Catch will not use any images or information for social media or any other publication about client without written consent from client.
Section 1 - Definitions
1.1 - “Fee” means monies paid by Client to Catch in anticipation of Services being provided for the Term to Client by Catch and is specified in Client Proposal. Fees are inclusive of any state or local sales tax for the State of California.
1.2 - “Services” means information, tangible goods, advice, Introductions, informational content, etc., specifically named in Client Proposal (attached).
1.3 - “Client Proposal” Attached document to this service agreement that outlines the fees, fee payment schedule, and the scope of services being offered by Catch.
1.4 - “Introduction Candidate” An individual that a Catch consultant introduces or shows to the client as a potential match or relationship candidate.
1.5 - “Introduction Client” Another client of Catch that Catch introduces to the Client as a potential match or relationship candidate.
Section 2 - Services
2.1 - Services: Services to be performed are outlined in the Client Proposal attached to this agreement.
2.2 - Extension of Services: In the event that the Client wants to extend the services of Catch (additional dates, personal coaching, or other services). That extension shall be memorialized by a modification of the Client Proposal and email confirmation. Those extended services shall be governed by this agreement.
Section 3 - Fees & Term
3.1 - Fees: Initial deposit is required in order to initiate services. Fee schedule including deposits and payment of all fees are outlined in the Client Proposal. Catch will not be obligated to perform Services until Fees are received and processed.
3.2 - Term: The term of this service agreement is one year or the fulfillment of the services outlined in the Client Proposal, whatever comes first.
3.3 - Fees versus Expenses: The Fee paid by the Client shall only be applicable to pay for the Services, and under no circumstance will the Fee cover any expenses that the Client may encounter during the course of Services. This includes any costs for services with any third party vendors, costs of any activities participated in by Client on 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.
Section 4 - Termination
Termination by Catch:
4.1 - This agreement may be terminated immediately with no refund available to Client if the Client breaches any of the terms and conditions set forth in Agreement, including non-payment of Fees (3.1);
4.2 - At any time for convenience upon providing Client seven (7) days advance written notice after services paid for have been rendered or refund policy is enacted.
Termination by Client:
4.3 - Client may terminate the Agreement immediately at any time for convenience. Client will not have a right to any refund upon termination.
4.4 - Refunds: The Fees are non-refundable, however, Catch will make reasonable attempts to give any unused portion for the Client to use as a credit for other services provided by Catch Employees or Contractors. Any unused portion provided as a credit will be calculated by deducting the used portion of the package or services at Ala Carte rates. Credit issued expires 3 months from the date of original payment unless otherwise agreed to be Catch and Client.
Section 5 - Representations and Warranties
5.1 - Catch represents and warrants that:
5.2 - Client represents and warrants that Client:
Section 6 - Disclaimers
6.1 - Catch makes no representation or warranty, either implied or express, concerning Client’s experience or outcome with the Services.
6.2 - Client acknowledges that Client shall not rely on any investigation by Catch or other due diligence by Catch into the background of any person to whom Catch may wish to introduce to Client (“Introduction Candidate.”) Catch specifically disclaims and does not represent, warrant or guarantee the accuracy of any statement made by or on behalf of any Introduction Candidate, nor shall Catch be liable for any inaccuracy in any description of an Introduction Candidate made by Catch.
6.3 - Client releases Catch, its employees, officers, members, managers, agents, vendors, representatives and independent contractors, from any and all claims, actions, causes of action, loss and liability resulting from any and all Introductions, regardless of the reasons therefore, including claims for personal injury.
6.4 - Client understands that coaching and consulting provided by Catch is for education, to help with goal setting, and to act as an accountability program, and that coaching and consulting are not mental health counseling nor treatment for mental health issues.
Section 7 - Privacy and Confidentiality
7.1 - Privacy and Confidentiality by Catch: Catch shall respect the Client’s right to privacy and will not share any private information from the Client to others who are not contracted with Catch unless it is essential to providing the Services. Without limiting the foregoing, Catch may disclose confidential information when appropriate. Catch shall take reasonable measures to protect the confidentiality of all information obtained in the course of providing the Services. Catch will inform the Client, to the extent possible, about the disclosure of confidential information. Client affirmatively agrees that any information shared by Client with an Introduction Candidate/Client is not controllable by Catch, and dissemination from the Introduction Candidate/Client to friends, family or other contacts of Introduction Candidate/Client is to be reasonably expected.
7.2 - Privacy and Confidentiality by Client: Client agrees that all information furnished to him/her, to which Client has access during the performance of Services, or to which Client has access to under this Agreement, shall be kept confidential and shall remain the proprietary information and exclusive property of Catch. Client understands that any information Client shares with friends, family, and acquaintances is not controllable by Catch, and is reasonably expected to be disseminated.
