Member Service Agreement
This Service Agreement (the “Agreement”) is entered into as of the Effective Date by IOME, LLC, a Colorado Limited Liability Company (“IOME”) and the undersigned Member, (the “Member”). IOME and the Member (collectively, the “Parties”) hereby agree as follows:
1. Services & Rates.
Community Membership: $12 per month
Discount on Self Care Services and Products from our IOME Partners
Access to Community Perks of MIND, BODY, and SOUL events and content
2. Billing: Billing will be monthly via autopay, using this payment portal through Kajabi. Member agrees to provide IOME with valid credit card information and specifically authorizes IOME to charge that credit card in the amount of the Monthly Fees on the same consecutive day from when they initially signed up (eg. Signed up on 3/07 payments will be made on the 7th of every month).
3. Term: The Initial Term of this Agreement will be as follows (check applicable box):
X Six-month Term: Services will be provided for a six-month term which will initiate as of the date completing this form, and will be in effect for following six months.
This Agreement will be automatically renewed for a successive term of the same duration of the Initial Term specified herein, unless the Member notifies IOME no later than fourteen (14) days prior to the conclusion of the Initial Term that Member wishes to terminate this Agreement.
Without Cause: Either Party may terminate this Agreement without cause upon fourteen (14) days written or verbal notice to the other Party.
Due to Breach: In the event either Party breaches a material term of this Agreement and fails to correct the breach within seven (7) days of notification of the breach, then the breaching Party will be deemed in default and the non-breaching Party may terminate this Agreement. The non-breaching Party may agree in its sole discretion to extend this Agreement for so long as the breaching Party continues reasonable efforts to cure the breach. Unless waived in writing by the non-breaching Party, it will be deemed a material breach of this Agreement if any invoice remains unpaid more than thirty (30) days after its receipt.
5. Indemnification: The Parties agrees to fully defend, indemnify, and hold each other (or their agents, successors, or assigns) harmless, including payment of all costs of defense, any judgment, fines or penalties, and any attorney’s fees or other costs imposed by a court, agency, or under a settlement agreement, against liability of any kind arising out of their breach of this Agreement.
6. Release: The Member waives, releases, and holds IOME (plus its agents and assigns) harmless from any and all liability or every type arising out of this Agreement, except liability arising out of IOME’s gross negligence or willful misconduct. In any event, to the maximum extent permitted by law, IOME will not be liable for any direct, special, incidental, indirect, punitive, consequential or other damages arising out of this Agreement. Any damages will be limited to actual damages based on reasonable reliance and may not exceed the amount paid by the Member to IOME for services provided.
7. Entire Agreement: This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof, and supersedes all proposals, written or oral, and all other communications between the parties relating to the subject matter of this Agreement.
8. Governing Law: This Agreement and actions taken thereunder shall be governed by, and construed in accordance with, the laws of the State of Colorado. The Parties agree that the courts of the State of Colorado will have exclusive jurisdiction in any dispute arising out of this Agreement.
9. Enforcement: The Parties agree that in any proceeding to enforce any provision of this Agreement, the prevailing Party will be entitled to all costs of suit and a reasonable attorney’s fee. The Member agrees that any past-due invoices will accrue interest at a yearly rate of eight percent (8%) from the due date, and IOME will be entitled to a fee in the amount of One Hundred Dollars ($100.00) for each check returned for insufficient funds.
10. Counterparts: This Agreement may be executed in two or more counterparts, each one of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic, digitally reproduced, and facsimile signatures will be effective as originals.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written.