Terms and Conditions
1 MONTH 1:1 INTENSIVE
Welcome! I am Christie Chiou of Christie Bailey Fitness, LLC and I am looking forward to working with you! Please read this information carefully. The purpose of this Introduction and the attached Agreement is to provide a general description of the Programs available and set forth the procedures for working together so that we both are clear as to what each of our respective roles and responsibilities are and how our communication will take place so that our time will be positive, productive, and comfortable.
The attached Program Agreement (the “Agreement”) will be between my company, Christie Bailey Fitness, LLC of 1800 Jonathan Way, Suite 1410, Reston, VA, 20190 (“Coach” or “me”) and you (“you” or the “Client”).
If you have any questions, please don’t hesitate to email me at email@example.com. Now, Let’s get started!
These Program Descriptions and the information and modules provided to the Client in writing, visually and verbally during the coaching sessions are referred to in the attached Agreement as “Courseware”.
I. Professional 1 Month 1-on-1 Program
A. Services Included
1, 90 minute intensive session
3, 45 minute coaching sessions
Unlimited coaching from me via Voxer
Unlimited feedback on posts, emails, landing pages, etc. via Voxer
Bonus access to any new program or offering that Coach may release while you are enrolled in The Professional 1-on-1 Program.
“Bonus access” does not necessarily mean access to the entire program or offering but sufficient access for Client to gain a meaningful understanding of the new program or offering so Client can determine which program will best serve Client’s needs.
B. Duration of 1-ON-1 Program and Program Fees
Client must agree to a minimum one-month commitment. The monthly fee for the program is five thousand dollars ($5,000), which fee must be paid in advance every 30 days following your enrollment date. Following the initial month, Client may elect to continue enrollment in the Program on a month-by-month basis so long as the monthly fee is paid at or before the beginning of each additional month. If fees are not paid timely, Client’s online access to the Program will be interrupted
If Client elects to enroll in the Program for the initial four month period (and any additional months purchased after the initial fourmonth period), access to Program “Courseware” and/or “Modules” shall be limited to only the topics requested by Client or determined to be needed by Client during the Facebook Live Q&A’s each month. Clients that elect to enroll for a full year and pay their Program Fees in their entirety prior to Program starting will receive access to a broader range of Program “Courseware” and/or “Modules” in addition to topics requested by Client or determined to be needed by Client during the Facebook Live Q&A’s each month.
II. Courses and Workshop Programs
Courses and Workshop Programs
Specific course content and course fees for individual workshops will be provided in email notices or on request.
Audio or video trainings designed to teach the participants relevant information
If the specific program includes a private Facebook group + Q&A option, it will include daily access to me during office hours in that Facebook group for questions, coaching, and feedback
Other course materials such as worksheets, supplementary trainings, and so forth, may be included.
1. During the Program, you can expect that I will:
Be a loving, nonjudgmental listening ear for anything you need support on, whether that be business or personal.
Keep the group at a high vibe standard, and to remove anyone who is bringing that standard down.
My commitment and energy to each person in this group.
To thoughtfully respond to your comments and questions within 24-48 business hours (but typically I'm checking at least once every day).
2. I expect that you will:
Show up on time without distractions and come fully prepared.
Use your best efforts to complete all action steps, these are what will move your business forward.
Promptly provide payment for the Program when you receive an invoice (see payments section).
Be open to new ideas and willing to stretch and grow.
Ask any questions you may have as they arise.
Make this program a top priority in your business and life.
Understand that the power of this coaching relationship can only be granted by you. Commit to make this relationship powerful by communicating openly and doing the work. If you see the relationship is not working as you desire, communicate and take action to restore the power of the relationship.
C. Support and Feedback
Being accessible and attentive to my clients is a priority. My working hours are 8:00am - 5:00pm in the given time zone I am in, weekdays only. You can expect to receive a response to your questions and comments at least once every 24-48 business hours. If I have not responded during that timeframe, I ask that you retag me in the post a second time and gently nudge me, as sometimes posts can get lost in the newsfeed in a highly engaged group such as this one.
For technical support, please always first contact one of my administrative team members at firstname.lastname@example.org
Please note that emails are for general inquiries and quick questions and you will receive brief e-mail responses. If you need to discuss something at length that cannot be worked out via the Facebook group support provided in this offer, I may request you upgrade to a VIP Coaching Session with me.
Anything at depth that you may send for feedback (including web pages, emails (including sequences) may take up to 48 hours to receive feedback.
The Fee for individual Workshop Programs will be provided in Program email notices or on request. The Workshop fee must be paid before the beginning of each Workshop. If fees are not paid timely, Client’s online access to the Workshop will be interrupted.
