TEAMSAM FITNESS, LLC
You (as the “Client”) are enrolling in the Nourish 12-Week Program (the “Program”) offered by Samantha Alday and TeamSam Fitness, LLC (TSF). You understand and agree that the Program is conducted online as independent self-study and it is your sole responsibility to engage and participate in the Program.
Description of Services. TSF shall provide Client with the following coaching services (“Services”): (a) Access to the TSF Membership portal; (b) Access to the TSF Nourish Facebook Group.
Term. This Agreement is valid as of the date client registered and will be in effect for three (3) consecutive months.
Schedule and Fees. Initial payment for services must be made in full at the beginning of the term or, upon approval and agreement by TSF and Client agrees to two (2) additional, consecutive payments automatically drafted by the financial account provided by the Client at registration. Concurrent with the initial payment, TSF will provide the Client with instant access to both the TSF Nourish membership portal and Facebook group. Continued access to these TSF sites is contingent upon payment. No refunds will be issued.
Termination During Agreements’ Term. Client acknowledges and agrees that if Client terminates this Agreement during any applicable Term, Client is immediately responsible for payment in full of the applicable fees for the remainder of the month contract.
Disclaimer. Client acknowledges that TSF’s Services do not constitute counseling services and are not a substitute for professional medical care and is not a guarantee of any specific weight loss or health results or success. Client understands and acknowledges that the coaching process is dependent upon Client’s own ability to implement her choices and those choices are exclusively Client’s responsibility.
CLIENT WAIVER & RELEASE OF ALL CLAIMS
As the Client, I hereby accept all risks associated with my participation in nutrition and/or exercise programs being offered by Samantha Alday and TeamSam Fitness, LLC. In consideration of using the services of Samantha Alday and TeamSam Fitness, LLC, their employees, including any other officers, agents, contractors, affiliates, or volunteers (“RELEASEES”) from any and all responsibility or liability from injuries or damages to my person or personal property resulting from or connected with my participation in any of the fitness exercise programs being offered by RELEASEES whether arising from the active or passive negligence of RELEASEES or otherwise.
I further acknowledge and understand that Samantha Alday and TeamSam Fitness, LLC, contractors, affiliates, and other employees are not licensed dietitians or physicians and that any information or guidelines provided by Samantha Alday and TeamSam Fitness, LLC, its associates, coaches, contractors, affiliates, or other employees carries no warranty of any kind, expressed or implied, including, but not limited to, warranties regarding safety or suitability for a particular purpose.
Samantha Alday and TeamSam Fitness, LLC, its contractors and employees will implement the most effective principles to help the participant achieve his or her goals within their scope of practice, but cannot guarantee that its products or workouts will be safe, effective or suitable for everyone. For that reason, all such products, services, programs, techniques and materials embodied in such products and services, are offered without warranties or guarantees of any kind, expressed or implied, and Samantha Alday and TeamSam Fitness, LLC and its employees disclaim any liability, loss or damages that may result from their use.
I have read this document in its entirety and agree to adhere to all its precepts, as well as all other terms and conditions of Samantha Alday and TeamSam Fitness, LLC’s programs. I understand the risks and benefits of the programs and any questions I may have had have been answered to my satisfaction. Upon participation, I do hereby discharge, release and hold harmless RELEASEES from any and all liability for damage claims or losses of any kind or character whatsoever resulting from any injury or condition I may suffer, or resulting from my participation.
This agreement is intended to be broad and inclusive and shall be governed by and construed in accordance with the laws of Alabama. If any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Governing Law: It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Alabama, without regard to the jurisdiction in which any action or special proceeding may be instituted. Any lawsuit under this Agreement must be brought in the state or federal courts in Washington County, Alabama.
In signing this Waiver and Release of All Claims, I acknowledge and represent that I am 18 years of age or older, that I have read and understand the contents of this document, and that no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made. I also agree, for myself and my successors, that the above representations are not mere recitals and that they are binding.
COPYRIGHT and LICENSE FOR USE OF PRODUCTS
All Products available for sale or included, including both Digital and Hard-Copy Products, were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. This includes all resources provided within the Products, including, but not limited to, meal plans, challenges, or workouts.
Unless otherwise stated, TSF owns the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved.
ACCESS TO NOURISH PROGRAM MATERIALS
To access the TSF or Nourish Products, you will receive a login to the TSF membership portal via email, as well as instructions to download and use the third party App. This login is personal to you only. Sharing your login information is strictly prohibited.
YOUR MEMBERSHIP NOURISH VIP (if purchasing the Nourish VIP offer)
Membership term is month to month and begins at membership registration. Client agrees to consecutive monthly payments (determined at registration) by automatically draft of the financial account provided by the Client at registration until membership is cancelled by the Client. Cancellation must be given no later than 14 days before renewal and provided in writing. Cancellation removes access to Nourish Digital Products, deactivation of login credentials to the membership portal and access to the Nourish Facebook group.
GRANT OF RIGHTS
You grant TSF a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to TSF. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant TSF the right to sub-license these rights and the right to bring an action for infringement of these rights.
DUTY TO READ
By completing purchase, I accept that under this agreement, I have a duty to read these terms of participation policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.