Rebellious Intl Terms of Service and Policies
Rebellious Intl, LLC (herein referred to as “Company”) agrees to provide services (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
* Online group movement sessions – live or recorded
* Online group mindset sessions – live or recorded
* Support via e-mail/ call/ text
In respect to each other’s time, sessions will start and end at scheduled time.
If the Client misses a live session, the client will receive a recording of the session.
TERM OF PROGRAM
The Term of the Program and this Agreement is for a duration noted below unless earlier terminated as set forth in this Agreement. Following any termination or expiration of this Agreement, Client understands that the Program services will cease. If the parties mutually agree to continue their relationship, following any termination or expiration of this Agreement, a separate agreement will be entered into.
Total duration: 6 months
The fee for the Program is as set forth below (the “Program Fee”):
6 Monthly Payments of $220 - starting upon sign up (collectively, the “Payment Installments).
METHODS OF PAYMENT
Client hereby authorizes Company to charge the Client’s method of payment for the Program Fee on a monthly basis as stated under Fees above.
Client will provide Company with valid and updated credit card information. Client will provide accurate and complete billing and contact information to Company and will notify Company of any changes to such information. Any and all credit card charges must be paid in full by the applicable payment due date. If the full payment is not received within five (5) days of the applicable due date, a late fee of 1.5% will be assessed on the amount due.
There are no refunds for the entirety or any portion of the Program Fee. Any cancellation or termination of the Agreement, for any reason, will not relieve the Client of his/ her obligation to pay any unpaid remainder of the Program Fee.
Client acknowledges 1) that the Company invests substantial energy and resources to configure the Program specifically for the individual(s) who enrolls therein; 2) that the Company, due to the unique nature of the Program, cannot substitute another enrollee in the event Client terminates this Agreement or otherwise exits the Program; and 3) that the company cannot mitigate damages by reselling the Client’s program enrollment to any third-party.
Client further acknowledges that due to the foregoing, the Company no-refund policy is supported by good and adequate consideration and is reasonable and not a penalty.
Client further acknowledges that he/she has the financial means to absorb the entire Program Fee, as a result of any early cancellation or termination of the Agreement.
Client agrees to perform all tasks assigned to Client in connection with the Program and to provide all assistance and cooperation to Company in order to complete the Program on a timely and effective basis.
“Company Property” includes all data, trade secrets, inventions, methods, know-how, copyrights, trademarks, service marks, patents issued or pending, properties or materials of any kind or nature whatsoever which were, developed or created by Company. Company shall retain all right, title and interest in and to the Company Property, and all derivative works thereto, including, without limitation, any rights under any laws relating to copyrights, patents, trade secrets and other proprietary rights. Company Property shall not be copied, used, modified or distributed for any purpose by Client other than as expressly authorized in this Agreement in connection with the Program. No license to sell or distribute Company's materials is granted or implied. Client agrees that any Company materials provided by Company to the Client are solely for Client’s own personal use. Any disclosure of such Company materials to any third party by Client is strictly prohibited.
The Company respects Client’s privacy and insists that Client respects the Company’s privacy.
All information relating to or provided by Client, except that in the public domain, including any information designated as proprietary or confidential, will be held in confidence by Company and will not be disclosed or used by Company except to the extent that such disclosure or use is reasonably necessary to provided services in connection with the Program.
All information relating to Company that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by Client and will not be disclosed or used by Client except to the extent that such disclosure or use is reasonably necessary to the performance of Client's duties and obligations under this Agreement.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
Client understands that neither Company nor its personnel or any agents or assigns of Company (herein referred to as “Consultants,”), are acting in a capacity of doctor, therapist, psychotherapist, or registered dietician. Client understands his or her participation in the Program will not treat or diagnose any disease, illness, or ailment and, if he/ she should experience any such issues, he/ she should see their registered physician or other practitioner as determined by his/ her own judgment.
Client understands that Company will not: (1) act as a doctor providing medical guidance or (2) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy.
Client acknowledges and agrees that Client’s use of Company’s services is at his or her own risk. Company makes no representations, warranties or guarantees regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that there is no guarantee that Client will reach their goals as a result of participation in the Program.
All services provided under this agreement are provided to Client “as is,” “with all faults,” and “as available” basis. Except as specified in this Agreement, neither party makes, and each party expressly disclaims, any and all warranties, express or implied, in regard to any information, product, or service furnished by it under this Agreement, including without limitation any and all implied warranties of merchantability or fitness for a particular purpose.
The aggregate liability of a party to the other for any cause of action or claim (whether under contract, tort, or otherwise) shall be limited to the amount of fees to be paid to Company by Client hereunder. Both parties agree that this Agreement, including, without limitation, the charges to be paid by Client hereunder and the limitations set forth in this section, reflects the allocation of risk understood and agreed to.
Each party agrees it shall not, during the Agreement’s term and for 24 months after the Agreement termination/expiration, employ, engage, solicit or make any offers for services of any of the other party's employees, contractors, or other personnel.
In the event that any cause beyond the reasonable control of either party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either party to perform its obligations under this Agreement, the affected party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
1) NON-DISPARAGEMENT. The parties agree that neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
2) ASSIGNMENT. This Agreement may not be assigned by either party without express written consent of both parties.
3) TERMINATION. Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program, if Client becomes disruptive, fails to cooperate with Company, or is in breach of this Agreement, without refund of any monies paid towards the Program Fee and if Client elected to pay the Program Fee via Payment Installments, Client shall still be obligated to pay Company the remaining balance of the Program Fee. Client may terminate the Agreement at any time, but expressly subject to the no refund policy set forth in section above entitled “No Refunds.”
4) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys' fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that the Consultant and all of the Company’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
5) RESOLUTION OF DISPUTES. In any dispute over the provisions of this Agreement, except for non-payment by Client, if the parties cannot resolve the dispute to their mutual satisfaction, the matter shall be submitted to mediation. The terms and procedure for mediation shall be arranged by the parties to the dispute. If good-faith mediation of a dispute proves impossible or if an agreed-upon mediation outcome cannot be obtained by the parties, the dispute may be submitted to arbitration in accordance with the rules of the American Arbitration Association. Any party may commence arbitration of the dispute by sending a written request for arbitration to all other parties to the dispute, except that any such request must be submitted within one (1) year of the closing of the previous mediation process. The request shall state the nature of the dispute to be resolved by arbitration, and, if all parties to the dispute agree to arbitration, arbitration shall be commenced as soon as practicable after such parties receive a copy of the written request.
All parties shall initially share the cost of arbitration, but the prevailing party or parties may be awarded attorney fees, costs and other expenses of arbitration. All arbitration decisions shall be final, binding and conclusive on all the parties to arbitration, and legal judgment may be entered based upon such decision in accordance with applicable law in any court having jurisdiction to do so.
6) GOVERNING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America. Exclusive jurisdiction and venue for any disputes under this Agreement shall be in Fulton County, Georgia.
7) EQUITABLE RELIEF. In the event that a dispute arises between the parties for which monetary relief is inadequate and where a party may suffer irreparable harm in the absence of an appropriate remedy, the injured party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
8) NOTICES. All notices, requests, claims, demands, waivers, and other communications must be in writing, and delivered by nationally recognized overnight courier (with all fees pre-paid) or email (with confirmation of transmission). Notices are effective only upon receipt by the receiving party. Notices to Rebellious Intl must be addressed to Rebellious Intl, 2435 Old Alabama Road, Roswell, GA 30076-2415
9) BINDING AGREEMENT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstances.
10) SEVERABILITY/WAIVER. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
11) ENTIRE AGREEMENT. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
12) COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the written date.