*GROUP PROGRAM AGREEMENT- PERFORM
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:
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:
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.
The Company requests the Client to:
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.
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.
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:
(2) Running Programs:
(2) Cardio Programs:
* 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Agreement may not be assigned by either of the Parties without the express, written consent in advance of the other Party.
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.
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- PERFORM
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