GROUP PROGRAM AGREEMENT
This Agreement is made today between Healthy Life with Andrea, LLC and the person named at the end of this document, the “Client”.
By signing this contract, you understand and agree that by committing to becoming a member of the Insulin Resistance Solved group program, you have, or will pay, your total fees REGARDLESS of your attendance and participation. You understand all payments are non-refundable.
TERMS AND CONDITIONS
The Services
Your purchase may include different components, including group calls, videos, self-study programs, personal coaching, online education, and/or other products and services. You agree not to share login information, call-in numbers, passwords, and protected links with anyone.
Scheduling (VIP)
Healthy Life with Andrea, LLC understands that clients have busy schedules and we take pride in not keeping them waiting or keeping them longer than planned. We commit to being on time to sessions and request that Clients do, too.
If you need to cancel or reschedule the appointment, you must do so at least 24 hours in advance; otherwise, you will forfeit that appointment and will not have an opportunity to reschedule it that week.
Payments
You agree to pay the purchase price and not to cancel this transaction with your bank or credit card company. Healthy Life with Andrea, LLC is not responsible for any overdraft charges, over limit charges, or NSF fees by your bank or credit card company.
Healthy Life with Andrea, LLC does not guarantee any specific results from use of the Services and makes no representations or warranties as to specific outcomes or results. Healthy Life with Andrea, LLC cannot guarantee that you will become or remain happy, healthy, or successful.
Refund Policy
You agree all sales are final after purchase.
Duty to Read
You accept that under this agreement you have a duty to read this refund policy given to you and have done so. You attest to this duty and sign on the order form to execute this document. Furthermore, you understand and accept that you are stopped from using lack of reading as a defense against all remedies so contained herein. Please note that your credit card statement should reflect a purchase from Healthy Life with Andrea, LLC.
Term
This Agreement will stay in force and effect until the end of the terms of payment and will end on the final day of the purchased program.
Session Cancellation and Termination (VIP)
Healthy Life with Andrea, LLC aims to provide clients with the highest quality service. If you should cancel a scheduled session within 24 hours of your scheduled appointment, not only do you not get the coaching and support you need, but other clients miss out on the opportunity to take that time that you had reserved. Cancellation is required to take place at least 24 hours in advance of the purchased service or the session will be forfeited.
Late/Tardy for a Session (VIP)
If you arrive late to your appointment or your availability for your consultation is after the scheduled time, we will meet/consult for the remaining time of the appointment only.
Arriving or being unavailable for your consultation over 10 minutes late is considered a no show, resulting in a forfeited session per the Cancellation Policy (see above).
Disclaimers
You understand that the role of the Healthy Life with Andrea, LLC’s consultations is not to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. You also understand that Healthy Life with Andrea, LLC’s nutritionists and coaches are not registered medical practitioners. They have been trained in holistic health coaching and functional nutrition practices to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. Healthy Life with Andrea, LLC may obtain a set of laboratory test results from a certified laboratory in the United States and provide Client with a nutritional and functional interpretation of those results that the Client can use exclusively as an educational tool for personal health purposes.
The information provided is not intended to, cannot, and should not be expected to be a substitute for a personal consultation with a doctor nor does it offer any form of diagnosis. Healthy Life with Andrea, LLC does not accept any liability for any failure to identify any medical condition or disease; this is not the purpose of our services.
Healthy Life with Andrea, LLC may provide you with information relating to products that they believe might benefit the Client, but such information is not to be taken as an endorsement or recommendation. We do not dispense or prescribe any prescription products, and information provided should not be taken as professional medical advice or used as a substitute for medical care.
Healthy Life with Andrea, LLC is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from that information.
You should discuss any dietary changes or potential dietary supplement use with your doctor, and should not discontinue any prescription medications without first consulting your doctor.
You have chosen to work with Healthy Life with Andrea, LLC and understand that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
Exclusion of Liability
If you rely on, buy or use a product or therapy, you do so at your own risk. Each person is different, and the way someone reacts to a product or therapy may be significantly different from another. We cannot predict how you may react to any particular product or therapy.
