5 Class Pass – There are no refunds for the 5 Class Pass purchase. This pass cannot be cancelled, refunded or transferred. This pass expires 3 months after purchase date. This pass excludes nutrition sessions and The BOD Special classes. Cancellation policy applies to 5 class pass members who register for a class at The BOD.

 10 Class Pass –There are no refunds for the 10 class pass purchase. This pass cannot be cancelled, refunded or transferred. This pass expires 6 months after purchase date. This pass excludes nutrition sessions and The BOD Special classes. The BOD’s cancellation policy applies to 10 Class Pass members.

UNLIMITED FOR 2 WEEKS – This is a limited time only offer. There are no refunds for the purchase of this Two (2) Week Unlimited Class Pass. This pass cannot be cancelled, refunded or transferred. This pass excludes nutrition sessions and The BOD Special classes. This pass expires fourteen (14) days from the purchase date. The BOD’s Cancellation policy applies to the Two (2) Week Unlimited Class Pass.

 

MONTHLY MEMBERSHIP AGREEMENT

This Monthly Membership Agreement (“Agreement”) is entered into as of ______________________, between The Bod Studio LLC (“The BOD By Kym Herjavec”), and ______________________ (“Member”). Together The BOD by Kym Herjavec and Member are referred to as the “Parties.”

            Any notice required under this Agreement, including any notice of cancellation as allowed under this Agreement, shall be provided in writing either in person, by first-class mail, or by electronic mail sent from an email address on file with The BOD by Kym Herjavec, to:

 

THE BOD by Kym Herjavec
9306 Civic Center Drive
Beverly Hills, California 90210

info@thebodbykym.com

 

 

Member Name:                                    ___________________

Member Street Address:                    ___________________

Member City, State, Zip:                     ___________________
Member Email Address:                     ___________________

Member Phone Number:                   ___________________

 

Membership Start Date:                    ___________________
Monthly Membership Renewal:       ________ Day of Each Month
Minimum Length of Agreement:      3 Months
Monthly Membership Fee:                 $249
Payment Option:                                  Automatic Billing, Recurring Monthly
Billing Cycle:                                           Second Friday of Each Month

 

