TERMS OF SERVICE
Agreement: This is a binding agreement between you (herein referred to as “Client”) and Amber Krzys dba bodyheart (herein referred to as “Company,” “Consultant” or “Coach”) (each party collectively as “Parties”), in consideration of the mutual promises made herein.
WHEREAS, Company provides training and consultation in the areas health coaching and weight loss support and guidance,
WHEREAS, Client wishes to retain Company on the terms and conditions set forth herein to provide such services,
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows:
Company agrees to provide services of Rock Your BodyChallenge (herein referred to as “Rock Your Body Challenge” or “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands and acknowledges that Coach, is not an employee, agent, lawyer, doctor, manager, therapist, business manager, registered dietician, nutritionist, financial analyst, psychotherapist or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and Coach has no obligation or ability provide such services. If Client should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Client understands that Consultant has not promised, shall not be obligated to and will not; act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Client understands that a coaching relationship does not exist between the parties after the conclusion of this Program. Client waives any claim against Coach or her affiliates from any liability related to such needs.
(7) Weekly Modules of Pre-Recorded Lectures
(8) 60-90 Minute Group Coaching Calls during Weeks 1,2,3,4,6,7 & 8
(4) Guest Teacher Audio Interviews
(1) Rock Your Body Journal
(2) Audio Bonus Guest Interviews
(1) Video Bonus Guest Interview
(8) Weekly Action Challenges
LENGTH OF PROGRAM
8 Weeks in the Fall Months between October & December
If Client elects to pay in Full the total price of this Program is twelve hundred sixty dollars ($1260 USD). If Client elects to pay with monthly installments the total price of the Program is fourteen hundred fifty dollars ($1450.00 USD) with (10) monthly payments of ($145.00 USD).
METHODS OF PAYMENT
If Client elects to pay by monthly installments, Client authorizes the Company to charge Client’s credit card or debit card until the full payment is received.
If Client elects to pay in FULL, Client may do so with a credit card or debit card.
Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program and regardless of whether Client has selected a lump sum or monthly payment plan. At the sole discretion of the Company, depending on circumstances, Client may receive a full refund before the end of the second week of the Program start date. After such 2d week, no refunds will be issued for any reason.
The Company respects Client’s privacy and insists that Client respects the Company’s and other Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by other Program Participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the other Program Participant who discloses it and the Company. Clients agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group coaching calls, from the forum or otherwise.
Client agrees not to use such Confidential Information in any manner other than in discussion with the Company or with other Participants during the Program. Confidential Information includes, but is not limited to, information disclosed on this website and/or in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Notwithstanding anything to the contrary herein, Client understands and agrees that Company may record any and all calls of Client or other Participants and Company may utilize any such audio recordings taken during said calls in connection with its business operations (but for clarity, Company will never use Client’s full name in such recording without Client’s prior permission).
Further, by opting into the Program you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NON-DISCLOSURE OF COACHING MATERIALS
Material given to Client in the course of Client’s participation in the program is proprietary, copyrighted and/or developed specifically for the Program. Client agrees that such proprietary material is the sole property of the Company and is for Client’s own personal use as part of the Program. Client agrees not to make use of Program for commercial purposes in any manner. Any disclosure to a third party, copying or republishing any portion of this Program or its contents is strictly prohibited and constitutes infringement. Coach reserves all rights including injunctive relief against Client if Company’s rights hereunder are violated.
NO TRANSFER OF INTELLECTUAL PROPERTY
The Rock Your Body Challenge Program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Bodyheart. No license to sell or distribute Company’s materials is granted or implied.
By purchasing the program, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.
Further, by purchasing the program, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief among other remedies to prohibit any such violations and to protect against the harm of such violations.
Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Consultant will help and guide Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By purchasing this course, Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control ofeither Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
1) LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable.
Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program.
2) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
3) ASSIGNMENT. This Agreement may not be assigned by either party without express written consent of both parties. Notwithstanding the foregoing, Comnay may assign its rights hereunder to an entity created by Coach (e.g if Coach decides to create a corporation instead of just a dba).
4) TERMINATION. Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this program, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client become disruptive or difficult to work with, or upon violation of the terms. Client will still be liable to pay the total contract amount.
5) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
6) RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process iscompleted within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
7) EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
8) NOTICES. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the Parties at the addresses appearing below. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or electronic mail, provided sender maintains confirmation that the notice was properly transmitted on that date.
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date first above written.