative fee of $70 (the “Administrative Fee”) and the costs of any of the Training Services used by Athlete during the Initial Refund Window. Notwithstanding the foregoing, if TNT terminates the Membership during the Initial Refund Window, the Administrative Fee will be waived.
b. Termination.
i. By Athlete With No Default. Athlete may terminate the Membership at any time
after the Initial Refund Window by providing TNT with written notice of such termination. Upon termination, Athlete will not be entitled to a refund of the Membership Fee and will remain responsible for the payment any of the outstanding remaining Membership Fee in connection with Athlete’s Membership during the Term. Notwithstanding the foregoing, if Athlete terminates the Membership due to a recognized medical condition or injury, then upon TNT’s recent of sufficient evidence (as determined by TNT, in its sole discretion) of such medical condition or injury, Athlete will be entitled to a refund of the Membership Fee for the Term, subject to the following deductions: (i) the Administrative Fee; and (ii) prorated Membership Fee based on TNT’s costs associated with Athlete’s use of the Membership and Training Services Membership during the Term.
ii. By Athlete Upon Default. If TNT receives written notice from Athlete that TNT has committed a material breach of this Agreement and TNT fails to cure such material breach within 14 days of receipt of such written notice, then Athlete may terminate the Membership and will be entitled to a refund of the Membership Fee less a prorated Membership Fee based on TNT’s costs associated with Athlete’s use of the Membership and Training Services Membership during the Term.
iii. By TNT. TNT may terminate Athlete’s Membership immediately upon written notice to Athlete upon the Athlete’s (1) breach of any of the terms of this Agreement, including but not limited to Athlete’s violation of the Code of Conduct; (2) acting in a manner that is deemed dangerous or abusive to any person while using the Membership, the Training Services or while at the Facility; or (3) failure to pay the any amount of the Membership Fee within 7 days of the date on which such payment was initially due. If Athlete’s Membership is terminated pursuant to this Section 7(b)(iii)(2), then in addition to Athlete forfeiting the entire Membership Fee for Athlete’s Membership, Athlete shall be responsible hereby agrees to reimburse TNT for any reasonable costs and expenses incurred by TNT in connection with the termination of Athlete’s Membership.
8. Privacy Policy. Please read TNT’s Privacy Policy carefully to understand how TNT collects, uses and discloses identifiable information from its Athletes. By signing this Agreement, Athlete consents to all actions that TNT takes with respect to Athlete’s data consistent with TNT’s Privacy Policy.
9. Publications and Advertisement. Athlete agrees that, in connection with the Membership or TNT’s provision of the Training Services to Athlete, TNT may advertise or publicize such information, including but not limited to Athlete’s name and image, on TNT’s website, social media accounts and any and all other promotional material of TNT.
10. Assumption of Risk.
a. Athlete assumes all risks which are foreseeable and involved with or may arise out of
his or her voluntary participation in the Training Services and the Membership, using TNT’s equipment and TNT’s Facility, including but no limited to, the negligent or willful and wanton acts of others, criminal or intentional acts of others, the omission of an act of another, a defect or condition of the Facility or the unavailability of emergency care. This does not apply to any liability that TNT cannot disclaim or otherwise limit according to applicable law.
b. Athlete understands that the Training Services and the Membership can involve activities that include, amongst other things, strength training, intense cardiovascular activities and flexibility training, if Athlete performs these activities incorrectly, it can lead to injury.
c. Athlete acknowledges that there are risks involved in participating in the Training Services and the Membership, which include but are not limited to, those cause by the Facility, temperature, weather, terrain, poor nutrition, lack of hydration, Athlete’s physical condition, equipment and actions of other people including, but not limited to, participants or volunteers. The Training Services and Membership require that Athlete be in good health and have no condition that could endanger Athlete’s wellbeing through participation.
11. Hold Harmless. In consideration of being allowed to participate in the Training Services and the Membership, Athlete, for Athlete and on behalf of Athlete’s heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS TNT, and its employees, contractors and agents, sponsoring agencies, sponsors, advertisers, and if applicable, the owners and lessors of the Facility (the “Releasees”), WITH RESPECT TO ANY AND ALL LIABILITY LOSS, COST, CLAIM AND DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE (except if caused by the willful or gross negligent actions of TNT) to the fullest extent permitted by law.
