​​​

• Add-On Athletes: Additional athletes may join a session for $20 per athlete, per session.

• Payment Methods: Credit card, debit card, ACH, or electronic platforms.

• Failed payments must be rectified within 5 business days to avoid service suspension.

​

3.2 Policy Differences by Type

​

A. Session Packages (Prepaid Block)

​

• Payment: Must be paid in full prior to the first session.

• Expiration: Packages expire 12 months from purchase to ensure training continuity and safety standards.

• Alpha App: Subscription must be purchased separately (see Sec 3.3).

​

B. Monthly Subscriptions (Recurring)

​

• Validity: Sessions must be used within the billing month (e.g., Dec 12 to Jan 11). Unused sessions do not carry over and are forfeited.

• Auto-Renewal: Subscriptions automatically renew monthly. Payment is processed on the renewal date.

• Cancellation (HB 528 Compliance): This subscription will automatically renew at the end of each billing cycle unless you cancel. You may cancel at any time by sending a cancellation request to mike@trainwithalpha.com or by logging into your client portal at [Insert Link to App/Portal]. Cancellation notices must be received at least 3 days prior to the next billing date to avoid a renewal charge. Note: The requirement to mail a certified letter (Section 4.1) applies only to the statutory 7-day right of rescission, not to standard monthly subscription cancellations.

• Alpha App: Included at no additional charge for active subscribers.

​

C. Individual Sessions

​

• Payment: Due in full prior to training.

• Refunds: Non-refundable once completed, subject to Consumer Rights in Section 4.

​

4. STATE-MANDATED CONSUMER RIGHTS & CANCELLATION

​

The following clauses are required by O.C.G.A. § 10-1-393.2. Please read carefully.

​

4.1 Seven-Day Cancellation Notice

 

NOTICE

 

You (the buyer) have seven business days to cancel this contract. To cancel, mail or hand deliver a letter to the following address:

 

Alpha Athletic Development, LLC,

3271 Lynwood Dr NE,

Brookhaven, GA 30319

​

Do not sign this contract if there are any blank spaces above. In the event optional services are offered, be sure that any options you have not selected are lined through or that it is otherwise indicated that you have not selected these options.

 

It is recommended that you send your cancellation notice by registered or certified mail or statutory overnight delivery, return receipt requested, in order to prove that you did cancel. If you do hand deliver your cancellation, be sure to get a signed statement from an official of the spa, acknowledging your cancellation.

 

To be effective, your cancellation must be postmarked by midnight, or hand delivered by midnight on [INSERT DATE: 7 BUSINESS DAYS FROM SIGNING], and must include all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to you.

​

If you cancel within the seven-day period, the Company will refund all payments made, less the fair market value of services actually received during those seven days, which shall not exceed $100.00. Refunds will be issued within 30 days of receipt of your cancellation notice.

(Note to Staff: Calculate date excluding Sundays and any public and legal holidays.)

​

4.2 Cancellation for Substantial Change

​

You (the buyer) may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex and vice versa.

​

To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail or statutory overnight delivery, return receipt requested.

​

4.3 Cancellation Due to Failure to Offer Alternate Location

​

Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles.

​

4.4 Cancellation Due to Disability or Death

​

If you (the buyer) become totally and permanently disabled during the membership term, you may cancel this contract. The health spa is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of the services made available for use. This amount shall be computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term.

​

If you (the buyer) die during the membership term, your estate may cancel the contract. The health spa is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of the services made available for use. This amount shall be computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term.

​

• Definition of Total and Permanent Disability: For purposes of this Agreement, "total and permanent disability" means a condition which has existed or will exist for more than 45 days and which will prevent you (the buyer) from using the services to the same extent as you (the buyer) used them before commencement of the condition.

​

4.5 Heart Disease Warning

​

If you (the buyer) have a history of heart disease, you should consult a physician before joining a spa.

​

4.6 CALCULATION OF REFUNDS (FAIR MARKET VALUE)

​

For the purposes of calculating refunds under any clause in this Section 4:

​

• Session Packages: Refunds for non-recurring session packages shall be prorated based on the number of sessions utilized, not the time elapsed. The cost of services "actually received" will be calculated at the Company’s current Single Session (Drop-In) Rate, not the discounted package rate.

• Subscriptions: Refunds for monthly subscriptions will be prorated based on the number of days active in the billing cycle prior to cancellation.

​

5. SCHEDULING & ATTENDANCE POLICIES

​

5.1 Cancellation & Rescheduling

​

• 2-Hour Notice: You may cancel or reschedule a session up to 2 hours prior to the start time.

• Late Cancel: If you cancel less than 2 hours before the session, the session is forfeited and will not be refunded.

• No-Shows: Failure to arrive for a scheduled session results in forfeiture of that session. No refunds will be issued.

​

5.2 Force Majeure

​

If services are interrupted by acts of God, pandemic, or government orders for more than 30 days, the Client may either suspend the agreement (extending expiration dates) or cancel and receive a pro-rated refund for unused sessions.

​

6. CLIENT RESPONSIBILITIES & CONDUCT

​

To ensure safety and results, the Client agrees to:

​

• Health Disclosure: Provide accurate health history and immediately report any changes (injuries, pregnancy, illness) or symptoms (pain, dizziness) during training.

