- By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, enteringyour credit card information, or otherwise enrolling, electronically, verbally, or otherwise,you (“Client”) agree to be provided with products, programs, or services byCHRISTIESEAVER(“Coach”), acting on behalf ofD4 PILATES(“Company”), and you are enteringinto a legally binding agreement with the Company, subject to the following terms and conditions:
- Upon execution of this Agreement, electronically, verbally, orotherwise, the Coach agrees to provide services in accordance with theBALLET-LATES®program (“Program/Course”).
- The scope of services rendered by the Coach pursuant to this contractshall be solely limited to those contained therein and/or provided for on Coach’sWebsite BALLETLATES.NET as part of the Program.
- Coach reserves the right to substitute services equal to or comparableto the Program for Client if reasonably required by the prevailing circumstances.
- Client agrees to be open, present and prepared to complete the work.Client is responsible for his/her own success and implementation of objectives met.
- The content included in the Program is for your individual, non-commercial use. Client agrees not to share login details and/or Program materialswith any third parties.
- Coach reserves the right to remove Client from Program at any timefor any reason.
- The Program includes the following:
- BALLET-LATES® LIVE STREAM CLASSES
- BALLET-LATES® WEEKLY WORKOUTS
- BALLET-LATES® BONUS MATERIAL
- METHODOLOGY. Client agrees to be open minded to Coach’smethods and partake in services as proposed. Client understands that Coach hasmade no guarantees as to the outcome of the coaching sessions or Program.Coach may revise methods or parts of the Program based on the needs of theClient.
- PAYMENT AND REFUND POLICY.
- Upon execution of this Agreement, Client agrees to pay to theCoachthe full purchase amount.
- Coach does not offer refunds to ensure that clients are fullycommitted to the Program.
- Credit Card Authorization (if applicable for payment plan).Each Party hereto acknowledges that Coach will charge the credit cardchosen by the Client for the amounts specified onthe website. If Clientselects a payment plan option, Client agrees to pay fees to the
Coachaccording to the payment schedule set forth on Coach’swebsite, orotherwise provided to Client, and the payment plan selected by Client (the“Fee”).•In theevent Client fails to make any of the payments within apayment plan during the time prescribed, Coach has the right to immediatelydisallow participation by Client until payment is paid in full, includingdisallowing access to modules, materials, and coaching calls. If Client hasnot paid within fourteen (14) days, Coach has the right to terminateagreement.•DISCLAIMERS. By participating in the Program, Client acknowledgesthat the Coach is not a medical doctor, psychologist, and his/her/their servicesdonot replace the care of other professionals. Health coaching is in no way to beconstrued or substituted as psychological counseling or any other type of therapy oradvice.The Coach may provide the Client with information relating to products thatthe Coachbelieves might benefit the Client, but such information is not to be taken as anendorsement or recommendation. The Coach may make dietary and/or lifestylesuggestions, but these are wholly the Client’s responsibility and choice on whether toimplement such changes. The Coach is not responsible for any adverse effects orconsequences that may result, either directly or indirectly, from any information orcoaching provided. Use of Program is at Client’s own risk. Any use of videos requiringphysical activity are done at Client’s discretion and Coach will not be held liable for anyinjury that could result from utilizing videos.The Coach may provide Client with third-party recommendations for such services ashealth, physical therapy, lifestyle,or other related services. Client agrees that these areonly recommendations and the Coach will not be held liable for the services providedby any third-party to the Client. The Coach is not responsible for any adverse effects orconsequences that may result, either directly or indirectly, from any information orservices provided by a third-party.Anytestimonials or examples shown through Coach’s website, programs, and/orservices areonly examples ofwhat may be possible for Client.Therecan benoassuranceas to any particular outcome based on the use of Coach’s programsand/or services.Client acknowledges thatCoach has not and does not make anyrepresentations as to the future result that may be derived as a consequence of use ofCoach’s website,programs, products or services.•WAIVER OF LIABILITY. You are participating in online and/or inperson coaching, classes or services during which You will receive information andinstruction about physical activity, yoga, or similar and You acknowledgethat activitymay require physical exertion, which may be strenuous and may cause physicalinjury, and Client is fully aware of the risks and hazards involved. You acknowledgethat it is Your responsibility to consult with a physician prior to and regardingparticipation in any physical fitness program. You represent and warrant that Youhave no medical condition that would prevent Your participation in physical fitnessactivities. Client agrees to assume full responsibility for any risks, injuries ordamages, known and unknown, which You might incur as a result of participating inonline and/or in person coaching, classes or services. Client knowingly, voluntarily,and expressly waives any claims You may have against the Company, or theinstructor, for injuries or damages that You may sustain as a result of participating incoaching or classes.•INTELLECTUAL PROPERTY RIGHTS. In respect of the documentsspecifically created for the Client as part of this Program, the Coach maintains all ofthe copyright, other intellectual property rights and any other data or material usedor subsisting in the Material whether finished or unfinished. Client receives onelicense for personal use of any content provided the Coach. Nothing in thisAgreement shall transferownership of or rights to any intellectual property of theCoach to the Client, nor grant any right or license other than those stated in thisAgreement. The Coach reserves the right to immediately remove Client from theProgram, without refund, if you are caught violating this intellectual property policy.