You agree that you are financially willing and able to invest in this Program by choice, and that by so doing, you are not incurring any economic hardship in any way. If a payment cannot be made, your Program will be put on hold (including during the grace period) and the 2 months to use all sessions stays in place. You may not pause your program to start at a later date. If you choose to discontinue the program and are on a payment plan, you are still responsible for your next month's payment, and if you do not, you acknowledge and agree that your payment obligation may be referred to a collections agency or attorney for collection and that you will be liable not only for the payment but also for Coach’s fees and costs incurred for collection.
E. Refund Policy
I want you to be happy with your Program, however, it is your responsibility to bring up any concerns immediately. I will do my absolute best to run this program in a way that accommodates your needs. However, if you do not address your concerns in a timely fashion, I cannot appropriately address them and I will not be responsible for any complaints.
If for some reason you are not satisfied you may stop the Program at any time, whether or not you have used your full current month. Because we will have invested considerable time and effort in your Program, if you decide to withdraw for any reason, you will remain fully responsible for all payments and the full cost of the Program. To clarify, no refund will be provided for any reason.
If the Coach terminates your Agreement, any outstanding payments for services that already have been provided to date will be due immediately.
III. Program Selection and Payment
The paragraphs at the end of the Program Agreement provide you the opportunity to confirm your agreement to participate the Program and also provide payment instructions.
PLEASE NOTE: Your selection of and payment for a Program indicates that you have read, you understand and agree to the Program Agreement on the following pages.
The Program Agreement begins on the following page
IMPORTANT – PLEASE NOTE: Your selection of and payment for this Program indicates that you have read, you understand and agree to all of the terms and conditions of this Program Agreement.
This Program Agreement (the “Agreement”) is entered into effective the day you purchase your program, between Christie Bailey Fitness, LLC, a Virginia limited liability company (“Coach”), with an address of 1800 Jonathan Way, Suite 1410, Reston, VA, 20190, and the individual identified on and executing the Payment Documents (“Smartcart Documents” to select and pay for the desired Program) ("Client” or “You”). With the approval of Client, Client’s employer or company (“Company”) may also be a Party to this Agreement. Coach, Client and (if approved by Client) Company, may be referred to individually as a “Party” and collectively as the "Parties." In consideration of the mutual representations, promises, and covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows: This Agreement includes this Contract document, the applicable sections of the above Introduction describing the Program which you have selected, the Program Selection and Payment Provisions at the end of this Agreement and the Payment Documents (“Samcart documents”) utilized by Client to select and pay for your desired Program.
General Terms of Agreement
This Agreement confirms the agreement of the Parties that Coach shall make available to Client and Client shall pay for and participate in the Program indicated by Client’s selection of and payment for the Program in accordance with the Program Selection and Payment Provisions at the end of this Agreement.
License for “Courseware” and “Modules”
Coach grants Client a non-exclusive, nontransferable license (“License”) to use the course materials (the "Courseware") for which you are registering and for which you have paid the applicable fees in accordance with the terms of this Agreement. This License is not a sale. Coach retains all title and ownership rights to the Courseware and any related information and documentation. This License allows the use of the Courseware and related information and documentation by only one User. "User" means you, the one individual licensee who has registered with Coach.
Client Conduct Related to License for “Courseware” and/or “Modules”
This Agreement sets forth the terms and conditions governing the use of the Courseware and related information and documentation. You may not remove any proprietary notices, labels, logos on the Courseware or its documentation. You may not sell, rent, lend or otherwise transfer the Courseware or its documentation to any other person or entity. The Courseware contains copyrighted material and other confidential or proprietary material, as defined below. You shall not (and shall not permit anyone else to) copy, reverse engineer, disassemble or otherwise reduce the software used to provide the Courseware to a human-perceivable form, or to modify, network, rent, loan, distribute, or create derivative works based upon the Courseware, any software, information or materials used in connection with the Courseware. You shall not teach a course based on the information or materials contained in the Courseware.
You agree to register in your own name, not to impersonate any other person or entity, and to provide truthful and accurate information.
Additionally, you agree to provide a list of any person or persons approved by Coach who will be included in any group discussion or Q&A.
You certify that you have the necessary age, legal capacity, knowledge and skills required to legally enter into this Agreement.
With respect to your communications with Coach and/or its representative or other users, You agree not to post or transmit through any service connecting you with Coach or such representatives or other users any unlawful, harassing, discriminatory, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to post or transmit any material that constitutes or encourages criminal conduct, gives rise to civil liability or otherwise violates any applicable local, state, national or international laws, rules or regulations. You agree not to post or send transmissions through Coach or its services or facilities, which attempt to hide your identity or represent yourself as someone else. You shall not interfere with another user's use and enjoyment of the information and services available in the Courseware or on the Coach’s website or otherwise available through Coach.
