Worth the Work Fitness Coaching Agreement - Terms & Conditions
This Agreement (“Agreement”) is made effective on the day of sign-up and first payment (“Effective Date”), between WORTH THE WORK FITNESS LLC, (referred to herein as “WORTH THE WORK FITNESS LLC”) and the Member (referred to herein as “Member”). This website (the “Site”) is owned and operated by WORTH THE WORK FITNESS LLC.
TERMS OF SERVICE
By agreeing to the Terms & Conditions, both parties agree as follows:
1. Membership Fees
a. Monthly Recurring Membership. $99 per month, paid monthly, on the first day of sign-up and then recurring monthly on that same date, unless other arrangements are made. All contracts are enforceable on a month-to-month basis until the Member cancels. The $99/month rate is applicable as long as the Member is receiving service from Worth the Work Fitness LLC and/or until the Member cancels. To cancel, Members must email: brett@worththeworkfitness.com and cancellations will be made effective in 48-72 hours. A late payment/declined credit card fee of $15 will be charged on any payment past due. Membership fees must be paid on or before the first day of service.
b. 3-Month Membership. $279 one time payment on the first day of sign-up. All contracts are enforceable through the 3-month term of the membership. The membership is applicable as long as the Member is receiving service from Worth the Work Fitness LLC and/or until the 3-month term expires. Membership fees must be paid on or before the first day of service.
b. 6-Month Membership. $549 one time payment on the first day of sign-up. All contracts are enforceable through the 6-month term of the membership. The membership is applicable as long as the Member is receiving service from Worth the Work Fitness LLC and/or until the 6-month term expires. Membership fees must be paid on or before the first day of service.
2. Three-Day Right of Rescission
Members have three days after signing this Agreement to cancel their membership without penalty. If the Agreement is cancelled within three days, WORTH THE WORK FITNESS LLC will return to the Member within thirty days all amounts paid. To cancel, Members must email: brett@worththeworkfitness.com.
3. Intellectual Property Rights
The Site is provided solely for your personal noncommercial use. You may not use the Site or the videos and materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.
4. Conduct
WORTH THE WORK FITNESS LLC is committed to the health, safety, and welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. WORTH THE WORK FITNESS LLC has the right to judge behavior of any Member and respond accordingly in its sole and absolute discretion. This right includes, but is not limited to, cancellation of this Agreement, and termination of the membership of any Member engaging in unacceptable behavior.
5. Refund Policy
Payments shall be made (or has been made) to WORTH THE WORK FITNESS LLC, in the amount of either $99, $249, or $549 upon executing this Contract. Refunds will not be provided for any program/support from WORTH THE WORK FITNESS LLC. We do not provide any other credits, refunds or prorated billing for support that has been cancelled once they have begun or for the cancellation of this Agreement. Each service provider reserves the right to offer refunds, discontinues or other considerations in select circumstances at its sole discretion. If the Member fails to pay for the services when due, WORTH THE WORK FITNESS LLC has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies.
6. Medical
Information exchanged between WORTH THE WORK FITNESS LLC and Member is not medical advice, nor is it nutrition advice. It is not intended to diagnose, cure or treat any current or future medical conditions. It is advised that you consult your physician before starting any type of wellness program which could include, but not be limited to exercise, changes in eating habits and changes in lifestyle habits.
7. Expectation of Results
WORTH THE WORK FITNESS LLC DOES NOT GUARANTEE ANY RESULTS.
8. Release; Assumption of Risk; Covenant Not to Sue; Indemnity.
The Member represents and warrants the following:
a. Assumption of Risk. I KNOW AND UNDERSTAND THE SCOPE, NATURE, AND EXTENT OF THE RISKS INVOLVED IN ANY EXERCISE AND LIFESTYLE ACCOUNTABILITY INCLUDING BUT NOT LIMITED TO HEART ATTACK, STROKE, ORTHOPEDIC INJURY, INJURIES CAUSED BY THE USE OF EXERCISE EQUIPMENT AND OTHERS. THESE INJURIES CAN OCCUR SUDDENLY AND WITHOUT WARNING, AND MAY RESULT IN SEVERE BODILY INJURY AND EVEN DEATH. I VOLUNTARILY, FREELY AND EXPRESSLY CHOOSE TO INCUR ALL RISKS, INCLUDING SEVERE BODILY INJURY AND DEATH, ASSOCIATED WITH MY PARTICIPATION IN THE WELLNESS PROGRAM AND BEING A MEMBER OF WORTH THE WORK FITNESS LLC.
