- I understand that as a Bee’s Knees Wellness Consultant:
a. I have the right to offer for sale Bee’s Knees Wellness products and services in accordance with these Terms and Conditions.
b. I have the right to enroll persons into Bee’s Knees Wellness.
c. If qualified, I have the right to earn commissions pursuant to the Bee’s Knees Wellness Compensation Plan.
- I agree to present the Bee’s Knees Wellness Marketing and Compensation Plan and Bee’s Knees Wellness products and services as set forth in official Bee’s Knees Wellness literature.
- I agree that as a Bee’s Knees Wellness Consultant I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Bee’s Knees Wellness. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF BEE’S KNEES WELLNESS FOR FEDERAL OR STATE TAX PURPOSES. Bee’s Knees Wellness is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind.
- I have carefully read and agree to comply with the Bee’s Knees Wellness Policies and Procedures, which are incorporated into and made a part of these Terms and Conditions (the Policies and Procedures and the Independent Consultant Application and Agreement shall be collectively referred to as the “Agreement”). In the event of a conflict between these Terms and Conditions and the Policies and Procedures, the Policies and Procedures will control. If I have not yet reviewed the Policies and Procedures at the time I sign this Agreement, I understand that they are posted in my Bee’s Knees Wellness Back Office. I will review the Policies and Procedures within five days from the date on which I sign this Agreement. If I do not agree to the Policies and Procedures, my sole recourse is to notify the company and cancel my Bee’s Knees Wellness Agreement. Failure to cancel constitutes my acceptance of the Policies and Procedures. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Bee’s Knees Wellness. I understand that the Agreement may be modified or amended at the sole and absolute discretion of Bee’s Knees Wellness, and I agree to abide by all such changes. Notification of changes shall be posted in my Bee’s Knees Wellness Back Office. Changes shall become effective 30 days after publication. Any amendment to the Agreement, or to the dispute resolution provisions herein, shall not apply to: (1) a dispute arising prior to the effective date of such amendment; or (2) a Consultant who declines to accept such amendment by discontinuing his or her Bee’s Knees Wellness business and status as a Consultant following the Effective Date of any such amendment. The continuation of a Consultant’s Bee’s Knees Wellness business or a Consultant’s acceptance of bonuses or commissions after the effective date of any amendments shall constitute acceptance of any and all amendments.
- The term of this agreement is one year (subject to prior cancellation pursuant to the Policies and Procedures). If I fail to annually renew my Bee’s Knees Wellness business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a Consultant. I shall not be eligible to sell Bee’s Knees Wellness products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination, or nonrenewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. Bee’s Knees Wellness reserves the right to terminate all Consultant Agreements upon 30 days notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. Consultant may cancel this Agreement at any time, and for any reason, upon written notice to Bee’s Knees Wellness at its principal business address. Bee’s Knees Wellness shall have the right in its sole and absolute discretion not to accept this Agreement or any renewal of it.
- I may not assign any rights under the Agreement without the prior written consent of Bee’s Knees Wellness. Any attempt to transfer or assign the Agreement without the express written consent of Bee’s Knees Wellness renders the Agreement voidable at the option of Bee’s Knees Wellness and may result in termination of my business.
- I understand that if I fail to comply with the terms of the Agreement, Bee’s Knees Wellness may, at its discretion, impose upon me disciplinary sanctions as set forth in the Policies and Procedures. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed. I agree that Bee’s Knees Wellness may deduct, withhold, set-off, or charge to any form of payment I have previously authorized, any amounts I owe or am indebted to Bee’s Knees Wellness.
- Bee’s Knees Wellness, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release and hold harmless Bee’s Knees Wellness and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release and hold harmless Bee’s Knees Wellness and its affiliates from all liability arising from or relating to the promotion or operation of my Bee’s Knees Wellness business and any activities related to it (e.g., the presentation of Bee’s Knees Wellness products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Bee’s Knees Wellness for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
- The Agreement, in its current form and as amended by Bee’s Knees Wellness at its discretion, constitutes the entire contract between me and Bee’s Knees Wellness. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
- Any waiver by Bee’s Knees Wellness of any breach of the Agreement must be in writing and signed by an authorized officer of Bee’s Knees Wellness. Waiver by Bee’s Knees Wellness of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
- If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Agreement shall remain in full force and effect.
