*GROUP PROGRAM AGREEMENT - 13.1 Intermediate 4 Month Subscription


This Group Program Agreement (hereinafter referred to as the “Agreement”) dated (hereinafter referred to as the “Effective Date”), made by and between Little Lyss Fitness, LLC (hereinafter known as the “Company”) and (hereinafter referred to as the “Client”). Together, the Company and the Client are collectively referred to herein as the “Parties”. 

WHEREAS, the Company provides resistance training, running programs, fitness  training, exercise programs (“Services”); and 

WHEREAS, the Client wishes to retain the Company and accepts the terms of the  Agreement as set forth herein for the Company to provide such Services. 

NOW THEREFORE, in consideration of the mutual covenants stated herein, the  Parties agree as follows: 

  1. DESCRIPTION OF SERVICES 

The Company agrees to provide coaching membership for the The Lyss Method (1) and/or  TLM running programs (2) or cardio and/or on demand workout library (3)  (hereinafter referred to as the “Program”). The Program  includes: 

  • (1) The Program runs in 1, 3, 6 or 12 months intervals until canceled by the client  and begins on the following sign up. Monthly membership service giving you access to any of 5 programs (BEGIN, BUILD, METCON, PERFORM,  or RACE, running programs and/or cardio programs) with freedom to  switch between as desired. This includes any additional programs that we launch in the future that do not fall under the names listed above (i.e., SUMMIT, LIFESTYLE, etc). The Lyss Method V2 (Everfit) app log in, portal, video library and workout access. All client educational resources sent to you across the program.  The Client can ask questions or receive email support by contacting Alyssa Olenick at hello@doclyssfitness.com or directly within the app.

  • (2) The Program runs in 4, 8 or 12 months intervals until canceled by the client  and begins on the following sign up. (2) Monthly membership service gives you access to any of the Running programs (5k, 10k, 13.1, 26.2, 50k, 50mi, 100k, off season and any future additional programs) with freedom to switch between as desired. The Lyss Method V2 (Everfit) app log in, portal, video library and workout access. All client educational resources sent to you across the program.  The Client can ask questions or receive email support by contacting Alyssa Olenick at hello@doclyssfitness.com or directly within the app.

  • (3) Cardio and/or on demand workout library. The Program runs in 1, 3, 6 or 12 months intervals until canceled by the client  and begins on the following sign up. Monthly membership service giving you access to any of our on demand cardio and/or on demand workout programs. The Lyss Method V2 (Everfit) app log in, portal, video library and workout access. All client educational resources sent to you across the program.  The Client can ask questions or receive email support by contacting Alyssa Olenick at hello@doclyssfitness.com or directly within the app. 

 

  1. DISCLAIMER 

The Client understands that the Company is an Exercise Physiologist and Fitness Coach.  

The Company is not a nutritionist, therapist, or licensed medical professional, and therefore  the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food  intake, exercise regimen, or medical treatment with his/her physician before implementing  changes or habits suggested by the Company. The Client confirms that s/he has or will  discuss any and all changes to his/her diet, exercise regimen, supplements, medications, or  lifestyle with his/her physician or qualified medical professional before implementing any  suggested or offered changes, additions, or alterations to his/her lifestyle. The Client  understands that the Company is not a nutritionist, physician, medical professional, and/or a  psychotherapist or psychologist.  

Further, the Company has not promised, nor shall she be obligated to: (1) act as a therapist  by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist  anyone with a serious medical condition to resolve, manage, or improve that medical  condition, and/or (3) assist anyone not under the care of a physician or medical professional  while implementing healthy changes in his/her life. 

  1. EXPECTATIONS 

The Company requests the Client to: 

  • Submit all program adjustment or switching requests no later than the Thursday before desired changes are made. Otherwise, there may be a delay in program adjustments or app add’s.
  • Self-cancel before or submit all program cancellation requests within at least/no  later than 7 days prior to next payment withdrawal date.  
  • Understand this is not a 1:1 coaching service, there are no check ins, individual  coaching, individual nutrition advice, lifting video analysis or similar. 
  • Clients understand a 24-72 hour delay in question responses. 
  • To be respectful, polite and not inappropriate to other members and coaches in the app messaging boards or direct messages.
  • Understand they can have no more than 1 lifting program and/or 2 running programs at any one time in the app

  1. TERM 

The Lifting and Cardio Program(s) are A Recurring Subscription (1, 3, 6, or 12 months) and Begins on The day  After Signup (the “Term”) for TLM Run Programs are A Recurring Subscription (4, 8, or 12 months) and Begins on The day  After Signup (the “Term”). The  Client understands that the Parties do not have a relationship after the end of the Program.  If the Parties choose to continue their relationship in any way, a separate and distinct  agreement will be entered into and agreed upon.  The Client understands that they lose access to all program(s) or training resources within The Lyss Method App V2 (everfit) upon termination of their subscription and the program. The Client understands that if they want to switch between program tiers in the middle of a term, they are subject to paying for the new term or tier and will be refunded (5-10 business days) for the differences of their remaining term. 

