User Agreement for the SELF MADE Coaching Program.
This Agreement (“Agreement”) is a legal contract between The Fitness Asylum, 56 Summer Street, Shrewsbury MA 01545 AND (“YOU”, an individual) Collectively the “Parties” WHEREAS, The Fitness Asylum is engaged in this business of client coaching services; and WHEREAS, YOU desire to engage The Fitness Asylum to provide coaching services to YOU in the form of a 97 day program, Weekly Check ins, Health and Fitness resources, Audio and/or Visual Presentations, and periodic personal coaching and evaluation; NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1 Programs: Under the terms of this Agreement, The Fitness Asylum to provide coaching services to YOU in the form of a 97 day Program, Weekly Check ins, Health and Fitness resources, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Membership Fee. Progression between Programs will occur automatically, and Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
1.1.2 Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the 97 Day coaching program; Self Made.
1.1.3 Termination: The Fitness Asylum may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2 Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay The Fitness Asylum:
3 PAYMENTS OF $847 for your first 97-Days.
1.3 No Refunds: The Fitness Asylum abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by The Fitness Asylum, YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success.
Thus, YOU agree that you will not request a refund.
SECTION 2: NO WARRANTIES
2.1 Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that The Fitness Asylum provides Program(s) related to business coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success.
2.2 Limited Liability: In no event will The Fitness Asylum liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if The Fitness Asylum has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
SECTION 3: Confidentiality
3.1 Confidentiality: Only authorized users, who have duly attained access to any Programs offered by The Fitness Asylum by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the System / Program are the sole Intellectual Property of The Fitness Asylum under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and The Fitness Asylum and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the System/ Program, or any other intellectual property rights of The Fitness Asylum whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that The Fitness Asylum uses in connection with services rendered by The Fitness Asylum are marks owned by The Fitness Asylum. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1 Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2 Indemnification: YOU will, at your own expense, defend, indemnify, and hold The Fitness Asylum, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and The Fitness Asylum concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with The Fitness Asylum for relating to the Program, whether oral or written.
4.4. The Fitness Asylum reserves the right, to share the weekly coaching calls on a private podcast platform for current members of the Self Made program.
4.5. Amendment: The Fitness Asylum reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at [email protected] Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of Massachusetts.
BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.