ClapBack 6 Week FitMe Challenge
Terms And Conditions
This Agreement is made between Myra Perez, LLC and ___________________ hereinafter referenced as CLIENT.
CLIENT agrees to the following terms:
CLIENT hereby retains Myra Perez, LLC as an independent contractor, to design the SERVICES for CLIENT, including a weight
management program, to enhance the health and fitness of CLIENT, and to meet the health and fitness goals of CLIENT.
2. DUE DILIGENCE BY CLIENT
Client acknowledges that he/she has provided Myra Perez, LLC with all background information, including appropriate medical history, which may be necessary to prepare, formulate and perform the SERVICES for CLIENT. CLIENT agrees that she/he shall use her/his best effort to comply with the diets, programs, schedules and recommendations made by Myra Perez, LLC as part of the SERVICES. CLIENT expressly warrants and affirms to Myra Perez, LLC that she/he has obtained appropriate medical clearance to participate in the diet, exercise and training programs comprising the SERVICES. CLIENT represents that CLIENT is in good physical condition and has no disability, illness, or condition that could prevent CLIENT from exercising without an injury or impairment of health, and that CLIENT has consulted a physician concerning an exercise and diet program that will not risk injury to CLIENT or impairment of CLIENT’S health. CLIENT further expressly agrees that this release and waive of liability and indemnity is intended to be as broad and inclusive as permitted by law of the State of Texas or where CLIENT resides and lives and that if any portion is held invalid, the rest shall continue in full force and effect. CLIENT has read this release and waiver of liability and indemnity and agrees that no oral representations, statements or inducement apart from this Agreement have been made.
3. ASSUMPTION OF RISK/WAIVER OF LIABILITY
Client understands and acknowledges that participation in any diet, exercise and training program carries with it the inherent risk of bodily injury and/or illness. CLIENT agrees that she/he will forever release and hold Myra Perez, LLC harmless from and against any and all claims, whether for personal injuries, illness, or otherwise, arising from the SERVICES, and that she/he shall not in any way seek to hold Myra Perez, LLC liable for any and all such claims
4. NOT A SUBSTITUTE FOR MEDICAL TREATMENT
CLIENT understands and acknowledges that the services including the weight management program are not in any way intended to function as a substitute for medical treatment and/or advice from CLIENTS own physician.
5. CONFIDENTIALITY AND NON-DISCLOSURE
CLIENT acknowledges and agrees that any and all information disclosed or provided by Myra Perez, LLC in connection with the SERVICES is strictly confidential in nature, and constitutes proprietary work product owned by Myra Perez, LLC. The SERVICES shall be utilized by CLIENT for the sole purpose of the weight management program and will not be disclosed, or permitted to be disclosed via the internet in any manner, INCLUDING FORUM JOURNALS, WEB BLOGS, PERSONAL WEBSITES OR COMMERCIAL WEBSITES, through literary publication, or otherwise, to any person or entity excepts otherwise set forth herein. CLIENT acknowledges and agrees that she/he shall forever maintain as confidential, and that she/he shall not disclose and to any third party (other than a treating physician of CLIENT), any of the information, schedules, diets, recommendations, and/or details concerning the SERVICES. CLIENT acknowledges and agrees that her/his duty of confidentiality and non-disclosure pursuant to this Agreement shall survive completion, cancellation, termination or cessation of the SERVICES. CLIENT acknowledges that she/he shall not knowingly or carelessly disclose, cause to be disclosed or assist in any disclosing or otherwise using or disseminating any information disclosed or provided by Myra Perez, LLC to CLIENT in connection with the SERVICES. CLIENT acknowledges and agrees to take reasonable measures to prevent unauthorized persons or entities from having access to, obtaining or being furnished with, the information and details comprising or related to the SERVICES.
6. IMMEDIATE RIGHT TO TERMINATE SERVICES
Myra Perez, LLC will do best to help her clients achieve their goals! This said, if by any means she starts noticing her client is slacking off, discrepancy, non-complying, or not sending weekly updates, she has all the rights to discontinue training and open the space for a serious client. If weekly photo submissions are not submitted on time, client Immediately gets disqualified to win prizes on challenges. Client still can partake in the challenge but cannot enter to win any prizes in challenge. NO EXCEPTIONS WILL BE MADE.
7. INDEMNITY FOR BREACH OF AGREEMENT
CLIENT agrees to indemnify and hold Myra Perez, LLC harmless for any and all losses, claims, damages, attorney’s fees, judgments or liability arising from CLIENTS breach of this Agreement.
8. NO UNWRITTEN WAIVER EFFECTIVE
No waiver of any breach, failure to any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision.
10. MYRA PEREZ, LLC AND INDEPENDENT CONTRACTOR
With regard to the performance of the SERVICES and all matters referenced in this Agreement, Myra Perez, LLC shall at all times be an independent contractor. Nothing in this Agreement, or any actions taken pursuant to this Agreement, shall be deemed to create any express or implied employment or agency relationship between CLIENT and Myra Perez, LLC. Neither party to this Agreement shall have the authority to legally bind the other, except as otherwise set forth herein.
11. Termination Policy
Myra Perez, LLC has the right to terminate any participant if he/she is non-complying. Myra Perez, LLC has the right to terminate any participant at any given moment (whether it being before/during/after challenge or after winners are chosen to disqualify a winner) if she suspects any discrepancies/ Photoshop/ modifications of pictures/ non-compliant or not willing to have her surprise skype/snapchat/instagram video chats. Participants must comply in order to prove progress and results.
12. CHALLENGE CANCELLATION AND REFUND
Challenge may NOT BE cancelled/frozen due to illness/medical reason/pregnancy. NO refund will be issued for any reason since client is receiving digital goods. Digital goods are delivered at purchase.
13. EMAIL RESPONSES
Emails will be answered Monday through Friday. Any emails sent monday-friday after 4pm central time will not get a response until following date. In addition, emails sent friday after 4pm central time, Saturdays, and Sundays will not get a response until the following week.
14. READ AND UNDERSTOOD
By signing below, CLIENT acknowledges and warrants that she/he has read and understood this entire Agreement, and she/he agrees to legally bound by the terms and conditions of this Agreement.
Terms and conditions are subject to change.