Bariatric Success GOLD Membership Agreement
This MEMBERSHIP AGREEMENT (this “Agreement”) is entered into by and between Bariatric Success, LLC, an Arizona limited liability company (“Company”) and the Member hereto (the “Member”). This Agreement is made effective as of the date of enrollment by Member into the Bariatric Success Membership Program (the “Effective Date”).
- Assent & Acceptance
By enrolling into the Bariatric Success Membership Program (the “Program”), Member represents and warrants that they have read and reviewed this Agreement and that they agree to be bound by the terms and conditions contained herein. Failure to execute this Agreement shall result in termination of the Member’s participation in the Program. Company’s agreement to provide the Program to the Member and allow Member’s participation in the Program is expressly conditioned on Member’s signing of this Agreement.
- Age Requirements
Member must be at least twenty one (21) years of age to participate in the Program, to accept this Agreement, and access or participate in any Services (as defined below) contained herein. By participating in the Membership Program, the Member represents and warrants that they are at least 21 years of age and may legally agree to this Agreement. Company assumes no responsibility or liability for any misrepresentation of the Member’s age, and is relying on Member’s representation of its age pursuant to Member signing this Agreement.
- Member Benefits
As part of the Program, the Member will receive the following benefits (collectively, the “Services”):
- Access to a personalized virtual curriculum that includes the following:
- 100+ lessons broken down into 4 phases – Balance, Obtain, Define, and Yield
- Extensive approved foods and drinks list
- 52-page recipe guide
- Weekly habit tracker
- Bariatric Success action kit
- Program certificate of completion
- 43-page holiday recipe guide
- Daily group coaching calls
- Access to coaching call recordings
- Access to a private Facebook support community
- Private access to program experts through the Facebook support community
- Lifetime access to the Bariatric Success Wellness Bar Online Dispensary
- 10% discount on products while enrolled in the Gold membership program
- Membership Dues
Monthly membership dues are automatically charged via Stripe thirty (30) days from the date of enrollment and every thirty (30) days thereafter. The payment amount is specifically determined by any coupons, promos or specials that were applied at the Member’s time of enrollment. Declined charges will result in immediate loss of access to all membership resources and any applied special pricing promotions.
- Restrictions on Use of the Program
Member agrees that they will not:
- Share their personalized virtual curriculum or the Services with any non-members;
- Reproduce any of the information received as part of their membership and share it with non-members;
- Post inappropriate, inaccurate or offensive content to the membership community and/or discussions;
- Disrespect or discriminate against any other members or any Company representative or participant; or
- Text or private message any member of the Company team of experts; or
- Disparage the Company, the Program, the Services, or any agents or representatives of the foregoing.
Member acknowledges and agrees that Company shall not be liable for any tangible or intangible damage(s) to Member that may occur as a result of Member’s participation in the Program or the Services. By accepting this Agreement, Member acknowledges and agrees that it fully understands the Program and Services, the risks (if any) that may be inherent in Member’s participation in the Program, and that Member has had a full and fair opportunity to evaluate its participation in the Program.
Member acknowledges, understands and agrees that Company cannot guarantee any results from the Program. Any negative or positive results which may occur during the membership in the Program are the result of the Member’s own personal choices, adherence to the Program, and other individual factors outside of Company’s control.
The Program, the Services and related benefits are provided for informational purposes only. Member acknowledges and agrees that any information posted in the Program (including, without limitation, the curriculum, in the materials, or in the private Facebook support community for the Program) is not intended to be, and shall not be construed as, legal advice, medical advice, or financial advice, and no fiduciary relationship has been or will be created between Member and Company as a result of this Agreement or Member’s participation in the Program. Member further acknowledges and agrees that their participation in the Program is their own risk. Company hereby disclaims any responsibility or liability for any advice or other information given in the curriculum, in the materials, or in the private Facebook support community..
Company will not share any contact or other personal information about the Member with other members, non-members or any third parties other than as may be necessary to deliver the Program and perform the Services.
- Membership Termination
Either Member or Company may terminate this Agreement with the Member at any time for any reason, with or without cause. If Member terminates this Agreement for any reason, they will not be charged for their next billing cycle, but any charges already incurred will not be eligible for refund.Terminating this Agreement does not entitle Member to a refund on any charges incurred with Company, including without limitation, any partial billing cycle(s) which have already been paid or any prepaid fees.
- Entire Agreement; Amendments
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, shall supersede any prior agreements between Consultant and the Companies with respect thereto and may not be amended except by a writing signed by the party against whom such amendment is sought.
- Governing Law
This Agreement shall be construed in accordance with the laws of the State of Arizona without regard to its conflicts of laws provisions.
If any provision of this Agreement is declared or found to be illegal, unenforceable or void, then such provision shall be null and void but each other provision hereof not so affected shall be enforced to the full extent permitted by applicable law.
This Agreement may be executed in counterparts by a duly authorized individual of each of the parties hereto.