Effective date: November 28, 2018
New Persona (“us”, “we”, or “our”) operates the www.newpersona.info website (the “Service”).
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
New Persona uses the collected data for various purposes:
- To provide and maintain the Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer care and support
- To provide analysis or valuable information so that we can improve the Service
- To monitor the usage of the Service
- To detect, prevent and address technical issues
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Canada and choose to provide information to us, please note that we transfer the data, including Personal Data, to Canada and process it there.
Disclosure Of Data
New Persona may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of New Persona
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Training Program Service Agreement & Release Of Liability
This Training Program Service Agreement and Release of Liability (the “Agreement”) is between New Persona and you, the Buyer (individually, as the agent(s) or guardian(s) of the Client(s), or you the Client if you are of 18 years of age). It is agreed by and between New Persona and Buyer that Buyer is purchasing, for the benefit of the Client, Training Services, from Force Fitness and Performance according to the terms on the front and reverse side of this agreement.
Late Charge – If your payment is more than ten (10) days late, you will be charged a late charge of twenty dollars ($20.00) per payment. Prepayment – there is no prepayment charge applicable to this Agreement. See the Agreement for any additional information regarding non-payment, default, and penalties. All Paid in Full Memberships are NON-Refundable! NO Exceptions
PAYMENT SCHEDULE: All membership payment will be made on the set date transaction date post or prior pending calendar circumstance. All personal training transaction are to be completed upon purchase and continued as per set membership schedule.
Note of Autorenewal: I understand that unless I submit a notice of written cancellation within 15 days of the last scheduled E.F.T. payment as described in the “Payment Schedule” section above, this contract will automatically convert to a month-to month agreement, whereby I will continue to purchase my original workout sessions per month for the agreed monthly payment as indicated in the “Program Fees” section above. I understand that, except as allowed by this contract or applicable law, this agreement is non-cancelable during the initial term, but that, upon conversion to a month-to-month agreement, the agreement may be cancelled at any time by submitting a 15-day written notice of cancellation to email@example.com indicated in this contract. If a cancellation is requested prior to the end of the initial term a $300 cancellation fee will be charged to the Buyer.
This authority is to remain in full force and effect until New Persona and DEPOSITORY have received written notification from me (or either of us) of its termination in such time and in such manner as to afford New Persona and DEPOSITORY a reasonable opportunity to act on it, or until all payments due under the contract have been made.
IMPORTANT NOTE: Buyer on his or her behalf, or as agent or guardian for a client identified above who will use the Training Program services purchased under this agreement (as used herein, in individually and collectively, “buyer”), signing and agreeing to partake in the Training Program, and release New Persona from liability due to participation. Buyer is urged to have this release agreement reviewed by an attorney before signing.
By signing this Agreement, Buyer acknowledges that Buyer has read, understood and agreed with all terms and conditions of this agreement, which includes the E.F.T. Request and Authorization, the Release and Waiver of Liability, and all Additional Terms and Provisions located on the front and reverse side of the Agreement. This agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Buyer and New Persona, New Persona has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Buyer to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement.
Notice to Customer: You may cancel this agreement any time before midnight of the third business day after the date of this agreement. To cancel this agreement, you must notify the seller in writing or via email at firstname.lastname@example.org no later than midnight of three business days. New Persona reserves all rights to terminate this agreement with or without reason.
ADDITIONAL TERMS AND PROVISIONS
Notice: ALL NOTICES TO NEW PERSONA HEREUNDER SHALL BE EMAILED TO COACHES@NEWPERSONA.INFO
BUYER’S ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF NEW PERSONA:
BUYER ACKNOWLEDGES THAT TRAINING PROGRAMS PURCHASED HEREUNDER INCLUDE PARTICIPATION IN STRENUOUS PHYSICAL ACTIVITIES, INCLUDING BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE-STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEAT PROSTRATION, KNEE/LOWER BACK/FOOT INJURIES AND OTHER ILLNESSES, SORENESS, OR INJURY HOWEVER CAUSED, OCCURRING DURING OR AFTER CLIENT’S PARTICIPATION IN THE PHYSICAL ACTIVITIES. BUYER FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A BUYER, SLIP AND FALL BY CLIENT, OR AN UNKNOWN HEALTH PROBLEM OF CLIENT.
BUYER AND CLIENT AGREE TO ASSUME ALL RISK AND RESPONSIBILITY INVOLVED WITH PARTICIPATION IN THE PHYSICAL ACTIVITIES. BUYER AND CLIENT AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION, AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICAL ACTIVITIES. BUYER AND CLEINT ACKNOWLEDGE PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND BUYER AND CLIENT AGREE THAT IT IS THE RESPONSIBILITY OF BUYER AND CLIENT TO SEEK COMPETENT MEDICAL OR OTHER PROFESSIONAL ADVICE, REGARDING ANY CONCERNS OR QUESTIONS INVOLVED WITH THE ABILITY OF CLIENT TO TAKE PART IN NEW PERSONA PHYSICAL ACTIVITIES BY SIGNING THIS AGREEMENT. BUYER AND CLIENT ASSERT THAT CLIENT IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES. BUYER AND CLIENT AGREE TO ASSUME ALL RISK AND RESPONSIBILITY FOR NOT EXCEEDING HIS/HER PHYSICAL LIMITS.
BUYER AND CLIENT, ON BEHALF OF CLIENT, HIS/HER HEIRS, ASSIGNS NEXT OF KIN, AGREES TO FULLY RELEASE NEW PERSONA (AS WELL AS ANY OF ITS OWNERS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS) FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LITIGATION RESULTING FROM TRAINING PROGRAMS AND THE PHYSICAL ACTIVITIES, EVEN IF CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACTS OR OMISSIONS AND/OR ANY OTHER TYPE OF FAULT OF NEW PERSONA IT’S OWNERS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS.
