Thank you for joining Bari-Fit for the 21-Day Back Track Challenge.
This is your contract. Please read it carefully, because you are making an important commitment to Bari-Fit, LLC.
- You are securing one of a limited number of places Bari-Fit, LLC. offers in this round of Back on Track.
- The Price is $49.99 (US Dollars) for the 21-day challenge, payable upfront with an optional VIP $199 (US Dollars) upgrade.
- By signing this Agreement, you acknowledge that no one has represented to you that refunds are available. All programs are non-transferable. At no time, can this be rolled over to another challenge, even if you cannot participate for any reason in the month you paid for.
- I understand that Bari-Fit, LLC, are not physicians or registered dietitians. Any information provided is not to be taken as medical advice. It is not intended diagnose, treat, cure, or prevent any health problem – nor is it intended to replace the advice of a physician and I should always consult my physician or qualified health professional on any matters regarding my health.
- I hereby, release in full and forever discharges and hold harmless that Bari-Fit, LLC, and all coaches in all claims for personal injury, causes of action, liability, loss, cost, damage, or expense, whatsoever which may result or arise, in any manner, from participation in Bari-Fit, LLC, workout-regimens, and/or following any meal plan/structure, macronutrient or supplement suggestions.
- I represent that I am not aware of any medical or physical condition that would involve a serious health risk to me or that would prevent from participating in this program. I have informed, and agree to keep informed the coaches of Bari-Fit, LLC, of any medical condition or disability that would prevent or jeopardize my participation in any program.
- This Agreement, [Company Policies and Disclaimers, Facebook Group rules, and the Credit Card Authorization] are the entire agreement between us. These written documents supersede our prior discussions, emails, online or voice messages. By signing, you agree that there is no information that you deem materially important that is not incorporated into this Agreement.
THIS IS WHAT YOUR GROUP PROGRAM INCLUDES
- Group Calls. You will have access to a weekly group call each Monday during the 21-Day Bak on Track Program for one-two hours, where Tosha Stafford will be present to present material on topics and answer questions. You are invited to three (3) group coaching sessions during the Program Term, to be conducted virtually (via Zoom). Your attendance is critical for the success of this program and there are limited times available. Therefore, please make your best efforts to make our available days work. You will receive a group call link once your payment is received. The purpose of these group coaching sessions is get you Back on Track. All group coaching sessions must be used during the Program Term or they are forfeited, and all calls are subject to our business policies regarding coaching session scheduling and cancellation.
- Exclusive Mobile Application. You will have access to the exclusive mobile application. Access to the mobile application and challenge ends the day the 21-day challenge ends.
- Materials. You receive access to digital materials for the month in which you register for this program, which includes written materials and video lessons on Back on Track lessons and topics. Once the challenge is over, access to the materials in the challenge will no longer be accessible.
THESE ARE *NOT* INCLUDED
- Services. Done-for-you services of any kind are not included.
- Endorsements.You are not receiving an endorsement from Bari-Fit, LLC. or Tosha Stafford, and neither is any other participant. Do not create the appearance of an endorsement or rely on any person who claims to be endorsed by Bari-Fit, LLC.
- Ownership of Written Materials. As a participant, you will have one license to view written materials provided by Bari-Fit, LLC. You do not have ownership of this information, which is protected by federal copyright laws. Some of the information is also protected by a contractual license between the provider and Bari-Fit, LLC. You may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, without express written consent of Bari-Fit, LLC., which it may withhold for any reason, and purchase of a license (prices start at $2,500.00).
- Trademark Usage. Bari-Fit, LLC protects its names! You are not receiving permission to use trade and service marks like Dieting One-Habit at a Time, Re-Focus and Succeed, or any other trademark of the Company, even if not listed here.
- Results Not Guaranteed.You are receiving a space in the program, support and guidance, but not guaranteed results from participating in the challenge/program.
- Confidentiality. Bari-Fit, LLC cannot guarantee confidentiality. Do not share any confidential and proprietary information which may harm your business or personal interests if repeated, copied, or otherwise transmitted and/or implemented by a third party.
Additional Legal Terms
- There is a NO REFUNDS policy.
By signing this Agreement, you acknowledge that no one has represented to you that refunds are available. Even if you cannot participate for any reason, you will continue to be billed according to the schedule in Section 1 of this Agreement. At no time, can this be rolled over to another program. Bari-Fit, LLC. considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds policy were included. If you initiate a chargeback, Bari-Fit, LLC. may issue an additional $250 fee to you.
- You are a Business Owner.
You enter this Agreement in your capacity as a business owner, not as an individual consumer. This is true even if you do not have a business entity such as a limited liability company. As a business owner, you may have limited rights under the laws of your state, and may be giving up consumer rights.
- Disclaimer of Warranties.
Participant understands the Group Program is offered on an “as-is, where-is” basis, without any implied or express warranty as to its performance or to the results that may be obtained by using the program. This limited warranty is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation.
- If we get sued due to something you did:
You agree to indemnify, defend and hold harmless Bari-Fit, LLC., its affiliates, successors and assigns from and against any and all claims, damages, losses, liabilities, lawsuits, costs and expenses (including attorneys’ fees at all tribunal levels) arising out of or related to any activity, work, or other thing done or permitted to be done by you where such liability arises from negligence on your part or the violation of this Agreement. This includes any liability arising from breach of confidentiality by any party.
- Damages are limited under this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARI-FIT, LLC. WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF BARI-FIT, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT.
- No Professional Advice.
The Company does not engage in the rendering of [medical, legal, or other professional] services. You acknowledge that you will make your own decisions before acting on any information gained from this program. It is further understood that before you utilize any techniques suggested by this program, you should consult licensed professionals as applicable.
7. No Guarantee of Results; Risk of Loss.
Results from the group program are greatly dependent upon individual decisions, abilities, and other factors outside Bari-Fit, LLC. control, and Bari-FIt, LLC. makes no guarantees or warranties that information provided to you through the program/challenge will provide results.
- Bari-Fit, LLC. can end your participation in the program.
Bari-Fit, LLC. may determine, in its sole discretion and without requiring disclosure of the reason, that the relationship under this Agreement must terminate. In this circumstance, Bari-Fit, LLC. will provide a refund to you.
- Idaho law governs this Agreement and it will be enforced by either party in Idaho.
This Agreement will be governed by Idaho law, without regard to its conflicts of law principles. I understand and agree that I submit to the personal jurisdiction and venue of this state and agree that any legal proceeding commenced shall take place in Coeur D, Alene, Idaho.
- No Assignment; No oral waivers or modifications.
This Agreement may not be assigned to any other party. Its requirements may not be waived or modified except in writing signed by Bari-Fit, LLC.
- Electronic Signatures and Other Documents.
You agree that your electronic signature is valid and binding evidence of your assent to the terms of this Agreement. You agree to sign additional documents which may be necessary to complete the material purpose of this Agreement, including without limitation, payment authorizations.
- No relationship.
The parties hereto expressly understand and agree that they are not employers or employees, principals and agents, or partners or co-venturers in the performance of each and every part of this Agreement, and they remain solely responsible for all of their respective employees and agents.
13. Legal Age. I further state that I am of lawful age and legally competent to sign this agreement and that my signing this agreement is my own free act and I am not acting under duress, fraud, undue influence or type of mental disability.
I understand and agree that the terms herein are contractual, and they are not mere recital or simply for informational purposes. I have read the foregoing Agreement, understand its terms, and agree: