This Agreement is made between Natick Youth Fit, LLC and any person (“Customer”) (each individually a “Party,” and together, the “Parties”) who checks the website box indicating acceptance of the terms of this Agreement.
BY CHECKING THE BOX, ON THE WEBSITE OF NATICK YOUTH FIT, BESIDE THE LANGUAGE “I HAVE READ AND AGREE TO THE NATICK YOUTH FIT CONSULTING AGREEMENT” AND BY CLICKING “COMPLETE ORDER,” I CONFIRM THAT I HAVE READ, AND AGREE TO BE BOUND BY THE TERMS OF, NATICK YOUTH FIT’S CONSULTING AGREEMENT,” OR SUBSTANTIALLY SIMILAR LANGUAGE, CUSTOMER EXPRESSLY AGREES TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, AND CONFIRMS THAT SUCH PROCEDURE CONSTITUTES EXECUTION OF THIS AGREEMENT WITH THE SAME EFFECT AS A PHYSICAL SIGNATURE. IF A PERSON DOES NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, OR OTHERWISE CHOOSES NOT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, HE OR SHE SHOULD NOT CHECK THE AFOREMENTIONED BOX.
WHEREAS, the Customer desires to hire Natick Youth Fit to provide services described in Section 1 of this Agreement; and
WHEREAS, the Parties desire to enter into an agreement establishing the terms and conditions upon which Natick Youth Fit, acting as an independent contractor, will provide such services to Customer;
NOW, THEREFORE, the Parties hereby agree as follows:
1. Scope of Work. The Customer engages Natick Youth Fit to furnish the services, further described on the website of Natick Youth Fit, that are listed on any invoice that Natick Youth Fit provides to Customer, and Natick Youth Fit agrees to provide such services (the “Services”). The Parties may amend the agreed scope of work by written agreement.
2. Status of Customer; Minors. If Services under this Agreement are provided to a person that has not reached the age of 18 years, the Customer for purposes of this Agreement shall be the parent or legal guardian of that person. The identity of the recipient of Services under this Agreement, if different than the Customer, must be provided separately to Natick Youth Fit in connection with the execution of this Agreement. Engagement of Natick Youth Fit to provide services to additional individual(s) will require the execution of new consulting agreement(s). By executing this Agreement, the Customer represents that he or she is 18 years of age or older. To the extent that the recipient of Services under this Agreement has not reached the age of 18 years, that person shall not be permitted to purchase, book, cancel, reschedule, or otherwise independently transact with Natick Youth Fit to alter, or obtain new, services. The Customer shall be responsible for any charges or other alterations made on his or her account by any recipient of Services under this Agreement, including, at the sole discretion of Natick Youth Fit, an additional charge of 3% per credit card transaction (whether purchase, or refund) in the case of duplicative transactions (such as in the case of a minor mistakenly ordering the same service multiple times), to offset processing fees incurred by Natick Youth Fit for such duplicative transactions. The Customer shall at all times be responsible for ensuring that the recipient of Services attends any scheduled appointment with Natick Youth Fit, and that any necessary equipment or accommodations for receiving such Services are provided and available.
3. Consulting Fees. The Customer agrees to pay Natick Youth Fit in accordance with the price and payment terms set forth on any invoice provided by Natick Youth Fit to Customer in connection with the Services. If the Customer fails to timely pay any invoice, Natick Youth Fit may suspend work and/or withhold work product until the invoice is paid; unpaid balances shall accrue interest at the rate of 1.5% per month after 30 days from the invoice date. Natick Youth Fit shall be entitled to all costs of collection and/or enforcement of this Agreement, including reasonable attorney’s fees. Natick Youth Fit reserves the right to change its rates for services at any time, and without notice.
5. Cancellation/Rescheduling Policy. Scheduled classes, trainings or events that have been scheduled and prepaid may be rescheduled up to 24 hours before the start time of the originally- scheduled class, training or event. Any scheduled class, training or event with Natick Youth Fit that the Customer cancels fewer than 24 hours before the start of such class, training or event, will be charged at full value to the Customer. Natick Youth Fit may reschedule or cancel a scheduled class, training or event at any time.
6. Responsibilities of Parent or Legal Guardian of Minor. To the extent that the Services include in-person tutoring or coaching, or other in-person services provided to a person that has not reached the age of 18 years, it shall be the responsibility of the parent or legal guardian of that person to ensure he or she arrives at the designated facility at the designated time for any scheduled appointment, and that he or she is promptly picked up at the conclusion of the scheduled appointment. If this provision applies, the parent or legal guardian, as Customer, hereby acknowledges that no supervision will be provided before or after the period of time scheduled for a given appointment for in-person services.
