MICHELLE ENTERPRISES AGREEMENT FOR SERVICES
By completing a purchase on this website, YOU/CLIENT agree as follows:
WHEREAS CLIENT wishes to retain the professional services and expertise of Michelle Johnson and Michelle Enterprises, LLC, dba michellefitness.com, a Maryland owned Company, and its agents and employees (collectively “Michelle Enterprises, LLC”) to design for a personalized program, which may include one or all of the following: a customized nutrition, supplementation, fitness and other plans/programs, spiritual coaching or any other service/solution listed on this website. This includes one-on-one programs or group programs that you hire Michelle Johnson and michellefitness.com to perform. (hereinafter the “SOLUTIONS”); and
WHEREAS Michelle Johnson agrees to provide the SERVICES to CLIENT, in exchange for a fee, in accordance with the following terms and conditions, There are no refunds only service credits given. It is at the discretion of Michelle Johnson to agree to suspend, extend or give credit to CLIENT based on each situation.
IT IS HEREBY AGREED AS FOLLOWS:
CLIENT hereby retains Michelle Johnson, as an independent contractor, to design the SERVICES for CLIENT, including a program, to enhance the health, wellness, fitness and personal well-being.
2. Due Diligence by Client
CLIENT acknowledges that he/she has provided Michelle Johnson with all background information, including appropriate medical history, which may be necessary to prepare, formulate and perform the SERVICES for CLIENT. CLIENT agrees that he/she shall use his/her best efforts to comply with the diets, programs, schedules and recommendations made by Michelle Johnson as part of the SERVICES. CLIENT expressly warrants and affirms to Michelle Johnson that he/she has obtained appropriate medical clearance to participate in the diet, exercise and training programs comprising the SERVICES.
3. Assumption of Risk/Waiver of Liability
CLIENT understands and acknowledges that participation in any diet, exercise and training program online or in person carries with it the inherent risk of bodily injury, side effects, food allergies or intolerances and can lead to an unexpected factor that could even relate to an illness. CLIENT agrees that he/she will forever release and hold Michelle Johnson harmless from and against any and all claims, whether for personal injuries, illness or otherwise, arising from the SERVICES, and that he/she shall not in any way seek to hold Michelle Johnson liable for any and all such claims.
4. Not a Substitute for Medical Treatment
CLIENT understands and acknowledges that the SOLUTIONS, including any form of a weight management program, are not in any way intended to function as a substitute for medical treatment and/or advice from CLIENT’s own physician. It is up to the CLIENT to receive their physicians approval.
5. Confidentiality and Non-Disclosure
CLIENT acknowledges and agrees that any and all information disclosed or provided by Michelle Johnson to CLIENT in connection with the SERVICES is strictly confidential in nature, and constitutes proprietary work product owned by Michelle Johnson. The SERVICES shall be utilized by CLIENT for the sole purpose of the their own personalized program and will not shared with others, sold to, emailed or distributed. Each program is not to be disclosed, or permitted to be disclosed via the internet in any manner, INCLUDING FORUM JOURNALS, WEB BLOGS, PERSONAL WEBSITES OR COMMERCIAL WEBSITES, through literary publication, or otherwise, to any person or entity except as otherwise set forth herein. CLIENT acknowledges and agrees that he/she shall forever maintain as confidential, and that he/she shall not disclose to any third party (other than to a treating physician of CLIENT), any of the information, schedules, diets, recommendations and/or details concerning the SERVICES. CLIENT acknowledges and agrees that his/her duty of confidentiality and non-disclosure pursuant to this Agreement shall survive completion, cancellation, termination or cessation of the SERVICES. CLIENT acknowledges that he/she shall not knowingly or carelessly disclose, cause to be disclosed, or assist in disclosing or otherwise using or disseminating any information disclosed or provided by Michelle Johnson in connection with the SERVICES. CLIENT acknowledges and agrees to take reasonable measures to prevent unauthorized persons or entities from having access to, obtaining or being furnished with, the information and details comprising or related to the SERVICES. Michelle Johnson & Michelle Enterprises reserves the right to use Photos for business purposes, unless client indicates otherwise in writing. Photos may be used to promote, advertise and share on social media and any other resources they deem appropriate. Client will not allow other professionals utilize photos for their purposes that are a reflection of the results received by michellefitness.com.
6. Immediate Right to Terminate Services
CLIENT acknowledges and agrees that Michelle Johnson shall be entitled to immediately cease and terminate the SERVICES, without notice, in the event CLIENT discloses, or causes to be disclosed, to any third person or entity any information or details comprising or concerning the SERVICES, and in such event Michelle Johnson shall be entitled to retain any and all remaining funds paid by CLIENT in consideration for the SERVICES, and Michelle Johnson shall also be entitled to seek appropriate legal recourse against CLIENT. Michelle Johnson reserves the right to not honor a refund of any client once a starting program is given. At that point the duration of the time is to be respect and is in effect. There will be no refunds if a client fails to adhere to the program. If Michelle Johnson is not comfortable with a clients behavior a program can be terminated without cause and there will be no refunds or service credits given.
7. Indemnity for Breach of Agreement
CLIENT agrees to indemnify and hold harmless Michelle Johnson for any and all losses, claims, damages, attorney’s fees, judgments or liability arising from CLIENT’s breach of this Agreement.
8. Binding Arbitration
CLIENT acknowledges and agrees that any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be resolved by binding arbitration in the State of Maryland, utilizing the substantive and procedural laws of the State of Maryland, in accordance with the rules and procedures of the American Arbitration Association. The Parties shall be entitled to such discovery as shall be determined by the arbitrator(s). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
9. No Unwritten Waiver Effective
No waiver of any breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision.
11. Michelle Johnson and Independent Contractor
With regard to performance of the SERVICES and all matters referenced in this Agreement, Michelle Johnson shall at all times be an independent contractor. Nothing in this Agreement, or any actions taken pursuant to this Agreement, shall be deemed to create any express or implied employment or agency relationship between CLIENT and Michelle Johnson. Neither party to this Agreement shall have the authority to legally bind the other, except as otherwise set forth herein.
12. Read and Understood
By completing a purchase on this website through the site, venmo, PayPal, check or any other form of payment, CLIENT acknowledges and warrants that he/she has read and understood this entire Agreement, and that he/she agrees to be legally bound by the terms and conditions of this Agreement. Once a payment is made only service credits can be negotiated and given. CLIENT agrees to adhere to all policies and procedures of MICHELLEFITNESS.COM.