TERMS AND CONDITIONS AGREEMENT
THIS SERVICE AGREEMENT THIS SERVICE AGREEMENT is made between Nicole Burbank & Kelcie Clinkenbeard of Your Healthy Happy Journey LLC ("Company/Coach") and the individual reading and acknowledging this agreement ("Future Client") as of Date of Purchase.
WHEREAS Client desires to receive certain consulting services from Coach(es), and Coach(es) desire to provide such services on the terms and conditions set forth herein.
NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged, Client and Coach hereby agree as follows:
METHODOLOGY In providing the Services, YHHJ Coaches will employ a range of methodologies to suit Client’s personal values and style. Client agrees to be open-minded and partake in methods proposed. Client understands that Coach(es) make no guarantees as to the outcome of the Services, and Client hereby acknowledges that Coach is consulting with suggestions in nutrition, exercise, and mindset growth in the health and wellness space. You understand Nicole Burbank, the certified Nutritional Therapy Practitioner, and Kelcie Clinkenbeard, the certified Yoga Therapist, and coach(es) are not Doctors, Registered Dietitians, Nutritionists, or psychotherapists. If a client is not executing strategies set inside the Mind + Body Connection programs and/or does not show up to one or more 1:1 calls, the leadership coach (Nicole/Kelcie and or coaches hired inside the program) are not responsible any longer for booking calls or implementation of any strategy from the date of his/her missed call forward. Clients understand that they are responsible for execution and getting results, which also entails showing up for their coaching calls and implementation sessions.
COMPENSATION FOR YOUR COACH Client agrees to compensate Coach according to the payment immediately due at receipt, set forth prior to beginning the program. The parties hereto agree that Client's failure to make or permit payments, Coaches shall charge a 6% (six-percent) late penalty per month to all balances that are not paid when due.
REFUNDS Upon execution of the first payment and or this agreement, the client shall be responsible for the payment amounts on the payment dates, set forth. If Client cancels any Service for any reason whatsoever, Client shall not be entitled to a refund.
CHARGEBACKS AND PAYMENT SECURITY To the extent that Client provides Coach with credit card information for payment on Client’s account, Coach shall be authorized to charge Client’s credit card(s) for any unpaid charges. Client further agrees it shall not cancel the credit card provided as security without concurrent notice to Coach at the time such credit card is canceled and the furnishing of replacement credit card information.
FAILED PAYMENTS FOR PAYMENT PLANS In the event the Client fails to make any of the payments within the time prescribed, Coach has the right to immediately cease all work until payment in full is paid. In addition, should payment fail to be made within 14 days of the due date, in addition to all other amounts due hereunder, interest on the unpaid balance will accrue at a rate of 6% per month.
NO TRANSFER OF INTELLECTUAL PROPERTY Coach’s copyrighted and original materials shall be provided to the Client for Client's individual use only. Client shall not be authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted course materials, shall remain the sole property of Coach. No license to sell or distribute Coach’s materials is granted or implied.
USE OF FREE DOWNLOADABLE CONTENT The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use resources provided in exchange for an email address (the “Freemium Content”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
MATERIALS PROVIDED TO THE WEBSITE The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LINKS TO THIRD PARTY WEBSITES AND SERVICES The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators. Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service, or functionality on behalf of the Website’s users and customers.
CONFIDENTIALITY Coach Nicole and Coach Kelcie have the right to use case studies of Client’s situations and results or Client testimonials in future work but without making reference to Client’s full identity. Client will always be contacted for approval prior to any case study or testimonial being published in which Client will be identified by full name.
AGREEMENT BETWEEN COACH AND CLIENT Client agrees to not withhold any information necessary for Coach(es) to provide the Services or that could prevent the sessions from running fluidly. Client agrees to be open, present and prepared to fully participate in receiving the Services.
MEDICAL DISCLAIMER Client is aware that Coach does not solve medical issues nor treat disease and is therefore not a replacement for the client’s medical doctor, therapist.