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BY PURCHASING FROM THIS SITE AND FROM Dee Gautham Fitness, LLC dba The Body Boss Revolution, YOU AGREE TO THE FOLLOWING TERMS:

The Terms of Use Agreement (the “Agreement”) is made effective and entered into on purchase date (hereinafter the “Effective Date”) by and between DEE GAUTHAM FITNESS, LLC, a Texas Limited Liability Company, dba The Body Boss Revolution, its affiliates, subsidiaries, sub-domains, websites, agents, and representatives (the “Company”), and purchaser of the program (the “Member”), for the purpose of Member purchasing the online program The Fit Woman Collective (the “Product”) from Company. Member agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product:


1. Intellectual Property Rights.


Member agrees and understands that Company has created numerous original, creative works in connection with the Program, and agrees that Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Member or specifically for Member, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, tutorial videos, trade secrets, marketing strategies, Facebook ad strategies, coaching resources and plans, coaching strategies, guides, and any other original work created by Company. Member agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the rights remain with Company. Nothing in this Agreement will constitute a transfer of ownership of any Intellectual Property from Company to Member, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program for the sole use by Member.


Member agrees and understands he/she will not copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent. If such behavior is discovered or suspected, Company reserves the right to immediately end your participation in the Program without refund, as well as access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.


Member agrees that any violation of this Agreement by Member may cause Company irreparable damage for which other remedies may be inadequate, and Member agrees that Company shall be entitled to injunctive or other equitable relief as may be necessary and appropriate to enforce the terms of this Agreement. Such remedies shall be in addition to any other remedies available to Company. In the event Company engages legal counsel to represent it in any legal proceeding, or to take any other action in or with respect to any breach or threatened breach of this Agreement by Member, then Company shall also be entitled to an award of its reasonable attorneys fees, costs and expenses relating to such services.


Company’s Limited License to Member: Member understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with Member per the sole discretion of Company. Member understands this means they are granted a limited, revocable, non-transferable license to read and use the information provided for use in their business and life, as instructed or allowed by Company. As a “Licensee,” Member understands and agrees that Member will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Company;
Post, distribute, copy, steal or otherwise use any portion of the Program or its content without written permission by Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Member;
Share purchased materials, information, content with others who have not purchased them; and


Member understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of Company’s work and intellectual property, and a violation of this Agreement and United States Federal laws.




2. Payment
Total Membership Fees. The total cost of the Program is $149 a month (hereinafter the “Total Fees”). Any other services or products outside the Program will be charged at the current market price per the sole discretion of Company. All prices are subject to change without notice.
Payment Schedule.
$149 a month paid every thirty (30) days from the Purchase Date for the duration of the Program. All payments are on an automatic payment function.
Failure to Pay. Should Member fail to make timely payments, or if additional payments are not able to be processed, Member understands: (1) the remainder of the Program may be forfeited until payment is made and reentry is per the discretion of Company; and (2) all money paid to Company is non-refundable. A payment is to be considered late if not paid within three days of its due date. If no payment is made within the 3-day grace period, the Program will automatically terminate and Member will no longer be granted access.
Company right to terminate. Company reserves the right to terminate or cease working with Member should they fail to make additional payments in accordance with the Payment Plan as agreed upon at the beginning of the Program. Should this occur, Member understands they are not entitled to a refund of previous payments to Company and Member will no longer be granted access to Program materials.
Payment Method. Member agrees to render payment via Credit Card or Debit Card and understands that the first payment is due and payable upfront.
Automatic Payment. Member hereby authorizes Company, their contractors, affiliates, and representatives to make periodic charges of withdrawals (Electronic Funds Transfer Authorization) from the account or card that Company has on file for the payment of any and all fees, costs, expenses and any conditions contained in this Agreement. No additional Member authorization is required.