Section 8 - Indemnity
8.1 - Indemnification by Client: Client shall defend, indemnify and hold harmless Catch, its affiliates, employees, directors, officers, and agents from and against any and all expenses, costs, damages, losses, liabilities and judgments, including reasonable attorneys’ fees, arising from actions by Client that directly or indirectly implicate or affect Catch, (i.e. if Catch is sued because Client dated a married person during the performance of Services, or Client acted in a way that was abusive to another person while participating in Services).
8.2 - Client shall hold harmless Catch, its affiliates, employees, directors, officers, and agents in the event that Client experiences abuse, a loss of relationships, or any other negative experience while participating in the Services in perpetuity.
Section 9 - Limitation of Liability
9.1 - Limitation of Liability: In no event shall Catch be liable for any indirect, incidental, special or consequential damages, incurred by Client 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. Catch’s total liability for damages under the Agreement shall in no event exceed the amount of fees paid by the Client under the Agreement for the most recent one (1) month period. The provisions of the Agreement allocate the risk between Catch and Client. The parties agree that Catch’s pricing and other terms and conditions of the Agreement reflect the allocation of risk and the limitation of liability specified herein.
Section 10 - Miscellaneous
10.1 - Entire Agreement: This Agreement, together with all Schedules, (a) collectively constitute the entire agreement between the parties, and (b) supersede all prior and contemporaneous agreements, understandings, proposals and communications, oral or written, relating to the subject matter of this Agreement. Any other document or record prepared, issued or provided by or on behalf of Client relating to the subject matter of this Agreement is for administrative convenience only and will have no effect in supplementing, varying or superseding any provisions of this Agreement, regardless of any acknowledgement thereof by Catch.
10.2 - Sever-ability: If any provision of this Agreement is held to be invalid, illegal or unenforceable, such provision shall be construed or limited, and/or deemed replaced by a revised provision, to the extent (and only to the extent) necessary to render it valid, legal and enforceable and, as nearly as possible, to reflect and achieve the parties’ intentions in agreeing to the original provision. If it is not possible to so construe, limit or reform any such provision, then the invalid, illegal or unenforceable provision shall be severed from this Agreement. The remaining provisions of this Agreement shall be unaffected thereby and shall continue in full force and effect.
10.3 - Governing Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, United States of America. Both parties hereby consent to venue and jurisdiction in the city of Santa Rosa, CA, Sonoma County.
10.4 - 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, super secure, 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.
10.5 - No Third Party Beneficiary: No third party is intended to be or shall be a third party beneficiary of any provision under this Agreement. Client and Catch shall be the only parties entitled to enforce the rights set out in this Agreement.
10.6 - Assignment: Client may not assign or otherwise transfer all or part of this Agreement without first obtaining the express written consent of Catch. Catch may freely assign or otherwise transfer all or part of this Agreement.
10.7 - Force Majeure: Except for payment obligations, neither party will be liable to the other for any failure or delay in performing its obligations under this Agreement due to any cause beyond its reasonable control, including, without limitation, fire, flood, earthquake or other natural catastrophes, acts of war, terrorism or civil disobedience, governmental acts, laws or regulations, embargoes, labor strikes or difficulties, failures of third party suppliers, acts or omissions of carriers, transmitters, providers of telecommunications or Internet services, transportation stoppages or slowdowns or the inability to procure parts or materials. Each party will use reasonable efforts to give written notice to the other promptly after becoming aware of any condition or event causing any such excusable performance failure or delay.
10.8 - Construction: 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.
10.9 - Counterparts: This Agreement may be executed in several counterparts, all of which taken together shall constitute one single agreement between the parties hereto.
10.10 - Attorneys’ Fees: In the event either of the parties shall bring an action in connection with the performance, breach or interpretation of this Agreement, or in any action related to the subject matter hereof, the prevailing party in such action shall be entitled to recover from the non-prevailing party in such action all reasonable costs and expenses of such action, including, without limitation, attorneys’ fees, costs of investigation, arbitration, accounting and other costs reasonably incurred or related to such action.
10.11 - Required Notifications & Disclosures:
Per California Civil Code § 1694.3 -
(a) If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or
the onset of disability, except as provided in paragraph (3).
If the physician determines that the duration of the disability will be less than six months, the seller may extend the term of the contract for a period of six months at no additional charge to the buyer in lieu of cancellation.
(b) If the buyer relocates his or her primary residence further than 50 miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to that relocation, and if the buyer has prepaid any amount for dating services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer. A buyer who elects to be relieved of further obligation pursuant to this subdivision may be charged a predetermined fee not to exceed one hundred dollars ($100) or, if more than half the life of the contract has expired, a predetermined fee not to exceed fifty dollars ($50).
You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller's third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: Catch Sonoma County, 52 Mission Circle, Ste 203, Santa Rosa, CA, 95409.
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