Jenny Apple (JA) is in the business of providing services to individuals to enable them to meet other people for the purpose of entering into a long-term relationship.
Client desires to engage and receive personal matchmaking services from JA pursuant to the terms set forth below. Membership is granted to select women who complete initial application form.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all parties hereto, the parties agree as follows:
I. JA shall provide the Services (described in more detail below) to the Client.
II. In exchange for the Services, the Client agrees to pay the Fee, as outlined in this Agreement. At present time, membership is gratuitous for select females. JA reserves right to change the terms or fees of membership at any time with written notice to email on initial application form.
III. The term of this Agreement (the "Term") is for one (1) year; however the Client may freeze this Agreement (for 1 year) at any time after giving proper notice to JA. Additionally, JA may terminate this Agreement as provided in Section 4(c). The Term may be extended if mutually agreed to in writing by the parties.
IV. During the Term of this Agreement, JA shall arrange dates, as defined below, for the Client to meet individuals who JA has specifically selected for the Client. Members will be contacted if a date is requested with a Client.
V. The Client and Member shall conduct himself/herself in a respectful and dignified manner on any date arranged by JA, and shall treat any person that he/she meets on an Introduction with the utmost respect.
VI. The Client agrees and understands that all further terms and conditions set forth on the following pages are an integral part of this Agreement, and by signing this Agreement, the Client represents that he/she has read and understands these terms and conditions.
THE FOLLOWING TERMS AND CONDITIONS ARE A PART OF THIS AGREEMENT. BY SIGNING THIS AGREEMENT, THE CLIENT ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTANDS THESE TERMS AND CONDITIONS
JA shall provide the following Services to the Client in exchange for the Fee. The "Services" shall include:
a. Consultation with the Client to determine the personal qualities and other criteria for an acceptable match. As used throughout this Agreement, the term "Date(s)" shall mean a face-to-face encounter, agreed to in advance by the Client, in which the Client shall meet a Member or indidivual, selected by JA, that has the potential to be a long-term romantic partner for the Client;
b. Searching for and referring to the Client those individuals who appear to be worthwhile for the Client to have dates with;
c. Setting up dates that Client has selected with respect to time and location;
d. Advising the Client, to the extent requested by the Client throughout the Term of this Agreement and as deemed by JA to be appropriate, on matters such as making a first impression during a date, planning a first meeting and maintaining a long-term relationship;
e. Continued consultation with the Client to modify and refine Client's criteria for relationship candidates and future dates;
2. Client's Conduct
In order to receive Services, the Client shall pay the Fee, as set forth in Section 3 below, and abide by the following:
a. The Client shall:
i. Provide accurate information to JA in response to JA's inquires regarding the Client's background and current status.
ii. Allow JA to conduct reasonable investigations with respect to any background and status information provided by the Client;
iii. Make himself reasonably available to meet with JA to discuss relationship matters and attend dates;
iv. Reasonably cooperate with JA throughout the Term of this Agreement such that that the Client may receive the benefit of JA's Services.
v. Provide JA with oral feedback (phone call) within 24 hours after a first date with an individual.
b. The Client and Member agrees that he and she respectively:
i. Is solely responsible for his or her conduct and for the information he or she provides to JA;
ii. Is engaging JA's Services to seek a candidate for a long-term relationship, and not for any monetary gain or immoral or illegal purpose;
iii. Shall conduct himself/herself at all times during any date in a dignified and respectful manner and shall treat any individual with whom an date is arranged with the utmost respect, including, without limitation, abiding by all applicable state and Federal laws, and all customary conduct expected of a gentleman or lady;
iv. Shall not discuss with potential or actual date candidates or with JA, any defamatory, inaccurate, abusive, profane, offensive, threatening, harassing, or illegal comments or material;
v. Will not use the Services in a manner inconsistent with any and all applicable state or Federal laws and regulations; and
vi. Will not harvest or collect personal information about potential or actual date candidates or JA or any of its agents, whether or not for commercial purposes, without their express written consent.
In consideration for JA's Services, the Client shall pay JA a "Fee."
a. The Fee shall be a one (1) time upfront payment of $1,800.00 for three month package or $3,600 for a six month package. Without exception, the Fee shall be due immediately upon the signing of this Agreement and formal contract. The Fee is non-refundable under any circumstances.
b. The Fees paid by the Client shall only pay for the Services and in no circumstance will the Fee cover any expenses that the Client may encounter during dates, including, but not limited to admission costs, costs for food/beverages, costs for personal hygiene, clothes and any other associated cost for any dates.