3. Cancellation / Termination:
Member may terminate this Agreement by emailing fitwoman@bossbodyrevolution.com.
Upon termination, Member will lose access to all program materials, including but not limited to : Online course, online community, and access to weekly coaching calls.
Pausing of the program is not permitted, you may terminate your membership and return when ready.
No refunds upon termination for payments already received by Company and Member is responsible for all unpaid payments as required under this Agreement.
Reasonable, minor changes or modification to the Program made by Company do not qualify as an inability to deliver services, and do not qualify Member for a refund.
Company reserves the right to cancel or stop working with Member at any time should they become uncoachable or display an attitude that negatively impacts the experience of the other group members. It is at the sole discretion of Company to remove Member from Program. Should this occur, Member understands they are not entitled to a refund of funds, and it is up to the sole discretion of Company whether Member may have continued access to any materials made available to Member during the Program up until removal from Program.


4. Refund Policy.
All purchases of Services, Programs, and/or products from Company are non-refundable.
Member agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations will not entitle them to a refund or grounds to breach this Agreement.




5. Social Media Group:
Member may also be granted access to a private group on a social media platform or app such as Facebook organized by Company as part of the coaching package. If granted access, Member agrees to be courteous and kind when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments towards other members or BBR. Should Member choose to post anything in this group, Member is agreeing and acknowledging they will not post anything that could harm Company or another user, including but not limited to anything defamatory, harmful, hurtful, disparaging or otherwise upsetting. Member understands that if they make the decision to post content that constitutes cyberbullying, Member’s comments will be removed immediately, and Company reserves its right to take action against Member to the full extent of applicable laws and Company reserves the right to terminate Member’s membership without refund if Member actions are in violation of this clause. Member agrees to follow The BBR’s code of conduct.




6. Confidentiality.
This Agreement is a mutual non-disclosure agreement, meaning both Member and Company agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, coaching sessions, calls, emails, or otherwise. “Confidential Information” includes, but is not limited to, financial information, company strategies, courses, company education, other member information, other methodologies Member learns as a result of working with Company, plans or outlines for future programs or packages, information contained in documents or any other original work created by Company, and any and all other intellectual property as stated herein.
Member and Company agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Member working with Company will survive the expiration of this Agreement and Company’s Services, consequently, Member and Company both agree to continue to keep Confidential Information private, even after the completion of working with Company.
Should Member breach this provision and disclose confidential or proprietary information belonging to Company or another participating in the Program, Member understands additional action may be taken by Company up to and including legal action and injunction.
Member also understands that due to the “group” nature of the Program, they may also obtain access to or otherwise become exposed to confidential or proprietary information belonging to other members within the same group program via group coaching session, group chat, or online community platforms such as Facebook available to all members within the membership portal. Member understands and agrees he/she will not disclose, steal, use, distribute, copy, or otherwise share or use any proprietary or confidential information belonging to another member in the group program. Member understands if he/she violates this provision, he or she may be liable to the third-party group member for infringement. Member will hold Company harmless and indemnify Company from any such third-party action taken against Member for such infringement or disclosure.


7. Media Agreement
I acknowledge and agree to the consent of my images, photographs, updates, testimonials, feedback, achievements, emails and other such information that maybe used anonymously by Company, unless Member consents to identification, for marketing and promotional purposes. Names and/or other identifiable factors that Company has the ability to remove, will be removed from such postings, unless permission is provided by Member.




8. Limitation of Liability, Indemnification, and Release of Claims
Member agrees at all times to defend, fully indemnify and hold Company, its affiliates, agents, coaches,team members or other party associated with Company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of the subject matter contained herein including but not limited to Member’s participation in Program, use of Services and Program materials, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of the subject matter herein. Should Company be required to defend itself in any action directly or indirectly involving Member, or an action where Company decides Member’s participation or assistance would benefit Company’s defense, Member agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge. Member expressly agrees to release and discharge the coach or instructor from any and all claims or causes of action, and Member agrees to voluntarily give up or waive any right that Member may otherwise have to bring a legal action against coach or Company for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release applies to negligence by Company. If any portion of this release from liability will be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability will remain in full force and effect and the offending provision or provisions severed here from.