  1. TERMINATION 

The Company is committed to providing the Client with a positive experience in the  Program. By agreeing to and signing the Agreement, the Client understands that the  Company may, in its sole discretion, terminate the Agreement and limit, suspend, and/or  terminate the Client’s participation in the Program without a refund or forgiveness of  monthly payments if the Client becomes disruptive or violates any term of the Agreement. The Client understands that if they want to switch between program tiers in the middle of a term, they are subject to paying for the new term or tier and will be refunded (5-10 business days) for the differences of their remaining term. 

If the Client chooses to terminate the Agreement at any time, no refunds will be issued. 

  1. PAYMENT 

The total price of the Program is listed below by product or service of choice. The client shall pay via their Everfit app with an automatic draft taken monthly on the date of their  original purchase. You may move between these payment options at the end of any billing period. Please contact us no later than 7 days before your payment due date to switch your payment or subscription. The Client understands that if they want to switch between program tiers in the middle of a term, they are subject to paying for the new term or tier and will be refunded (5-10 business days) for the differences of their remaining term. 

(1) Lifting + Run and/or Programs: 

  • Promotional Pricing*
  • TLM Month to Month: $89/month 
  • TLM 3 month Subscription: $215/every 3 months 
  • TLM 6 month Subscription: $425/every 6 months 
  • TLM 12 month Subscription: $845/every 12 months 
  • Student Pricing**
      • TLM Month to Month: $70/month

  • Regular Pricing
    • TLM Month to Month: $89/month 
    • TLM 3 month Subscription: $225/every 3 months 
    • TLM 6 month Subscription: $445/every 6 months 
    • TLM 12 month Subscription: $890/every 12 months

(2) Running Programs: 

  • Promotional Pricing*
  • Running Program 4 Month Subscription: $90/every 4 months
  • Running Program 8 Month Subscription: $170/every 8 months
  • Running Program 12 Month Subscription: $250/every 12 months

  • Promotional Pricing – Prior run plan owners ***
  • Running Program  12 Month Subscription: $110/every 12 months

  • Regular Pricing
    • Running Program  4 Month Subscription: $110/every 4 months 
    • Running Program  8 Month Subscription: $200/every 8 months 
    • Running Program  12 Month Subscription: $280/every 12 months

(2) Cardio Programs: 

  • Promotional Pricing*
      • Cardio Month to Month: $20/month

  • Regular Pricing
    • Cardio Month to Month: $25/month 

* Promotional Pricing or discounts only valid for a limited time during any promotional period set forth by the company. Promotional pricing is only valid if you stay in the program with no lapse in payment. If you leave and come back to the program Regular Pricing will apply. 

** Student Pricing is only valid when correct documentation is provided. Please fill out the Student Discount Request Form and submit the required documentation to be eligible for this rate. All those at the Student Pricing will be required to submit new verification every 6 months for the subsequent semester. Failure to submit the correct documentation will result in being billed at Regular Pricing.

*** Promotional Pricing or discounts only valid for a limited time for prior run plan owners for the duration set forth by the company. Promotional pricing is only valid if you stay in the program with no lapse in payment. If you leave and come back to the program Regular Pricing will apply. 

  1. REFUND POLICY 

The Client is responsible for the full payment, regardless of whether the Client completes or  participates fully in the Program. NO REFUNDS will be issued once the Program begins.  

  1. CONFIDENTIALITY 

The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to  disclose, reveal or make use of any information learned by either party throughout the Term  of the Program (“Confidential Information”). Confidential Information includes, but is not  limited to, information disclosed in connection with this Agreement, and shall not include  information rightfully obtained from a third party. Both Parties shall keep all Confidential  Information strictly confidential by using a reasonable degree of care, but not less than the  degree of care used by it in safeguarding its own Confidential Information. The obligation of  the Parties hereunder to hold the information confidential does not apply to information that  is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all  Confidential Information learned as of the Effective Date shall survive the termination,  revocation, or expiration of the Agreement. 

Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with  prompt notice of such requirement prior to the disclosure, and (ii) give the Company all  available information and assistance to enable the Company to take the measures  appropriate to protect the Confidential Information from disclosure. 

  1. NON-DISCLOSURE OF COMPANY MATERIALS

Material given to the Client in the course of the Program is proprietary, copyrighted and  developed specifically for and by the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly  prohibited. 

The Company’s Program is copyrighted and the original materials that have been provided  to the Client are for the Client's individual use only and are granted as a single-user license. The Client is not authorized to re-sell, share, or use for profit any of the Company’s  intellectual property. All intellectual property, including the Company’s copyrighted  program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted nor implied. 

