PLEASE READ THE FOLLOWING CAREFULLY. UNDER THIS AGREEMENT, YOU ARE RELINQUISHING CERTAIN RIGHTS AND ACCEPTING CERTAIN OBLIGATIONS.
Client understands that under the terms of this Agreement, BIKINI BOSS FITNESS LLC obligates itself to furnish Client with instruction and facilities for training sessions. All sessions are created by personnel who are trained in the procedures of the BIKINI BOSS FITNESS LLC program.
After agreeing to purchase and signing this Agreement, you are agreeing to pay the full balance for the full term. BIKINI BOSS FITNESS LLC programs are non –refundable, no exceptions.
BECAUSE OF THE NATURE AND FORMAT OF THIS PROGRAM, ONCE YOU LOGIN, ALL OPTIONS ARE NON-REFUNDABLE
PHYSICAL AND MENTAL FITNESS: Client acknowledges that engaging in client training entails rigorous cardiovascular exercise and strenuous physical activity that involves physical contact and has a potential for bodily injury. Client hereby represents that the Client is physically and mentally fit to participate in a course of instruction.
Attendance of training sessions/practices per week is required. Client recognizes it is the Client’s responsibility to attend sessions based on their schedule. It is further understood that the Client is obligated to make payment whether or not the Client attends training sessions. Client further understands that failure to complete the training sessions does not relieve Client of obligations to pay the tuition in full, except as otherwise provided herein. BIKINI BOSS FITNESS LLC is not obligated to refund any amounts paid by the Client under this Agreement, unless agreed to in writing at the inception of this Agreement and signed by BIKINI BOSS FITNESS LLC.
Client understands and agrees to observe all the rules and regulations relative to training, including the use of protective equipment and clothing generally accepted by the fitness industry. This equipment and clothing may help to minimize the possibility of accident or injury, however, BIKINI BOSS FITNESS LLC does not warrant the adequacy or suitability of the protective equipment, regardless of whether any such clothing or protective equipment was purchased and/or provided by BIKINI BOSS FITNESS LLC.
Client agrees that BIKINI BOSS FITNESS LLC has the right to dismiss any client at any time for misconduct or actions which BIKINI BOSS FITNESS LLC deems inconsistent with the philosophy or practices, of BIKINI BOSS FITNESS LLC or if Client puts others at an increased risk due to emotional or physical reasons. Upon dismissal, BIKINI BOSS FITNESS LLC will issue a prorated refund based on the actual time used.
Client understands that any instruction at BIKINI BOSS FITNESS LLC is based wholly upon theory, therefore, Client will hold BIKINI BOSS FITNESS LLC free from any representation or warranty, express or implied, with respect to the results the Client may achieve from instruction provided by BIKINI BOSS FITNESS LLC. Moreover, nutrition all consulting and recommendations relative to the use of supplements are also based wholly on theory and for educational purposes and Client further agrees to hold BIKINI BOSS FITNESS LLC free from any representation or warranty express or implied, with respect to the effects of such supplements and Client agrees to consult with their own physician prior to commencing supplement programs.
Client agrees to preserve the confidentiality of Bikini Boss Fitness’s trade secrets and confidential information that client acquired, if any, from BIKINI BOSS FITNESS LLC during the course of Clients membership (“Proprietary Information”). The term “Proprietary Information” shall mean any and all confidential or proprietary knowledge, data, or information of BIKINI BOSS FITNESS LLC, and by way of illustration, but not limitation, includes (a) trade secrets, inventions, ideas, processes, formulas, data, programs, other works of authorship, know-how, discoveries, developments, designs and techniques (hereinafter collectively referred to as “Inventions”), including but not limited to workouts, Workout and nutritional regiments, and nutrition plans; and (b) information regarding plans for research, development, new products, marketing and selling, business plans, suppliers, vendors, and customers; and (c) information regarding the skills, compensation and other personnel information of other Clients, compensation plans or strategies. Proprietary Information shall not include (i) information in the public domain; (ii) information which someone generally working in the industry, but not working for BIKINI BOSS FITNESS LLC, would know; or (iii) information of which Client was aware prior to Client’s membership with the BIKINI BOSS FITNESS LLC or would have learned from sources other than BIKINI BOSS FITNESS LLC.
Client will be expected not to use or disclose any proprietary information of BIKINI BOSS FITNESS LLC to which the Client has an obligation of confidentiality. Rather, the Client will be expected to use only that information which is generally known or used by persons with training and experience comparable to the Client’s own, which is common knowledge in the industry or otherwise legally in the public domain, or which is otherwise provided or developed by the company.
Client agrees that all Bikini Boss Fitness-related business procured by the Client, and all Bikini Boss Fitness-related business opportunities and plans made known to the Client during the Clients’s membership with BIKINI BOSS FITNESS LLC, are and shall remain the permanent and exclusive property of BIKINI BOSS FITNESS LLC, and are subject to the enforcement provision of the Bikini Boss Fitness’s
Proprietary Information Agreement.
UNFAIR COMPETITION. Client further acknowledges and agrees that the unauthorized use, sale, or disclosure of any of Bikini Boss Fitness’s proprietary information, constitutes unfair competition within the meaning of that term under Florida law. Client further agrees that any disclosure in violation of this provision shall cause immediate and irreparable harm to BIKINI BOSS FITNESS LLC for which there is no adequate remedy at law. Therefore, Client further agrees and understands that in the event BIKINI BOSS FITNESS LLC initiates a legal proceeding to enforce this provision regarding proprietary information non-disclosure, upon a showing of such disclosure, BIKINI BOSS FITNESS LLC shall be entitled to immediate injunctive relief without posting of a bond, in addition to any other available remedies. Client agrees that this remedy is adequate and without prejudice to any other rights and remedies that the Company may have for a breach of this provision. In the event such action is instituted, the prevailing party shall be entitled to recover from the other, his/its reasonable attorney’s fees and costs incurred in such action.
Waiver and Release – Media Consent Form
I understand by checking the box below that I am authorizing Bikini Boss Fitness LLC. (hereinafter called “The Company”) to use my statement, results, & photos (hereinafter called the “testimonial”) to be used in connection with publicizing and promoting the company. I authorize the company to use my first name, brief biological information, and the testimonial as defined on this form. I hereby irrevocably authorize the company to copy, exhibit, publish, or distribute the testimonial for purpose of publicizing the company’s programs or for any other lawful purpose. The testimonial may be used in printed publications, multimedia representations, on websites, or in any other distribution media. I agree that I will make no monetary or other claim against the company for the use of my testimonial. In addition, I waive the right to inspect or approve the finished product, including written copy wherein my testimonial appears. I hereby hold & release the company from all claims, demands, and causes of actions which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf, or on behalf of my estate, have or may have by reason of this authorization.