  1. Term and Cancellation. Member commits to a minimum three-month membership. Thereafter, the term of this Agreement shall be month-to-month, and shall automatically renew on the Monthly Membership Renewal Date stated above, unless cancelled by either party pursuant to the terms of this Agreement. After the three-month initial membership period, Member may cancel this Agreement, effective at the end of any monthly period, by providing written notice in person, by first-class mail, or by electronic mail from an email address on file with The BOD by Kym Herjavec, at least 30-days prior to the end of such period, to The BOD by Kym Herjavec.   
  2. Services Offered. Subject to the requirements of this Agreement, Member is provided the opportunity to attend an unlimited number of Standard Classes for no additional charge. These classes will be offered at The BOD by Kym Herjavec, located at 9306 Civil Center Drive, Beverly Hills, California 90210 (the “Facility”). Standard Classes offered by The BOD by Kym Herjavec, along with hours of operation, are provided on The BOD by Kym Herjavec’s website at https://www.thebodbykym.com (the “Website”). The Standard Classes offered by The BOD by Kym Herjavec may change from time to time, and this Agreement does not guarantee that any classes now offered will continue to be offered for the term of this Agreement. Member acknowledges that space in any given class is limited, and that this Agreement does not guarantee Member access to any given class. Space in classes must be reserved by Member online or by telephone.
  3. Services Excluded. Member acknowledges that this Agreement does not provide Member access all services provided by The BOD by Kym Herjavec. Specifically, nutrition sessions, private meditation sessions, private dance lessons and certain premium classed may be offered separately and are not included in the services provided under this Agreement. Member may have the option, but is not guaranteed a right, to purchase these excluded services separately.
  4. Class Cancellation Notice. Member must cancel his or her reservation for any class at least 12 hours prior to the scheduled class time. If Member cancels a class reservation less than 12 hours prior to the scheduled class time, or does not attend a class scheduled class that he or she has reserved, Member will be charged the full one-time class fee (which is now $25, but subject to change) (“Cancellation Fee”).
  5. Policies and Procedures. Member agrees to abide by any Policies and Procedures implemented by The BOD by Kym Herjavec for the use of the Facility. Any Policies and Procedures implemented by The BOD by Kym Herjavec will be made available at the Facility and on the Website.
  6. Cancellation for Cause by The BOD by Kym Herjavec. This Agreement may be cancelled immediately by The BOD by Kym Herjavec if Member fails to comply with any provision of this Agreement, or violates any of the Policies and Procedures implemented by The BOD by Kym Herjavec for use of the Facility. If the Agreement is cancelled for cause pursuant to this Paragraph, member shall not be entitled to a refund of any payments made under this Agreement, and shall be liable to The BOD by Kym Herjavec for (i) any remaining or outstanding fees due under this Agreement and (ii) any damages caused to The BOD by Kym Herjavec arising from Member’s failure to comply with this Agreement or the Policies and Procedures.
  7. Cancellation Without Cause by The BOD by Kym Herjavec. This Agreement may be cancelled by The BOD by Kym Herjavec at any time, without cause, upon 30-days’ written notice. Notice shall be provided to Member in person, by first-class mail, or by electronic mail at the address provided in this Agreement, or any updated address provided by Member. If the Agreement is cancelled under this Paragraph, The BOD by Kym Herjavec shall reimburse to Member any fees prepaid for unused services. If at the time of cancellation Member has used a proportion of the prepaid services, Member will be reimbursed a pro rata share of the prepaid fee that is allocable to services that have not yet been received.
  8. Non-Transferable. Member may not assign or transfer any of his or her rights or obligations under this agreement.
  9. Cancellation Due to Death or Disability. Member, or Member’s estate, may cancel this Agreement at any time if, due to death or disability, Member is unable to receive the services provided for under this Agreement. For the purpose of this Paragraph, a “disability” means a condition which precludes the Member from physically using the facilities and the condition is verified by a physician. If the Agreement is cancelled pursuant to this Paragraph, Member or Member’s estate shall be relieved from the obligation of making payment for services other than those received prior to death or the onset of disability, and if Member has prepaid any sum for services, so much of such sum as is allocable to services Member has not taken shall be promptly refunded to Member or Member’s estate. Member or Member’s estate shall provide written notice of cancellation under this Paragraph to The BOD by Kym Herjavec in person, by first-class mail, or by electronic mail from an email address on file with The BOD by Kym Herjavec.
  10. Cancellation Due to Relocation. If Member moves further than 25 miles from the Facility, Member may cancel this Agreement and shall be relieved from the obligation of making payment for services other than those received prior to the move. If Member has prepaid any sum for services, so much of such sum as is allocable to services he or she has not taken prior to the move shall be promptly refunded. Member shall provide written notice of cancellation under this Paragraph to The BOD by Kym Herjavec in person, by first-class mail, or by electronic mail from an email address on file with The BOD by Kym Herjavec, and must provide proof of Member’s new residence.