Terms and Termination of this Agreement
The term of the Program is as indicated in the selected Program Description. If You would like to discontinue your monthly payments at any time, You must provide notice to Coach via email (email@example.com) at least 30 days prior to the desired Termination Date (“Termination Date” means the date when all Program Services and/or access to Coursework and/or Modules will conclude). Client is responsible to pay the Program Fees for the 30-day period following notice and failure to take advantage of Program Services during this time does not excuse Client’s responsibility to pay such Program Fees.
The Parties recognize, acknowledge and agree that, as a result of this Agreement and access to and participation in the selected Program, each may have access to certain Confidential Information (as defined below) of the other and that such information constitutes valuable, special and unique property of the Party originally holding such information (the “Disclosing Party”) or those persons or entities with whom the Disclosing Party has business or personal relationships (its “Affiliates”). Each Party acknowledges that the Confidential Information is and shall remain the exclusive property of the Disclosing Party or its Affiliates. Each Party (a “Receiving Party”) which receives Confidential Information from a Disclosing Party agrees that it will not at any time disclose any Confidential Information to anyone outside the Disclosing Party or utilize any Confidential Information for the Receiving Party’s own benefit (except for the purposes for which the Program is provided) or the benefit of any third party without the prior written consent of the Disclosing Party. Each Party agrees that all memoranda, disks, files, notes, records or other documents or media of any type which contain Confidential Information, whether in electronic form or hard copy, and whether created by the Disclosing Party or others, that may have come into Receiving Party’s possession, shall be and remain the exclusive property of the Disclosing Party or its Affiliates. Each Party further agrees that the foregoing restrictions shall apply whether or not such information is marked “Confidential,” “Proprietary” or otherwise. For purposes hereof, “Confidential Information” shall mean and include all information, whether written or oral, tangible or intangible, of a private, secret, proprietary or confidential nature, of or concerning the Disclosing Party or any of its Affiliates or their respective business or operations, including without limitation any trade-secrets or know-how, any technique, process or methodology, any sales, promotional or marketing plans, programs, techniques, practices or strategies, any expansion plans (including existing and entry into new markets), any operational or management guidelines, any cost, pricing or other financial data or projections, the identity and background of any customer, consultant, prospect, supplier, officer, employee, or investor, and any other information that is to be treated as confidential because of any duty of confidentiality owed by the Disclosing Party or its Affiliates to a third Party or any other information that the Disclosing Party or its Affiliates shall, in the ordinary course of business, possess or use and not release externally without restriction on use or disclosure. Notwithstanding the foregoing, the term “Confidential Information” shall not include information which (a) was known by the Receiving Party prior to its affiliation with the Disclosing Party, (b) becomes available to Receiving Party from a source other than the Disclosing Party, its Affiliates or Parties with whom the Disclosing Party or its Affiliates does business that is not bound by a duty of confidentiality to the Disclosing Party, its Affiliates or such other Parties, or (c) becomes generally available or known in the industry other than as a result of its disclosure by Receiving Party. In the event that Receiving Party becomes, on the advice of counsel, legally obligated to disclose any Confidential Information other than to the Disclosing Party or its Affiliates, Receiving Party will provide the Disclosing Party with prompt written notice thereof so that the Disclosing Party or its Affiliates may seek a protective order or other appropriate remedy, and Receiving Party will cooperate with and assist the Disclosing Party and its Affiliates in securing such protective order or other remedy. In the event that such protective order is not obtained, or that the Disclosing Party or its Affiliates waives compliance with the provisions of this Section to permit a particular disclosure, Receiving Party will furnish only that portion of the Confidential Information which Receiving Party is, on the advice of counsel, legally required to disclose.
Disclaimer of Warranty
You expressly acknowledge and agree that the use of the Courseware and Program is at your sole risk. The Program Services and any related Courseware and information are provided "AS IS" and without warranty of any kind. Information regarding any third Party services included in this package is provided without warranty by Company and will be governed solely by the terms agreed upon between you and the third Party providing such services.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, CHRISTIE BAILEY FITNESS, LLC AND ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. CHRISTIE BAILEY FITNESS, LLC AND ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES AND LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTY THAT THE INFORMATION CONTAINED IN THE COURSEWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION AND/OR DELIVERY OF THE PROGRAM SERVICES AND COURSEWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COURSEWARE WILL BE CORRECTED. FURTHERMORE, CHRISTIE BAILEY FITNESS, LLC AND ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES AND LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM SERVICES AND COURSEWORK IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHRISTIE BAILEY FITNESS, LLC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CHRISTIE BAILEY FITNESS, LLC, ITS AFFILIATES OR THEIR SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, EVEN IF CHRISTIE BAILEY FITNESS, LLC OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. IN NO EVENT SHALL CHRISTIE BAILEY FITNESS, LLC’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY CLIENT FOR THE PROGRAM COURSEWARE.
