CLIENT hereby retains BEE CAVE SYSTEMS, as an independent contractor, to design the SERVICES for CLIENT, including a weight management program, to enhance the health and fitness of CLIENT, and to meet the health and fitness goals of CLIENT.
2. DUE DILIGENCE BY CLIENT
CLIENT acknowledges that he/she has provided BEE CAVE FITNESS with all background information, including appropriate medical history, which may be necessary to prepare, formulate and perform the SERVICES for CLIENT. CLIENT agrees that he/she shall use his/her best efforts to comply with the diets, programs, schedules and reccomendations made by BEE CAVE FITNESS as part of the SERVICES. CLIENT expressly warrants and affirms to BEE CAVE FITNESS that he/she has obtained appropriate medical clearance to participate in the diet, exercise and training programs compromising the SERVICES.
3. ASSUMPTION OF RISK/WAIVER OF LIABILITY
CLIENT understands and acknowledges that participation in any diet, exercise and training program carries with it the inherent risk of bodily injury and/or illness. CLIENT agrees that he/she will forever release and hold BEE CAVE FITNESS harmless from and against any and all claims, whether for personal injuries, illness or otherwise, arising from the SERVICES, and that he/she shall not in any way seek to hold BEE CAVE FITNESS liable for any and all such claims.
4. NOT A SUBSTITUE FOR MEDICAL TREATMENT
CLIENT understands and acknowledges that the SERVICES, including the weight management program, are not in any way intended to function as a substitute for medical treatment and/or advice from CLIENT'S own physician.
5. CONFIDENTIALLY AND NON-DISCLOSURE
CLIENT acknowledges and agrees that any and all information disclosed or provided by BEE CAVE FITNESS to CLIENT in connection with the SERVICES is strictly confidential in nature, and constitutes proprietary work product owned by BEE CAVE FITNESS. The SERVICES shall be utilized by CLIENT for the sole purpose of the weight management program and will not be disclosed, or permitted to be disclosed via the internet in any manner, including Forum Journals, Web Blogs, Personal Websitesor Commercial Websites, through literary publication, or otherwise, to any person or entity except as otherwise set forth herein. CLIENT acknowledges and agrees that he/she shall forever maintain as confidential, and that he/she shall not disclose to any third party (other than to a treating physician of CLIENT), any of the information, schedules, diets, recommendations and/ordetails concerning the SERVICES. CLIENT acknowledges and agrees that his/her duty of confidentiality and non-disclosure pursuant to this Agreement shall survive completion, cancellation, termination or cessation of the SERVICES. CLIENT acknowledges that he/she shall not knowingly or carelessly disclose, cause to be disclosed, or assit in disclosing or otherwise using or disseminating any information disclosed or provided by BEE CAVE FITNESS to CLIENT in connection with the SERVICES. CLIENT acknowledges and agrees to take reasonable measures to prevent unauthorized persons or entities from having access to, obtaining or being furnished with, the information and details comprising or related to the SERVICES.
6. IMMEDIATE RIGHTS TO TERMINATE SERVICES
CLIENT acknowledges and agress that BEE CAVE FITNESS shall be entitled to immediately cease and terminate the SERVICES, without notice, in the event CLIENT discloses, or causes to be disclosed, to any third person or entity any information or details comprising or concerning the SERVICES, and in such event BEE CAVE FITNESS shall be entitled to retain any and all remaining funds paid by CLIENT in consideration for the SERVICES, and BEE CAVE FITNESS shall also be entitled to seek appropriate legal recourse against CLIENT.
7. INDEMNITY FOR BREACH OF AGREEMENT
CLIENT agrees to indemnify and hold harmless BEE CAVE FITNESS for any and all losses, claims, damages, attorney's fees, judgements or liability arising from CLIENT'S breach of this agreement.
8. NO UNWRITTEN WAIVER EFFECTIVE
No waiver of any breach, failure of any condition, or any right to remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitue a continuing waiver unless the writing so specifies.
If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision.
10. CANCELLATION POLICY
CLIENT understands that CLIENT'S contract is for a minimum of 12 weeks, it does not end automatically and that it will continue on indefinitely on a month to month basis until CLIENT cancels it providing 30 day written notice by filling out a cancellation request form. Cancellation will be denied should the last 30-day payment be returned. If the payment is denied or returned for any reason CLIENT is aware that CLIENT must resubmit a new cancellation request by starting over. CLIENT is also aware that CLIENT will be subject to any and all fees associated with the denial (NSF or Chargeback fees) and that CLIENT will be subject to another 30 day notice payment. CLIENT is aware that CLIENT is solely responsible for understanding the process for canceling CLIENT'S membership as stated above. CLIENT understands that CLIENT cannot contact an employee by phone to request a cancellation. CLIENT will take full responsibility for CLIENT'S cancellation.
Freeze Option- In the event of an unforeseen complication or emergency, BEE CAVEF FITNESS will allow a member to freeze an account up to 6 months per calendar year for a fee of $8 bi-weekly. CLIENT is aware that an account must be current in order to be placed on a freeze and an account may not be frozen when a request for cancellation is submitted. In other words a full final payment must be made at the time of the request. Freeze requests must be made 10 days prior to the current billing cycle; otherwise the freeze cannot go into effect until the following billing cycle.
11. BEECAVE FITNESS AND INDEPENDENT CONTRACTOR
With regard to performance of the SERVICES and all matters referenced in this Agreement, BEE CAVE FITNESS shall at all times be an independent contractor. Nothing in this Agreement, or any actions taken pursuant to this Agreement, shall be deemed to create any express or implied employment or agency relationship between CLIENT and BEE CAVE FITNESS. Neither party to this Agreement shall have the authority to legally bind the other, except as otherwise set forth herein.