Terms & Conditions

TERMS OF SERVICE

TERMS OF PURCHASE

REALM BY JAIME MOROCCO LLC

DREAM BODY, DREAM LIFE

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by JAIME MOROCCO (“Coach”), acting on behalf of REALM BY JAIME MOROCCO LLC(“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

  1. TERMS. Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the DREAM BODY, DREAM LIFE program

    THEREFORE, the Company and the Client agree as follows:

    1.TERMS.

    2.During the term of this Agreement, the Client will work with Jaime Morocco and/or another coach working on behalf of the Company (hereafter each are separately or jointly referred to as the “Coach”).

    3.Coach agrees to provide weight loss and nutrition coaching in accordance with the specific services set forth in the Private Coaching Package (the “Package”) as outlined in Attachment A.

    4. The services to be provided by the Coach to the Client are coaching as designed jointly with the client and include nutrition guidance, workout plans, mindset coaching, and personal training. Coaching, which is not advice, therapy or counseling, may address specific personal projects or general conditions in the Client’s life, health, or profession.

    5. Client is aware that the Coach is not a licensed physician, therapist, or medical professional, does not practice medicine or perform therapy; does not treat or solve medical or therapy issues nor treat disease or medical conditions or ailments; and is therefore not a replacement for Client’s therapist or physician. If Client is presently under any form of psychiatric care or specialized medical supervision, Client is to inform the Coach prior to working together.

    6. The Coach will endeavor to respond to Weekly Monday Client Check-ins within the same day if submitted prior to 9:00 am EST or otherwise within forty-eight (48) hours. For other communication guidelines, refer to Attachment A.

    7. Client agrees to cancel or reschedule a session at least twenty-four (24) hours prior to a scheduled session. If client does not reschedule prior to twenty-four (24) hours prior to the scheduled start time of a session, that session will be forfeited.

    8. Client hereby agrees not to share any login information, call-in numbers, passwords, protected links, or other media and the content therein with any third Party and you acknowledge that doing so is a material breach of this Agreement. You are responsible for maintaining the confidentiality of all such information and you agree to make every reasonable effort to prevent unauthorized third-Parties from accessing such information and you agree to notify the Company immediately of any unauthorized use.

    9. METHODOLOGY. Coach will employ a range of methodologies. Client agrees to be cooperative and open minded and to partake in methods proposed. Client understands that the Coach makes no guarantees as to the outcome or results of the sessions or package.

    10. PAYMENT. In consideration of the provision of the services by the Company and the rights granted to Client under this Agreement, Client shall pay the fees in US dollars via the payment method in Attachment A. In the event payments are not received by the Company within thirty (30) days after becoming due, the Company may: (a) charge interest on any such unpaid amounts at a rate of 1% per month, or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and (b) suspend performance of all services set forth in the Package until payment has been made in full. So that Client is fully invested in this Package, no refunds will be issued. Client understands that Client is responsible for all payments whether or not Client is fully participating in or completes the Program. No exceptions will be made in this matter and the Company reserves the right to take legal action to collect payment. There are no program holds or freezes.

    Missed payments: In the event that there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 72 hour grace period to make the payment following the due date, whether paying in full or by installment, otherwise the Program will be put on hold.

    If no payment is made within 14 days, the client's information will be sent to FCR collections for payment collection as outlined in #25.

    11. Taxes. Client shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local government entity on any amounts payable by Client hereunder.

    12. For payment plan clients, each Party hereto acknowledges that the Coach will charge the credit card chosen by the Client on the dates and for the amounts specified in Attachment A. If there is a problem with timely payment, the Package will be suspended until payment is made in full.

    12. Taxes. Client shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local government entity of on any amounts payable by Client hereunder. 14. For payment plan clients, each Party hereto acknowledges that the Coach will charge the credit card chosen by the Client on the dates and for the amounts specified in Attachment A. If there is a problem with timely payment, the Package will be suspended until payment is made in full.

    13. DISCLAIMERS. By participating in coaching services, Client acknowledges that Jaime Morocco and/or any other coaches representing the Company are not medical doctors, psychologists, and/or therapists, and services do not replace the care of other professionals. Coaching is in no way to be construed or substituted as psychological counseling, medical treatment or any other type of therapy. The Company and its coaches provide wellness recommendations and advice concerning nutrition but we are not dietitians, nutritionists or nutrition counselors.There is no guarantee that participation in this Package will result in the Client losing weight or achieving any physical or mental result.

    The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is to be taken as recommendations only. The Coach may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice as to whether to implement such changes. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided, including from the use of any third-Party apps or other tools.

    The Coach may provide Client with third-Party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-Party to the Client. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-Party.

    Any testimonials or examples shown through the Company’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of this program and/or services. Client acknowledges that the Company has not and does not make any representations as to the future result, positive or negative, that may be derived as a consequence of use of the website, programs, products or services. Client acknowledges the Company will not be held responsible for any physical injury that may results from participation.

