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BodyZone.com Gift Certificate Redemption Site Agreement Terms and Conditions
This is an Application and Agreement for becoming an approved BodyZone.com Gift Certificate Redemption Site (Redemption Site). Submitting an application to BodyZone.com does not guarantee approval. Applicants will receive a confirmation email within 4 weeks, notifying them of Redemption Site approval or denial. Redemption Site Agreement (Agreement) becomes active and effective on the start date indicated in the confirmation email. BodyZone.com reserves the right to deny approval for any reason including, but not limited to (1) Failure to meet all of the terms and conditions listed within this Agreement; (2) Failure to comply with terms and conditions of BodyZone.com Professional Membership; (3) Incomplete application; (4) Over saturation of territory. Rights
and responsibilities of Redemption Site take effect on the start date indicated
in the confirmation email. Redemption Site remains active, and the terms of this
agreement remain intact until and unless either party chooses to terminate
active Redemption Site status. See "TERMINATION" policy below. Redemption
Site understands and agrees to the following: 1.
Redemption Site shall accept and redeem valid BodyZone.com Gift
Certificates (Certificates) presented for any services, classes, and/or products
sold.
2.
Redemption Site shall maintain and offer one or more of the following
service modalities: Massage Therapy, Yoga Classes, Pilates Classes, PostureBall
Classes, other PostureExercise services, Fitness.
3.
Redemption Site shall offer the same level of services and charge the
same fees to Certificate Purchasers as offered to those not having Certificates.
4.
Redemption Site is responsible for verifying validity of Certificate and
will not accept a Certificate past its stated expiration date.
5.
Redemption Site agrees to promptly inform BodyZone.com if Redemption Site
reduces the level of services offered, or inability to provide services listed
in BodyZone.com directory.
6.
Redemption Site agrees to promptly inform BodyZone.com of any problems
and/or conflicts that may arise.
7.
Redemption Site agrees to promptly inform BodyZone.com of any changes to
the business e-mail address, phone number, street address, and/or business name.
8.
Redemption Site understands and agrees to the financial terms as stated
below: a)
BodyZone.com will pay Redemption Site 95% of face value of valid
Certificates.
b)
Redemption Site understands and agrees that BodyZone.com retains 5%
commission (5% of the face value of each redeemed Certificate).
c)
Redemption Site shall mail redeemed certificates to:
9.
Redemption Site shall comply with all policies and guidelines as stated
within this Agreement. Redemption Site understands BodyZone.com may, from time
to time, provide written email notice of policy changes.
All changes will be posted on the BodyZone.com website (http://www.bodyzone.com/custom/gcagreement.html)
and may be sent to the Redemption Site via e-mail. All changes will be effective 30 days from the date of
posting or notification, or as otherwise noted on the website or in the e-mail
notification. 10.
Redemption
Site agrees to comply, and further agrees to be solely responsible to verify
that any person providing services under Redemption Site’s Agreement will
comply, with all regulations, licensing requirements, business licensing
requirements, professional association rules, state and federal laws and all
other requirements applicable to its profession. If requested, Redemption Site
agrees to provide a copy of its license (and subsequent renewals) to
BodyZone.com. Redemption Site represents and warrants that its license and
malpractice insurance coverage is current and valid, and Redemption Site will
notify BodyZone.com of any changes. All information provided by Redemption Site
to BodyZone.com must comply with all applicable laws, rules and regulations.
11.
Redemption Site is solely responsible for content and accuracy of
professional directory listings. Redemption Site will maintain Professional
BodyZone.com Membership, and has read, understands and agrees to the terms of
Membership as stated on the BodyZone.com website: http://www.bodyzone.com/custom/Terms.html.
12.
Redemption Site shall not offer, advertise or provide any services or
products that are unlawful, or sexual in nature.
Redemption Site accepts responsibility to report any unlawful
solicitation to appropriate state and local law enforcement agencies. BodyZone.com
agrees to the following: 1.
Make payment to Redemption Sites within 4 weeks of receiving each
properly redeemed, valid Certificate in the amount of 95% of the face value of the certificate.
2.
Redemption Site shall retain 100% of any and all sales dollars above the
Certificate face value.
3.
Approved Redemption Sites will be listed in the printed directory.
Directory may be updated or supplemented quarterly throughout the calendar year.
4.
Review, and then post approved Member professional directory listings on
the BodyZone.com website.
5.
Provide each Certificate Purchaser with access to the Redemption Site
directory.
6.
Provide each Certificate Purchaser with printed information on accessing
the online professional member listings directory.
7.
BodyZone.com will conduct advertising and marketing campaigns in an
effort to promote Certificates, and drive business to Redemption Site.
However, no guarantee of business for Redemption Site is made. BodyZone.com
and Redemption Site agree as follows: 1.
It is the intent of BodyZone.com that Certificates be redeemed at a
participating Redemption Site. BodyZone.com Certificates
may be used for any services, classes or products sold. The entire face value of
Certificate must be redeemed on date of visit.
Certificate will state that no portion of the Certificate is redeemable
for cash. In the event a balance remains on the Certificate, the
Redemption Site will issue the Purchaser a credit for the balance to use in
their specific facility. Certificates
may be used to pay gratuity at the Redemption Site's discretion.
2.
Redemption
Site and BodyZone.com are independent entities and nothing within this Agreement
creates a partnership, joint venture, agency, sales representative or employment
relationship between the parties. Redemption Site indemnifies, holds harmless
and agrees to defend BodyZone.com from and against all third party claims,
losses, liabilities, damages and expenses, including attorney’s fees, arising
from or associated with, including but not limited to: any and all services or
products provided or sold by Redemption Site, information, statements and other
material offered or sold by Redemption Site; breach of any representation,
warranty, or covenant by Redemption Site; performance of Redemption Site’s
obligations under or associated with this Agreement; or negligence or willful
misconduct of Redemption Site. Redemption
Site further agrees to pay for and/or reimburse BodyZone.com for all attorneys
fees and costs incurred by BodyZone.com in defending any claims from said
third parties.
3.
If
any provision of this Agreement is deemed to be unenforceable, the remainder of
this Agreement will remain in full force and effect. The terms of this Agreement
shall inure to the benefit and obligation of Redemption Site’s assigns,
representatives, heirs and successors. Redemption Site and BodyZone.com agree
that the laws of the State of Georgia shall govern this agreement. Any
controversies that arise in connection or association with this agreement shall
be litigated in the State of Georgia. Redemption
Site acknowledges it has read this Agreement and agrees to all terms and
conditions contained within.
4. Termination: Redemption Site remains active until either party notifies the other in writing of their intent to terminate Redemption Site Agreement. A termination letter will be prepared by BodyZone.com and delivered in writing, via e-mail or US Mail, to the Redemption Site as confirmation and/or notification of official date of termination. The terminated Redemption Site will be removed from BodyZone.com print and website directories in a timely manner following notification of termination.
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