WAIVERS & DICLAIMERS

BY PURCHASING ANY OF OUR MEMBERSHIPS OR PRODUCTS YOU AGREE TO OUR THE CONTENTS OF THIS WAIVER. BETTER WITH BALANCE, ITS MEMBERS, OWNERS, DIRECTORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE USE OF OUR SERVICES.

INTRODUCTION:

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.

CONDITIONS:

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.

DEFINITIONS:

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.

EFFECTIVE DATE:

This agreement shall commence on the date of accepting these terms and conditions

TERMINATION:

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.

SUPPLIER’S RESPONSIBILITIES

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:

  • Virtual OR home based private personal training sessions, the quantity of these sessions will depend on the package purchased
  • Access to our comprehensive membership site which includes:
  • Progress Tracking
  • Calorie calculator
  • Lessons videos
  • Downloadable PDFs
  • Recipe downloads

THE CLIENT RESPONSIBILITIES:

  • The Client shall ensure that all information provided to the Supplier is true and correct.
  • The Client acknowledges that there will be a commitment to a 3 month minimum contract with the Supplier.
  • The Client acknowledges that no refunds will be provided by the Supplier once a programme has been purchased.
  • The Client acknowledges that the Supplier will not be held accountable or responsible for any injuries caused during any of the services provided.
  • The Client acknowledges that all activities participated in are done at the Clients’ own risk and that the Client accepts full responsibility for the Clients’ own health and safety.
  • The Client acknowledges and agrees that a 4 (four) hour notice must be provided prior to cancelling any private sessions.
  • The Client acknowledges and agrees that all catch up sessions need to be completed prior to the end of the prescribed package, i.e. within 4 (four) weeks of the start date.
  • The Client acknowledges and agrees that immediate payment is required upon completion of all prescribed packages and that late payments, (7 days and after) will be charged at 10% interest on the following months’ package.
  • The Client acknowledges and agrees that 30 days notice is required to cancel any contract via e-mail. Should the Supplier not receive written cancellation, then the Client is liable for payment of the following months’ session.
  • The Client acknowledges and agrees that at no point are they allowed to downgrade their package without providing 30 days (thirty days) written notice.

 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 Road
Broadacres, Fourways
Johannesburg
Date of Birth – 29/06/1994
E-mail Address – michaela@betterwithbalance.co.za

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.

WHOLE AGREEMENT

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.

SEVERABILITY

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.

COSTS

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.

CONTRA PREFERENTUM

The principle of contra preferentum would not apply to this agreement.

 

INTRODUCTION

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.

CONDITIONS

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.

DEFINITIONS

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.

EFFECTIVE DATE:

This agreement shall commence on the date of the challenge start date. 

TERMINATION:

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.

Any changes to this agreement must be agreed in writing by the Client and the Supplier and signed by both parties.

SUPPLIERS RESPONSIBILITIES

  • We must hold you to a higher standard than you hold yourself, and keep you accountable to your best results.
  • We must coach you across your entire coaching program
  • We must give you access to our online coaching program
  • We must listen to you. We will be accessible and respond to your questions in 24 hours or less.
  • We must give you the latest strategies, tactics and tools in an easy to use how to format that makes implementation a breeze.
  • We must treat you with class and care in every interaction and work to bring out your best.
  • We must apologize if we ever let you down and do our best to make it right
  • We must not let you off. Because if we let you off, we let you down.
  • We must respect our scope of practice and not advise you on an area we are not qualified to deal with.

CLIENTS RESPONSIBILITIES

  • The client shall accept our liability waiver first before you can be accepted and start our online coaching process.
  • The client ackmowledges that there will be a minimum commitment of an 8 week contract with the supplier.
  • The client acknowledges that no refunds will be provided by the supplier once the program has been purchased and the client has not implemented the necessary steps.
  • The client acknowledges that the supplier will not be held accountable or responsible for any injuries caused during any of the services provided.
  • The client acknowledges that all activities participated in are done at the clients own risk and that the client accepts full responsibility for the clients own health and safety.
  • The client acknowledges and agrees that immediate payment is required upon completion of the first 4 weeks of the challenge when opting for a payment plan.
  • The client must understand that any information you receive during the program is purely educational and not instructive or prescriptive. If you choose to implement any of the education, it is solely at your responsibility and the coaches of Better with Balance will not be held responsible or liable
  • The cleint must understand that any changes you make to your diet, exercise, lifestyle etc. during your coaching period are YOUR responsibility and MUST be discussed fully with your medical care team prior to implantation.
  • The client must be aged 18 + years with full mental capacity
  • The client must have a computer, smartphone or tablet to send emails, upload photos and communicate electronically
  • The cleint must have a Facebook and instagram account for live workouts.
  • The client must be committed to following a program that involves daily tracking and weekly reporting of: Training regime,nutritional intake, sleep, lifestyle and progress.
  • The client must communicate with us via Whatsapp or the private coaching group.
  • The client must not contact us regarding your coaching over social media.
  • The client must have access to basic exercise equipment such as an exercise mat and set of dumbbells.
  • The client must appreciate that building a great looking body is achieved by being consistently good rather than occasionally brilliant.
  • The client must be honest when you slip up and don’t follow your plan
  • The client must promise to send us a ton of referrals.
  • The cleint must promise to be nice, have fun and help other members in the private coaching group.
  • The client must be quick to ask for help
  • The client must commit to building a new you.
  • The client  must understand that we do not offer refunds once programs have been purchased.

PAYMENT AND FEES

Payment Plan

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 agrees to follow their respective calorie targets and input the data onto myfitnesspal
  • The client acknowledges and agrees to upload their respective starting progress photos, measurements and weight by day 3 of the start date and on a weekly basis there after.
  • The client acknowledges and agrees to follow the welcome pdf and implement the tools they learn.

The client acknowledges and agree to tick off their accountability checks daily which include:

  • I reached my 10 000 step goal
  • I completed my workout
  • I drank 3L of water

The client acknowledges and agrees to the following checks

  • Submit measurments, progress photos and feedback form on a weekly basis.
  • Complete at least 3 workouts per week – either the live workouts or prerecordings

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 days (twnenty 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.

WHOLE AGREEMENT

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.

SEVERABILITY

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.

COSTS

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.

CONTRA PREFERENTUM

The principle of contra preferentum would not apply to this agreement.

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.