    14. RELEASE AND WAIVER OF LIABILITY. By execution of this agreement, Client hereby agrees to indemnify and hold harmless the Company from any loss, liability, damage, or cost Client may incur due to participation in the Package. Client is participating in online coaching during which Client will receive information and instruction about physical activity or similar and You acknowledge that activity may require physical exertion, which may be strenuous and may cause physical injury, and Client is fully aware of the risks and hazards involved. Client acknowledges that it is Client’s responsibility to consult with a physician prior to and regarding participation in any physical fitness program. Client represents and warrants that Client has no medical condition that would prevent Client’s participation in physical fitness activities.

    Client agrees to assume full responsibility for any risks, injuries or damages, known and unknown, which Client might incur as a result of participating in online coaching. Client knowingly, voluntarily, and expressly waives any claims Client may have against the Company, or the Coach, for injuries or damages that Client may sustain as a result of participating in coaching or classes. Client agrees on behalf of him or herself (and all Client’s personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the Company (and Company’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Coach, whether active or passive, or any of Coach’s affiliates, employees, agents, representatives, successors, and assigns.

    15. CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either Party during discussions, coaching sessions, or otherwise. Client acknowledges that Coach may share confidential information or coaching sessions with Coach’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not

    apply to information that is subsequently acquired by the receiving Party from a third Party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.

    16. AUDIO AND VIDEO RELEASE. Client hereby authorizes the Company, in its discretion, to use Client’s story as a testimonial and further agrees to allow the Company the use of Client’s voice, photo, and likenesses captured via photograph, audio, video or other technology. Client further authorizes the Company to use any such likeness captured pursuant to this Agreement for promotion and marketing purposes now and in the future. (Photos will never include Client's face unless explicit permission is received. Client will be asked for permission to use face in photos).

    17. INTELLECTUAL PROPERTY RIGHTS. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product, and other materials that are delivered to Client under this Agreement or prepared by or on behalf of Company in the course of performing the services in the Package shall be owned by Company. Company hereby grants Client a license to use all Intellectual Property Rights free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable Customer to make reasonable use of the services in the Package.

    18. DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.

    19. FORCE MAJEURE. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, a global health pandemic as defined by the World Health Organization, country travel advisories, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement (except for any obligations of Client to make payments to Company hereunder), the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

    20. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they will not engage in any conduct or communications with a third Party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or Company or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

    21.DISPUTE RESOLUTION. If a dispute is not resolved first within thirty (30) days by good-faith negotiation between the Parties to this Agreement, any controversy or dispute to this Agreement shall be submitted exclusively to and administered by the American Arbitration Association under its Commercial Arbitration Rules before one arbitrator and such controversy or dispute may not be instituted in a court or in any other forum The arbitration shall be conducted in the English language. The arbitration shall be completed within ninety (90) days from the date of the initial arbitration demand and shall take place in person in-Miami, Florida or, if it is not legally possible to hold the arbitration in person in Miami, Florida, due to the Covid-19 pandemic, then the arbitration will be held online via Zoom or another similar audio-visual means on the internet. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process begins and is completed within the ninety (90) day period. The award of the Arbitrator(s) shall be deemedconclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

    22. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.

    23. GOOD FAITH. Each Party represents and warrants to the other that such Party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.

    24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Parties and supersedes all prior agreements between the Parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Company.

    The Parties have caused this Agreement to be signed by their duly authorized representatives as of the Effective Date.

    25. Client understands that if Client has an unpaid balance to Realm by Jaime Morocco LLC and does not make satisfactory payment arrangements within 14 days of failed payment or payment due date, Client’s account will be placed with an external collection agency. Client will be responsible for reimbursement of the fee of any collection agency, which may be based on a percentage up to a maximum of 35% of the debt, and all costs and expenses, including reasonable collection and attorney’s fees incurred during collection efforts.

    In order for Realm by Jaime Morocco LLC or their designated external collection agency to service Client’s account, and where not prohibited by applicable law, Client agrees that Realm by Jaime Morocco LLC and the designated external collection agency are authorized to (i) contact Client by telephone at the telephone number(s) Client is providing, including wireless telephone numbers, which could result in charges to Client, (ii) contact Client by sending text messages (message and data rates may apply) or emails, using any email address Client provides and (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable.

    ATTACHMENT A

    Private Coaching Package Terms

    Program Length: 168 days (6 months). Program starts the day AFTER the client protocol is sent.

    Services. As a member of DBDL you will be given access to online coaching services. These services include workouts, nutrition guidance, and mindset coaching.

    • DBDL Academy Membership Course

    • DBDL Academy Workouts

    • Personalized Nutrition Protocol

    • Orientation Call

    • Weekly Group Coaching Call

    • Weekly Office hours

    • Unlimited messaging support through the PTDistinction app

    • Messages will be answered within a 24-hour period Monday- Friday unless otherwise communicated. Messages that are received over the weekend will be responded to no later than end of day Monday.

    1:1 Messaging access is only to be used for PERSONAL/PROGRAM SPECIFIC questions. All non-personal questions must be asked in the Facebook Group. If a client asks a NON personal question the client will be directed to post in the Facebook Group.

    Access to the workouts in our training app as well as learning content in our learning portal are only available as long as you are in the program.

    Payment Terms

    A contract will be sent to you that outlines payment terms