• Medical Clearance: Obtain physician clearance if required by the Coach or if the Client has a history of cardiovascular conditions.

• Preparedness: Arrive on time with appropriate clothing and hydration.

• Communication: Use the designated platforms (Everfit/Booking App) for scheduling. In a medical emergency, call 911; the Coach does not monitor messages for emergencies.

• Intellectual Property: Programs and materials provided are for personal use only and may not be distributed or sold without Coach’s written consent.

​

7. LIABILITY WAIVER & RELEASE

​

7.1 ASSUMPTION OF RISK

 

CLIENT ACKNOWLEDGES THAT PARTICIPATION IN STRENGTH AND CONDITIONING INVOLVES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO MUSCLE STRAINS, CARDIOVASCULAR EVENTS, ABNORMAL BLOOD PRESSURE, FAINTING, DISORDERS OF HEART RHYTHM, RHABDOMYOLYSIS, JOINT MECHANISM FAILURE, AND SERIOUS PHYSICAL INJURY OR DEATH. CLIENT VOLUNTARILY ASSUMES ALL SUCH RISKS.

 

7.2 MEDICAL CLEARANCE POLICY

 

A. Mandatory Clearance (Cardiovascular & Systemic Risks): To ensure safety, the Company strictly adheres to the health standards outlined in the "Health History Questionnaire". If Client answers ‘YES’ to any Red Flag question, Client MUST provide written physician’s clearance before any services can commence:

 

• Heart History: History of heart disease, heart attack, or stroke.

• Symptoms: Chest pain during activity or at rest within the past month.

• Dizziness: Loss of balance due to dizziness or loss of consciousness/fainting.

• Blood Pressure: Uncontrolled high blood pressure (not managed by medication) or a resting blood pressure reading above 160/100 mmHg.

• Medical Prohibition: Any other medical reason a physician has advised against physical activity.

 

The intensity and type of exercise provided will be limited to the level authorized by the physician (e.g., light-to-moderate only, cleared with specific restrictions, or unrestricted including vigorous exercise). Training services will not commence until such clearance is received and placed on file. NO EXCEPTIONS.

 

B. Coach’s Discretion (Orthopedic History): If Client discloses an orthopedic history (e.g., previous joint injuries, muscle strains, or surgeries as outlined in the Health History Questionnaire) that does not involve the cardiovascular system, the Coach may, at their sole discretion, waive the requirement for a physician's clearance. In such cases, the Coach may modify the program to accommodate said injuries.

 

C. Assumption of Risk for Discretionary Waiver: If Coach agrees to provide services under Subsection (B) without requiring physician clearance, Client expressly assumes all risks associated with training while having pre-existing orthopedic conditions and releases the Company from liability for re-injury or aggravation of said conditions.

 

7.3 RELEASE OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY GEORGIA LAW, CLIENT RELEASES, WAIVES, AND DISCHARGES ALPHA ATHLETIC DEVELOPMENT, LLC AND MICHAEL IRR FROM ANY CLAIMS, DAMAGES, OR ACTIONS ARISING OUT OF INJURY, ILLNESS, OR LOSS SUSTAINED IN CONNECTION WITH SERVICES, INCLUDING CLAIMS ARISING FROM ORDINARY NEGLIGENCE.

 

7.4 INDEMNIFICATION

 

CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AGAINST ANY CLAIMS OR COSTS ARISING OUT OF THE CLIENT’S BREACH OF THIS AGREEMENT OR THEIR OWN NEGLIGENCE.

​

8. ADDITIONAL TERMS

​

8.1 Intellectual Property & Usage Rights

​

All educational materials, workout plans, videos, and training programs provided by the Coach remain the exclusive intellectual property of Alpha Athletic Development, LLC. You are granted a limited, non-transferable license to use these materials solely for your personal training while this Agreement is active. You are strictly prohibited from selling, distributing, or sharing these materials with third parties without prior written consent. However, you retain the right to keep any custom programs specifically purchased under Section 3.3 after this Agreement ends.

​

8.2 Privacy Policy & Data Consent

​

You acknowledge that you have access to the Coach’s Privacy Policy, which outlines how your personal and health information is collected, protected, and utilized. By executing this Agreement, you consent to the collection and use of your data as described in that policy.

​

8.3 Media & Publicity

​

To respect your privacy, the Coach will not use your image, likeness, video, or testimonials for any marketing or social media purposes unless you sign a separate Media Release form. Providing such consent is entirely optional and is not a condition for receiving training services.

​

8.4 Governing Law & Dispute Resolution

​

This Agreement shall be governed by the laws of the State of Georgia, without regard to conflict of law principles. Any legal disputes arising from this Agreement must be resolved exclusively in the state or federal courts located in DeKalb County, Georgia, and both parties consent to the jurisdiction and venue of these courts.

​

8.5 Severability

​

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. The parties specifically acknowledge and agree that the Liability Waiver and Release (Section 7) is intended to be severable, such that if any specific term within it is deemed overbroad, the remaining terms protecting the Company shall be enforced to the fullest extent permitted by Georgia law.

​

RISK OF LOSS NOTICE

​

NOTICE

State law requires that we inform you that should you (the buyer) choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this health spa ceases to conduct business. Health spas do not post a bond, and there may be no other protections provided to you should you choose to pay in advance.

​