ANTI-INFLAMMATORY LIVING, LLC
This Agreement is made and entered into on date of purchase by and between Jade Padlan and purchasing client.
Coach and Client voluntarily and willingly agree to the terms and conditions as follows:
IN CONSIDERATION OF the matters described below and of the mutual benefits and obligations as set forth in this Agreement, for good and valuable consideration of the VIP Wellness & Pantry Makeover Day for $222, Coach agrees to provide services as outlines in this Agreement and all Addendums and Client agrees to provide payment as set forth in this Agreement and all Addendums.
Program details are as follows:
- The Program is a 2-hour VIP session
- The purpose of the Program is: Introduce Anti-Inflammatory grocery and meal-planning education
- Coach will provide the following services to client including:
- Onboarding questionnaire
- Course on healthy grocery shopping and anti-inflammatory ingredients
- Private coaching during VIP session to address questions
- Healthie app login to book appointments and access voice/text messaging support
- Email Support: Client may send Coach, or any member of Coach’s team and/or staff, emails throughout the duration of this Program as outlined in Paragraph 1 above. Emails shall be limited to any issues, questions, concerns, comments or any other reasonable support and shall be sent to [email protected]. Client understands and agrees that Coach, or Coach’s team/staff, shall respond to all emails in a reasonable amount of time.
- Voice/Text Messaging Support: Client may send Coach, or any member of Coach’s team and/or staff, messages through Healthie throughout the duration of this Program as outlined in Paragraph 1 above. Messages shall be limited to any issues, questions, concerns, comments or any other reasonable support and shall be sent to coach. Client understands and agrees that Coach, or Coach’s team/staff, shall respond to all messages in a reasonable amount of time.
Client agrees and acknowledges that the cost of the Program is $222. Client agrees to remit payment to Coach via Kajabi Payments. Client acknowledges and agrees to the Terms and Conditions of the Payment Provider. Client agrees that, absent a payment plan, the full amount of the Program is due in full before Coach shall release any Services or Program Materials included with Program.
Coach agrees to offer a payment plan option for the Program. Both Coach and Client acknowledges that all details of the payment are as follows:
- Payment Remittance
Client acknowledges and agrees to pay the full cost of the VIP Day in full totaling $222. Should the Client be unable to make the payments as outlined in this Agreement, Client agrees he/she will promptly notify Coach and/or Coach’s Team to ensure payments are not missed.
- Missed / Failed Payments
Should Client be unable to make a payment, Client acknowledges and agrees that Client will have a three (3) day period to make the required payment upon receipt of an invoice by Coach; Client also agrees to a late payment of $20. Furthermore, should a payment not be received within the three (3) day period, Coach shall consider the Agreement forfeited and cease all access to the Program and Coach shall not be obligated to provide further services under this Agreement.
Client agrees and acknowledges that Coach does not allow for refunds once that Client has received any individual sessions included in the Program as listed above. Should Coach experience an unforeseen event which would cause her or her team to be unable to complete the full services of the Program, Client shall be entitled to a partial refund on a case-by-case basis, or an exchange in services which are equivalent to the cost of the Program which was unused, the choice of which shall be at the option of the Coach.
Client further agrees and acknowledges that changing his/her mind about the Program, not experiencing the results he/she expected or desired, failing to follow the details of the Program shall not entitle the Client to a refund.
CONFIDENTIALITY AND NON-DISCLOSURE
The term “Confidential Information” as used in this Agreement shall mean any and all trade secrets and any and all data or information not generally known outside Coach whether prepared or developed by of for Coach or received by Coach from any outside source or Client. Without limiting the scope of this definition, Confidential Information shall include, but is not limited to coaching strategies, exercises, workbooks, trainings, videos, other methodologies Client learns as a result of working with Coach, plans or outlines for future programs or packages, information contained in documents or any other original work created by Coach, and any and all other intellectual property. All Confidential Information and copies thereof are the sole property of Coach. Notwithstanding the foregoing, the term Confidential Information shall not apply to information that Coach has voluntarily disclosed to the public without restriction, or which has otherwise lawfully entered the public domain.
Client further agrees that any and all Confidential Information learned as of the start date of this program shall survive the termination, revocation, or expiration of this Coach-Client relationship and Agreement.
INTELLECTUAL PROPERTY RIGHTS
Our Program, Program Materials, Modules, Emailed support, Voxer support or any other content created by Coach for Client under this agreement, or any content derived from, are the property of Coach and/or our affiliates or licensors, and are protected by US Patent and Trademark laws, copyright laws and other intellectual property laws. When you use the Program you are agreeing that you are clearly and expressly prohibited from copying, sharing or otherwise using the Program Materials in whole or in part.
As a Licensee of our Programs and Services, you understand and acknowledge that all materials have been created, curated and developed by Coach using significant time, effort, expenses and investment and that as such, all material is a valuable and unique asset belonging to Coach and shall not be used in an improper or unauthorized manner. You will not use our Programs or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
By enrolling in, purchasing or engaging our Programs and Services, you specifically acknowledge and agree that you are expressly prohibit from the following:
- You shall not engage in improper and/or unauthorized use of our Program or Services, which includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or any other electronic means) any materials or any other information accessed or purchased through our Program or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
- You shall not participate in the following:
- Copying, sharing, adapting, stealing, duplicating, sharing, trading, reprinting, republishing, selling, distributing, modifying, reproducing, uploading, posting, transmitting, translating, or creating derivative works related to our Program or Services.
- Representing yourself out to be the creator of our Program, Services or Program Materials in whole or in part.
- Engage in any activity using our Program and Services for your personal use, in a business/commercial use or in any way that earns you money.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Services or Program Materials as set forth in this Client Agreement is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. You further agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
OUR LIMITED LICENSE TO YOU
Our Programs and Services are protected by copyright, trademark, and other intellectual property laws, and the content in such is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Program Materials or any other material or aspects of Materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Agreement.
By purchasing, downloading or accessing our Program, Services and Program Materials, you are being granted a limited license and as such are considered to be a Licensee. As a Licensee, you are granted the expressed permission to download, print and participate in any of our Programs or Services for your personal use and are expressly prohibited from sharing the Program, Service or Program Material with friends, family, colleagues, etc.
YOUR LICENSE TO US
By posting or submitting any material on or through our Programs, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
ASSUMPTION OF RISK & DISCLAIMER
As a Licensee, you agree that using our Programs, Services and Program Materials are done at your own risk and acknowledge that these Programs, Services and Program Materials are for informational and educational purposes only. You assume all risks. Coach makes no guarantees related to improvements or decline in physical and/or mental health, interpersonal relationship, emotional wellbeing and career in any way related to the use of this Program, Services and Program Materials. Our Program, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself with regard to your physical, emotional and mental wellbeing. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Program, Services and Program Materials.
We take every precaution to protect our Program, Services and Program Materials, however, we cannot completely ensure or warrant the security of our Program, Services and Program Materials. Coach makes no assurances about the ability to prevent any loss or damage to you, or any other person, Coach or entity arising out of the use of our Program, Services and Program Materials and you agree and acknowledge to assume the risk in using our Program, Services and Program Materials. You assume and accept the risk of not achieving any results (or less than desirable results) from participating in Coach’s Program, Services or Program Materials.
Coach expressly excludes any and all liability for direct, indirect or consequential loss or damage incurred by you or others by using or in connection to our Program, Services and Program Materials, to the fullest extent of the law, including but not limited to any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
You specifically acknowledge and agree that Coach is not liable for any defamatory, offensive or illegal conduct of any other Program, Services or Program Materials participant or user, including you.
Coach’s Program, Services and Program Materials are not, and in no way should, be perceived as or relied upon in any way as medical or mental health advice. The information contained in this Program, Services and Program Materials are not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Program, Services and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. Although Coach may hold a license as a Registered Nurse and Holistic Nurse Educator, Coach is not working the capacity of the any of held licenses or any of the roles as listed above, nor is Coach providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
Coach makes no warranties as to our Program, Services and Program Materials. You expressly agree and acknowledge that our Program, Services and Program Materials are provided “as is” and without warranties of any kind expressed or implied. Pursuant to all applicable law, Coach disclaims all warranties, express or implied, to the fullest extent of the law, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, we do not warrant that our Program, Services and Program Materials will be correct, uninterrupted, function, appropriate or error-free, that defects will be corrected, or that any part of the website, content, link, materials or otherwise will be free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Program, Services and Program Materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You agree at all times to defend, indemnify and hold harmless our Coach, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Program, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in this Client Agreement or in any other agreement with us.
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.
RELEASE OF CLAIMS
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Program, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Program, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
It is the intent of Coach that should any differences arise, we could work them out amicably through written correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at [email protected] and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Program, Services and/or Program Materials you are agreeing to a modification of the statute of limitations such that any arbitration must begin within (1) year of the date of your correspondence referenced above or you waive the right to seek dispute resolution by arbitration or take any other legal action.
You also agree that should arbitration take place, it will be held in San Leandro, California and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Coach, or any of our Program or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
This Client Agreement shall be governed by the laws of the State of California, regardless of the conflict of laws principles thereof.
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
Dated: on date of client’s purchase
Client: checks box on order form on date of purchase