LIGHTEN UP TERMS OF PURCHASE AND WAIVER
Clean Food Dirty Girl
[Updated May 10 2019]
Lighten Up by Clean Food Dirty Girl (“Lighten Up”)
By clicking “Buy Now,” “Purchase,” 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 Molly Patrick and Michelle Andrie (“Coaches”), acting on behalf of Clean Food Dirty Girl (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
a. Upon execution of this Agreement, electronically, verbally, or otherwise, the Coaches agrees to provide services in accordance with the Lighten Up (“Program/Course”).
b. The scope of services rendered by the Coaches pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website cleanfooddirtygirl.com as part of the Program.
c. Coaches reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
d. 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.
e. Coach reserves the right to remove Client from Program at any time for any reason.
f. The Program includes but is not limited the following :
- An elimination of animal products, alcohol, caffeine and sugar and step by step guide on how to prep and cook your own food and cooking techniques
- Daily myofascial movement practices similar to and may incorporate yoga techniques.
3. PAYMENT AND REFUND POLICY.
a. Upon execution of this Agreement, Client agrees to pay to the Coaches the full purchase amount.
b. If Client requires a refund and has shown reasonable proof that he/she can no longer participate in Lighten Up, the parameters of the refund are as follows:
i. There is a 30% non-refundable fee, regardless of circumstances per the following conditions: If Lighten Up absolutely does not work for you, please contact us within the first 10 days from the date of purchase and explain the reasons why the program did not work and why you are requesting a refund. After 10 days, this offer will no longer be valid.
ii. The Client has fully gone through at least 7 days of the program. Note that Clean Food Dirty Girl has system tracking metrics of participants and will be monitoring the progress of all Clients who have signed up.
iii. We do not provide refunds for buyers remorse.
c. Credit Card Authorization. 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 be open minded to Coaches’ methods and partake in services as proposed. Client understands that Coaches has made no guarantees as to the outcome of the coaching sessions or Program. Coaches may revise methods or parts of the Program based on the needs of the Client.
No program works unless you do the work. This isn’t a miracle diet plan or a quick way to eternal happiness.
We put a tremendous amount of time and energy into this program and we assure you that if you follow this program, you will feel better, and you will get the results you desire.
By participating in the Program, Client acknowledges that the Coaches are not a medical doctor, psychologist, and his/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 Coaches 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 Coaches may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Coaches are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
The Coaches may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations and the Coaches will not be held liable for the services provided by any third-party to the Client. The Coaches are 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 the 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 the Coaches has not and does not make any representations as to the future result that may be derived as a consequence of use of Coaches’ website, programs, products or services.
5. INTELLECTUAL PROPERTY RIGHTS.
In respect of the documents specifically created for the Client as part of this Program, the Coaches 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 the Coaches. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coaches to the Client, nor grant any right or license other than those stated in this Agreement. The Coaches reserves the right to immediately remove Client from the Program, without refund, if you are caught violating this intellectual property policy.
6. RECORDING AND REDISTRIBUTION OF CALLS.
Client acknowledges that group coaching sessions and/or group calls may be recorded (if applicable). Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Coaches.
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 Coaches or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
8. 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.
9. 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.
10. LIMITATION OF LIABILITY.
By using Clean Food Dirty Girl’s services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coaches 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.
11. 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 Kihei, Hawaii 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.
12. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii within United States, regardless of the conflict of laws principles thereof.
13. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Molly + Michelle