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AT HOME & VIRTUAL PERSONAL TRAINING WAIVER
The Client has elected to acquire from the Supplier the services as set out herein and the Supplier has agreed to provide the services to the Client in accordance with the terms and conditions of this agreement.
This document provides for a Service Level Agreement between the Supplier and the Client.
This Agreement does not limit the Client from utilising any other service providers should the client deem it necessary to do so.
All definitions are provided in the context and for the purpose of this service level agreement.
Services: the services provided by the Supplier (Trainer) and set out in detail in this agreement.
“Parties” mean the parties to this agreement, being the Supplier and the Client.
The clause headings in this agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
This agreement shall be governed by, construed, and interpreted in accordance with the laws of the Republic of South Africa. Any reference to any statute, regulation or other legislation shall be a reference to that statute, regulation or other legislation as at the signature date and as amended or substituted from time to time.
If any provision in any of the aforesaid definitions is a substantive provision conferring rights or imposing obligations on any party, then effect shall be given to such provision as if it were a substantive provision in the body of this agreement.
This agreement shall commence on the date of accepting these terms and conditions
The Service Level Agreement period shall endure for a period of 3 (three) months from the effective date, and will continue thereafter until such time as either party terminates the agreement by giving the other party 30 days (thirty days) written notice to terminate.
Should either party not wish to continue this agreement after the initial period, such party must advise the other party thereof, in writing, no later than 30 days (thirty days) prior to the end of the initial period.
Should either party wish to renegotiate the terms and conditions of this agreement for renewal purposes, such changes must be communicated to the other party, in writing, no later than 30 days (thirty days) prior to the end of the initial period
Any changes to this agreement must be agreed in writing by the Client and the Supplier and signed by both parties.
The Supplier warrants that it has qualified personnel and facilities to provide the services required by the Client, as set out in this agreement.
List of services include:
THE CLIENT RESPONSIBILITIES:
DOMICILIA CITANDI ET EXECUTANDI:
The parties choose as their domicilium citandi et executandi for all purposes arising out of this agreement the following addresses:
The Supplier (Better With Balance):22 Pine RoadBroadacres, FourwaysJohannesburgDate of Birth – 29/06/1994E-mail Address – email@example.com
All notices that are required to be given in terms of this agreement shall be in writing and addressed to the other party at its chosen domicilium citandi et executandi by prepaid registered post or by telefax and shall be deemed to have been received 7 (SEVEN) days after date of posting if sent by registered post and shall be deemed to have been received on the next business day after telefax transmission if sent by telefax.
Either party may change its domicilium at any time on condition that an address is selected within the Republic of South Africa.
PAYMENT AND FEES:
The monthly service fee shall amount to the package chosen by the client for the duration of this Service Level Agreement payable by the 26th of each month. This fee shall include all services rendered as stated on clause 6 above.
No refunds will be provided once the programme has been purchased.
Full payment is required prior to the commencement of all sessions.
Programme cancellations are only permitted on the 4th month of the programme wherein any earlier cancellations will be invoiced for the full duration (3 months) of the programme. The client will be responsible for the full duration payment should the client cancel the programme without a valid reason.
CONSENT TO JURISDICTION:
The Parties hereby consents in terms of section 45(1) of the Magistrate’s Court Act No 32 of 1944, as amended, in respect of any proceedings which may be instituted against it and/or them by Supplier arising out of or in connection with this agreement, to the jurisdiction of any Magistrate’s Court which at the time of the proceedings has jurisdiction over it in terms of section 28(1) of the Magistrates Courts Act.
TERMINATION AND BREACH:
Without prejudice to the party’s rights in terms of this agreement or in law, any party to this agreement shall have the right to terminate this agreement forthwith by notice if:
Any party fails to pay any amount owing to the other on due date and fail to make such payment within 21 (twenty one) days of receipt of written demand thereof from such party;
Any of the parties are unable to pay its debts, commits any act of insolvency as described in the Insolvency Act, 1936, or application is made for the surrender, sequestration, liquidation or winding-up of its estate;
If the Supplier does or allows to anything to be done which in the Client’s opinion will or may have the effect of negatively impacting the operation and/or quality services, and fails to remedy such breach within 30 (thirty) days of receipt of written demand to that effect from the Client;
The Supplier is unable to provide the service to the Client for more than 30 (thirty) consecutive days; or
Any party commits a breach of any of the terms or conditions of this agreement and fails to remedy such breach within 14 (fourteen) days after dispatch of a notice by the aggrieved party to the defaulting party requesting the defaulting party to remedy such breach.
The terms and conditions of this agreement constitute the entire agreement between the parties and shall supersede all representations, proposals or prior agreements, oral or written, and all other communications between the parties relating thereto.
In the event of any one or more of these terms and conditions being unenforceable, it shall be severable and divisible from the remainder of this agreement and if unenforceable for any reason whatsoever, that term and/or condition shall not affect the validity of the remainder of this agreement which will nevertheless be binding and enforceable.
In the event of Supplier having to refer the matter to its attorneys for collection of any overdue moneys or for any claim whatsoever, the Supplier undertakes to bear and be liable for all legal charges incurred by Client on attorney and own client scale and shall be further liable for collection charges payable by Client to its attorneys and for any tracing charges and other disbursements incurred by Client in tracing or endeavouring to trace the Supplier or the equipment.
The principle of contra preferentum would not apply to this agreement.
TRANSFORMATION CHALLENGE WAIVER
Here is what we feel we owe to each other. It’s what we want our relationship with you to be based on. There are many things you can expect from us. If you have any concerns at all, we are happy to discuss what you feel would be fair.
This document provides for a Service Leel Agreement between the Supplier and the Client.
This agreement does not limit the Client from utilizing any other service providers should the client deem it necessary to do so.
All definitions are provided in the contect and for the purpose of this service level agreement.
Services: The services provided by the Supplier (Trainer) are set out in detail in this agreement.
“Parties”mean the parties to this agreement, being the Supplier and Client
The clause headings in this agreement havve been inserted for convenience only and shall not be taken into account in it’s interpretation.
The agreement shall be goerened by, construed, and interpreted in accordance with the laws of the Republic of South Africa. Any reference to any stature, regulation or other legislation shall be a reference to that stature, regulation, or other legislation as at the acceptance date and as amended or substituted from time to time.
If any provison in any of the aforesaid defintions is a substantive proision conferring rights or imposing obligations on any party, then the effect shall be given to such provision as if it were a substantive provision in the body of this agreement.
This agreement shall commence on the date of the challenge start date.
The Service Level Agreement period shall endure for a period of 8 weeks from the effective date, and will continue thereafter until such time as either party terminates the agreement by failing to resign up for the 8 week challenge.
Should either party wish to renegotiate the terms and conditions of this agreement for renewal purposes, such changes must be communicated to the other party, in writing, no later than 7 days (seven days) prior to the end of the initial period.
PAYMENT AND FEES
The client will be required to pay R1750.00 upfront and R1750.00 one month (4 weeks) into the 8 week challenge for Lean Queen.
The client will be required to pay R1000.00 upfront and R1000.00 one month (4 weeks) into the 8 week challenge for Get Queen.
The client will be required to pay R1500.00 upfront and R1500.00 one month (4 weeks) into the 8 week challenge for Stay Lean.
Full payment is required prior to commencement of the remaining 4 weeks of the program.
Failure to produce payment will result in a 10% surcharge for every week that the payment is delayed.
TERMS AND CONDITIONS (14 DAY MONEY BACK GUARENTEE)
The following terms and conditions will apply with regards to the 14 day money back guarentee for qualified transformation challenge participants only.
The client acknowledges and agree to tick off their accountability checks daily which include:
The client acknowledges and agrees to the following checks
Any party fails to pay any amount owing to the other on due date and fail to make such payment within 21 days (twnenty one) days of receipt of written demand thereof from such party;
I am not a doctor or a dietician. The information I provide is based on my personal experience, and my experience as a coach. Any recommendations I may make about weight training, nutrition, supplements or lifestyle, or information provided to you in person or in this book should be discussed between you and your doctor. The information you receive in my emails, programs, services and products do not take the place of professional medical advice.
This document is for Educational and Informational purposes only. While I draw on my prior professional expertise and background in many areas, you acknowledge that I am supporting you in my roles exclusively as a Better with Balance coach only. I provide information covering but not limited to diet, training and lifestyle.
I aim to accurately represent the information provided in our e-mails, programs, services, and products. You are acknowledging that you are participating voluntarily in using any of my e-mails, programs, services, and/or products, and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (born and unborn, as applicable), and all decisions now or in the future.
Before starting any new diet and exercise program please check with your doctor and clear any exercise and/or diet changes with them before beginning. I am NOT a doctor, nutritionist or registered dietitian. I, Michaela Mallett or Better with Balance do not claim to help cure any condition or disease. I do not provide medical aid or nutrition advise for the purpose of health or disease nor do I claim to be a doctor or dietitian.
Any product recommendation is not intended to diagnose, treat, cure, or prevent any disease. My statements and information have not necessarily been evaluated by the Food and Drug Administration.
I expressly disclaim responsibility to any person or entity for any liability, loss, or damage caused or alleged to be caused directly or indirectly as a result of the use, application or interpretation of any material provided to you as the client.
Individual results are not guaranteed and may vary. I cannot and do not guarantee that you will attain a specific or particular result, and you accept the risk that results differ for each individual. The health, fitness, and nutrition success depends on each individual’s background, dedication, desire, and motivation. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.
All rights reserved. No part of this book may be reproduced, sold or used in any manner without written permission of the copyright owner. This is a single person license and the content cannot be shared with other individuals who have not purchased the book.
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