TERMS & CONDITIONS DISCLAIMERS
Specific results from the program are based on the use of the services. The Coach makes no representations or warranties as to specific outcomes or results.
The Coach cannot guarantee that you will become or remain happy, rich, healthy, or successful as it is based on the individual taking action.
The Coach reserves the right to cancel the program if at any point she or he feels it is not advantageous for the coaching program to continue. This Agreement will stay in force and effect until the end of the term indicated on your order form.
The Client understands that the role of the Health Coach is not to prescribe medication, test levels in the body, provide licensed health care, medical services or to diagnose, treat or cure any medical disease, condition or other physical or mentally diagnosed ailment of the human body.
Rather, the Coach is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, effective and sustainable lifestyle changes based on the program provided.
The Client understands that the Coach takes a holistic approach to healing using natural procedures they have been trained and experienced in, not to act or treat in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by the Coach is not meant to take the place of advice by these professionals but instead to be an alternative or a complementary treatment.
If the Client is under the care of a health care professional or currently uses prescription- medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor.
The Client has chosen to work with the Coach and understands 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 for issues that need immediate care.
Licence
By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensable
Licence to personally access and use, for non-commercial purposes, the Website and the services offered on the Website (“Services”). This Licence shall continue until terminated in accordance with this Agreement.
Your Agreement and Subscriptions
In accessing, registering or using the Website, including any and all webpages, the Program and/or the Services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.
We offer twelve (12) month Subscriptions. Payment for this Subscription is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.
We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
Eligibility
You represent and warrant that you are at least 18 years old and will be responsible for the information provided when creating a Subscription. If you are accessing and using the Website or subscribing for access to the Program or any of the Website's services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
Without limitation, the Website is available only to individuals with whom only legally binding contracts can be formed under Canadian law.
We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your Subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users, and Forum members into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.
Payments
In purchasing any product or Service from the Website ("the Purchase") you agree to:
- (a) pay using a valid credit card (or other form of payment as we may allow);
- (b) provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;
- (c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase ("the costs"); and
- (d) all costs are in US Dollars unless otherwise indicated.
You acknowledge and agree that prices will vary depending on the type of payment plan you choose.
Our rights to modify services
You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website and/or the Terms and Conditions, as we see fit.
We will publish any intended changes on the Website and you will be deemed to have accepted such changes based on your continued use of the Website following our publication of the notice of change on the Website.
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 the Client expressly assume the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes.
You release the Coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which you ever had, now have or will have in the future against the Coach, arising from your past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Coach.
CONFIDENTIALITY
Masters-fitness.com will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law.
THE SERVICES
Your purchase may include different components, including memberships, e-books, videos, audio tracks, manuals, self-study programs, webinars, coaching, training courses, voice messaging and/or other products and services. You agree not to share login information; call-in numbers, passwords, PDF’s and protected links with anyone unless noted by the Coach. Failure to comply with this service rule in particular will lead to immediate termination of your membership with Masters-fitness.
CANCELLATION POLICY
You have the right to cancel your subscription before the free trial expires without any penalty. Subsequently, if you decide to cancel immediately after you receive your custom nutritional plan or within 30 days of signing up, you are subject to pay a cancellation fee of $100. If you have already been on the program for more than 90 days, you can no longer cancel but will have to see your membership through till the end. Only you the bearer of the account can put in a cancellation request for your membership. Under no circumstance will a third party be allowed to put in a cancellation request on behalf of a member unless otherwise required by law.
ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
In the event that there is a dispute between Coach and Client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Centre for the Americas Mediation and Arbitration Rules).
Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator.
The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is a refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client.
This agreement shall be construed according to the laws of the Province of Manitoba. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.
If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, you acknowledge that:
(1) you have read and agreed to these terms and conditions;
(3) You understand, accept and agree to abide by the terms hereof.
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