Membership
Agreement

Introduction and Acceptance

This Membership Agreement (the “Agreement”) is entered into by and between the TRUCKER’S BODY SHOP, INC. (“Service Provider”) and the Member signing below (“Member”), collectively referred to as the “Parties” and individually as a “Party.” This Agreement is subject to the laws and regulations of the State of Washington. By becoming a member and participating in the services provided, the Member acknowledges and agrees to be bound by the terms and conditions set forth in this Agreement, as well as any amendments made from time to time.

Membership Terms and Conditions

The following terms and conditions (the “Terms and Conditions”) govern the membership between the Service Provider and the Member (collectively referred to as the “Parties” and individually as a “Party”) under this Membership Agreement (the “Agreement”). By agreeing to the Agreement, the Member consents to be bound by these Terms and Conditions, as may be updated from time to time by the Service Provider.

The Member’s membership shall commence upon the date of signing the Agreement and shall continue in effect until terminated by either Party in accordance with the provisions of the Agreement. The Member shall be entitled to all rights and privileges extended to members under the Agreement, subject to the Member’s compliance with these Terms and Conditions and any other policies or procedures established by the Service Provider.

The Service Provider reserves the right to modify the Terms and Conditions of the membership at any time, with such modifications becoming effective immediately upon posting to the Service Provider’s official communication channels. It is the Member’s responsibility to review these Terms and Conditions periodically to ensure familiarity with the most current version.

Membership fees, if applicable, are due and payable in accordance with the terms set forth in the Agreement. Failure to pay any fees or charges due under the Agreement may result in suspension or termination of the Member’s membership.

Termination of the membership by either Party must be communicated in writing with at least thirty (30) days’ notice prior to the intended termination date. Upon termination of the membership, the Member must cease all use of the Service Provider’s services and return any property of the Service Provider in their possession.

Fees and Payment Terms

In consideration for the services provided under this Agreement, the Member agrees to pay the Service Provider the Membership Fees. The Membership Fees shall be due and payable in accordance with the following terms:

1. The Membership Fees shall be specified in the Schedule attached to this Agreement or as otherwise agreed upon in writing between the Parties.
2. Payment of the Membership Fees shall be made on a monthly basis, unless otherwise agreed upon by the Parties in writing.
3. All payments shall be made in United States dollars (USD) or in such other currency as may be agreed upon by the Parties in writing.
4. Late payments by the Member shall accrue interest at a rate of 1.5% per month, or the highest rate permitted by law, whichever is lower, from the due date until paid in full.
5. The Member shall be responsible for all taxes, duties, fees, and other governmental charges arising out of or in connection with this Agreement, except for taxes based on the Service Provider’s net income.
6. In the event of any dispute regarding Membership Fees, the Member shall pay the disputed amount under protest to preserve the Member’s rights under this Agreement, and the Parties shall seek to resolve the dispute in accordance with the dispute resolution procedures set forth in this Agreement.

The Service Provider reserves the right to modify the Membership Fees upon providing the Member with thirty (30) days’ written notice. Any changes to the Membership Fees shall not affect the fees for the then-current term, but shall apply to any renewal term.

Term and Termination

Subject to the Member’s eligibility as determined by the Service Provider, This Agreement shall commence on the Effective Date and shall continue in full force and effect for an initial term of six (6) months and will automatically continue for successive six (6) months periods unless terminated by either Party in accordance with the provisions of this clause. The Member may terminate this Agreement at any time by providing thirty (30) days written notice to the Service Provider. The Service Provider may terminate this Agreement at any time by providing thirty (30) days written notice to the Member.

Additionally, the Service Provider may terminate this Agreement immediately, without notice, if the Member fails to comply with any of the Terms and Conditions of this Agreement, including failure to pay Membership Fees when due. Upon termination of this Agreement, the Member must cease use of all services provided and return any property of the Service Provider in their possession.

Upon termination, any obligations of the Parties which by their nature should survive termination shall remain in effect, including but not limited to the obligations relating to confidentiality and payment of any outstanding Membership Fees.

Services Provided

The Service Provider agrees to provide the Member with access to the services outlined in this Agreement, subject to the Terms and Conditions set forth herein. The scope of services includes, but is not limited to, the following:

• Access to Service Provider’s Health application;
• Participation in events or programs offered by the Service Provider;
• Participation in Service Provider’s online Health Coaching seminars;
• Any other services specifically agreed upon by the Parties in writing.
• Access to medications (Service Provider does not guarantee receipt of medications)

These services are provided in exchange for the Membership Fees, as detailed in the Agreement. The Member acknowledges that the availability of certain services may be subject to additional terms and conditions or may require separate agreements.

The Service Provider reserves the right to modify, suspend, or discontinue any aspect of the services at any time, with reasonable notice to the Member, unless such modification, suspension, or discontinuation is due to circumstances beyond the Service Provider’s control. In such cases, the Service Provider will provide notice as soon as practicable.

It is the responsibility of the Member to ensure that they comply with all applicable laws and regulations in their use of the services provided. The Service Provider disclaims all liability for any unauthorized or illegal use of the services by the Member.

Member Obligations

As a condition of membership under this Agreement, the Member agrees to comply with the following obligations:

• Payment of Membership Fees: The Member shall timely pay all Membership Fees as specified in the Agreement. Failure to do so may result in suspension or termination of membership.
• Compliance with Terms and Conditions: The Member shall adhere to all Terms and Conditions set forth in the Agreement, as well as any rules or policies established by the Service Provider.
• Respectful Conduct: The Member agrees to conduct themselves in a manner that is respectful to other members and the Service Provider’s staff, facilities, and equipment.
• Notification of Changes: The Member must promptly notify the Service Provider of any changes in their contact information or any other circumstances that may affect their membership.
• Use of Services: The Member agrees to use the services provided in a responsible and lawful manner, in accordance with the Agreement and applicable laws.

Failure to fulfill these obligations may result in disciplinary action, up to and including termination of membership. The Service Provider reserves the right to modify these obligations as necessary, with prior notice to the Member.

Liability Waiver and Release

In consideration of being allowed to participate in the activities and programs of the Service Provider and to use its services, in addition to the payment of any fee or charge, the Member does hereby waive, release, and forever discharge the Service Provider, its officers, agents, employees, representatives, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from or connected with participation in any activities, use of Service Provider’s website or portal, use of third party websites or portals or any other such activities or services provided by the Service Provider, whether arising from the negligence of the Service Provider, its officers, agents, employees, representatives, executors, third party providers of medicines, equipment, medical devices or services  or otherwise.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) equipment or medical devices that may malfunction or break; (b) any slip, fall, or dropping of equipment or medical devices; (c) any negligent instruction or supervision by Service Provider or any third party;  (d) any injury that may occur while participating in any activity at any time constituting a service of the Service Provider and (e) requesting, receiving,  injecting, ingesting or in any other way using either directly or indirectly equipment, medicines, medical devices or any other service from a third party whether or not recommended, facilitated or affiliated with Service Provider.

The Member acknowledges that they have carefully read this waiver and release and fully understand that it is a release of liability. The Member expressly agrees to release and discharge the Service Provider, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action in equity or at law and the Member agrees to voluntarily give up or waive any right that they may otherwise have to bring a legal action against the Service Provider for personal injury/death or property damage/loss.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the Service Provider, its agents, and employees.

In the event that any provision of this waiver and release is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this waiver and release and shall not affect the validity and enforceability of any remaining provisions.

Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate (a “Dispute”), the Parties shall first attempt to resolve the Dispute through good faith negotiation within thirty (30) days of either Party notifying the other Party of the Dispute.

If the Dispute cannot be resolved through negotiation, the Parties agree to submit the Dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the State of Washington, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, Service Provider may seek immediate judicial intervention to obtain injunctive relief. However, the remainder of any Dispute shall be resolved through arbitration as set forth herein.

This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Governing Law

This Agreement and any dispute arising out of or related to it will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule. Each Party hereby consents to the exclusive jurisdiction and venue of courts in the State of Washington in any legal action or proceeding relating to this Agreement.

Amendments to the Agreement

This Agreement may be amended or modified only by a written instrument executed by all Parties. No oral agreements, understandings, or arrangements between the Parties regarding the amendments of this Agreement shall be effective or enforceable. Any amendments made to this Agreement shall be attached to the original Agreement and shall become a part thereof. The Parties agree to review the Agreement periodically, at least once every calendar year, to discuss any potential amendments necessary to reflect changes in the law, the needs of the Member, or the services provided by the Service Provider.

Privacy Policy

In accordance with the laws of the State of Washington, the Service Provider commits to protecting the privacy of the Member. The Service Provider will collect, use, and disclose personal information about the Member only as permitted by law and with the Member’s consent. The Service Provider will implement appropriate security measures to safeguard the Member’s personal information against loss, theft, unauthorized access, disclosure, copying, use, or modification.

The Member acknowledges that the Service Provider may be required to disclose the Member’s personal information if required by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Service Provider; (b) protect and defend the rights or property of the Service Provider; and (c) act under exigent circumstances to protect the personal safety of users of the Service Provider, or the public.

The Member has the right to request access to the personal information the Service Provider holds about them and to request corrections if any information is inaccurate or incomplete. This right can be exercised in accordance with the procedures set forth in the Service Provider’s privacy policy, which will be made available to the Member upon request.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the services provided hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington in each case located in the city of Bellingham, Washington . Each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

The Parties agree that any Dispute between them that cannot be resolved amicably shall be submitted to confidential arbitration in Bellingham, Washington, except that, to the extent the Member has in any manner violated or threatened to violate the Service Provider’s intellectual property rights, the Service Provider may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and the Member consents to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in any other or subsequent instance.

This Agreement, including and incorporating by reference any other documents, policies, and amendments referenced herein, constitutes the sole and entire agreement between the Parties with respect to the subject matter contained herein, superseding all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

In the event that any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, such provision shall be modified or eliminated to the minimum extent necessary so that the remaining provisions of the Agreement will continue in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed this Membership Agreement as of the Effective Date.

Schedule A
Membership Fee
$79.99 per month (subject to eligibility)