Fitness Consultation Services
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT FOR THE NHE FITNESS CONSULTATION SERVICE REFERRAL FEES, FOR WHICH YOU (THE COMPANY IN SEARCH OF A FITNESS REFERRAL), CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL WE (CERTIFYING AGENCY) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, BODILY INJURY, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL NHE CERTIFICATIONS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE SET UP AND MONTHLY FEES SET FORTH IN THIS AGREEMENT, EVEN IF NHE CERTIFICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SPECIFICALLY APPLIES TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
1. As to the terms of this agreement, you agree to pay a five hundred dollar ($500) referral fee for retaining the services of the NHE Freelance Referral Department. All fitness professionals, including but not limited to, Group Exercise Instructors, Yoga Instructors, Personal Trainers, Nutritional Consultants and Pilates Instructors work independently and are not associated with NHE.
2. Time is of the essence in the performance of this agreement. If, as a result of a dispute between the parties hereto regarding the terms and conditions of this Agreement, and subject to the arbitration provision below, either party employs an attorney to enforce its rights hereunder, the party found in default agrees to pay the other party reasonable attorney’s fees and costs incurred to enforce this Agreement. Neither party will be required to perform any term, condition(s), or covenant in this Agreement so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any government authority, or any other cause not reasonably within the control of the party and which by the exercise of due diligence of the party is unable, wholly or in part, to prevent or overcome. This Agreement embodies the entire agreement and understanding of the parties hereto relating to the subject matter hereof and supersedes all prior representations, agreements, and understanding, oral or written, relating to such subject matter.
3. Any controversy arising out of, or relating to, this Agreement or a breach, shall be settled by bringing a proper action in the small claims court, or its equivalent, if arising out of, or relating to, this Agreement, or a breech whose amount in controversy exceeds the jurisdictional limits of the small claims court shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its rules. A judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction. The initiating party shall give written notice to the other party of its decision to arbitrate by providing a specific statement setting forth the nature of the dispute, the amount involved, the remedy sought, and the hearing locale requested. The initialing party shall be responsible for all filling requirements and the payment of any fees according to the rules of the applicable regional office of the America Arbitration Association. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and expenses of any kind. The consideration of the parties to be bound by arbitration is not only the waiver of access to determination by a court and/or jury, but also the waiver of any rights to appeal the arbitration finding.