Further, by signing below, the Client agrees that if the Client violates, or displays any  likelihood of violating, any of the Client’s agreements contained in this paragraph, the  Company will be entitled to injunctive relief to prohibit any such violations and to protect  against the harm of such violations. 

  1. INDEMNIFICATION 

Client agrees to indemnify and hold harmless the Company, its affiliates, officers, directors,  agents, employees, representatives, successors, independent contractors, and assigns from  all direct and third party claims, demands, losses, causes of action, damages, lawsuits,  expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted  against the Company, by any third parties that result from the errors, negligence, acts,  and/or omissions of the Client and/or the Company.  

  1. ARBITRATION

Any controversy or claim between the Parties shall be settled by arbitration before a single,  mutually agreed upon arbitrator under the then current rules of the American Arbitration  Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall  appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral  arbitrator to hear the matter. The decision and award of the arbitrator shall be final and  binding and the award so rendered may be entered in a state court of Georgia. The  arbitration hearing shall be held in the state of Georgia. Each party shall pay its own costs  and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The  arbitrator will have no authority to award punitive or other non-compensatory damages to  either party. No damages excluded by or in excess of any damage limitations set forth in  this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any  amount paid to the Company. 

  1. APPLICABLE LAW + VENUE 

This Agreement shall be governed by and construed and enforced in accordance with the  laws of the State of Georgia, United States as they apply to contracts entered into and 

wholly to be performed in the State of Georgia, United States. The Federal and State courts  within the State of Georgia, United States shall have exclusive jurisdiction to adjudicate any  dispute arising out of or from this Agreement. 

  1. ENTIRE AGREEMENT; AMENDMENT; HEADINGS 

The Agreement constitutes the entire agreement between the Parties with respect to their  relationship, and supersedes all prior oral or written agreements, understandings and  representations to the extent that they relate in any way to the subject matter hereof.  Neither course of performance, nor course of dealing, nor usage of trade, shall be used to  qualify, explain, supplement or otherwise modify any of the provisions of this Agreement.  No amendment of, or any consent with respect to, any provision of this Agreement shall  bind either party unless set forth by writing, specifying such waiver, consent, or amendment,  signed by both parties.  

The headings of Sections in the Agreement are provided for convenience only and shall not  affect its construction or interpretation. 

  1. COUNTERPARTS 

The Agreement may be executed in one or more counterparts (including by means of mail  or electronic mail/e-mail via PDF), each of which shall be deemed an original, but all of  which together will constitute one and the same instrument. 

  1. SEVERABILITY 

The provisions of the Agreement shall be deemed severable, and the invalidity or  unenforceability of any provision shall not affect the validity and enforceability of any other  provision hereof. If any Section, subsection, sentence, or clause of the Agreement shall be  adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall  have no effect on the Agreement as a whole or on any Section, subsection, sentence, or  clause hereof not expressly so adjudged.  

  1. WAIVER 

The waiver or failure of the Company to exercise waiver in any respect, for any right  provided herein, shall not be deemed a waiver of any further right pursuant to the  Agreement. 

  1. NO ASSIGNMENT 

The Agreement may not be assigned by either of the Parties without the express, written  consent in advance of the other Party. 

  1. FORCE MAJEURE 

In the event that any cause beyond the reasonable control of either of the Parties, including,  but not limited to: acts of God, war, curtailment or interruption of transportation facilities,  threats or acts of terrorism, State Department travel advisory, labor strike or civil 

disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable  increased costs or risk of injury, for either Party to perform its obligations under the  Agreement, the affected Party’s performance shall be extended without liability for the  period of delay or inability to perform due to such occurrence. 

  1. NO GUARANTEES, WARRANTIES OR REPRESENTATIONS 

The Client understands and agrees that the Client is 100% entirely responsible for  his/her/their progress and results experienced from the Program. The Company will help  guide and support the Client, but the Client’s participation in, and dedication to, the Program  is one of many vital elements to the Program’s success.  

The Company has not and does not make any warranties, guarantees, or representations,  verbally or in writing, regarding the Client’s performance, results, income, revenue, or  success. The Client understands that due to the nature of the Program, the results  experienced by each Client may vary. The Company does not make any guarantees other  than that the Services offered in the Program shall be provided to the Client in accordance  with the terms of the Agreement.  

 

I HEREBY CERTIFY THAT I, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT  AS STATED ABOVE. 

 

Alyssa Olenick (on behalf of Little Lyss Fitness, LLC)

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Document name: *GROUP PROGRAM AGREEMENT - 13.1 Intermediate 4 Month Subscription
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February 23, 2022 12:02 pm EDT*GROUP PROGRAM AGREEMENT - 13.1 Intermediate 4 Month Subscription Uploaded by Alyssa Olenick - hello@littlelyssfitness.com IP 68.187.218.109
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