Agreement for Services and Terms & Conditions
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING PEGASUS EMPOWERMENT’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH RISE LEAN TOTAL TRANSFORMATION PROGRAM. BY ACCESSING OR USING THE PROGRAMS, YOU MUST ACKNOWLEDGE THAT
- YOU HAVE READ THIS AGREEMENT,
- YOU UNDERSTAND IT, AND
- THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a agreement between Pegasus Empowerment LLC, 600 Broadway Ste 200, Albany, NY, United States, 12207 (“PE”), and You — the client.
WHEREAS, PE is engaged in this business of lifestyle and weight-loss coaching services; and
WHEREAS, YOU desire to engage PE to provide lifestyle and weight-loss coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation;
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership
1.1. Programs: Under the terms of this Agreement, PE agrees to provide lifestyle and weight loss coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Your access to such Programs is made conditional on payment of such Program Fee.
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the two-month Rise Lean Total-Transformation Coaching Program.
SECTION 2: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly attained access to any Programs offered by PE by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System are the sole Intellectual Property of PE under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and PE, PE and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/ or Visual Presentations, Documentation, and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of PE, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that PE uses in connection with services rendered by PE are marks owned by PE. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 3: USE OF SERVICE
3.1. No replacement of medical services. PE is a program focused on creating a healthy, balanced, and natural lifestyle. In no event will PE offer medical consultancy services or conduct any medical prescription to YOU or be liable to any medical symptoms that occur within and after this two-month program. In other words, this program is not intended to replace any medical services you should be receiving from the doctors, and YOU have the responsibility to ensure that you are in the physically fit situation to participate in this program. Also, during the program, in no event should you prioritize PE’s coaching over your doctor’s recommendations and it’s your responsibility to fully disclose any medical situations that could hinder your results and health at the beginning of the program, and consult your doctor throughout to ensure suitability.
3.2 No Guaranteed Outcome.You understand that PE makes no guarantees, either express or implied, regarding specific outcomes or interactions with a specific person or persons. You further understand that this is a “done with you” program that requires your commitment and participation in order for the Services to be effective. Any payment made by you to PE is final and non-refundable.
3.3. Commitment to the Program. By reading the terms of this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program(s) to the best of your ability. You further agree to attend ALL scheduled Q&A and coaching sessions included as part of the Program, and submit ALL assignments that you are required to submit. You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
3.4. Termination for Unprofessionalism. You agree that the PE may, at its sole discretion, terminate this agreement, and limit, suspend, or remove any participant from continuing in the program at any time without a refund if the participant ceases to follow the program guidelines, becomes disruptive or difficult to work with or if the participant violates the confidentiality and intellectual property terms as presented below.
3.5 This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or PE may terminate the Services at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party if the participant ceases to follow the program guidelines, becomes disruptive or difficult to work with or if the participant violates the confidentiality and intellectual property terms as presented in this Agreement.
SECTION 4: Miscellaneous
4.1. Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold PE, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and PE concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with PE relating to the Program, whether oral or written.
4.4. Amendment: PE reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.ricelean.com.
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of New York. The venue for any dispute shall be in the County of Albany.
4.6. Attorneys’ Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.