9. Disclaimer
Personal Responsibility, Assumption of Risk, and Voluntary Participation. Member acknowledges and takes full responsibility for themself and all decisions made before, during, and after the Program. Member is entering into this Agreement voluntarily and of his or her own free will, and Member agrees and understands that Company cannot guarantee any specific results, outcomes, or changes to Member’s current situation, and will hold Company harmless if he/she does not experience the desired results before, during, or after the Program or results achieved by other Members. Member accepts full responsibility for Member’s choices, actions, and results before, during, and after this Program, and Member knowingly assumes all of the risks of the Program related to their use, misuse, or non-use of the Program or any of the Program materials. Member will be solely responsible for any outcomes or results for themselves.
“As Is” Services. Member understands that all services provided by Company in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Member is choosing to purchase this Program and work with Company on a purely voluntary basis and does not hold Company responsible should Member become dissatisfied with any portion of the Program.
Dissatisfaction. Member agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should they not achieve the results desired following completion of their work with Company, as long as, Company delivers the Program as described in this Agreement above, or reasonably similar substitutes, upon additional agreement in email or other written document between Company and Member.
Health Disclaimer and No-Guarantee of Outcome. Company also does not make any guarantees or assurances regarding a particular health outcome based on use of Program, nor is Company responsible for any changes in Member’s health while using the Program or after completion. Any information or testimonials regarding past or current members’ participation in programs or working with Company contained on Website or in sales material that contain positive health impact or information are individual, and results may vary. Member agrees that BBR, its owners, its affiliates, its employees, its agents, its subsidiaries and its representatives will not be responsible nor liable to Member should Member sustain any injuries, incur harm, or encounter any negative ramifications including but not limited to physical, mental, and financial harm. Member agrees that they are fully responsible for their business’ and personal health and well-being, including participation in Program and any results therein.
Consult a Professional. Nothing related to this Program is intended to be considered medical, medical nutrition therapy, physical therapy, mental health, legal, financial, or religious advice in any way. For specific questions related to a medical, physical therapy, medical nutrition therapy, or mental health situation, Member must consult a medical or mental health professional. For specific questions related to financial, legal, or tax situations, Member must consult an attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, Member must consult a clergy member or spiritual healer. Member should not start or stop taking any medications because of anything read or received through this Program. Any recommendation of any supplements or other products, etc. is simply offered for educational purposes, and Member needs to check with a medical professional before using any of these products on, in, or near Member’s body in any way. This Program and Program materials are being provided as self-help tools for Member’s use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results Member will experience through this Program. Member agrees that Company is not responsible for Member’s physical, mental, emotional, and spiritual health; Member’s financial earnings or losses; or for any other result or outcome that Member may experience through this Program.


10. Waiver & Release of Liability. Because physical exercise can be strenuous and subject to risk of serious injury, Company recommends Member to obtain a physical examination from a doctor before using any exercise equipment, participating in any exercise activity. or changing their diet. Member agrees that by participating in physical exercise or training activities, Member does so entirely at Member’s own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction, and/or body building enhancement products are entirely Member’s responsibility and Member should consult a physician prior to undergoing any dietary or food supplement changes. Member agrees that Member is voluntarily participating in these activities and assume all risks of injury, illness, or death. Company is not responsible for any loss of Member personal property. Member acknowledges that Member has carefully read this “waiver and release” and fully understands that it is a release of liability.




