the 21-Day Sugar Detox with julie Group Program: Terms of Use and Program Agreement
DISCLAIMERS
The Participant understands that the role of the Certified 21DSD Coach is not to prescribe or assess micro- and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Coach is a mentor and guide who has been trained to help clients and group participants reach their own health goals by helping to devise and implement positive, sustainable lifestyle changes. The participant understands that the Coach is not acting 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. If the Participant is under the care of a health care professional or currently uses prescription medications, the Participant 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 Participant 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.
SESSIONS
The program will include 4 group sessions, conducted via zoom webinar.
Session dates are subject to change at the discretion of the Certified 21DSD Coach. The Coach is not responsible for technical issues that may result in rescheduling of a session. Should the participant miss a session, due to participant absence or coach change, a recording of the session will be sent to all participants. No refunds are given for any reason due to missed sessions.
PAYMENTS AND REFUNDS
Full payment for the 21-Day Sugar Detox Group program is due upon registration.
Requests for refunds from the program must be submitted in email format to julie@healthyonhudson.com, a minimum of 8 days prior to the program start date. For refunds requested a minimum of 8 days prior to the start date, the amount paid will be refunded, less a 10% service fee. In the event of the participant absence or withdrawal 7 days or less prior to the start date, the participant will remain responsible for the program fee.
Cost of required material (see below*) is additional and is not included in the Program price. Return policy for materials is determined by the seller of the online program or books, and should be managed directly between the participant and the seller if necessary.
*Please purchase or borrow a copy of one of the following books by Diane Sanfilippo prior to our first session:
1) The 21-Day Sugar Detox Daily Guide
OR
PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS
The Participant acknowledges that the Participant takes full responsibility for their own life and well-being, as well as the lives and well-being of the Participant’s family and children (where applicable), and all decisions made during and after this program. The Participant expressly assumes the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Participant releases 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 the Participant ever had, now has or will have in the future against the Coach, arising from the Participant’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Coach.
CONFIDENTIALITY
The Coach will keep the Participant’s information private, and will not share the Participant’s information to any third party unless compelled to by law.
ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
In the event that there ever arises a dispute between Coach and Participant 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 Center 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 Participant in the event that an award is granted in arbitration is 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 Participant. This agreement shall be construed according to the laws of the State of New York. 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, the Participant acknowledges that: (1) he/she has received a copy of this letter agreement; (2) he/she has had an opportunity to discuss the contents with the Coach and, if desired, to have it reviewed by an attorney; and (3) the participant understands, accepts and agrees to abide by the terms hereof.
THE FOLLOWING DISCLAIMER IS REQUIRED BY DIANE SANFILIPPO, AUTHOR THE 21-DAY SUGAR DETOX / BALANCED BITES, LLC:
OUR GOAL AND HEALTH DISCLAIMER
Our primary goal, along with your 21DSD Coach’s primary goal, is to provide users with the tools and information to become responsible for their personal overall health. The 21DSD is designed with a focus on overall health improvement by nutritional modifications, but is not intended to treat, cure, or address any specific diseases or medical conditions. Always consult your primary care physician prior to starting any new health regimen, including the 21DSD. A 21DSD Coach is not licensed or trained to provide medical diagnoses, and no communication or guidance should be construed medical opinion or recommendation. The 21DSD and related coaching are only intended for use by healthy adult individuals and are not intended for use by minors, pregnant women, or anyone with an underlying health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of this program. If you suffer from any medical or psychological conditions, you must consult with and receive approval from your healthcare provider before working with a 21DSD Coach. It is especially important that you communicate your intent to start the 21DSD with your primary care physician if you have underlying conditions. A 21DSD Coach is not intended to be a substitute for your family physician or other appropriate healthcare provider.
If you perceive any adverse physical or emotional reactions to the program guidelines, immediately contact your 21DSD Coach to ascertain whether you should continue. Some negative side effects may occur, but generally resolve in a short period of time. None of the statements contained in the 21DSD books, website materials (including the Balanced Bites® website), or downloaded materials have been evaluated by the FDA.
COMMUNICATION
Every participant is unique; therefore, it is not possible to predict how your body will react to the dietary guidelines set forth in the 21DSD. It may be necessary to adjust the program to adapt to your specific needs until your body begins to properly react to the nutritional plan. It is your responsibility to do your part by using your nutrition guidelines, exercise your body and mind sufficiently to bring your emotions into a positive balance, eat a proper diet, get plenty of rest, and learn about nutrition. Therefore, it is crucial that you remain in contact with your 21DSD Coach, so we can keep you informed and continue to provide applicable guidance. We strongly encourage that you request your primary care physician or other healthcare provider contact your 21DSD Coach for any answers to questions they may have regarding the program.
