This agreement (the “Group Membership Agreement”) is entered into as of the date of purchase, by and between Oaklands Most Powerful, LLC (“Party One”) and You (“Party Two, Client, You”) (collectively the “Parties”).NOW, THEREFORE, in consideration of the mutual premises and covenants contained in this Agreement, it is hereby agreed by and between the Parties as follows:

1)  PARTY ONE OBLIGATIONS.

Party One does hereby covenant and agree that it shall provide one of the following service(s) purchased: Minimalist x2/week, Steady Progress x3/week, or Strong Athlete x5/week Group Membership (Monthly Auto-Renewal)

2)  PARTY TWO OBLIGATIONS/EXPECTATIONS.  

Party Two does hereby covenant and agree that it shall:

You know as a Client you are responsible for the actions you take. You have the sole responsibility to contact your physician for approval for participation in coaching if coaching is for health reasons. You recognize that any activity in a gym or using equipment in a gym bears some risk, which you the Client agree to accept in its entirety.

You agree to hold harmless and indemnify Oakland’s Most Powerful and representatives from any liability whatsoever resulting from your participation in coaching activities and or personal training, including but not limited to medical expenses. You accept the risk of any decision, action or outcome based on the coaching relationship. You agree to alert the coaches to any physical limitations at all times to ensure clearest possible communication throughout the course.

You acknowledge that expectations and results or participation in coaching activities vary among individuals and that each individual may not receive the same benefit.

You agree that Oakland’s Most Powerful  (“Party One”) may discontinue services to you upon notification to you in writing for any reason, including the following: your failure to cooperate to the best of your ability in the activities and schedules planned; non-payment of fees within 5 days of the due date.

3) PRIVACY.  

Client information and records are confidential unless OMP receives your advanced permission to disclose or except as required by law. All of our conversations and information exchanged is confidential. 

4) FEES, PAYMENT, AND CANCELLATION POLICY.

You agree to the designated fees at the time of purchase. You also agree to adhere to the Cancellation Policy of the Group Membership Agreement: Cancellation of the membership can be made within 7 days of the first day of renewal with a $75 cancellation fee. Registration fees are non-refundable beyond 7 days of the membership.

Monthly & Quarterly Membership Cancellation and Refund Policy

Refund Policy:

Refunds will not be provided after 14 days from the date of purchase.

Cancellation Policy:

Membership cancellations can be made within 14 days from the first day of the membership purchased.

A cancellation fee of $75 will be applied for any membership cancellations made within this 14-day period.

To initiate a cancellation, please contact us via email support@ompgym.com.

The cancellation request must be received within the 14-day period to be eligible for a refund minus the cancellation fee.

Non-Refundable Conditions:

After the 14-day period, the membership fee becomes non-refundable regardless of participation or attendance.

Confirmation of Cancellation:

Once your cancellation request is processed, you will receive a confirmation of cancellation. Please retain this confirmation for your records.

Amendments to Policy:

We reserve the right to amend the terms and conditions of this policy. Any changes will be communicated to members in a timely manner.

By purchasing a Group Training Monthly or Quarterly membership, you acknowledge and agree to the above terms and conditions.

Cancellation Policy:

Time is precious.

We require a 24-hour cancellation notice.

Any cancellations within 24 hours prior to confirmed class times will be charged in full. Extreme circumstances will be taken into consideration on a case-by-case basis. We appreciate your understanding. Direct any questions to Mel or Luis directly in person or at support@ompgym.com.

5)  GENERAL PROVISIONS.

A.  Notices.  Any notice or other communication provided for herein or given hereunder to a party hereto shall be in writing and shall be given by email or by mail (registered or certified mail, postage prepaid, return receipt requested) to the respective party as follows: 

If to Party One: 

Oakland’s Most Powerful2002 Montana ST, OAKLAND CA, 94602

Email: admin@ompgym.com

B.   Successors and Assigns.  This Agreement is intended to bind and inure to the benefit of and be enforceable by the Parties, and their respective successors, assigns, heirs, executors and administrators; provided, that neither party may assign any duties or her rights hereunder without the written consent of the other party. 

C.  Waiver and Amendment.  Neither party may waive any of the terms or conditions of this Agreement, nor may this Agreement be amended or modified, except by a duly signed writing referring to the specific provision to be waived, amended or modified.  

D.  Entire Agreement.  This Agreement constitutes the entire agreement with respect to the subject matter hereof, and supersedes all other prior agreements and understandings, both written and oral, among the parties hereto and their affiliates. 

E.  Severability.  Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provisions had never been contained herein.

F.  Governing Law.  This Agreement shall be governed by the laws of the state of California, without regard to its conflicts of law provisions.

G.  Voluntary Execution of Agreement.  This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties, with the full intent of releasing all claims. The Parties acknowledge that:

they have read this Agreement;

(ii) they have been represented, or, in the alternative, have had the opportunity to obtain representation, in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice;

(iii) they understand the terms and consequences of this Agreement and of the releases it contains; and

(iv) they are fully aware of the legal and binding effect of this Agreement.

H.  Counterparts/Electronic Signatures.  This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument.  For purposes of this Agreement, use of a facsimile, e-mail or other electronic medium shall have the same force and effect as an original signature. 

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. I UNDERSTAND AND AGREE WITH THE CONTENTS OF THIS DOCUMENT. ANY QUESTIONS I MAY HAVE HAD ABOUT THIS DOCUMENT WERE ANSWERED TO MY SATISFACTION.I AGREE TO THE TERMS AND CONDITIONS AS SET OUT BY THE GROUP MEMBERSHIP AGREEMENT.