TERMS OF PURCHASE

 

Weight Loss Kickstart Program - Group Coaching Program

KISS YOUR FOOD, LLC

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By clicking “Buy Now,” “Purchase,” “Sign Up,” “Register,” “Pay,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by KATHERINE CLEVELAND (“Coach”), acting on behalf of KISS YOUR FOOD, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

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TERMS

1. Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the WEIGHT LOSS KICKSTART PROGRAM (“Program”).

2. The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Websites KissYourFood.com, WeightLossKickstartProgram.com, or any subdomains as part of the Program.

3. Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.

4. Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met. 

5. The content included in the Program is for your individual, non-commercial use. Client agrees not to share login details and/or Program materials with any third parties.   

6. Coach reserves the right to remove Client from Program at any time for any reason without warning or prior notice

 

The Program includes specifically the following:  

1. WEEKLY GROUP COACHING SESSIONS (ONLINE)

2. TEXT AND EMAIL SUPPORT AS OUTLINED BELOW

3. ACCESS TO ADDITIONAL CONTENT AND LEARNING MATERIALS; AND

4. AT COACH'S DISCRETION OTHER MATERIALS, SUPPORT, AND/OR BONUS MATERIALS MAY BE INCLUDED

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METHODOLOGY

Client acknowledges that the Coach reserves the right to reply to any text or email correspondence only during operating hours and only at the discretion and convenience of the Coach.

 

Client agrees to honor Coach and operating hours herein and agrees that any abuse of this may lead to removal from the Program.​

 

Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program.  Coach may revise methods or parts of the Program based on the needs of the Client or other participants enrolled in the Program.  

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PAYMENT AND REFUND POLICY

1. Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount.  

2. Coach does not offer refunds to ensure that clients are fully committed to the Program. 

3. Credit Card Authorization (if applicable).  Each Party hereto acknowledges that Coach will charge the credit card chosen by the Client for the amounts specified on the website. Client agrees to pay the Coach according to the monthly payment schedule, including all taxes and applicable fees (the “Fee”)

4. Client understands how to cancel monthly payments should the need arise.

5. Until cancelled by Client, the Fee will be collected automatically on a monthly basis.

6. In the event Client fails to make the monthly payments during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls. If Client has not paid within thirty (30) days, Coach has the right to terminate the agreement.

 

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DISCLAIMERS

By participating in the Program, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, or registered dietician and her services do not replace the care of other professionals. Health coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.  

 

The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.  Use of Program is at Client’s own risk.  Any use of videos requiring physical activity are done at Client’s discretion and Coach will not be held liable for any injury that could result from utilizing videos. 

 

The Coach may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services or products. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

 

Any testimonials or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future result that may be derived as a consequence of use of Coach’s website, programs, products or services.

 

 

​WAIVER OF LIABILITY

Client is participating in online and/or in person coaching, classes or services during which Client will receive information and instruction about physical activity, yoga, or similar and Client acknowledges that activity may require physical exertion, which may be strenuous and may cause physical injury, and Client is fully aware of the risks and hazards involved. Client acknowledges that it is Client’s responsibility to consult with a physician prior to and regarding participation in any physical fitness program.  Client represents and warrants that you have no medical condition that would prevent participation in physical fitness activities. Client agrees to assume full responsibility for any risks, injuries or damages, known and unknown, which Client might incur as a result of participating in online and/or in person coaching, classes or services. Client knowingly, voluntarily, and expressly waives any claims Client may have against the Company, or the instructor, for injuries or damages that may be sustained as a result of participating in coaching or classes.

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INTELLECTUAL PROPERTY RIGHTS

In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided by the Coach.  Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program, without refund, if you are caught violating this intellectual property policy.

 

 

RECORDING AND REDISTRIBUTION OF CALLS

Client acknowledges that group coaching sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed at the discretion of the Coach.

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RELEASE

Company may take photographs, videos, or audio recording during the Program that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.

 

Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Program. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in the Program.

 

Client waives any right to payment, royalties or any other consideration for Coach’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Coach and Company are hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.

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​NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

 

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GOOD FAITH

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

 

 

DISCLAIMER OF WARRANTIES

The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

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​LIMITATION OF LIABILITY

By using any services provided by KISS YOUR FOOD, LLC and purchasing this Program, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at user’s own risk.​

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DISPUTE RESOLUTION

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in SANTA FE, NEW MEXICO or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

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GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of NEW MEXICO within THE UNITED STATES OF AMERICA, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

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ENTIRE AGREEMENT

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

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If you have any questions or concerns regarding these Terms of Purchase, please email: kate@kissyourfood.com

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Updated: 9/8/2023