You agree to indemnify and hold Coach, its parents, subsidiaries, affiliates, shareholders, Members, directors, officers and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any person or entity including by third Party resulting from or arising out of your use of the Program, the services of Coach (or the services by persons using your password), your violation of this Agreement, or the infringement by you, or other users of our services using your computer or password, of any intellectual property or other right of any person or entity.
No Waiver or Assignment.
No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Coach, and no single waiver will constitute a continuing or subsequent waiver. This Agreement may not be assigned, sublicensed or otherwise transferred by you, by operation of law or otherwise, without Coach’s prior written consent.
This Agreement, including any operating rules and policies of Coach, constitute the entire agreement between Client and Coach with respect to the supply and use of the Program and Courseware and supersedes all prior agreements between Client and Coach. No amendment or modification hereof will be valid or binding upon either Party unless made in writing and signed by the authorized representatives of both Parties. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the Parties, and the remainder of the provisions will remain in full force and effect. Waiver by either Party of a breach of any provision of this Agreement or the failure by either Party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
Client agrees to comply with all applicable laws, statutes, ordinances, and regulations and Coach rules and policies regarding use of the Program, the Courseware, Coach’s Web Site and purchase of the services on the Website. The laws of the Commonwealth of Virginia will govern interpretation and enforcement of this Agreement. Client hereby consents to personal jurisdiction in the federal and state courts of Virginia for any action arising out of or relating to this Agreement, the Program, the Courseware and the Coach’s Web site. In any such action, the prevailing Party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and nontaxable, and reasonable attorneys' fees.
By indicating its agreement to this Agreement as provided for below, Client hereby authorizes Christie Bailey Fitness, LLC to accept all correspondence transmitted by Client via electronic mail from the e-mail address identified in Client’s application, as a valid electronic message from Client until Client notifies Coach in writing that its e-mail address is changed.
Client further agrees that Client will not allow another person to utilize Client’s e-mail signature and Client agrees that Coach shall have no liability for the event or the consequences of another Party gaining access to Client’s e-mail account, and electronically impersonating Client. Client also understands and agrees that Client is not guaranteed confidentiality of information that is transmitted electronically (by e-mail or by FAX), by Client, Coach or others. In the event that Client requests, either by electronic signature or in writing, that confidential information be transmitted, Client releases Coach from all liability related to the release of the requested information. By agreeing to this Agreement and paying for the Program, as indicated below, Client releases Christie Bailey Fitness, LLC from any responsibility or liability for consequences pertaining to this request.
Dispute Resolution: If the Parties should have any differences related to this Agreement, the Program or the Courseware, they agree to first attempt to resolve them out amiably through e-mail correspondence. However, if resolution cannot be reached in 14 days, it is agreed that that the only method of legal dispute resolution that can be used is binding arbitration using the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a single arbitrator, jointly selected by both Parties within ten (10) days of a Party’s written demand for arbitration to the other, unless otherwise agreed in writing (or if is no agreement on the arbitrator, appointed by the AAA). Client specifically understands and agrees that the maximum remedy that can be awarded to Client through arbitration is the full refund of Client’s Payments made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to Client. The Parties agree that the decision of the arbitrator is final and binding,and may be entered as a judgment into any court having the appropriate jurisdiction. Client also agrees that should arbitration take place, it will be held in the County of Fairfax in the State of Virginia and the prevailing Party shall be entitled to all reasonable attorney fees and all costs necessary to enforce the decision of the arbitrator.
Non-Disparagement: Client agrees to not make, publicly or privately, in any media whatsoever, any negative, disparaging or critical comments about the Program, Coach, the Coach’s business or Christie Chiou, or to communicate with any other individual, company or entity in a way that disparages the Program or harms the Coach’s business or reputation in any way, including on social media. In arbitration or when required by law, of course, Client not prohibited from sharing Client’s thoughts and opinions, but only to the extent legally required.
PROGRAM SELECTION AND PAYMENT PROVISIONS
If you have decided to participate in the PROFESSIONAL 1-on-1 PROGRAM (The Driven Mastermind), please click on the following link to be taken to your Checkout page where you will be able to select the Program; confirm that you have read, understand and agree to the terms of the Program Agreement; select payment plan and provide necessary information to pay for the Program:
[CHRISTIE, PLEASE INSERT LINK FOR 1 ON 1 PROGRAM]
Again, Please Recall: Your selection of and payment for a Program indicates that you have read, you understand and agree to the Program Agreement set forth above.