THE PARTIES AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT IN CONSIDERATION FOR THE MUTUAL PROMISES AND BENEFITS TO BE REVIVED BY THEM, THE ADEQUACY AND SUFFICIENCY OF WHICH THEY ACKNOWLEDGE.
TRAINING PROGRAM SERVICES: The services being requested are Training programs, scheduled for approximately 60 minutes each, unless otherwise specified in this agreement. NEW PERSONA will make every attempt to provide the best service possible, acknowledging client requests (such as trainer gender, age, appointment time, etc.) but will not be held liable, or otherwise does not affect the terms of this agreement, in the event these requests cannot be met NEW PERSONA must not delay performance of services in excess of six months from the date the agreement is entered into.
SESSION SCHEDULING AND CANCELLATIONS: All appointment cancellations must to be made twenty-four (24) hours prior to the scheduled appointment time to not be considered a “no show.” In the event the client “no shows” for their scheduled session, the client will be charged for that session. Sessions are filled on a first come first serve basis. Weekly Workout Sessions are not allowed to be rescheduled during a different time. Arriving for appointments on time is required! Buyer will not be allowed to train if they are more than 15 minutes late for their scheduled time.
MONTHLY SESSION USAGE: All Training program sessions, of any number of sessions purchased, must be completed by client within one (1) month of the payment date. If sessions extend beyond the above state prior, then the remaining sessions of the agreement are considered to have lapsed and will immediately discontinue. Failure to use the services does not relieve the Buyer or the Client of their obligations, (regardless of circumstances), to pay fees, late charges and other monies due under this Agreement in full. The completion date will be extended when a signed doctor’s note received stating a medical reason, which prevents a training session program to be completed within the normal allotted time period.
CANCELLATION OF AGREEMENT: All agreements are binding for the full initial term of the contract and may only be cancelled under doctor’s orders complete with a signed notice or relocation of the buyer more than 30 miles from the facility location. Members cancelling an agreement for any other reason will be charged a $300 cancellation fee.
CHANGING MEMBERSHIP: The Buyer will be allowed to change their membership to a different level of service with the signing of a new membership agreement each time a change is made. Your first change of membership is free, any further changes will be assessed a $25 Change of Membership Fee.
SUSPENSION OF MEMBERSHIP: A membership can be suspended with written notice 15 days prior to the next payment date. Suspensions must be for a minimum of 4 weeks and a maximum of 6 months. The suspension must have an end date when being scheduled. No open-ended suspensions are permissible with the exception of a signed medical release. You will be charged a $30/month holding fee to retain your spot in our programs for each suspension after 3 consecutive requests in one year.
REFUNDS: No refunds shall be made for services purchased, except as specifically provided in this Agreement.
PAYMENT IN FULL: If client desires to pay in full for future services, client’s execution of this agreement hereby constitutes a written request to make such payment in full.
BUYER’S DEFAULT: Buyer and Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, New Persona shall have the rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If New Persona delays or refrains from exercising any rights under this agreement, New Persona does not waive the right to receive full and timely payments and other charges due under this agreement.
BUYER’S RIGHTS: State Law requires that we, as the Seller of this contract must;
- Deliver to you, the Buyer, all information of a personal or private nature, including but not limited to answers to test or questionnaires, photographs, evaluations, and background information, within 30 days after request there:
- Refund you, the Buyer, at least 90% of the pro-rated cost of any unused services, within 30 days after the request there, if;
- The buyer is unable to receive benefits from the seller’s services by reason of death or disability; or
- They buyer relocates more than eight (8) miles from his present location, and more than 30 miles from the seller’s facility and any substantially similar facility that will accept the seller’s obligation under the agreement and this Article; or
- The seller relocates his facility more than eight (8) miles from its present location, or the services provided by the seller are materially impaired.
- Refund to the buyer the pro-rated cost of any unused services under all agreements between the parties, within 30 days after request therefore, if the aggregate price of all agreements in force between the parties exceeds one thousand five hundred dollars ($1500.00).
SUCCESSORS AND ASSIGNS: Buyer and Client agree that all terms and conditions of the Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Buyer and Client, and anyone claiming by or through Buyer or Client.
ENFORCEABILITY: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provisions or portion of a provision shall be deemed severed from this Agreement which shall otherwise remain in full force and effect. Further, if any such provision or portion of a provision may be reduced and/or narrowed in scope or the like, such provision or portion of a provision shall be reduced, narrowed and/or the like, and so enforces. However, Buyer and Client specifically agree all the terms and conditions are to be enforced and Buyer and Client specifically waive any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the laws of Ontario. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, New Persona, Buyer, and Client agree that the venue for such court action shall exclusively be Toronto, Ontario.
ATTORNEY FEES: In any action at law or equity that is brought to enforce the terms of this agreement or dispute thereof, each party shall be responsible for its own attorney’s fees and cost and an award of such fees and costs shall not be grated in contradiction to this provision. This provision shall be construed as applicable to this entire agreement and any amendments created and properly executed hereunder.
MEDIATION AND ARBITRATION: The parties agree that should a dispute arise between them they will first submit the matter to mediation. In the event the parties cannot agree to a resolution in mediation then they agree to submit the matter to binding Arbitration to be held in Toronto, Ontario. If they are unable to resolve the dispute in mediation then the parties shall submit the dispute for final determination to the commercial division of an Arbitration Association or they may by mutual consent agree to an alternative method of dispute resolution. The parties agree that rights and responsibilities under this agreement are individual in nature and they will not attempt to be a part of or join in any class related to this license agreement.
ACKNOWLEDGEMENT: New Persona is independently owned and operated.
- By email: email@example.com
- By visiting this page on our website: www.newpersona.info
- By phone number: 866.632.9332