To the maximum extent permitted, we exclude:
- Any and all liability, in contract, tort (including negligence), breach of statutory duty or otherwise for any direct, indirect, special, incidental, or consequential costs, losses, claims, damages, expenses or proceedings (included by not limited to loss of profits and wasted management time) incurred or suffered by you arising directly or indirectly out of or in connection with our services, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy with the information or advice we provide;
- Any and all liability for injury or loss arising out of the use of, or reliance on, the laboratory results and/or the dietary, supplement and lifestyle suggestions we may provide;
- Any and all liability for injury or loss arising from any product or treatment you may choose to take;
- Any and all liability for any failure to identify any medical condition or disease. You understand and agree that this is not the purpose of our services.
This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss or damage to property and claims of third parties.
Severability
In the event any provision of this Agreement is held by a court of other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision.
Force Majeure
If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party's reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a "force majeure event") the time for that party's performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that you will not be excused from the payment of any sums of money owed by you to Healthy Life with Andrea, LLC; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
Construction
This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.
Personal Responsibility and Release of Health Care Related Claims
You acknowledge that you take full responsibility for your life and well-being, and all decisions made during and after this program. You expressly assume the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes.
Healthy Life with Andrea, LLC makes no warranty as to the accuracy of the laboratory test results we receive. Healthy Life with Andrea, LLC makes no warranty, expressed or implied, as to the quality or effectiveness of any apparatus, treatment or product. In no event will Healthy Life with Andrea, LLC be held liable for any physical or mental injury, or any negative side effects, that may arise from the use of any such diagnosis, apparatus, treatment or product.
Confidentiality
Healthy Life with Andrea, LLC will keep your information private, and will not share your information with any third party unless compelled to by law.
Binding Effect
This Agreement shall be binding upon and shall ensure to the benefit of the respective parties hereto, their respective successors-in-interest, legal representatives, heirs and assigns.
Damage Waiver
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AJM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AJM FOR SERVICES.
Intellectual Property
The materials provided to you upon purchase are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of Healthy Life with Andrea, LLC. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the content of the materials for public or commercial purposes without the express written permission of Healthy Life with Andrea, LLC.
The trademarks, logos and service marks (collectively the "Trademarks") displayed on the materials are registered and unregistered Trademarks of Healthy Life with Andrea, LLC and other third parties that have authorized the use of such Trademarks. Nothing contained in the materials or on the Healthy Life with Andrea, LLC website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Healthy Life with Andrea, LLC or the appropriate third party. Your use of the Trademarks displayed on the materials, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited.
Opt In
By signing this contract, you grant Healthy Life with Andrea, LLC permission to communicate with you by email, messenger, social media, text or phone to relay special offers, announcements and information. You may opt out at any time.
Disputes
If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Colorado, USA without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Colorado. Either Healthy Life with Andrea, LLC or you may demand that any dispute between you and Healthy Life with Andrea, LLC about or involving the Services must be settled by binding arbitration utilizing the dispute resolution procedures of the state of Colorado, USA. The foregoing shall not prevent Healthy Life with Andrea, LLC from seeking injunctive relief in a court of competent jurisdiction.
Indemnity
You agree to indemnify and hold Healthy Life with Andrea, LLC, its subsidiaries and affiliates, and their officers, agents, attorneys and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by you or any third party due to or arising out of: this Agreement, your use of the Services, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if anything that you implement using the Services causes Healthy Life with Andrea, LLC to be liable to another.
Voidability
Your failure to use the Services after purchase does not void any part of this agreement.
Entire Agreement
This Agreement represents the entire understanding relating to the Services and prevails over any prior or contemporaneous, conflicting or additional communications. In order to participate in certain Services, you may be notified that you may be required to agree to additional terms and conditions. You will receive a copy of this Agreement upon signing and can ask any questions by messaging your Healthy Life with Andrea, LLC nutritionist.
If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, the Client acknowledges that:
- He/she has received a copy of this letter agreement and has read it in its entirety;
- He/she has had an opportunity to discuss the contents with Healthy Life with Andrea, LLC; and
- The client understands, accepts and agrees to abide by the terms hereto
By continuing to payment, you are agreeing with these terms.
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