Winner's Circle Accountability Program Agreement
This is your contract. Please read it carefully, because you are making an important commitment to Bari-Fit, LLC.
THIS IS WHAT YOUR GROUP PROGRAM INCLUDES
THESE ARE *NOT* INCLUDED
Additional Legal Terms
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 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.
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.
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.
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.
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. 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 not provide a refund to you.
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.
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.
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.
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:
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Signed by Tosha Stafford
Signed On: March 29, 2021
If you have questions about the contents of this document, you can email the document owner.
Document Name: Winner's Circle Accountability Program Agreement
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