  11. Automatic Credit Card Payment. Member authorizes The BOD by Kym Herjavec to charge Member’s credit card on a monthly basis for all payments due under the Agreement, including but not limited to the Monthly Membership Fee and Cancellation Fees. When Member’s financial institution honors such debits by charging Member’s account, this shall constitute Member’s receipt for payment. As a condition of this Agreement, Member agreed to complete and execute a Recurring Payment Authorization Form. Member authorizes, and shall be charged, a $15.00 service charge for any declined or returned payments.
  12. Notice of Changes to Contact and Billing Information. Member shall promptly inform The BOD by Kym Herjavec of any changes to Member’s name, address, email, telephone number, or payment information. Failure to provide The BOD By Kym Herjavec with current information may result in non-receipt of notices or non-refundable fees resulting from rejected credit card charges. Member shall be responsible for any payments not processed by Member’s financial institution due to Member’s failure to comply with this Paragraph.
  13. Billing Discrepancies. Member shall report in writing any billing discrepancies or disputes to The BOD by Kym Herjavec within sixty (60) days after they occur. After sixty (60) days, Member waives his or her right to dispute any billing discrepancies.
  14. Governing Law. This Agreement is made in the State of California and shall be governed by and construed in accordance with the laws of the State of California.
  15. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any and all other agreements, understandings, negotiations, or discussions, whether oral or in writing, express or implied, between or among the Parties.  The Parties and each of them acknowledge that no representations, inducements, promises, agreements or warranties have been made to them or by them, or by anyone acting on their behalf, which are not embodied in this Agreement, that they have not executed this Agreement in reliance upon any such representation, inducement, promise, agreement or warranty, and that no representation, inducement, promise, agreement or warranty not contained in this Agreement, including but not limited to any purported supplements, modifications, waivers or terminations of this Agreement, shall be valid or binding unless executed in writing by each of the Parties to this Agreement.
  16. Agreement to Be Construed Fairly. This Agreement is to be construed fairly and not in favor of or against either party, regardless of which party drafted or participated in the drafting of its terms.  Any rule of construction that a document is to be construed against the drafting party shall not be applicable of this Agreement.
  17. Authority to Enter into Agreement. Each of the Parties represents and warrants that any person executing this Agreement on their behalf has the full right and authority to enter into this Agreement on behalf of said Party, and has the full right and authority to execute this Agreement and to fully bind that Party to the terms and obligations of this Agreement. Each of the persons signing this Agreement on behalf of the Parties hereto makes the same warranties referred to herein.
  18. Successors and Assigns. The terms of this Agreement shall be binding upon the Parties and their agents, employees, successors, assigns, and insurers.
  19. Headings. The various headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of the Agreement or any provision of it.
  20. Severability. If any word, clause, phrase, sentence, or paragraph of this Agreement is declared void or unenforceable, such portion shall be considered independent of, and severable from, the remainder, the validity of which shall remain unaffected.
  21. Binding Arbitration and Class Action Waiver.
    1. Any dispute, claim, or controversy (whether in tort, contract, under statute, or otherwise) (“Dispute”) arising out of or relating to (i) this Agreement, including but not limited to the breach, termination, enforcement, interpretation, or validity thereof, and the determination of the enforceability, scope, validity, or applicability of this Paragraph, (ii) the relationship between the Parties, or (iii) Member’s use of the Facility, shall be determined by arbitration in Los Angeles County, California before one neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
    2. It is agreed that neither Party shall have the right to participate as a class representative or class member with respect to any Dispute subject to arbitration under this Agreement. The parties further waive any right to assert consolidated claims with respect to any Dispute subject to arbitration under this Agreement, and neither a court nor the arbitrator shall have the power to consolidate any arbitration brought under this Agreement with any other arbitration proceeding.
    3. The Parties waive, and the arbitrator shall not be empowered to grant, indirect, consequential, special, punitive, or exemplary damages, unless a statute under which a claim is brought provides otherwise.
    4. The BOD by Kym Herjavec will advance all arbitration filing fees and arbitrator fees upon Member’s written request given prior to the commencement of the arbitration. Member is responsible for all additional costs that Member incurs in the arbitration, including, without limitation, costs association with attorneys or experts witnesses.
    5. Any Dispute shall be filed within one (1) year of the date the Dispute arose or occurred. The Parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to any Dispute.
    6. This Paragraph shall survive the termination of this Agreement. If any portion of this Paragraph is deemed invalid or unenforceable, such portion shall be severed from the Paragraph and the remaining portions shall survive and remain in force.

