Terms Applicable To All Services
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By using the Natural Bodi services, you agree to be bound by the following terms and conditions. Natural Bodi reserves the right to change the Terms and Conditions at any time without notice, and your continued use of Natural Bodi constitutes your consent to such changes.
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DESCRIPTION OF SERVICES
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Natural Bodi will provide ongoing online services such as personal fitness training and the selling related products and apparel as described on the signup page for each specific service.
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LIMITATIONS OF SCOPE
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Natural Bodi will not be responsible for work that is beyond the scope of services set forth in the subscription plan in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties.
MANAGEMENT RESPONSIBILITY
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Natural Bodi will provide certain tools, methods and resources to “Client” that are intended to help “Client” grow and reach their goals. However, Client is fully and exclusively responsible for their own performance and satisfaction. In addition, Client has full awareness and understanding that there exists the remote possibility during exercise of adverse changes including, but not limited to, abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and in very rare instances heart attack, stroke, or even death. “Client” further understand and have been informed that there exists the risk of bodily injury including, but not limited to, injuries to the muscles, ligaments, tendons, and joints of the body. Every effort will be made to minimize these occurrences by proper assessment and supervision when required. “Client” fully understands the risks associated with exercise, including the risk of bodily injury, heart attack, stroke or even death, but knowing these risks, it is “Client’s” desire to participate as herein indicated. but Client is solely responsible for the final outcomes, actions taken and results produced.
COPYRIGHT
All content produced by Natural Bodi within the scope of Services including software and web code, contents, graphics and design, or material developed or licensed by Natural Bodi for “Client” as part of the Services is copyrighted by Natural Bodi and remains the exclusive property of Natural Bodi indefinitely. This use will be restricted to the Client only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
In the event Natural Bodi ceases business operations and providing services described in this agreement, all Natural Bodi copyrighted content, can be used indefinitely by Client for their personal use only. This use will be restricted to the Client use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
LINK
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​Client hereby acknowledges and agrees that Natural Bodi shall have the right to use the name of Client and relevant photos, videos, or social content for reference as a customer of Natural Bodi services for referral and marketing purposes.
TERM/TERMINATION
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Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. Natural Bodi will start subscription billing to the Client beginning the date (“Renewal Date”) client agrees to these terms of services and it shall automatically renew for subsequent one (1) month periods until it is formally terminated in writing or email. Termination of this Agreement requires written or email notice delivered thirty (30) days prior to the desired date of termination. Failure to provide notice or a repeated failure to make payment by date due during any period gives Natural Bodi the option for immediate termination. Upon the expiration or termination of this Agreement for non-payment or non-performance by client, (i) Client’s right to the Services afforded to Natural Bodi Clients shall automatically terminate.
PAYMENT FOR SERVICES
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Payment may be made in advance of Sessions in one lump sum or may be
financed through equal monthly payments discussed and agreed upon by Trainer and Client. Should Client opt for monthly payments, invoices and notifications will be sent out in a timely manner and Client will be responsible for making monthly payments prior to any upcoming sessions. If Client’s payment is more than one week overdue, Trainer may suspend Sessions until Client’s outstanding invoice is current. Payment must be completed for all Sessions before any new or renewal contracts may be signed. Clients will pay monthly fees to Natural Bodi for a subscription to Services as described in Natural Bodi plan in effect at the time of this agreement and for the license to use the Natural Bodi web services, software and licensed content in conjunction with these services. Payment will be made by automatic credit card or Paypal transactions. Invoices will include monthly subscription fees and any additional fees for elective or other additional Services that have been purchased by the Client. Invoices will be issued and automatic transactions processed on the Renewal Date as outlined in agreement.
WARRANTY
Natural Bodi shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in the Natural Bodi industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and Natural Bodi disclaims, and client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. Natural Bodi does not warrant that any products or services provided hereunder will cure, diagnose, or substitute as a replacement for medical advice. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, errors, delays or any failure of performance.
LIMITATIONS OF LIABILITY
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Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of Natural Bodi, Natural Bodi’s liability to pay damages for any losses incurred by client as a result of breach of contract, negligence or other tort committed by Natural Bodi, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent one (1) months of base fees paid under this agreement. In any case, Natural Bodi and its licensors will not be liable for injury, lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, Natural Bodi shall have no liability to client arising from or relating to any third party information or materials. Natural Bodi will attempt to prevent or minimize exposure to such risks.
INDEMNIFICATION
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Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Natural Bodi and its licensors arising from products or services related to this Agreement. Conversely, Natural Bodi shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of Natural Bodi