COMMITMENT BY YOU
In an effort to help you reach your goals of overall health improvement, we ask that the participants make every effort to sincerely commit to the program, potential lifestyle changes, and maintain a positive attitude to the best extent possible. While not required, this commitment will aid in the overall success of your participation.
USE OF INFORMATION
The Company reserves the right, and you hereby authorize and allow the Company, to the use and assignment of all information regarding your participation in the 21DSD Coaching program, and any use of related services and materials, and all information provided by you in any manner consistent with our Privacy Policy, which can be found on the Balanced Bites® website. All remarks, suggestions, ideas, graphics, or other information about the 21DSD Coaching program communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
CERTIFICATION A 21DSD Coach is not necessarily licensed or certified by any state to provide nutritional advice and/or consultation. Rather, a 21DSD Coach is someone who has a demonstrated understanding of the The 21-Day Sugar Detox™, and who has received a certificate of completion as a result of their successfully passing the written exam. A license to provide general nutritional information and to coach people through The 21-Day Sugar Detox™ is not required in some states. However, 21DSD coaches are only providing guidance with respect to participation in the 21DSD program, and are not providing specific meal planning or nutritional recommendations regardless of licensing status.
PRIVACY NOTICE You acknowledge and accept that working with a 21DSD Coach and any related documents, communications, books, or materials (collectively referred to as the “Related Materials”) is an activity conducted exclusively online. As such, you acknowledge and agree to accept correspondence and communication through various websites and email addresses from your 21DSD Coach. The Company does not represent or guarantee that any of the Company’s or your 21DSD Coach’s communications/materials will be free from loss, corruption, attacks, viruses, interference, hacking, or other security intrusion, and Company disclaims any liability relating thereto. You shall be responsible for backing up your own system.
DISCLAIMERS OF WARRANTIES
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE 21DSD COACHING SERVICES) ON THE 21DSD WEBSITE, BALANCED BITES WEBSITE, OR ANY OTHER PRINTED MATERIALS RELATING TO THE 21DSD ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE 21DSD COACHING SERVICES AND RELATED MATERIALS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE 21DSD WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE 21DSD COACHING SERVICES AND RELATED MATERIALS). NEITHER BALANCED BITES, LLC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE 21DSD COACHING SERVICES AND RELATED MATERIALS) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. LIMITATION OF LIABILITY OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH BALANCED BITES, LLC, 21DSD, OR WITH THE 21DSD OR BALANCED BITES WEBSITES, IS TO DISCONTINUE YOUR USE OF THE PROGRAM, SITES, AND THEIR RESPECTIVE AFFILIATES, AND THEIR VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BALANCED BITES, LLC, AND THEIR RESPECTIVE AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
COMPANY’S CONTROL OF COACHING SERVICES
You acknowledge that the Company is not responsible for any coaching services you receive from a 21DSD Coach. The Company does not monitor any coaching provided to you by a 21DSD Coach, nor does the Company receive any compensation as a result of the services provided by your 21DSD Coach. All prices are set by your 21DSD Coach, and the Company has no relationship, affiliation, or partnership with your 21DSD Coach, other than as set forth herein.
As such, you acknowledge and agree that your 21DSD Coach may have a separate agreement governing the terms of the coaching services to be provided. However, no separate agreement shall serve to modify, change, or cancel any of the terms herein. Should any conflict exist between this Agreement and any separate agreement between you and your 21DSD Coach, this Agreement shall control.
INSURANCE
21DSD COACHING IS NOT COVERED BY INSURANCE AND ALL COSTS ARE THE SOLE RESPONSIBILITY OF THE CLIENT. INDEMNIFICATION You agree to indemnify, defend, and hold the Company, and its respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this agreement or your use of the 21DSD Coaching Services or Related Materials, including, but not limited to, any content that you may post, any use of either site’s content, services and products other than as expressly authorized in this agreement or your use of any information obtained from any website owned and operated by the Company.
MISCELLANEOUS This Agreement shall be governed by the laws of the state of New Jersey (without regard to conflict of law principles). A prevailing party in an action to enforce the terms of this Agreement shall be entitled to collect from the other party its reasonable attorney’s fees and costs. This Agreement and all incorporated agreements and your information may be automatically assigned by the Company in its sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any prior executed agreements is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The Company’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.