7. Testimonials. The Customer hereby authorizes Natick Youth Fit to copy, exhibit, publish, distribute or otherwise use and disclose any testimonial statement of Customer or of any child receiving services from Natick Youth Fit of whom Customer is the parent or legal guardian, for purposes of publicizing Natick Youth Fit’s services and products, marketing, and any other lawful purpose. These testimonial statements may be used in any distribution media, including but not limited to print, television, radio, internet, and in-person presentations. Natick Youth Fit will notify Customer prior to disclosing any testimonial statement of Customer or of a child of whom the Customer is the parent of legal guardian, and will provide at that time the option to make such testimonial anonymous.
8. No Recording By Customer. The Customer, and any other recipient of Services under this Agreement, agrees not to record, download, or transmit (by digital or other means) any audio, visual, or other media material, relating to or derived from services provided under this Agreement, and agrees not to allow third parties to participate in such services or otherwise record, download, or transmit media relating to or derived from such services. This prohibition on transmission shall apply to internet links to individualized content or Natick Youth Fit’s online scheduling system.
9. Communications Consent. The Customer and any other recipient of services under this Agreement, acknowledges, understands, and agrees that Natick Youth Fit may communicate directly with the recipient of services under this Agreement via electronic mail, messaging applications or other similar electronic communications media.
10. Client Portal. Natick Youth Fit may provide access to a “Client Portal” on the internet, to its Customers and recipients of Services under this Agreement. Any material contained on this Client Portal, including, but not limited to, videos and audio files, documents, or data of any kind (“Client Portal Material”) is provided exclusively for the convenience of Customers and recipients of Services under this Agreement, and shall not be construed as part of the Services for which the Customer has contracted under this Agreement. Accordingly, Natick Youth Fit makes no representations about the accuracy of the Client Portal Material, including calendars of scheduled classes, training and events, and disclaims all warranties, either express or implied, with respect to the Client Portal. Customer understands and agrees that Natick Youth Fit may discontinue the Client Portal at any time, without notice, and that neither Customer nor any recipient of Services under this Agreement has any right, title, or interest in Client Portal Material. Customer agrees not to share login credentials to the Client Portal with any person that is not a recipient of Services under this Agreement.
12. Independent Contractor. Natick Youth Fit is an independent contractor, and is not the agent or employee of the Customer. The Parties are independent entities whose relationship is governed by this Agreement.
13. No Warranty or Third-Party Beneficiaries. Natick Youth Fit makes no warranty that if its recommendations or workouts are followed, any particular result (including, but not limited to, weight loss, improved mood, or improvement in athletic performance) will occur. Natick Youth Fit disclaims any and all warranties, express or implied, and does not guarantee any results. No provision in this Agreement is intended or shall create any rights with respect to the subject matter of this Agreement in any third party.
14. Indemnity. The Customer shall indemnify and hold harmless Natick Youth Fit and its affiliates, officers, directors, volunteers, and employees from any and all damages and/or claims arising out of Natick Youth Fit’s work on behalf of Customer, including costs of defense, provided, however, that the Customer shall have no obligation to indemnify or hold Natick Youth Fit harmless for any damages or claims that arise in whole or in part from the Natick Youth Fit’s own negligence or intentional acts.
15. Liability, Breach and Remedies. Natick Youth Fit shall not be liable to the Customer for any consequential or incidental damages, and to the extent permitted by law, any liability of Natick Youth Fit to Customer regarding the subject matter of the Services or this Agreement shall be limited to sums paid by Customer to Natick Youth Fit pursuant to this Agreement. In no event will Natick Youth Fit be liable with respect to any claims arising out of or related to the Services or this Agreement for any damages related to access to, use of or inability to access or use the Services or any portion thereof, including without limitation, interruption of service due to poor internet connection, device malfunction, or any other reason, or cessation or modification of any aspect of the Services. By way of example and not limitation, Natick Youth Fit shall not be required to refund to Customers sums paid for Services that cannot be completed due to disruptions in internet service.
16. Termination. This Agreement is effective as of the date of its execution by the Customer, and shall continue in effect until cancelled by either Party upon written notice to the other Party. The Customer may terminate this Agreement without cause at any time upon written notice to Natick Youth Fit, whereupon Customer shall immediately be liable to Natick Youth Fit for any unpaid invoices.
17. Miscellaneous. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof. All prior negotiations are merged into this Agreement. This Agreement shall be governed by the laws of Massachusetts. The obligations and benefits of this Agreement shall be binding upon and inure to the benefit of the Parties and their successors. Each Party warrants that it is duly authorized to enter into and perform its obligations under this Agreement. All references to Natick Youth Fit in this Agreement shall include its employees, contractors, agents, and successors in interest.