•RECORDING AND REDISTRIBUTION OF CALLS. Clientacknowledges that group coaching sessions and/or group calls may be recorded.Client also acknowledges that the recordings may be redistributed and/or resold ata later date as part of a separate package sold by the Coach.•RELEASE. Company may take photographs, videos, or audiorecording during the Program that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in theProgram, Client is consenting to being recorded and photographed and to the useof Client’s likeness, writing, and voice in any media in perpetuity by Company forwhatever purpose as Company sees fit.Client agrees thatthe Company may use any written statements, images, audiorecordings or video recordings of Client obtained while enrolled in the Course. Thisincludes any content Client may publish to social media accounts and online forumsas well as any statements, images or recordings, captured about Customer’sparticipation in the Course.Client waives any right to payment, royalties or any other consideration for Company’suse of such written statements, images, audio recordings and video recordings andClient waives the right to inspect or approve the finished product used by Company.The Company is hereby held harmless and released and forever discharged from allclaims, demands, and causes of action which Client, their heirs, representatives,executors, administrators, or any other persons acting on Client’s behalf or on behalfof the Client estates have or may have by reason of this authorization.•NON-DISPARAGEMENT. The Parties agree and accept that the onlyvenue for resolving a dispute shall be in the venueset forth herein below. TheParties agree that they neither will engage in any conduct or communications with athird party, public or private, designed to disparage the other. Neither Client nor anyof Client’s associates, employees or affiliates will directly or indirectly, in anycapacity or manner, make, express, transmit speak, write, verbalize or otherwisecommunicate in any way (or cause, further, assist, solicit, encourage, support orparticipate in any of the foregoing), any remark, comment, message, information,declaration, communication or other statement of any kind, whether verbal, inwriting, electronically transferred or otherwise, that might reasonably be construedto be derogatory or critical of, or negative toward, the Coach or any of itsprograms,affiliates, subsidiaries, employees, agents or representatives.•GOOD FAITH. Each party represents and warrants to the other thatsuch party has acted in good faith, and agrees to continue to so act, in thenegotiation, execution, delivery, performance, and any termination of thisAgreement.•DISCLAIMER OF WARRANTIES. The information, education, andcoaching provided to the Client by the Coach under this Agreement are provided onan “as-is” basis, without any warranties or representations express, implied orstatutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there anywarranties created by a course of deal, course of performance or tradeusage.•LIMITATION OF LIABILITY. By usingD4 PILATES/BALLET-LATES®services and purchasing this Program, Client accepts any and all risks, foreseeableor non-foreseeable, arising from such transaction. Client agrees that Coach will notbe held liable for any damages of any kind resulting or arising from including but notlimited to; direct, indirect, incidental, special, negligent, consequential, or exemplarydamages happening from the use or misuse of the Program. Client agrees that useof this Programis at user’s own risk.•DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or disputeto this Agreement will be settled by arbitrationThe language to be used in thearbitral proceedings shall be English. There shall be three arbitrators, appointed asfollows:each party shall appoint an arbitrator, and the two arbitrators so appointed shallappoint a third arbitrator who shall act as chairman of the tribunal; if eitherparty fails toappoint an arbitrator within 30 days of receipt of notice of the appointment of an arbitratorby the other party, such arbitrator shall at the request of that party be appointed by theChairman for the time being of the Chartered Instituteof Arbitrators/Engineers Ireland/LawSociety of Ireland/The Bar of Ireland; if the two arbitrators to be appointed by the parties failto agree upon a third arbitrator within 30 days of the appointment of the second arbitrator,the third arbitrator shall be appointed at the written request of either party by the Chairmanfor the time being of the Chartered Institute of Arbitrators/Engineers Ireland/Law Society ofIreland/The Bar of Ireland.. The arbitration shall occur within ninety (90) days from thedateof the initial arbitration demand and shall take place in Dublin, Ireland or viatelephone. The Parties shall cooperate in exchanging and expediting discovery aspart of the arbitration process and shall cooperate with each other to ensure that thearbitration process is completed within the ninety (90) day period. The writtendecision of the arbitrators (which will provide for the payment of costs, includingattorneys’ fees) will be absolutely binding and conclusive and not subject to judicialreview, andmay be entered and enforced in any court of proper jurisdiction, eitheras a judgment of law or decree in equity, as circumstances may indicate.•GOVERNING LAW. This Agreement shall be governed by andconstrued in accordance with the laws of THE REPUBLIC OF IRELAND ,regardless of the conflict of laws principles thereof. If any term, provision, covenant,or condition of this Agreement is held by an arbitrator or court of competentjurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shallremain in full force and affect and shall in no way be affected, impaired, orinvalidated.•ENTIRE AGREEMENT. This Agreement contains the entire agreementbetween the parties and supersedes all prior agreements between the parties, whetherwritten or oral.