12. COMMUNICABLE DISEASE AND COVD-19. Athlete acknowledges and understands that Athlete’s participation in the Training Services and Membership includes possible exposure to and illness from infectious diseases, including, but not limited to MRSA, influenza and COVID- 19. While particular rules set forth by TNT and personal discipline may reduce this risk, the risk of serious illness and death does exist. Athletes knowingly and freely assumes all such risks, both known and unknown, and assume full responsibility for Athlete’s participation in the Training Services. Athlete agrees to comply with the stated and customary terms and conditions for participation regarding protection from infectious diseases.
13. Notice and Contact Information. Any notice required to be given under this contract shall be given to the Parties using the following information:
If to Client: at the email address provided to TNT through the Online Portal.
If to TNT:
info@tntignite.com.
14.Entire Agreement; Severability. This Agreement constitutes the Parties’ entire understanding of the terms set forth in this document, and supersedes any prior understanding of the same terms, whether oral or written. If any of the terms in this Agreement are found illegal or otherwise unenforceable, then such term(s) will be severed, and the balance of the Agreement will continue in full force and effect.
15. Governing Law. This Agreement shall be subject to and governed by the laws of the State of Illinois.
16. Attorneys’ Fees. If any party retains an attorney for the enforcement of any of the provisions hereunder, the prevailing party in any action shall be entitled to recover from the other party reasonable attorneys’ fees, expenses and court costs, whether said amounts are incurred for the purpose of negotiation, arbitration, trial, appellate or other legal services. The term “Prevailing Party” shall mean that party whose position is substantially upheld in a final judgment rendered, or, if the final judgment is appealed, that party whose position is substantially upheld by the decision of the final appellate body.
17. Counterparts. This Agreement may be executed in counterparts, and it is not necessary that signatures of each party appear on the same counterpart, but such counterparts together will constitute a single binding agreement by and between the Parties. Counterparts may be executed by hand or any electronic or digital signature. Executed counterparts may be delivered via facsimile, electronic mail or other similar method, and any executed counterpart so delivered shall be valid and effective for all purposes. No party shall raise the use of any electronic signature, or the use of a facsimile machine, electronic mail or other similar transmission method as a means to deliver a signature to this Agreement or any amendment hereto as a defense to the formation or enforceability of a contract and each Party forever waives any such defense.
18. Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or any breach of any other provision of this Agreement. The failure of a party to enforce any term or condition of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the rights thereafter to enforce such term or any other term of this Agreement. Any waiver must be in writing, signed by the waiving party, and be clearly designated as a waiver to a specific provision(s) of this Agreement.
19. Assignment. This Agreement nor Athlete’s Membership is not assignable without the written consent of TNT. TNT may, without Athlete’s consent, assign or transfer its rights or obligations under this Agreement, however, TNT will provide Athlete with notice of such assignment.
20. Force Majeure. Neither party shall be deemed in default of this Agreement or responsible for any resulting loss if the fulfillment of any of the terms or provisions of this Agreement are
delayed or prevented (including partially) by any act by any governmental authority, act of war, terrorism or threat of terrorism, natural disaster, epidemic, pandemic, strike, labor dispute, boycott, embargo, shortage of raw materials, unavailability or excessive costs of transportation, riot, lockout and civil commotion or by any cause not within the reasonable control of the party whose performance is interfered with, which by the exercise of reasonable diligence such party is unable to prevent, whether of the class of causes enumerated above or not. Upon occurrence of a force majeure event, the non-performing party shall notify the other party that a force majeure event has occurred and its anticipated effect on performance, including its expected duration. The non-performing party shall use reasonable diligence to resume performance. Upon receipt of such notice and continuing until the non-performing party resumes performance, the party receiving such notice may terminate this Agreement by notice to the non-performing party, in which event this Agreement shall be null and void.