b. Release. I FURTHER AGREE THAT MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND/OR ANYONE ELSE CLAIMING ON MY BEHALF HEREBY RELEASE AND FOREVER DISCHARGE WORTH THE WORK FITNESS LLC, AND THEIR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, AND LESSORS (THE “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS OR ACTIONS OR CAUSES OF ACTION, FORESEEN OR UNFORESEEN, WHATSOEVER ARISING OUT OF ANY DAMAGE, LOSS OR INJURY TO ME OR MY PROPERTY, OR MY DEATH, WHILE PARTICIPATING IN THE EXERCISE PROGRAM, WHETHER RESULTING FROM THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, OF ANY OF THE RELEASED PARTIES, OR FROM ANY OTHER CAUSE.
c. Covenant Not to Sue. I, ON BEHALF OF MYSELF AND MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND/OR ANYONE ELSE CLAIMING ON MY BEHALF, AGREE NEVER TO INSTITUTE ANY SUIT OR ACTION AT LAW OR OTHERWISE AGAINST ANY OF THE RELEASED PARTIES, OR TO INITIATE OR ASSIST IN THE PROSECUTION OF ANY CLAIM FOR DAMAGES OR CAUSE OF ACTION WHICH I OR MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND/OR ANYONE ELSE CLAIMING ON MY BEHALF, MAY HAVE BY REASON OF INJURY TO MY PERSON OR PROPERTY, OR MY DEATH, ARISING FROM MY PARTICIPATION IN THE PROGRAM, WHETHER CAUSED BY THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, OF ANY OF THE RELEASED PARTIES, OR FROM ANY OTHER CAUSE. SHOULD ANY SUCH SUIT OR ACTION AT LAW OR OTHERWISE BE INSTITUTED AGAINST ANY OF THE RELEASED PARTIES, I AGREE THAT SUCH RELEASED PARTIES SHALL BE ENTITLED TO RECOVER ATTORNEYS’ FEES AND COSTS INCURRED IN DEFENSE OF SUCH SUIT OR ACTION, INCLUDING ANY APPEALS THEREFROM.
d. Indemnification. I WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LOSSES, CLAIMS, ACTIONS, OR PROCEEDINGS OF EVERY KIND AND CHARACTER, INCLUDING ATTORNEY’S FEES AND EXPENSES, WHICH MAY BE PRESENTED OR INITIATED BY ANY THIRD PARTIES AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM MY PARTICIPATION IN THE EXERCISE PROGRAM, WHETHER RESULTING FROM THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, OF ANY OF THE RELEASED PARTIES OR FROM ANY OTHER CAUSE.
e. Limitation of Liability. I AGREE THAT, SHOULD ANY OF THE ABOVE SECTIONS 8(A) THROUGH 8(D) BE FOUND UNENFORCEABLE FOR ANY REASON, THEN IN THAT EVENT, THE TOTAL ENTIRE LIABILITY BY WORTH THE WORK FITNESS LLC TO MEMBER UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF MEMBERSHIP FEES PAID BY MEMBER DURING THE LAST TWELVE (12) MONTHS OF THIS AGREEMENT.
9. Disclaimer of Warranties. WORTH THE WORK FITNESS LLC DOES NOT WARRANT ITS SERVICES PROVIDED UNDER THIS AGREEMENT AND DISCLAIMS ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS TO PERFORMANCE, QUALITY AND RESULTS, AND ANY REMEDY FOR BREACH OF CONTRACT, WHICH BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WORTH THE WORK FITNESS LLC FURTHER DISCLAIMS ANY RESPONSIBILITY FOR LOSSES, EXPENSES, INCONVENIENCES, SPECIAL, INDIRECT, SECONDARY OR CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER, INCLUDING DAMAGES ARISING FROM MEMBER’S PARTICIPATION IN THE PROGRAM.