- This Agreement will be governed by and construed in accordance with the laws of the State of Utah without regard to principles of conflicts of laws. In the event of a dispute between a Consultant and Bee’s Knees Wellness arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures. If the parties are unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures. Bee’s Knees Wellness shall not be obligated to engage in mediation or arbitration as a prerequisite to disciplinary action against a Consultant. The Federal Arbitration Act shall govern all matters relating to arbitration. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. The parties agree that the arbitrator will have the sole power to decide any question about the arbitrability of any claim, dispute or other difference between the parties. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Where permitted under applicable law, you and Bee’s Knees Wellness expressly agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. You further waive participation in any class-action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceeding in which someone acts in a representative capacity. You shall not institute or participate in, and the arbitrator shall not have the authority to hear an arbitrable dispute on a class, collective, consolidated, or representative basis, nor shall the arbitrator have the authority to grant class-wide relief, relief on a consolidated basis, or other relief extending beyond the individual claimant. You understand that both you and Bee’s Knees Wellness are waiving your rights to bring (or join, participate, or intervene in) any claim, controversy, or dispute covered by this arbitration provision as a class, collective, or other representative action. If a court of competent jurisdiction determines that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable, the remainder of this Agreement shall remain in full force and effect. If both: (1) the dispute is filed as a class, collective, or representative action; and (2) a court finds the class action waiver, or a portion thereof, unenforceable, then the parties agree that any claims as to which this class action waiver are enforceable shall be resolved by arbitration prior to litigation of the claims to which the class action waiver was deemed unenforceable. The parties agree that the claims to which the class action waiver was deemed unenforceable shall be stayed pending resolution of the claims subject to arbitration. Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Salt Lake County and State of Utah.
- Notwithstanding the foregoing, either party may bring an action before the courts seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or distributor lists as well as other trade secrets, trademarks, trade names, patents, and copyrights. The parties may also seek judicial enforcement of an arbitration award. In all actions before the courts, the parties consent to exclusive jurisdiction and venue before the U.S. District Court for the District of Utah, or state court residing in Salt Lake County, State of Utah.
- Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action
against the Company with jurisdiction and venue as provided by Louisiana law.
- Montana Residents: Should a Montana resident cancel the Consultant Agreement within 15 days
from the date of enrollment, Bee’s Knees Wellness will refund 100% of the purchase price for the Sample.
- Except as provided in paragraphs 14-15, refunds will be issued as provided in the Policies and
Procedures and in the Notice of Right to Cancel below.
- A participant in this multilevel marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address.
- If a Consultant wishes to bring an action against Bee’s Knees Wellness for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims against Bee’s Knees Wellness for such act or omission. Consultant waives all claims that any other statute of limitations applies.
- Liquidated Damages. In any case which arises from or relates to the termination of Consultant’s Agreement and independent business, the parties agree that damages will be very difficult to ascertain. Therefore, the parties stipulate that if a Consultant’s termination is proven and held to be wrongful under any theory of law, Consultant’s sole remedy shall be liquidated damages his/her gross compensation that he/she earned pursuant to Bee’s Knees Wellness Compensation Plan in the six (6) months immediately preceding the termination. Gross compensation shall include commissions and bonuses earned by the Consultant pursuant to Bee’s Knees Wellness Compensation Plan as well as retail profits earned by Consultant for the sale of Bee’s Knees Wellness merchandise. However, retail profits must be substantiated by providing the Company with true and accurate copies of fully and properly completed retail receipts provided by Consultant to Customers at the time of the sale.
- I authorize Bee’s Knees Wellness to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
NOTICE OF RIGHT TO CANCEL
Date of Transaction: _________
You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date (5 business days for Alaska residents and 15 business days in North Dakota for individuals age 65 and older). If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to Bee’s Knees Wellness, 4554 Forestdale Dr. Bldg 3, Park City Utah 84098, NOT LATER THAN MIDNIGHT of the third business day following the date set forth above.
I HEREBY CANCEL THIS TRANSACTION.
Buyer’s Signature _________ Date _