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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:

BodyZone.com
3000 Old Alabama Rd
Suite 119-352
Alpharetta, GA 30022

770-922-0700

within 60 days of service date.  Redeemed certificates must be postmarked within 60 days of service date.

 

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.

 

Redemption Site Application

 

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