This Group Program Agreement (hereinafter referred to as the “Agreement”) is made and entered into on the date of purchase (hereinafter referred to as the “Effective Date”), by and between Allison Tenney Fitness, LLC (hereinafter known as the “Company”) and the individual purchasing The Den program (hereinafter referred to as the “Client”). Together, the Company and the Client are collectively referred to herein as the “Parties.”
WHEREAS, the Company provides online strength and conditioning (“Services”); and
WHEREAS, the Client wishes to retain the Company and accepts the terms of the Agreement as set forth herein for the Company to provide such Services.
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agree as follows:
The Company agrees to provide online strength and conditioning coaching for The Den (hereinafter referred to as the “Program”).
The Program includes:
The Client can ask questions or receive email support by contacting Allison Tenney at allison@allisontenneyfitness.com.
The Program will commence on the date of the Client’s purchase (“Start Date”) and will continue on a monthly recurring basis until cancelled after the 3 month minimum time period by either party. Payments will be automatically processed on a monthly basis starting from the date of purchase.
The Client understands that the Company is a Personal Trainer.
The Company is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with their physician before implementing changes or habits suggested by the Company. The Client confirms that s/he has or will discuss any and all changes to their diet, exercise regimen, supplements, medications, or lifestyle with their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to their lifestyle. The Client understands that the Company is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist.
Further, the Company has not promised, nor shall they be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in their life.
The Company requests the Client to:
The Program is 3 months minimum. The Client will AUTOMATICALLY be enrolled in month-to-month after the 3 month minimum period and begins on date of purchase from the website (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.
The Company is committed to providing the Client with a positive experience in the Program. By agreeing to and signing the Agreement, the Client understands that the Company may, in its sole discretion, terminate the Agreement and limit, suspend, and/or terminate the Client’s participation in the Program without a refund or forgiveness of monthly payments if the Client becomes disruptive or violates any term of the Agreement.
If the Client chooses to terminate the Agreement at any time, no refunds will be issued.
The Client agrees to pay for The Den program as follows:
The Den:
DIY Den:
The Client agrees not to dispute charges or initiate chargebacks. If a chargeback is initiated, the Company reserves the right to:
The Client shall pay via credit card, or ACH (Automated Clearing House) Bank transfer through payment processor Stripe starting the date of purchase (the “Term”). Payments are made on a monthly and ongoing basis.
The Client acknowledges and agrees that enrollment in The Den requires a minimum commitment of either three (3) months or twelve (12) months, depending on the chosen payment plan. By purchasing the Program, the Client agrees to the following payment terms:
The Den:
DIY Den:
The Client agrees to pay for the Program regardless of the Client’s level of participation or completion of the Program.
The Client understands that no refunds, credits, or cancellations will be issued once the Program has begun, and that all payments are non-refundable and non-transferable.
The Client may not terminate the Agreement or cancel payments before the completion of the initial 3-month commitment. After the initial 3-month period, the Client’s enrollment will automatically continue on a month-to-month basis, and the Client may cancel at any time thereafter in accordance with the termination policy outlined in Section 4.
The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, Stripe) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.
Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.
Material given to the Client in the course of the Program is proprietary, copyrighted and developed specifically for and by the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.
The Company’s Program is copyrighted and the original materials that have been provided to the Client are for the Client’s individual use only and are granted as a single-user license. The Client is not authorized to re-sell, share, or use for profit any of the Company’s intellectual property. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted nor implied.
Further, by signing below, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
The Client acknowledges and agrees that all content, materials, resources, and intellectual property provided by Allison Tenney Fitness in connection with The Den, DIY Den, or any other program (the “Program Materials”) are the exclusive property of Allison Tenney Fitness. The Program Materials, including but not limited to training programs, worksheets, guides, videos, and any related content, are protected by copyright, trademark, and other intellectual property laws.
The Client agrees that they will not, under any circumstances:
Any violation of this section will result in the immediate termination of access to the Program, and the Client will be held liable for any damages arising from such violation, including but not limited to legal fees, fines, and any lost revenue resulting from the infringement of intellectual property rights.
Client agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, employees, representatives, successors, independent contractors, and assigns from all direct and third party claims, demands, losses, causes of action, damages, lawsuits, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Company.
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Georgia. The arbitration hearing shall be held in the state of Georgia. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Company.
This Agreement shall be governed by the laws of the state of Georgia. Any action brought by any party arising out of or from these Terms shall be brought within the Georgia, County of Cobb.
The Agreement constitutes the entire agreement between the Parties with respect to their relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth by writing, specifying such waiver, consent, or amendment, signed by both parties.
The headings of Sections in the Agreement are provided for convenience only and shall not affect its construction or interpretation.
The Agreement may be executed in one or more counterparts (including by means of mail or electronic mail/e-mail via PDF), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
The provisions of the Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of the Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed a waiver of any further right pursuant to the Agreement.
The Agreement may not be assigned by either of the Parties without the express, written consent in advance of the other Party.
In the event that any cause beyond the reasonable control of either of the Parties, including, but not limited to: acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
The Client understands and agrees that the Client is 100% entirely responsible for their progress and results experienced from the Program. The Company will help guide and support the Client, but the Client’s participation in, and dedication to, the Program is one of many vital elements to the Program’s success.
The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Client’s performance, results, income, revenue, or success. The Client understands that due to the nature of the Program, the results experienced by each Client may vary. The Company does not make any guarantees other than that the Services offered in the Program shall be provided to the Client in accordance with the terms of the Agreement.
The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client’s participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of their likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share their name or identifying information.
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