11. Force Majeure. Either Party will not be held liable for failure of or delay in performing its obligations under this Agreement if such failure or delay is the result of an act of God, such as earthquake, hurricane, tornado, flooding, fire, virus, pandemic, epidemic or other natural disaster, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, riot, government sanction, blockage, embargo, failure of electrical service, power outages, internet/wifi outages, or other hazardous or impossible situation created outside the control of either party. The non-performing party must make every reasonable attempt to minimize delay of performance and give Notice to other Party of non-performance within 5 days of Force Majeure event. In the event force majeure continues longer than 15 days, either party may terminate Agreement or reschedule as permitted under this Agreement. If terminated, the following will apply a) Member will pay the Company for the work completed up until termination; b) Company will retain the non-refundable Advance; c) Company will reimburse any applicable refunds or credits based on a reasonably accurate percentage of Services rendered up to date of termination the total of which will not exceed the Total Cost of Services; and d) Parties will be relieved from further performance under this Agreement.


12. Arbitration Dispute Resolution. Should a dispute arise between Company and Member, the parties agree to attempt to resolve by good-faith negotiations and discussions. Member agrees that failure to see results is not a basis for a “dispute” and agrees they will not hold Company responsible for any specific results, or those results which have been achieved by other members of Company. Grievant party will give Notice to non-grievant party within 5 days of disputed event. If unable to reach a resolution informally within 20 days of Notice, either Party may request a demand for arbitration. Parties agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Houston, Texas, within a reasonable amount of time. The arbitration will be conducted by one arbitrator jointly selected by both Parties, unless otherwise agreed to in writing. If the parties cannot agree on the selection of an arbitrator within 20 days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator will be selected by the American Arbitration Association pursuant to the terms of this agreement. Parties agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The laws of the State of Texas will be applied in the proceedings, without regard to principles of conflict of laws.The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgment of law or decree.


13. Governing Law and Attorney Fees. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law principles.


14. Parties Relationship. Nothing herein will be construed to create an employer-employee, partnership or agency relationship between Company and Member. Company is an independent contractor and not an employee, partner or agent of Member.


15. Non-Disparagement. At all times during Term and indefinitely or the longest period thereafter permitted under law, Parties will not, directly or indirectly, make (or cause to be made) to any person or entity any disparaging, derogatory or other negative or false statement(s) about the other party or their respective affiliates (including its services, policies, practices, operations, employees, sales representatives, agents, officers, members, managers, partners or directors).


16. Notice. All notices or communications hereunder will be in writing and will be deemed effective and duly given on the third day after sent by email, certified mail, return receipt requested, or on the next day after being sent by a recognized courier service for next day delivery, in either case, addressed by the sender to the appropriate party to such other address or numbers as a party may designate by prior notice in accordance with this provision.


17. Confidentiality. Notwithstanding information required to be disclosed by applicable law, each Party will be entitled to disclose the existence of this Agreement but agrees that the terms and conditions of this Agreement will be treated as confidential information and will not be disclosed to any third party.




18. Modification/Assignment. This Agreement contains the entire understanding between Member and Company and may not be modified, waived, assigned or discharged except expressly and in writing signed by Parties as an amendment to this Agreement. Any assignment of this Agreement in violation of this provision will be null and void.


19. Severance of Provisions; Survival of Representations and Warranties. If any of the provisions of this Agreement will be held invalid and/or unenforceable, the remainder of this Agreement will not be affected thereby and will remain in full force and effect. The disclaimers, intellectual property notice, warranties and agreements of the Parties will survive the delivery of the Services and Termination under this Agreement.


20. Waiver. The waiver by a Party of any breach or default in performance will not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein will not be construed to be a waiver of the right of such party thereafter to enforce such provisions.


21. Entire Agreement. This Agreement sets forth the entire understanding of the parties and supersedes any and all prior agreements, oral or written, relating to the subject matter herein. The parties attest that no other representations were made regarding this Agreement other than those contained herein. Modifications to agreement are permissible by an Amendment where both parties expressly agree to the changes in writing and signed by all parties to the agreement.


22. Counterparts. This Agreement may be executed in counterparts, in original all of which will be considered one and the same agreement, and all of which will become effective when one or more such counterparts have been signed by each of the Parties and delivered to the other Party.




By agreeing to these Terms and Conditions, Member confirms they have read this Agreement, asked Company any and all necessary questions, and understands the Agreement.
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