Thankyou so much for making the decision to join the Ultimate YOU Dream Business, Body and Life Program.
BEFORE YOU CLICK ON THE “I AGREE” CHECK-BOX PLEASE READ THIS AGREEMENT CAREFULLY.
By ticking the agree box you are confirming that you acknowledge, agree and understand the Ultimate YOU Dream Business, Body and Life Program Agreement and the Personal Fitness Training Release of Liability Agreement.
THIS AGREEMENT is for the arrangement of business education, consulting, and/or business-coaching and fat loss body transformation between Virtual Fitness Trainer an Australian Company (“Company”) and You, the client (“Client”) collectively, the “Parties.”
Whereas, Client is desirous of engaging Company’s services and/or programs for business education, consulting, and/or coaching, fat loss body transformation and in order to do so and in consideration for the mutual covenants contained herein, the Parties agree to the following:
(1) COMPANY’S SERVICES.
Upon execution of this Agreement and receipt of advance deposit from the Client, the Company agrees to render services related to education, consulting, and/or coaching (the “Program”). The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein.
Client agrees to compensate Company and pay the amount for the Ultimate YOU Dream Business, Body and Life Program, as per the payment arrangement when client first registered via payment.
(3) PAYMENT TERMS.
Parties agree that the services to be rendered are in the nature of consulting, coaching and education. Client has independently evaluated its ability to pay the Fee with Client’s independent consultants, in light of Client’s financial position and circumstances, and verifies that it is able to pay the Fee and will not be unduly burdened by payment of the Fee. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee, regardless of whether Client completes the full extent of services offered by Company. Company shall not be obligated to invoice Client for payments. Company will provide Client with payment receipts that will be sent via email to the email address of record. Client’s acceptance of this agreement comprises Client’s authorization for all charges set forth in this Agreement on the dates set forth herein. In the event that Client terminates services prior to the completion of the services, Client shall be responsible for the entire Fee set forth herein. Upon execution of this agreement, all payments towards the Fee shall be collectable and non-refundable on the dates set forth herein.
(4) BANK TRANSFER INSTRUCTIONS.
If payment is made by Bank Transfer, such payment shall be made to:
Virtual Fitness Trainer
(5) CHARGEBACKS AND PAYMENT SECURITY.
To the extent that Client provides Company with Credit-Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit-Card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
(6) NO RESALE OF SERVICES PERMITTED.
Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.
(7) NO TRANSFER OF INTELLECTUAL PROPERTY.
Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
(8) LIMITATION OF LIABILITY.
By using Company’s services and enrolling in the Program, Client releases Company, officers, employers, employees, directors, related entities, trustees, affiliates, and successors from any and all damages that may result from anything and everything. The Program is only an educational, and/or business consulting and /or coaching service being provided. Client accepts any and all risks, foreseeable or unforeseeable, arising from these transaction(s).
Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of $200. All claims against Company must be lodged with the entity having jurisdiction within 100-days of the date of the first claim or otherwise be forfeited forever.
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. Client agrees that use of Company’s services and enrollment in this Program is at Client’s own risk.
(9) DISCLAIMER OF GUARANTEE.
Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that Company cannot control Client and/or Client’s participation. Client commits to accepting assignments/exercises/sessions presented by Company and, to the extent that assignments/exercises/sessions require group participation, participating fully for the benefit of all members. If client is unwilling/unable to participate in exercises/assignments/sessions, the contract is terminable at Company’s option without recourse or refund of any kind.
Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Client accepts that, because of the nature of Company’s services and extent of clients’ participation in Company’s exercise(s)/recommendation(s), the results experienced by clients significantly vary. Client’s accepts responsibility for such variance. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.
(10) COURSE / PROGRAM / COACHING / VIP DAY RULES.
To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. To the extent that Client attends Company’s seminars/workshops, Client shall not mass-distribute marketing materials to or mass-solicit other attendees of Company’s seminars. Client agrees to abide by any Course / Program / Coaching / VIP Day Rules/Regulations presented by Company. The failure to abide by Course / Program / Coaching / VIP Day Rules/Regulations shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
(11) NO SUBSTITUTE FOR MEDICAL TREATMENT.
Client agrees to be mindful of his/her own well-being during the Program and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and/or any consequences thereof.
(12) EXERCISE WAIVER AND RELEASE OF LIABILITY
Portions of the exercise and training program may occur outdoors and indoors and that exercise carries some risk including, without limitation, risk to the musculoskeletal system and to the cardio respiratory system
Client understands and is aware that strength, flexibility and aerobic exercise, including the use of equipment is a potentially hazardous activity. Client also understands that fitness activities involve a risk of injury or death, and that client is voluntarily participating in these activities and using equipment with knowledge of the dangers involved. Client agrees to expressly assume and accept any and all risk of injury or death.
Client agrees to further declare themselves to be physically sound and suffering from no condition, impairment, disease, or other illness that would prevent participation exercise programs, use of equipment or nutrition plans.
Client acknowledges the programs provided by Company are in no way intended as medical advice or to serve as a substitute for medical counselling. Client understands the information in the programs provided by Company should be used in conjunction with the guidance and care of clients physician.
Client also acknowledges that it has been recommended to have a yearly or more frequent physical examination and consultation with clients physician as to physical activity exercise and use of exercise and training equipment and nutrition so that client might have his/her recommendations concerning these.
As with any exercise and nutrition program, persons who are of good health, suspect of their health, are aware of any conditions, physical deficiencies and diseases should always consult a physician before undertaking any eating or exercise program.
Client acknowledges that client has been informed of the need for a physician’s approval for clients participation in and of exercise of fitness activity, in the use of exercise equipment and nutrition plan.
Client acknowledges that client has either had a physical examination and been given physician’s permission to participate, or has decided to participate in the activity, programs, use of equipment and nutrition plan without the approval of client’s physician and assumes all responsibility for their participation in activities, programs, nutrition plan and utilisation of equipment in my activities.
Client understands if client has obtained the consent of a physician and is working with a physician, or has chosen not too, when using any information or programs from Company, client agrees to accept full responsibility for clients actions.
By utilizing the exercise and nutritional strategies contained in Company programs, client recognizes that despite all precautions on the part of Company there are risks of injury or illness which can occur because of clients use of the aforementioned activities, programs and nutrition and client expressly assume such risks and waive, relinquish and releases any claim which client may have against Company and any associated instructors, coaches, staff as a result of any future physical injury or illness incurred in connection with, or as a result of, the use or misuse of the exercises, workouts, programs and nutritional strategies of Company.
Finally, Client acknowledges and agrees that no warranties or guarantees have been made me by Company regarding the results Client will or may achieve from any program and coaching conducted by Company. Client understands that results are individual and may vary. Like anything you really want in life, you need to take action to get results.
In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services/programs and current Program will be suspended until payment is resumed and current on payments. Client is allowed to be suspended for only two consecutive months before forfeiting and being terminated from the program. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee and Company has the right to pursue the Fee through its collection processes.
Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information that: (a) is now or subsequently becomes generally available to the public; (b) the Company or Client can had rightfully in its possession prior to disclosure by the disclosing party; (c) the Company or Client rightfully obtains from a third party.. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
To the extent that Client participates in group-coaching programs or interacts with other clients, Client agrees information received by Client about other clients business or personal matters shall be considered Confidential Information and not be disclosed with the prior written consent of the disclosing party.
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. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
(16) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, 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. Company 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.
(17) CONTROLLING AGREEMENT.
In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
(18) CHOICE OF LAW/VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the State of Western Australia without giving effect to any principles or conflicts of law.
The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the city of Geraldton and state of Western Australia. Which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
(19) ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
(22) OTHER TERMS.
Upon execution of This Agreement by clicking on “I Agree” check box, the Parties agree that any individual, firm Company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, Companies, heirs, assigns, designees or consultants of which the signee is an Company, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.
By clicking on “I Agree” check box I warrant that I have complete authority to enter into THIS AGREEMENT.
By ticking the agree box you are confirming that you acknowledge, agree and understand the Ultimate YOU Dream Business, Body and Life Program Agreement and Exercise Waiver.