This AGREEMENT (this “Agreement”) is made effective on the date the form is received by Dixie Huey of Marco Island, Florida, and the Client signer. Both are sometimes individually referred to as “Party” and collectively referred to as the “Parties.” WHEREAS, the Client desires to hold harmless Favor Fat, LLC from any claims and/or litigation arising out of Dixie Huey’s actions in connection with metabolic and/or fitness coaching. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, both hereby agree as follows to the terms below:
1. Indemnity. The Client agrees to indemnify and hold harmless Favor Fat, LLC and Dixie Huey for any injuries and the like experienced as the result of the Client’s metabolic and/or fitness coaching sessions.
2. Authority to Enter Agreement: Each Party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party.
3. Amendment/ Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
4. Attorneys’ Fees and Costs: If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys’ fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.
5. Entire Agreement: This Agreement contains the entire agreement between the Parties related to the matters specified herein and supersedes any prior oral or written statements or agreements between the Parties related to such matters.
6. Enforceability, Severability, and Reformation: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under Florida law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Florida law.
7. Applicable Law: This Agreement shall be governed exclusively by the laws of Florida, without regard to conflict of law provisions.
8. Exclusive Venue and Jurisdiction: Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the state courts of Florida. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.
BY SIGNING BELOW, THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS CONTRACT AND THAT THE CLIENT IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT. THE CLIENT IS ENTITLED TO AN EMAIL COPY OF THIS CONTRACT AT THE TIME OF SIGNATURE.
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