You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to: The BOD by Kym Herjavec, at 9306 Civil Center Drive, Beverly Hills, California 90210; info@thebodbykym.com

 

_____________________________________                      _______________________
Member Signature                                                                 Date

 

 

_____________________________________                      _______________________
Name:                                                                                     Date

The BOD by Kym Herjavec


ANNUAL MEMBERSHIP AGREEMENT

This Annual Membership Agreement (“Agreement”) is entered into as of ______________________, between The Bod Studio LLC (“The BOD By Kym Herjavec”), and ______________________ (“Member”). Together The BOD by Kym Herjavec and Member are referred to as the “Parties.”

            Any notice required under this Agreement, including any notice of cancellation as allowed under this Agreement, shall be provided in writing either in person, by first-class mail, or by electronic mail sent from an email address on file with The BOD by Kym Herjavec, to:

 

THE BOD by Kym Herjavec
9306 Civic Center Drive
Beverly Hills, California 90210

info@thebodbykym.com

 

 

Member Name:                                    ___________________

Member Street Address:                    ___________________

Member City, State, Zip:                     ___________________
Member Email Address:                     ___________________

Member Phone Number:                   ___________________

 

Membership Start Date:                    ___________________
Minimum Length of Agreement:      One Year, With Member Option for Additional Years
Annual Membership Fee:                   $1,499
Payment Option:                                  One-Time, Upfront Payment

 

