1.This Agreement with Shane Fit LLC, a Delaware limited liability company, dba Shane Diet & Fitness Resorts, hereafter designated as Shane Diet & Fitness Resorts, constitutes the full understanding of the parties. No change or waiver of any of the terms shall be effective unless in writing and signed by both parties.
2.In consideration of Guest’s reservation and payment of appropriate fees, Shane Diet & Fitness Resorts agrees to provide tuition and maintenance for the Guest. Tuition includes regular program, and room and board. Tuition fees do not include optional trips, laundry, and transportation of guest or luggage to or from the Resort & Spa.
3.Guest may participate in any activity or trip organized by Shane Diet & Fitness Resorts on or off Resort & Spa grounds. Guest assumes the inherent risk of such activities and will hold Shane Diet & Fitness Resorts and harmless in the event of any injuries, medical bills or property damages that may result from a Shane Diet & Fitness Resorts and activity.
4.Shane Diet & Fitness Resorts is not a medically supervised weight loss program. At their own discretion, Guest is responsible for getting clearance from their physician, as needed, to participate in the program, and for any medical needs that arise during the Guest’s stay.
5.A deposit of Two Hundred and Fifty Dollars ($250) is required to reserve a space. Balance is due two weeks before arrival. All enrollments less than two weeks before arrival must be paid in full. Shane Diet & Fitness Resorts shall have the right to charge the credit card below for any unpaid balance when due and to receive collection and attorney’s fees on any unpaid balance, plus interest, expenses and court costs, if any, in the event that Shane Diet & Fitness Resorts initiates proceedings for collection on any unpaid balance due. The enrollee waives their right to reverse any credit card charges.
6.No adjustment, allowance or refund of the deposit or balance of the tuition fees shall be made except in conformity with the following rules:
Where Guest notifies Shane Diet & Fitness Resorts more than thirty days before scheduled arrival that Guest will be unable to attend for any reason, a full refund will be made of all fees previously paid less a non-refundable registration fee of $250.
If cancellation is due to non-payment of tuition or within thirty days of the start of the session in which Guest is enrolled, all money received by Shane Diet & Fitness Resorts will be treated as liquidated damages.
7.For the safety, welfare and proper maintenance of all the guests, Shane Diet & Fitness Resorts reserves the unrestricted right to dismiss a guest whose conduct or influence is inimical to the best interest of the program in the considered opinion of the Directors. Such conduct or influence includes, but is not limited to: any observation or discovery (Shane Diet & Fitness Resorts reserves the right to search personal property) of the use or possession of weapons, drugs or drug-related implements, stimulants or intoxicating beverages, bringing food into guest rooms or Resort in the presence of other guests, damaging or defacing of Resort or program property, not complying with rules or procedures, inappropriate behavior, inappropriate intimate or sexual behavior, and omission or misrepresentation regarding the medical or mental history of the Guest. In such event, there will be no refund or adjustment of any part of the program fee.
8.Due to the program’s seasonal nature, there is no refund or credit for any portion of the session not completed, including late arrival, early departure, illness or accident, disability or withdrawal. Tuition and fees already paid and/or due are agreed to be the fair and reasonable sum as and for liquidated damages. All claims for refund or credit are expressly waived and released by the Guest.
9.The venue and place of trial of any dispute that may arise out of this Agreement or otherwise, to which Shane Diet & Fitness Resorts or its agent is a party, shall be in the Town of Liberty Justice Court, or the County or State Supreme Court in Sullivan County, New York. If Shane Diet & Fitness Resorts retains the services of an attorney to enforce its rights under the terms of this Agreement, if successful, whether after litigation or through settlement, Shane Diet & Fitness Resorts shall be entitled to reimbursement for its reasonable legal fees and costs. If any portion of this Agreement is deemed void or unenforceable for any reason, it shall not affect the balance of the Agreement which shall be enforced in the manner designed to give Shane Diet & Fitness Resorts the fullest benefit and protection represented by this Agreement.
10.Shane Diet & Fitness Resorts, its officers, directors, and employees, shall not be responsible for cell phones, money, clothing, laundry, baggage, medicine, mail, packages or personal possessions lost or damaged by fire, theft, malicious mischief or personal negligence.
11.Permission is hereby granted to Shane Diet & Fitness Resorts to use any photograph, film, video or audio of the above guest in any public release, publicity, TV program, advertisement, brochure or promotional videos.
12.Names and addresses of Guests and staff, Guest inquiries and printed material and procedures are the confidential property of Shane Diet & Fitness Resorts.
13.Shane Diet & Fitness Resorts does not screen its Guests and assumes no responsibility for acts by Guests or other persons, whether on or off the Resort & Spa premises.