10. Miscellaneous
a. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
b. Acknowledgement. Member has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement, Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.
c. Governing Law; Jurisdiction. Any and all questions relating to the validity, interpretation, rights and remedies of the parties under this Agreement shall be decided solely in accordance with the laws of the State of Wyoming, without regard to any conflicts of laws principles that could require application of the laws of any other state. Member agrees, and waives any objections, to exclusive jurisdiction in the federal and state courts of Cheyenne, WY for any disputes arising from this Agreement.
d. Survival. Notwithstanding any termination of this Agreement, Sections 4, 8, 9, and 10 shall survive.
a. Monthly Recurring Membership. $99 per month, paid monthly, on the first day of sign-up and then recurring monthly on that same date, unless other arrangements are made. All contracts are enforceable on a month-to-month basis until the Member cancels. The $99/month rate is applicable as long as the Member is receiving service from Worth the Work Fitness LLC and/or until the Member cancels. To cancel, Members must email: brett@worththeworkfitness.com and cancellations will be made effective in 48-72 hours. A late payment/declined credit card fee of $15 will be charged on any payment past due. Membership fees must be paid on or before the first day of service.
b. 3-Month Membership. $279 one time payment on the first day of sign-up. All contracts are enforceable through the 3-month term of the membership. The membership is applicable as long as the Member is receiving service from Worth the Work Fitness LLC and/or until the 3-month term expires. Membership fees must be paid on or before the first day of service.
b. 6-Month Membership. $549 one time payment on the first day of sign-up. All contracts are enforceable through the 6-month term of the membership. The membership is applicable as long as the Member is receiving service from Worth the Work Fitness LLC and/or until the 6-month term expires. Membership fees must be paid on or before the first day of service.
2. Three-Day Right of Rescission
Members have three days after signing this Agreement to cancel their membership without penalty. If the Agreement is cancelled within three days, WORTH THE WORK FITNESS LLC will return to the Member within thirty days all amounts paid. To cancel, Members must email: brett@worththeworkfitness.com.
3. Intellectual Property Rights
The Site is provided solely for your personal noncommercial use. You may not use the Site or the videos and materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.
4. Conduct
WORTH THE WORK FITNESS LLC is committed to the health, safety, and welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. WORTH THE WORK FITNESS LLC has the right to judge behavior of any Member and respond accordingly in its sole and absolute discretion. This right includes, but is not limited to, cancellation of this Agreement, and termination of the membership of any Member engaging in unacceptable behavior.
5. Refund Policy
Payments shall be made (or has been made) to WORTH THE WORK FITNESS LLC, in the amount of either $99, $249, or $549 upon executing this Contract. Refunds will not be provided for any program/support from WORTH THE WORK FITNESS LLC. We do not provide any other credits, refunds or prorated billing for support that has been cancelled once they have begun or for the cancellation of this Agreement. Each service provider reserves the right to offer refunds, discontinues or other considerations in select circumstances at its sole discretion. If the Member fails to pay for the services when due, WORTH THE WORK FITNESS LLC has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies.
6. Medical
Information exchanged between WORTH THE WORK FITNESS LLC and Member is not medical advice, nor is it nutrition advice. It is not intended to diagnose, cure or treat any current or future medical conditions. It is advised that you consult your physician before starting any type of wellness program which could include, but not be limited to exercise, changes in eating habits and changes in lifestyle habits.
7. Expectation of Results
WORTH THE WORK FITNESS LLC DOES NOT GUARANTEE ANY RESULTS.
8. Release; Assumption of Risk; Covenant Not to Sue; Indemnity.
The Member represents and warrants the following:
a. Assumption of Risk. I KNOW AND UNDERSTAND THE SCOPE, NATURE, AND EXTENT OF THE RISKS INVOLVED IN ANY EXERCISE AND LIFESTYLE ACCOUNTABILITY INCLUDING BUT NOT LIMITED TO HEART ATTACK, STROKE, ORTHOPEDIC INJURY, INJURIES CAUSED BY THE USE OF EXERCISE EQUIPMENT AND OTHERS. THESE INJURIES CAN OCCUR SUDDENLY AND WITHOUT WARNING, AND MAY RESULT IN SEVERE BODILY INJURY AND EVEN DEATH. I VOLUNTARILY, FREELY AND EXPRESSLY CHOOSE TO INCUR ALL RISKS, INCLUDING SEVERE BODILY INJURY AND DEATH, ASSOCIATED WITH MY PARTICIPATION IN THE WELLNESS PROGRAM AND BEING A MEMBER OF WORTH THE WORK FITNESS LLC.