  1. Term and Member Renewal Option. The Term of this Agreement shall be one year, beginning on the Membership Start Date set forth above (“Initial Term”). Subject to the provisions of this Agreement, including The BOD by Kym Herjavec’s right to cancel this Agreement with or without cause, Member shall have the option to renew this Agreement (“Renewal Option”) for an unlimited number of additional one-year terms (a “Renewal Term”). Member must exercise his or her option to renew this Agreement by providing written notice to The BOD by Kym Herjavec either in person, by first-class mail, or by electronic mail sent from an email address on file with The BOD by Kym Herjavec, at least 30 days prior to the termination of this Agreement or any Renewal Term. A Renewal Term shall begin, and the Annual Membership Fee is due in full, on the anniversary of the Membership Start Date set forth above (subject to any adjustment under Paragraph 2).
  2. Membership Hold. A Member may place a hold on his or her membership at any time during the Initial Term or any Renewal Term, subject to the limit that a hold may be in place for no more than six months total during the Initial Term or any Renewal Term. If a membership is placed on hold by a Member, the Initial Term or any Renewal Term will be extended for a term equivalent to the hold period. While a membership is on hold, a Member will not be entitled to exercise any of the benefits provided under Paragraph 3 of this Agreement. Member may place his or her membership on hold, and may end a membership hold, by providing written notice to The BOD by Kym Herjavec either in person, by first-class mail, or by electronic mail sent from an email address on file with The BOD by Kym Herjavec. If at any time Member exceeds the allowed six-month hold period during the Initial Term or any Renewal Term, the membership hold will automatically terminate.
  3. Services Offered. Subject to the requirements of this Agreement, Member is provided the opportunity to attend an unlimited number of Standard Classes for no additional charge. These classes will be offered at The BOD by Kym Herjavec, located at 9306 Civil Center Drive, Beverly Hills, California 90210 (the “Facility”). Standard Classes offered by The BOD by Kym Herjavec, along with hours of operation, are provided on The BOD by Kym Herjavec’s website at https://www.thebodbykym.com (the “Website”). The Standard Classes offered by The BOD by Kym Herjavec may change from time to time, and this Agreement does not guarantee that any classes now offered will continue to be offered for the term of this Agreement. Member acknowledges that space in any given class is limited, and that this Agreement does not guarantee Member access to any given class. Space in classes must be reserved by Member online or by telephone.
  4. Services Excluded. Member acknowledges that this Agreement does not provide Member access all services provided by The BOD by Kym Herjavec. Specifically, nutrition sessions, private meditation sessions, private dance lessons and certain premium classed may be offered separately and are not included in the services provided under this Agreement. Member may have the option, but is not guaranteed a right, to purchase these excluded services separately.
  5. Class Cancellation Notice. Member must cancel his or her reservation for any class at least 12 hours prior to the scheduled class time. If Member cancels a class reservation less than 12 hours prior to the scheduled class time, or does not attend a class scheduled class that he or she has reserved, Member will be charged the full one-time class fee (which is now $25, but subject to change) (“Cancellation Fee”).
  6. Policies and Procedures. Member agrees to abide by any Policies and Procedures implemented by The BOD by Kym Herjavec for the use of the Facility. Any Policies and Procedures implemented by The BOD by Kym Herjavec will be made available at the Facility and on the Website.
  7. Cancellation for Cause by The BOD by Kym Herjavec. This Agreement may be cancelled immediately by The BOD by Kym Herjavec if Member fails to comply with any provision of this Agreement, or violates any of the Policies and Procedures implemented by The BOD by Kym Herjavec for use of the Facility. If the Agreement is cancelled for cause pursuant to this Paragraph, member shall not be entitled to a refund of any payments made under this Agreement, and shall be liable to The BOD by Kym Herjavec for (i) any remaining or outstanding fees due under this Agreement and (ii) any damages caused to The BOD by Kym Herjavec arising from Member’s failure to comply with this Agreement or the Policies and Procedures.
  8. Cancellation Without Cause by The BOD by Kym Herjavec. This Agreement may be cancelled by The BOD by Kym Herjavec at any time, without cause, upon 30-days’ written notice. Notice shall be provided to Member in person, by first-class mail, or by electronic mail at the address provided in this Agreement, or any updated address provided by Member. If the Agreement is cancelled under this Paragraph, The BOD by Kym Herjavec shall reimburse to Member any fees prepaid for unused services. If at the time of cancellation Member has used a proportion of the prepaid services, Member will be reimbursed a pro rata share of the prepaid fee that is allocable to services that have not yet been received.
  9. Non-Transferable. Member may not assign or transfer any of his or her rights or obligations under this agreement.
  10. Cancellation Due to Death or Disability. Member, or Member’s estate, may cancel this Agreement at any time if, due to death or disability, Member is unable to receive the services provided for under this Agreement. For the purpose of this Paragraph, a “disability” means a condition which precludes the Member from physically using the facilities and the condition is verified by a physician. If the Agreement is cancelled pursuant to this Paragraph, Member or Member’s estate shall be relieved from the obligation of making payment for services other than those received prior to death or the onset of disability, and if Member has prepaid any sum for services, so much of such sum as is allocable to services Member has not taken shall be promptly refunded to Member or Member’s estate. Member or Member’s estate shall provide written notice of cancellation under this Paragraph to The BOD by Kym Herjavec in person, by first-class mail, or by electronic mail from an email address on file with The BOD by Kym Herjavec.
  11. Cancellation Due to Relocation. If Member moves further than 25 miles from the Facility, Member may cancel this Agreement and shall be relieved from the obligation of making payment for services other than those received prior to the move. If Member has prepaid any sum for services, so much of such sum as is allocable to services he or she has not taken prior to the move shall be promptly refunded. Member shall provide written notice of cancellation under this Paragraph to The BOD by Kym Herjavec in person, by first-class mail, or by electronic mail from an email address on file with The BOD by Kym Herjavec, and must provide proof of Member’s new residence.
