The Winner's Circle Terms and Conditions

This is your contract. Please read it carefully, because you are making an important commitment to Bari-Fit, Corp.  

THE BASICS

1. You are securing one of a limited number of places Bari-Fit, Corp. offers in The Winner's Circle Membership.
2. The Price is $57.00 (US Dollars) per month.  If you pay per month, this will auto-renew each month, unless cancelled.  
3. By signing this Agreement, you acknowledge that no one has represented to you that refunds are available.  All programs are non-transferable and cannot be paused.  
4. I understand that Bari-Fit, Corp,  are not physicians or registered dietitians. Any information provided is not to be taken as medical advice. It is not intended diagnose, treat, cure, or prevent any health problem – nor is it intended to replace the advice of a physician and I should always consult my physician or qualified health professional on any matters regarding my health.
5. I hereby, release in full and forever discharges and hold harmless that Bari-Fit, Corp, and all coaches in all claims for personal injury, causes of action, liability, loss, cost, damage, or expense, whatsoever which may result or arise, in any manner, from participation in Bari-Fit, Corp, workout-regimens, and/or following any meal plan/structure, macronutrient or supplement suggestions.
6. I represent that I am not aware of any medical or physical condition that would involve a serious health risk to me or that would prevent from participating in this program. I have informed, and agree to keep informed the coaches of Bari-Fit, Corp, of any medical condition or disability that would prevent or jeopardize my participation in any program.
7. Weigh-Ins are due each Monday by 3pm PST.  Failure to weigh-in by this time will forfeit your weigh-in for the week
8. I understand that Bari-Fit, Corp has the right to suspend and/or terminate my participation in any of said programs for any cause or reason whatsoever in their sole discretion, including, but not limited to, lack of proper effort, nonpayment of fees, not showing up to appointments, cancelling appointments without a 24 hour notice, or behavior deemed to be harmful or inappropriate. Any termination of my program(s) shall be without any refund of any fees I have paid.
9. We make it easy to understand what it is like to do business with Bari-Fit, Corp.  Please check out the Privacy Policy and Terms of Use and Terms and Conditions before signing this Agreement. Those policies are part of this Agreement even though they are not spelled out in this document.
10. This Agreement,  [Company Policies and Disclaimers, Facebook Group rules, and the Credit Card Authorization] are the entire agreement between us. These written documents supersede our prior discussions, emails, online or voice messages. By signing, you agree that there is no information that you deem materially important that is not incorporated into this Agreement.

 THIS IS WHAT YOUR GROUP PROGRAM INCLUDES:

1. Services.  Eating Structure, weekly weigh-ins and support via texting.   
2. Group Calls. You will have access to a weekly group call during the duration of your program for one-two hours, where Tosha Stafford will be present to present material on topics and answer questions.  You are invited to weekly group coaching sessions during the program term, to be conducted virtually (via Zoom). Your attendance is critical for the success of this program and there are limited times available. Therefore, please make your best efforts to make our available days work. You will receive a group call link once your payment is received.  All group coaching sessions must be used during the program term or they are forfeited, and all calls are subject to our business policies regarding coaching session scheduling and cancellation.
3. Exclusive Facebook Group. You will have access to the exclusive Facebook Group, where you can submit questions, files and videos and any other materials for the group to critique. Bari-Fi, Corp and Tosha Stafford, will participate in the group with occasional live streams, question and answer sessions, and other information as the group needs dictate.   
4. Materials. You receive access to digital materials used in this program.  

THESE ARE *NOT* INCLUDED:

