The HAUTE & Sexy Agreement
This Agreement (the “Agreement”) is entered into on , by and between, Haute Fitness Health, (hereinafter the “Company” or “Haute”), and , whose address is , , , , telephone number: (hereinafter “You” or “Client”). The Company agrees to render fitness and weight loss services, including, but not limited to, consulting, coaching, and training (hereinafter the “Program”) to Client.
1. COMPANY’S SERVICES. Upon execution of this Agreement, the Company agrees to provide Client with the Program. A copy of the Program is annexed hereto as Exhibit “A” and is hereby made part of this Agreement. The scope of services rendered by Company pursuant to this Agreement shall be solely limited to those contained within Exhibit “A”. If any additional services are added to the Program at Client’s request, Client will be charged accordingly. Company reserves the right to substitute the aforementioned services with other services of equal to or comparable value as part of the Program if the Company determines that the need arises.
2. COMPENSATION. Company charges a fee of $3750 one time or (2) two monthly payments of $1500 for The HAUTE & Sexy Membership Program. Company agrees to accept the aforementioned fee according to the following payment schedule:
Please choose the payment plan you are purchasing
Company shall charge five percent (5%) interest to all balances that are more than ten (10) days past due.
3. REFUNDS. Upon execution of this Agreement, Client shall be responsible for all fees as described above. If client cancels the Program, or any portion thereof, for any reason whatsoever, Client will receive no refund.
4. CHARGEBACKS AND PAYMENT SECURITY. Should Client provide Company with a Credit Card or Debit Card (hereinafter “Card”) for payment, Company is authorized to charge Client’s Card for any unpaid fees on the dates set forth herein. If Client utilizes a 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 Card that is provided without Company’s prior written consent. Client is responsible for any fees associated with chargebacks and any collection fees associated with a chargeback. In the event that Client’s Card information changes, Client agrees to notify Company immediately of such changes.
5. NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials are provided to the Client for his or her individual use only. Client is not authorized to use any of Company’s material for commerical purposes or provide Company’s materials to any one else. Client is not 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, but not limited to, Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell, copy, or distribute Company’s materials is granted or implied.
6. LIMITATION OF LIABILITY. Client agrees that the use of Company’s Program is at Client’s own risk and does hereby release Company, it officers, employers, directors, and related entities from any and all damages that may occur as a result of the use of Company’s Program. The Program is only an educational and coaching service and is not intended to treat, cure, or diagnosis any disease or sickness. 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 (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $1,000.00. 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 the use of the Program, including but not limited to: direct, indirect, incidental, special, consequential, or exemplary damages, which may result from the use or misuse of Company’s services or enrollment in the Program.
7. CONSENTS. Client also understands that if Client’s Program includes personal fitness training physical touching and positioning of my body may be necessary to assess my muscular and bodily reactions to specific exercises, as well as to ensure that Client is using proper technique and body alignment. I expressly consent to the physical contact for the stated reasons above.
8. DISCLAIMER OF GUARANTEE. Client agrees and accepts that they are responsible for their progress and results from the Program can vary greatly from one client to another. Client accepts and agrees that they are the one vital element to the Program’s success and that Company cannot control You. Company makes no representations or guarantees verbally, or in writing, regarding performance of this Agreement other than those specifically enumerated herein. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results. Prior results do not guarantee a similar outcome.
9. RECORDING/PHOTOGRAPHY. Client consents to photographs and recordings being made of any portion, or all, of the Program. Company reserves the right to use, at its sole discretion, course materials, photographs, videos and audio recordings of Client’s Program, and materials submitted by Client as part of future Program’s for future lecture, teaching, and marketing materials, without compensation to Client. Client consents to their first name and the first initial of their last name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
10. HEALTH AND SAFETY WARNING. You should consult a physician or health care professional before beginning any fitness, exercise or weight loss program. It is Client’s sole responsibility to evaluate your own health and wellness before starting the Program. When used improperly or undertaken by persons with certain medical conditions, exercise, diet, or other physical activity may result in injury, illness, or death without proper medical evaluations. By utilizing the information as part of this Program you agree that: 1). the material provided by Company is for informational purposes only and does not constitute medical, professional, therapeutic, or other counseling services; 2). that you have consulted a health care professional prior to undertaking an exercise program, and 3). that you utilize the Program at your own risk.
11. TERMINATION. In the event that Client is in arrears of payment or otherwise in breach of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all amounts due from Client and terminate the Program. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.
12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey and any litigation brought pursuant to this Agreement must be brought in the Superior Court of New Jersey, Bergen County.
13. INDEMNIFICATION. Client shall indemnify Company and hold it harmless with regard to any claims of any kind or nature brought against Company as a result of any action or inaction by Client or Client’s employees, or agents. The duty to indemnify includes, but is not limited to, a duty to provide legal defense, to pay any legal fees and costs incurred by Company, pay all judgments entered against Company and pay any settlement entered into by Company.
14. 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.
15. 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.
16. SEVERABILITY. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
17. HEADINGS. Clause headings are inserted in this Agreement for convenience only, and shall not be taken into account in the interpretation of this Agreement.
SIGNATURES. Client and the Company have read and agree to this Agreement. The Company has answered all of your questions and fully explained this Agreement to your complete satisfaction. You have been given a copy of this Agreement.
For the purpose of this agreement, facsimile signatures will be deemed original.
The HAUTE & Sexy Membership
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Signed by Kerin Briscese
Signed On: August 14, 2017
If you have questions about the contents of this document, you can email the document owner.
Document Name: The HAUTE & Sexy Agreement
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