BUDDY BRAND FITNESS LLC
Contract & Operations Agreement
1. Introduction
This contract is made between Buddy Brand Fitness, LLC ("Service Provider") and the client ("Service Receiver"). By signing this contract, both parties agree to abide by the terms outlined below.
2. Requirements by Service Provider
(a) Buddy Brand Fitness, LLC agrees to deliver all services chosen by the client.
(b) The Service Provider will work to the best of their ability to help the client achieve their goals.
(c) All client information will be kept confidential unless explicit permission is given.
(d) Buddy Brand Fitness, LLC will adhere to the latest transaction policies.
(e) The Service Provider will comply with all terms set forth in this contract.
3. Requirements by Service Receiver
(a) The client must adhere to all provisions of this contract.
(b) The client will prioritize their health and safety while following the program.
(c) A minimum service commitment of three (3) months is required.
(d) Confidentiality must be maintained regarding all services and plans received.
(e) Any dissatisfaction must be immediately communicated to Buddy Brand Fitness, LLC, and disputes must be resolved through arbitration. Clients agree to first attempt to resolve any disputes directly with Buddy Brand Fitness, LLC before initiating a chargeback. Unauthorized chargebacks may result in collection efforts, legal action, and liability for associated costs, including chargeback fees imposed by the payment processor.
4. Billing
(a) Clients must pay in full at the time of contract signing.
(b) Payment must be made on or before the Friday preceding the start of services.
(c) Clients may prepay for multiple months in advance if desired.
(d) Payment plans or installment options are not directly offered by Buddy Brand Fitness, LLC under this agreement. An installment plan may be offered by the payment processor, Stripe, upon credit approval.
5. Refunds and Chargebacks
(a) All sales are final, and no refunds will be issued once the transaction is completed, except under the following conditions:
If Buddy Brand Fitness, LLC is unable to provide the purchased service.
If the client cancels prior to the initial onboarding call (subject to the cancellation fee described below).
(b) Refunds, if applicable, are subject to a 15% administrative fee to cover processing costs, commissions, and administrative expenses incurred by Buddy Brand Fitness, LLC.
6. Cancellations & Client Dismissals
(a) Cancellations will incur a $1,000 administrative fee, which covers preparatory work, scheduling commitments, and operational costs associated with service initiation. This fee is not a penalty but a reimbursement for resources allocated.
(b) Cancellations must occur before the initial onboarding call.
(c) Buddy Brand Fitness, LLC reserves the right to discontinue services if a client fails to attend scheduled sessions for 30 consecutive days without prior notice or fails to comply with program requirements as outlined in the service agreement.
7. Non-Compete Agreement
(a) Clients agree not to create, promote, or sell fitness programs that are substantially similar to Buddy Brand Fitness, LLC’s proprietary methods within a 50-mile radius of its primary business location for a period of two (2) years following completion of services.
(b) This clause does not apply to clients explicitly enrolled as coaching clients for the purpose of becoming certified coaches under Buddy Brand Fitness, LLC.
(c) Any violation of this agreement may result in legal action.
8. Commercial Use of Information
(a) By signing this contract, the client grants Buddy Brand Fitness, LLC permission to use before-and-after photos, testimonials, and statements for promotional purposes.
(b) Any monetization of these materials remains the sole property of Buddy Brand Fitness, LLC, and the client forfeits all rights to future compensation.
9. Liability Disclaimer
(a) Clients acknowledge the inherent risks associated with health and fitness activities.
(b) Buddy Brand Fitness, LLC is not liable for injuries arising from the ordinary risks of fitness programs. However, this waiver does not apply to claims resulting from gross negligence or intentional misconduct by Buddy Brand Fitness, LLC.
(c) Clients are required to obtain medical clearance before beginning any program.
10. Arbitration Agreement
(a) Any disputes arising from this contract must be resolved through binding arbitration.
(b) Arbitration will take place in the United States and will follow the rules of the American Arbitration Association (AAA).
(c) Both parties waive their right to a jury trial or class-action lawsuit.
(d) This arbitration agreement covers all potential disputes, including contract interpretation and service satisfaction, to prevent litigation loopholes.
11. Enforceable Non-Disclosure Agreement (NDA)
(a) Clients agree not to disclose, distribute, or share any proprietary information, training methods, or business strategies of Buddy Brand Fitness, LLC that are not publicly available.
(b) This NDA applies for a period of two (2) years following the termination of services.
(c) Any breach of this NDA will result in legal action and potential financial damages, provided that enforcement complies with Florida’s legal standards regarding restrictive covenants.
(d) Nothing in this NDA shall prevent a client from reporting unlawful activity to appropriate authorities or exercising legally protected rights.
12. Force Majeure
(a) Buddy Brand Fitness, LLC is not liable for failure to perform obligations due to unforeseen circumstances beyond its control, including but not limited to natural disasters, government actions, or pandemics.
(b) In the event of force majeure, obligations will be suspended until resolution is possible.
13. Severability Clause
(a) If any part of this contract is deemed invalid, the remainder of the contract remains enforceable.
(b) Any invalid provisions will be modified to closely align with the original intent while maintaining legal enforceability.
14. Non-Disparagement Clause
(a) Clients agree not to make false, misleading, or defamatory statements about Buddy Brand Fitness, LLC in public forums, social media, or other outlets. However, this provision does not restrict clients from expressing their honest opinions or lawful consumer reviews.
15. Governing Law & Venue
(a) This contract and any disputes arising from it shall be governed by and construed in accordance with the laws of the State of Florida.
(b) Any legal action arising from or relating to this contract shall be brought exclusively in a court of competent jurisdiction in Miami-Dade County, Florida.
16. Addendums & Modifications
(a) Buddy Brand Fitness, LLC reserves the right to modify the terms of this agreement as necessary, provided that such modifications do not materially alter the client's rights under Florida consumer protection laws.
(b) Clients will be notified of any material changes via their registered email or through the official company website.
(c) Continued use of services after a modification constitutes acceptance of the revised terms. However, any changes that materially impact a client's obligations or rights will require explicit consent where legally required under Florida law.
17. Acknowledgment and Agreement
By signing below, all parties acknowledge and agree to the terms stated above. This document is legally binding and enforceable in arbitration.
Owner:
Buddy Lewis, d.b.a Buddy Brand Fitness, LLC
Client: __________________________________
Date: ______ / ______ / ____________