My Breakthrough Academy, The 5 1/2 Day Diet, The Metabolism Reset Plan, The 90 Day Weight Loss Challenge, The 3 Day Diet, (hereinafter referred to as The Programs), are divisions of Health & Fitness Systems, LLC (Company) of Orange County, Florida.
1) You agree that you are responsible for full payment of fees for the programs offered through Health & Fitness Systems, LLC, a division of Health & Fitness Systems, LLC, regardless of whether you actually take part in or complete the Program. To further clarify, no refunds will be issued and all payments must be made on a timely basis.
2) Termination. We are committed to providing all Program participants with a positive Program experience. By registering for the Program, you agree that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Program without refund if you become disruptive or difficult to work with, if you fail to follow the Program guidelines, or if you impair the participation of Program instructors or participants in the Program.
3) Refunds. There are no refunds available after the first delivery of the product has been sent to the email address that you have used for payment or requested the information be sent to.
4) Confidential Information. We respect your privacy and must insist that you respect the privacy of fellow Program participants. By registering, you agree not to violate the publicity or privacy rights of any Program participant. We respect your confidential and proprietary information, ideas, plans and secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow Program participants. By registering, you agree:
(1) not to infringe any Program participant’s, Health & Fitness Systems, LLC copyright, patent, trademark, trade secret or other intellectual property rights,
(2) that any Confidential Information shared by Program participants or any representative of Health & Fitness Systems, LLC is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or Health & Fitness Systems, LLC
(3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions.
You also agree
(4) that in the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other. By registering, you further agree that
(5) all materials and information provided to you by Health & Fitness Systems, LLC are its confidential and proprietary intellectual property, belong solely and exclusively to Health & Fitness Systems, LLC and may only be used by you as authorized by same, and
(6) the reproduction, distribution and sale of these materials by anyone but Health & Fitness Systems, LLC is strictly prohibited. Further, by registering, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this paragraph, Health & Fitness Systems, LLC and/or other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
5) Intellectual Property. Company makes no claims for the Intellectual Property of Client. Client maintains full rights to their intellectual property created through the duration of this Program.
6) Representations. We have made every effort to accurately represent the Program and its potential. Claims of actual results can be verified and examples of actual results can be provided upon request. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. By registering, you acknowledge that as with any fitness endeavor, there is an inherent risk and there is no guarantee that you will have desired results as a result or your participation in the Program. By signing below, you also acknowledge that you have represented to the Company that payment of your Program membership fees will not place a significant financial burden on you or your family.
7) Disclaimer. The Program is an unsupervised endeavor therefore the Company cannot be held liable for any injury as a result of participating in the program. All exercise, nutrition and information is safe and when done in accordance with instructions will not cause harm.
(1) By registering, you agree that you will consult medical professionals for your ability to take part in this health and fitness program.
(2) The Program instructors are not qualified to provide legal, tax, accounting or financial advice, and the information provided to you by the Program instructors is not intended as such. You should refer all legal, tax, accounting, and financially related inquiries to appropriately qualified professionals.
8) Arbitration. Any controversy or claim arising out of or related to this Agreement or the breach thereof, which the parties hereto are unable to resolve after at least thirty (30) days of good faith negotiations or a formal mediation shall be settled, except as may otherwise be provided herein, by binding arbitration in accordance with Florida State Law and the arbitration award may be entered as a final judgment in any court having jurisdiction thereon.
9) Governing Law. This Agreement has been executed and delivered in the State of Florida and the laws of such state shall govern its validity, interpretation, performance and enforcement.
10) Limit of Liability. The Liability borne by Company, its employees, agents, associates, successors, assigns, and legal representatives under this Agreement is limited in direct proportion to the compensation paid to Company under this
Agreement, and shall not, under any condition, exceed the amount already paid to Company at the time of any such claim, demand or cause of action whatsoever.
11) Non-Compete. For so long as client is working with Company and for a period of twelve (12) months after termination of contract with Company for any reason (to be known as the “Noncompeting Period”), Client shall not directly or indirectly solicit any employee of Company for employment elsewhere (i.e., employment with any person or entity other than Company).
12) Entire Agreement. This Agreement contains the entire understanding between the parties hereto and supersedes any and all prior agreements between you and the Company.