Christie Bailey Fitness, LLC
Thank you for visiting our website
INTRODUCTION
By using www.christiebailey.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to Christie Bailey Fitness, LLC (the “Company”), owner of www.christiebailey.com.
ACCEPTANCE OF TERMS
By using this Site, you accept and agree to these Terms of Service, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site from time to time, in which case we will post the revised Terms of Service on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.
SITE USE
To access or use the Site, you must be 18 years old or older and have the requisite power and authority to enter into these Terms of Service. In order to use the Site or receive services, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any information you provide will always be accurate, correct and current. You agree not to impersonate someone else or provide account information or email addresses other than your own. You agree not to use your account for any illegal or unauthorized purpose. You agree not to, in the use of the Site, violate any laws in your jurisdiction. You agree to use the Site and Service for lawful purposes only. You agree not to post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site, products, services and content. If at any time you choose not to accept these Terms, you should not use our Site.
Your continued use of our Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy Now” or “Purchase” where such an option is made available to you. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before proceeding with any purchase or booking.
CHRISTIE BAILEY, LLC INTELLECTUAL PROPERTY
The Site and any services provided contain intellectual property owned by the Company including, without limitation, trademarks, copyrights, and proprietary information such as, for example, the Christie Bailey Fitness, LLC / www.christiebailey.com name, logo, designs, text, graphics, photographs, other files, and the selection and arrangement thereof. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without the Company’s prior written consent. We reserve the right to immediately remove you from the Site, or to cancel any services purchased, without refund, if you violate this intellectual property policy.
PURCHASE AND REFUND POLICY
By clicking “Buy Now,” “Purchase,” or any other phrase on a purchase-style button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to pay for and be provided with products, programs, or services by the Company unless a separate Terms of Purchase Agreement is provided at purchase. No refunds will be given for any products purchased.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR PARTICIPATION IN ANY SERVICES. ADDITIONALLY, YOU AGREE THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, YOU AGREE THAT THE COMPANY’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
THIRD PARTY RESOURCES
The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You agree to indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site. You agree to provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You agree not to settle any third party claim or waive any defense without our prior written consent.
RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
ONLINE COMMERCE
Certain sections of the Site may allow you to make purchases from us or from other merchants. If you make a purchase from us, including on or through the Site, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by us, the merchant, our payment processing company, and other companies and intermediaries involved in processing payments.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through the Site, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
You agree that we have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Site our with the Company, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase with Company that may be through this Site.
GOVERNING LAW; VENUE; MEDIATION
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association (AAA). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place at an AAA office nearest to Fairfax, Virginia or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If you have any questions or concerns regarding these Terms of Service, please email: hello@christiebailey.com
DISCLAIMERS
The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
By participating in and/or reading this website and/or other Content, including but not limited to blog, email, videos, webinars, and/or teleseminars, you acknowledge that the Company cannot guarantee the outcome of services and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.
By participating in/reading Company’s Content, you acknowledge the Company and its representatives are not medical professionals, licensed psychologists, attorneys, or financial advisers, and the services or information provided here do not replace the care of medical or other licensed professionals. Any information provided here is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or advice. No fiduciary relationship is created between Company and you.
You acknowledge that the Company has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of the Company’s website, programs, products or services. Testimonials, earnings, or examples shown through Company’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular financial outcome based on the use of the Company’s programs and/or services.
If you have any questions or concerns regarding these Disclaimers, please email: hello@christiebailey.com
Updated: 5/16/24
MASTERMINDS, 1:1 or COACHING INTENSIVE TERMS & CONDITIONS
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 10722 Viognier Terrace, Fairfax, VA 22030 (“Coach” or “me”) and you (“you” or the “Client”).
If you have any questions, please don’t hesitate to email me at hello@christiebailey.com. Now, Let’s get started!
PROGRAM TERMS AND CONDITIONS
The following terms and conditions apply to any course or group coaching program purchased off of this website.
II. Courses and Workshop Programs
Courses and Workshop Programs
General
Specific course content and course fees for individual workshops will be provided in email notices or on request.
General Description
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 business hour 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
B. Expectations
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 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 Monday-Friday 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 hello@christiebailey.com
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.
D. Investment/Fee
The Fee for individual programs will be provided in Program email notices, on the informatoin page, or on request. The Workshop fee must be paid before the beginning of each program. 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 access to all programs will be removed, and 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 May 11th, 2018 between Christie Bailey Fitness, LLC, a Virginia limited liability company (“Coach”), with an address of 10722 Viognier Terrace, Fairfax VA, 22030 and the individual identified on and executing the Payment Documents (“Paypal 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 (“Paypal 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 (hello@christiebailey.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.
Confidentiality
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.
Indemnification.
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.
Entire Agreement.
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.
Governing Law.
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.
Electronic Signature
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.
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.