b. Release. I FURTHER AGREE THAT MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND/OR ANYONE ELSE CLAIMING ON MY BEHALF HEREBY RELEASE AND FOREVER DISCHARGE WORTH THE WORK FITNESS LLC, AND THEIR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, AND LESSORS (THE “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS OR ACTIONS OR CAUSES OF ACTION, FORESEEN OR UNFORESEEN, WHATSOEVER ARISING OUT OF ANY DAMAGE, LOSS OR INJURY TO ME OR MY PROPERTY, OR MY DEATH, WHILE PARTICIPATING IN THE EXERCISE PROGRAM, WHETHER RESULTING FROM THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, OF ANY OF THE RELEASED PARTIES, OR FROM ANY OTHER CAUSE.
c. Covenant Not to Sue. I, ON BEHALF OF MYSELF AND MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND/OR ANYONE ELSE CLAIMING ON MY BEHALF, AGREE NEVER TO INSTITUTE ANY SUIT OR ACTION AT LAW OR OTHERWISE AGAINST ANY OF THE RELEASED PARTIES, OR TO INITIATE OR ASSIST IN THE PROSECUTION OF ANY CLAIM FOR DAMAGES OR CAUSE OF ACTION WHICH I OR MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND/OR ANYONE ELSE CLAIMING ON MY BEHALF, MAY HAVE BY REASON OF INJURY TO MY PERSON OR PROPERTY, OR MY DEATH, ARISING FROM MY PARTICIPATION IN THE PROGRAM, WHETHER CAUSED BY THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, OF ANY OF THE RELEASED PARTIES, OR FROM ANY OTHER CAUSE. SHOULD ANY SUCH SUIT OR ACTION AT LAW OR OTHERWISE BE INSTITUTED AGAINST ANY OF THE RELEASED PARTIES, I AGREE THAT SUCH RELEASED PARTIES SHALL BE ENTITLED TO RECOVER ATTORNEYS’ FEES AND COSTS INCURRED IN DEFENSE OF SUCH SUIT OR ACTION, INCLUDING ANY APPEALS THEREFROM.
d. Indemnification. I WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LOSSES, CLAIMS, ACTIONS, OR PROCEEDINGS OF EVERY KIND AND CHARACTER, INCLUDING ATTORNEY’S FEES AND EXPENSES, WHICH MAY BE PRESENTED OR INITIATED BY ANY THIRD PARTIES AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM MY PARTICIPATION IN THE EXERCISE PROGRAM, WHETHER RESULTING FROM THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, OF ANY OF THE RELEASED PARTIES OR FROM ANY OTHER CAUSE.
e. Limitation of Liability. I AGREE THAT, SHOULD ANY OF THE ABOVE SECTIONS 8(A) THROUGH 8(D) BE FOUND UNENFORCEABLE FOR ANY REASON, THEN IN THAT EVENT, THE TOTAL ENTIRE LIABILITY BY WORTH THE WORK FITNESS LLC TO MEMBER UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF MEMBERSHIP FEES PAID BY MEMBER DURING THE LAST TWELVE (12) MONTHS OF THIS AGREEMENT.
9. Disclaimer of Warranties. WORTH THE WORK FITNESS LLC DOES NOT WARRANT ITS SERVICES PROVIDED UNDER THIS AGREEMENT AND DISCLAIMS ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS TO PERFORMANCE, QUALITY AND RESULTS, AND ANY REMEDY FOR BREACH OF CONTRACT, WHICH BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WORTH THE WORK FITNESS LLC FURTHER DISCLAIMS ANY RESPONSIBILITY FOR LOSSES, EXPENSES, INCONVENIENCES, SPECIAL, INDIRECT, SECONDARY OR CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER, INCLUDING DAMAGES ARISING FROM MEMBER’S PARTICIPATION IN THE PROGRAM.
10. Miscellaneous
a. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
b. Acknowledgement. Member has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement, Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.
c. Governing Law; Jurisdiction. Any and all questions relating to the validity, interpretation, rights and remedies of the parties under this Agreement shall be decided solely in accordance with the laws of the State of Wyoming, without regard to any conflicts of laws principles that could require application of the laws of any other state. Member agrees, and waives any objections, to exclusive jurisdiction in the federal and state courts of Cheyenne, WY for any disputes arising from this Agreement.
d. Survival. Notwithstanding any termination of this Agreement, Sections 4, 8, 9, and 10 shall survive.