The Term of this Agreement shall last for a period of three (3) months following the date first set forth above or by JA. At the end of the initial Term, the parties may agree, in a subsequent written agreement, to extend the Term and renew contract if mutually agreed upon.
a. The Client may terminate this Agreement at any time and for any reason upon giving JA written notice.
b. The Client may freeze (for a period of one year) this Agreement at any time and for any reason by giving JA written notice.
c. JA shall have the right to either:
i. Immediately terminate this Agreement if the Client breaches any of the terms and conditions set forth in this Agreement; or
ii. Terminate this Agreement at any time and for any reason upon giving the Client fifteen (15) day advance written notice.
5. Privacy and Confidentiality
JA shall respect the Client's right to privacy and will not share any private information from the Client to others unless it is essential to providing the Services. Without limiting the foregoing, JA may disclose confidential information when appropriate with the consent from the Client. JA shall take reasonable measures to protect the confidentiality of all information obtained in the course of providing the Services. JA will inform the Client, to the extent possible, about the disclosure of confidential information, when feasible before the disclosure is made. Reciprocally, the Client agrees that all information furnished to him, or to which the Client has access to under this Agreement, shall be kept confidential and shall remain the proprietary information and exclusive property of JA. Members agree to the above.
The Client and Member acknowledges that JA does not conduct background checks on match candidates. The Client and Member understands that the nature of the Services performed by JA are such that there are innumerable reasons for the Client or Member to be dissatisfied with the consultation provided and the dates arranged by JA. The Client is solely responsible for the outcome of all dates, selecting which match candidates or Members to pursue a relationship with, and understands that the performance of JA's Service is deemed satisfied upon the arrangement of the dates. Accordingly, JA makes no representation or warranty, either implied or express, concerning the dates and the Client acknowledges that the Client shall not rely on any investigation by JA or other due diligence by JA into the background of any date candidate, nor will JA represent, warrant or guarantee the accuracy of any statement made by or on behalf of any date candidate, nor shall JA be liable for any inaccuracy in any description of an date candidate made by JA unless JA had actual knowledge of such inaccuracy. Accordingly, the Client or Member releases JA, its employees and officers, from any and all claims, actions, causes of action, loss and liability resulting from any and all dates, regardless of the reasons therefore, including claims for personal injury.
7. Limitation of Liability
In no event shall either party be liable for any indirect, incidental, special or consequential damages, incurred by either party or any third party, whether in an action in contract or tort, even if the other party has been advised of the possibility of such damages. JA's total liability for damages under the Agreement shall in no event exceed the amount of fees paid by Client under the Agreement. The provisions of the Agreement allocate the risk between JA and the Client. The parties agree that JA's pricing and other terms and conditions of the Agreement reflect the allocation of risk and the limitation of liability specified herein.
To the extent any provision of this Agreement shall be held, found or deemed to be unlawful or unenforceable, then any such provision or portion thereof shall be modified to the extent necessary so that any such provision or portion thereof shall be legally enforceable to the fullest extent permitted by applicable law. Any court of competent jurisdiction shall, and the parties hereto do hereby expressly authorize any court of competent jurisdiction to, enforce any such provision or portion thereof or to modify any such provision or portion thereof so that any such provision or portion thereof is enforced to the fullest extent permitted by applicable law.
9. Governing Law
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California and the United States of America. Both parties hereby consent to venue and jurisdiction in the federal or state courts of the State of California.
10. Amendments, Waiver
Except as expressly provided above, this Agreement may not be amended, modified, superseded or cancelled, nor may any of the terms, covenants, representations, warranties, conditions or agreements herein be waived, except by a written instrument executed by the party against whom such amendment, modification, superedure, cancellation or waiver is charged. No waiver by either of the parties of any condition, or of any breach of any term, covenant, representation, warranty, condition or agreement contained herein, shall be deemed to be or shall be construed to be a waiver or continuing waiver of any such condition or breach or a waiver of any other condition or of the breach of any other term, covenant, representation, warranty, condition or agreement hereof.
The captions and headings contained herein are for convenience of reference only, and shall not in any way affect the meaning or interpretation of this Agreement. Notwithstanding any rule of construction to the contrary, any ambiguity or uncertainty in this Agreement shall not be construed against either of the parties based upon authorship of any of the provisions hereof.
This Agreement may be executed by facsimile and may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument.