User Agreement for All Shape Up Ltd
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING All Shape Up Ltd’s PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH All Shape Up Ltd.
BY ACCEPTING COACHING SERVICES, YOU ACKNOWLEDGE THAT:
This Agreement (“Agreement”) is a legal contract between All Shape Up Ltd, located at 39 Hemsby Road, Castleford, West Yorkshire, WF105EF (“All Shape Up Ltd”), and member (“YOU”, an individual), (collectively the “Parties”).
WHEREAS, ALL SHAPE UP LTD is engaged in this business of weight loss and exercise coaching services; and
WHEREAS, YOU desire to engage ALL SHAPE UP SERVICES to provide weight loss and fitness coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation;
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Service and Program Fees
1.1. Coaching Services: Under the terms of this Agreement, ALL SHAPE UP LTD agrees to provide weight loss coaching services to YOU in the form of online training and weight loss coaching and evaluation in exchange for a Service Fee. Service Fees will be determined according to paragraph 1.2. below. Your access to trainings and services is made conditional on payment of such Service Fee.
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become a client of All Shape Up Ltd.
1.1.3. Termination: ALL SHAPE UP LTD may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2. Service Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay ALL SHAPE UP LTD through one of the following options:
For business coaching services (one 45 Minute GAMEPLAN Call upon receival of initial payment, one 45 Minute GAMEPLAN Call every 30 days, and one 25 minute weight loss “UNSTUCK” coaching call once per month) and access to and use of ALL SHAPE UP LTD programs and online training, and ongoing monthly coaching services via email, phone, and video conference.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of Coaching Services offered by ALL SHAPE UP LTD, YOU affirmatively agree and acknowledge that ALL SHAPE UP LTD may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such coaching service(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such coaching service(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
1.4. No Refunds: ALL SHAPE UP LTD abides by a strict no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by ALL SHAPE UP LTD. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.
SECTION 2: No Warranties
2.1. Success not Guaranteed : By accepting the terms of this Agreement, YOU agree and understand that ALL SHAPE UP LTD provides Program(s) related to weight loss coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone's success is different, and dependent on factors such as your own drive, dedication, and motivation. Any examples of weight loss or testimonials are not meant as a promise or guarantee of your own weight loss or success. Please be aware that you may experience weight gain by using the Program. In other words: we do not guarantee results, you are responsible for your own success, and there is an inherent risk you may increase in weight, as with any weight loss program.
2.2. Limited Liability: In no event will ALL SHAPE UP LTD be liable to YOU or any party related to you for any damages, including damages for any injuries sustained, whether under a theory of contract, warranty, tort (including negligence), product liability or otherwise, even if ALL SHAPE UP LTD has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.3. Commitment: By accepting the terms of this Agreement, YOU commit and also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorised users, who have duly obtained access to any services offered by ALL SHAPE UP LTD by personally agreeing to the terms of this Agreement are permitted use and participate with such services.
3.2 Intellectual Property: YOU acknowledge and agree that, as between YOU and ALL SHAPE UP LTD, ALL SHAPE UP LTD and its third-party licensors own and shall continue to own all right, title, and interest in and to the associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Any and all trademarks or service marks that ALL SHAPE UP LTD uses in connection with the services rendered by ALL SHAPE UP LTD are marks owned by ALL SHAPE UP LTD. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1. Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold ALL SHAPE UP LTD, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and ALL SHAPE UP LTD concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with ALL SHAPE UP LTD relating to the Program, whether oral or written.
4.4. Amendment: ALL SHAPE UP LTD reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at https://allshapeup.com/terms-and-conditions.php
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with English law. The venue for any dispute shall be in England.
4.6. Attorneys' Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.