  12. Automatic Credit Card Payment. Member authorizes The BOD by Kym Herjavec to charge Member’s credit card on a monthly basis for all payments then due under the Agreement, including but not limited to Cancellation Fees. If Member exercises a Renewal Option, Member further authorizes The BOD by Kym Herjavec to charge Member’s credit card for the Annual Membership Fee, on or around the first day of the Renewal Term. When Member’s financial institution honors such debits by charging Member’s account, this shall constitute Member’s receipt for payment. As a condition of this Agreement, Member agreed to complete and execute a Recurring Payment Authorization Form. Member authorizes, and shall be charged, a $15.00 service charge for any declined or returned payments.
  13. Notice of Changes to Contact and Billing Information. Member shall promptly inform The BOD by Kym Herjavec of any changes to Member’s name, address, email, telephone number, or payment information. Failure to provide The BOD By Kym Herjavec with current information may result in non-receipt of notices or non-refundable fees resulting from rejected credit card charges. Member shall be responsible for any payments not processed by Member’s financial institution due to Member’s failure to comply with this Paragraph.
  14. Billing Discrepancies. Member shall report in writing any billing discrepancies or disputes to The BOD by Kym Herjavec within sixty (60) days after they occur. After sixty (60) days, Member waives his or her right to dispute any billing discrepancies.
  15. Governing Law. This Agreement is made in the State of California and shall be governed by and construed in accordance with the laws of the State of California.
  16. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any and all other agreements, understandings, negotiations, or discussions, whether oral or in writing, express or implied, between or among the Parties.  The Parties and each of them acknowledge that no representations, inducements, promises, agreements or warranties have been made to them or by them, or by anyone acting on their behalf, which are not embodied in this Agreement, that they have not executed this Agreement in reliance upon any such representation, inducement, promise, agreement or warranty, and that no representation, inducement, promise, agreement or warranty not contained in this Agreement, including but not limited to any purported supplements, modifications, waivers or terminations of this Agreement, shall be valid or binding unless executed in writing by each of the Parties to this Agreement.
  17. Agreement to Be Construed Fairly. This Agreement is to be construed fairly and not in favor of or against either party, regardless of which party drafted or participated in the drafting of its terms.  Any rule of construction that a document is to be construed against the drafting party shall not be applicable of this Agreement.
  18. Authority to Enter into Agreement. Each of the Parties represents and warrants that any person executing this Agreement on their behalf has the full right and authority to enter into this Agreement on behalf of said Party, and has the full right and authority to execute this Agreement and to fully bind that Party to the terms and obligations of this Agreement. Each of the persons signing this Agreement on behalf of the Parties hereto makes the same warranties referred to herein.
  19. Successors and Assigns. The terms of this Agreement shall be binding upon the Parties and their agents, employees, successors, assigns, and insurers.
  20. Headings. The various headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of the Agreement or any provision of it.
  21. Severability. If any word, clause, phrase, sentence, or paragraph of this Agreement is declared void or unenforceable, such portion shall be considered independent of, and severable from, the remainder, the validity of which shall remain unaffected.
  22. Binding Arbitration and Class Action Waiver.
    1. Any dispute, claim, or controversy (whether in tort, contract, under statute, or otherwise) (“Dispute”) arising out of or relating to (i) this Agreement, including but not limited to the breach, termination, enforcement, interpretation, or validity thereof, and the determination of the enforceability, scope, validity, or applicability of this Paragraph, (ii) the relationship between the Parties, or (iii) Member’s use of the Facility, shall be determined by arbitration in Los Angeles County, California before one neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
    2. It is agreed that neither Party shall have the right to participate as a class representative or class member with respect to any Dispute subject to arbitration under this Agreement. The parties further waive any right to assert consolidated claims with respect to any Dispute subject to arbitration under this Agreement, and neither a court nor the arbitrator shall have the power to consolidate any arbitration brought under this Agreement with any other arbitration proceeding.
    3. The Parties waive, and the arbitrator shall not be empowered to grant, indirect, consequential, special, punitive, or exemplary damages, unless a statute under which a claim is brought provides otherwise.
    4. The BOD by Kym Herjavec will advance all arbitration filing fees and arbitrator fees upon Member’s written request given prior to the commencement of the arbitration. Member is responsible for all additional costs that Member incurs in the arbitration, including, without limitation, costs association with attorneys or experts witnesses.
    5. Any Dispute shall be filed within one (1) year of the date the Dispute arose or occurred. The Parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to any Dispute.
    6. This Paragraph shall survive the termination of this Agreement. If any portion of this Paragraph is deemed invalid or unenforceable, such portion shall be severed from the Paragraph and the remaining portions shall survive and remain in force.

 

 

You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to: The BOD by Kym Herjavec, at 9306 Civil Center Drive, Beverly Hills, California 90210; info@thebodbykym.com

 

_____________________________________                      _______________________
Member Signature                                                                 Date

 

 

_____________________________________                      _______________________
Name:                                                                                     Date

The BOD by Kym Herjavec