1. Services.  Any additional done-for-you services outside of your program are not included.  
2. Endorsements.You are not receiving an endorsement from Bari-Fit, Corp. or Tosha Stafford, and neither is any other participant. Do not create the appearance of an endorsement or rely on any person who claims to be endorsed by Bari-Fit, Corp.
3. Ownership of Written Materials.  As a participant, you will have one license to view written materials provided by Bari-Fit, Corp.   You do not have ownership of this information, which is protected by federal copyright laws. Some of the information is also protected by a contractual license between the provider and  Bari-Fit, Corp.  You may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, without express written consent of Bari-Fit, Corp., which it may withhold for any reason, and purchase of a license (prices start at $2,500.00).
4. Trademark Usage.  Bari-Fit, Corp protects its names! You are not receiving permission to use trade and service marks like Dieting One-Habit at a Time, Re-Focus and Succeed, or any other trademark of the Company, even if not listed here.
5. Results Not Guaranteed.You are receiving a space in the program, support and guidance, but not guaranteed results from participating in the program.
6. Confidentiality. Bari-Fit, Corp cannot guarantee confidentiality.  Do not share any confidential and proprietary information which may harm your business or personal interests if repeated, copied, or otherwise transmitted and/or implemented by a third party.

Additional Legal Terms

There is a NO REFUNDS policy.

By signing this Agreement, you acknowledge that no one has represented to you that refunds are available. Even if you cannot participate for any reason, you will continue to be billed according to the schedule in Section 1 of this Agreement.  At no time, can this be rolled over to another program. Bari-Fit, Corp. considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds policy were included. If you initiate a chargeback, Bari-Fit, Corp.  may issue an additional $250 fee to you.

You are a Business Owner.

You enter this Agreement in your capacity as a business owner, not as an individual consumer. This is true even if you do not have a business entity such as a limited liability company. As a business owner, you may have limited rights under the laws of your state, and may be giving up consumer rights.

Disclaimer of Warranties. 

Participant understands the Group Program is offered on an “as-is, where-is” basis, without any implied or express warranty as to its performance or to the results that may be obtained by using the program. This limited warranty is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation.

If we get sued due to something you did:

You agree to indemnify, defend and hold harmless Bari-Fit, Corp., its affiliates, successors and assigns from and against any and all claims, damages, losses, liabilities, lawsuits, costs and expenses (including attorneys’ fees at all tribunal levels) arising out of or related to any activity, work, or other thing done or permitted to be done by you where such liability arises from negligence on your part or the violation of this Agreement.  This includes any liability arising from breach of confidentiality by any party.

Damages are limited under this Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARI-FIT, Corp. WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF BARI-FIT, Corp. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT.

No Professional Advice.

The Company does not engage in the rendering of [medical, legal, or other professional] services. You acknowledge that you will make your own decisions before acting on any information gained from this program. It is further understood that before you utilize any techniques suggested by this program, you should consult licensed professionals as applicable.

No Guarantee of Results; Risk of Loss. 

Results from the group program are greatly dependent upon individual decisions, abilities, and other factors outside Bari-Fit, Corp. control, and Bari-FIt, Corp. makes no guarantees or warranties that information provided to you through the program/challenge will provide results.

Bari-Fit, Corp. can end your participation in the program.

Bari-Fit, Corp. may determine, in its sole discretion and without requiring disclosure of the reason, that the relationship under this Agreement must terminate. In this circumstance, Bari-Fit, Corp. will not provide a refund to you.

Idaho law governs this Agreement and it will be enforced by either party in Idaho. 

This Agreement will be governed by Idaho law, without regard to its conflicts of law principles. I understand and agree that I submit to the personal jurisdiction and venue of this state and agree that any legal proceeding commenced shall take place in Coeur D, Alene, Idaho.

No Assignment; No oral waivers or modifications.

This Agreement may not be assigned to any other party. Its requirements may not be waived or modified except in writing signed by Bari-Fit, Corp.

Electronic Signatures and Other Documents. 

You agree that your electronic signature is valid and binding evidence of your assent to the terms of this Agreement. You agree to sign additional documents which may be necessary to complete the material purpose of this Agreement, including without limitation, payment authorizations.

No relationship.

The parties hereto expressly understand and agree that they are not employers or employees, principals and agents, or partners or co-venturers in the performance of each and every part of this Agreement, and they remain solely responsible for all of their respective employees and agents.

Legal Age.  I further state that I am of lawful age and legally competent to sign this agreement and that my signing this agreement is my own free act and I am not acting under duress, fraud, undue influence or type of mental disability.

I  understand and agree that the terms herein are contractual, and they are not mere recital or simply for informational purposes. I have read the foregoing Agreement, understand its terms, and agree: