For good and valuable consideration of three hundred and ninety seven U.S. dollars ($397) Client has agreed to purchase the A1C Shift Method Class (hereinafter “Program”). In exchange, Company agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.
- Client agrees and understands that he/she is purchasing The A1C Shift Method Class, a DIY online class designed to help clients achieve better blood sugar numbers and act as a tool for improving their relationship with diabetes.
- Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in A1C Shift Method Class Program as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Company’s website.
- All information shared in this Program, such as messages, images, advice, and any other material are for informational purposes only. No material in this Class is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care providers with any questions you may have regarding your treatment plan.
- Should Client breach this provision and disclose confidential or proprietary information belonging to Company or another participating in the Program, Client understands additional action may be taken by Company up to and including legal action.
- Company may request Client provide a testimonial to be published on Company’s website, or on various sales materials for this or another Program created by Company. Client understands that he or she is not required to give any testimonial, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Company and Client if Client refuses testimonial.
- If Client accepts and provides Company with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Company’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming the same, and confirming Company’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Company an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Company as part of a Testimonial.
Payment and Payment Plans
- Client understands the cost of the program is three hundred and ninety seven U.S. dollars ($397) which is payable up front, in full, unless a payment plan or discount code has been offered by Company, or otherwise arranged between Company’s and Client. Client agrees to render payment via [PAYMENT METHODS OF company – Paypal, Credit Card, etc.] Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Company’s website or a designated third party payment processor of Company’s choosing, in full. Absent an agreement regarding a payment plan with Company’s, Client must complete payment in full before becoming entitled to any products or services included within the Program.
- If Company has offered a payment plan, Client agrees to abide by the rules and payments as explained on Company’s sales page. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: the reminder of the Program may be forfeited if payment is not made within four days of the date it is due.
- Company reserves the right to cancel or cease working with Client should he/she fail to make additional payments in accordance with the payment plan as agreed upon at the beginning of the Program. Should this occur, Client understands she is not entitled to a refund of funds already issued to Company in exchange for work completed thus far, and it is up to the sole discretion of Company whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
- If Client and Company have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Company’s sales page.
- Due to the subjective nature of the Program provided by Company, and Company’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Company is not able to offer refunds once Client has purchased the program. If Company is somehow unable to provide services as outlined on the sales page, regardless of Client results, Company or his/her team will be in touch regarding rescheduling, and/or discussing an alternative form of services, in order to fulfill obligations.
- Client further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
Medical Disclaimer – Not Medical or Professional Advice
- The purpose and goal of the Program is to provide Client with education, information, and insight into how the Company has coached others with Type 1 Diabetes. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for diabetes or mental health treatment.
- Client understands there are no individual treatment or medical-based plans to the Program, and it is not meant for those who are in need of (or think they may be in need of) medical services. Company is not attempting nor suggesting Client enroll in a Program in place of a personalized consultation with a medical professional in your geographical area.
- Company encourages Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase the Program will have previously obtained clearance and permission from their applicable personal medical physician and have concluded that the companying Program offered is right for them. Nothing contained within the Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
- Client understands and agrees that he/she is voluntarily choosing to purchase the Program, and is solely responsible for any outcomes or results. While Company believes in their services and that the Program is able to help many people, Client acknowledges and agrees that Lauren Bongiorno Enterprises, Inc. is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein.
Disclaimer /No Guarantees
- While many of Company’s past and current clients have experienced transformational outcomes from the Program, and company and his/her team will act in their full capacity to ensure your success and happiness in the Program, company cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold company and Program harmless if he or she does not experience the desired results.
- Client understands that all services provided by company in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with the company on a purely voluntary basis and does not hold the Company or Program responsible should the Client become dissatisfied with any portion of the Program.
- Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as company delivers the Program as described in the Program Outline Addendum below, or similar substitutes, upon additional agreement by company and Client.
- Client also understands the Company is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by company on his/her website and within the Program is comprised of information that has worked for Company and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands the Company cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds the company responsible for.
- Client also understands he or she is purchasing the Program and participating freely and voluntarily. The information contained within the Program may not be suitable for all persons and all fitness levels, and Client understands he or she is required to modify accordingly, based upon his or her fitness levels, and instructions by physician.
Waiver/Assumption of the Risk
- Client understands he/she is entering into a Program for the purpose of achieving a desired health and/or fitness goal through the company's Program. Client confirms he/she is entering into this Program voluntarily and of his/her own free will.
- Client certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related Program with the Company. If Client elects not to obtain this medical clearance prior to beginning the Program, he/she understands the potential injuries and ramifications of such actions, and agrees not to hold the Company responsible for any such injuries or negative consequences.
- Client understands Program may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Client agrees he/she is aware of and assumes these risks in order to voluntarily proceed with the Company's Program. Should any such incidents occur, Client understands it is of no fault or responsibility of company, and agrees company is not liable.
- Client agrees and understands that company has created numerous original, creative works in connection with the Program, and agrees that company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by company. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with the Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from company to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
- Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by company or obtained through working with company, without company’s express written consent. If such behavior is discovered or suspected, the Company reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- Licensee Rights: company’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by the Company as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by the Company. As a “Licensee,” Client understands and agrees that Client will not:
- Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by company;
- Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by the Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
- Claim any content created by company as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by company was Client’s work, and use in his/her business as his/her own.
- Share purchased materials, information, content with others who have not purchased them.
- Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
4. This Agreement is the intellectual property of Christy Westerfeld, Esq. and may not be used (in whole or in part) without express, written permission from Ms. Westerfeld. Unauthorized use may constitute copyright infringement and may be prosecuted to the full extent of the law.
- Client agrees at all times to defend, fully indemnify and hold company and any affiliates, agents, team members or other party associated with company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should the company be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit the Company's defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by the Company, free of charge.
- Should a dispute arise between company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold the Company responsible for any specific results, or those results which have been achieved by other clients of the Company.)
- If unable to reach a resolution informally, Client and company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in New York, NY within a reasonable amount of time. Client and company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
- This Agreement shall be governed by and under control of the laws of New York regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of New York are to be applicable here.
This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and company, or a party authorized to sign on behalf of either party.
PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing the A1C Shift Method Class. Once the Program is purchased, Client will have access to all modules and materials and may access and work through them at his/her own pace. Program includes the following:
- 7 modules, 29 classes/lessons
- Access to the kajabi comment section to connect with other class students and coaches
- Lifetime access to the program and any class updates that are made available
Modules: These Modules are intended to release proprietary information created by the Company for personal benefit of Client. Client agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her as a result of her participation in the program.