By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the It’s Your Turn Nourish You Program outlined below (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Alive with Purpose Health & Life Coaching LLC, a Florida Limited Liability Company (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement, inclusive of the following terms and conditions mutually agreed upon: 

For good and valuable consideration of three hundred ninety-seven U.S. dollars ($397), Client is electing to purchase the “Nourish You” Group Program (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline attached hereto. Client understands and agrees that Coach will utilize suitable methodologies in accordance with Client’s needs, and in accordance with his/her training.

Program Details 

• Client agrees and understands that he/she is purchasing the “Nourish You” Group Program, a 4 module group mentorship program focused on whole food nutrition and mindful living, teaching clients how to reclaim their health and happiness with real food and mindful practices to nourish themselves.  Following the completion of the Program, Client will continue to have access to the Program materials for the life of the program on the Kajabi platform after completion, to finish education, download any resources needed, and complete Program. 

• 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 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 Coach’s website.

1. Program is not to be considered a substitute for medical treatment, advice, counseling, or any other professional service. Coach is not able to, nor will he/she provide any sort of medical diagnoses, treatments, medications, or other services that are completed by a medical professional. Program is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of medical treatment or a diagnosis to relieve a current condition, Program is not right for you. By completing this Agreement, you confirm you are not looking for medical treatment, understand the difference between coaching and treatment, and do not expect Coach to provide any services other than that outlined below in the Program Outline Addendum. 

Confidentiality 

• Following Client’s participation in this program, Client will have gained access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in Program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Program. 

• Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client as part of her membership and/or ability to participate in Program, other than for personal use in her own business and social media accounts without permission from Coach. 

1. Client also understands that due to the “group” nature of the Program, he/she may also obtain access to or otherwise become exposed to confidential or proprietary information belonging to other clients within the same group program via the community chat board available to all members within the membership portal. Client understands and agrees he/she will not disclose, steal, use, distribute, copy, or otherwise share or use any proprietary or confidential information belonging to another client in the group program. Client understands if he/she violates this provision, he or she may be liable to the third-party group member for infringement. Client will hold Coach harmless from any such third-party action taken against Client for such infringement or disclosure. All group coaching sessions will be recorded Zoom sessions, that will be uploaded into Coach’s platform for all members to view. By participating in each live coaching call, Client expressly consents to the recording of each session, and understands it will be shared to other members within Program. 
2. Coach may ask Client about any personal medical conditions or history, in order to better understand Client’s health and overall wellness, and to be able to share how Coaching may specifically benefit them. Client is not required to disclose any medical information to Coach, and may refuse or elect not to answer any such questions. Any decision to share medical information is wholly voluntary, and in Client’s sole and exclusive discretion, as it will likely also be known to the rest of the members of the group. Should Client elect to share any information with Coach, such information will be kept strictly confidential, and will not be shared with any third party outside the group program unless legally obligated to do so, or unless requested in writing by Client to share with a designated third party. 

Intellectual Property Rights 

1. Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach 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. 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 rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program. 
2. 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 Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end your participation in the Program without refund, as well as access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.  
3. Licensee Rights: Coach’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 Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:  (a) Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach; (b) post, distribute, copy, steal or otherwise use any portion of the Program or its content without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client, (c) share purchased materials, information, content with others who have not purchased them, (d) Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

Payment and Payment Plan

1. Client understands the cost of the program is three hundred ninety-seven U.S. dollars ($397) which is payable up front, in full, unless a payment plan or promotion has been offered by Coach. Client agrees to render payment via credit card on Coach’s sales and checkout page for Program. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Coach’s website or a designated third-party payment processor of Coach’s choosing, in full. Absent an agreement regarding a payment plan with Coach, Client must complete payment in full before becoming entitled to any products or services included within Program. 
2. If Coach has offered a payment plan, Client agrees to abide by the rules and payments as explained on Coach’s sales page. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited if payment is not made within seven (7) days of the date it is due, and (2) Client may owe a $50 late fee if he/she has not made the appropriate payment after the seven (7) day grace period.  
3. Coach 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 issues to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach 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 Coach 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 Coach’s sales page. 

Refund Policy 

1. Due to the subjective nature of the Program provided by Coach, and Coach’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Coach is not able to offer refunds once Client has purchased the program. Please conduct any and all necessary research to determine if Program is right for you prior to purchasing. Once the purchase is made, Client will not be eligible to receive a refund. 
2. 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.

Indemnification

1. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach 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 Coach 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 Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge. 

Medical Disclaimer – Not Medical or Professional Advice 

• The purpose and goal of Program is to provide health and life coaching services to Client in a group setting, to aid Client in his/her journey to achieve mental and physical wellness. 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 physical or mental health treatment. While Coach is a Registered Respiratory Therapist, There are no treatment or medical-based elements to Program, and is not meant for those who are in need of (or think they may be in need of) medical services. Coach is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a medical professional in your geographical area. 

• Coach encourages Client to consult a physician if he/she suspects he/she may benefit from such services. Coach will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the coaching Program offered is right for them. Nothing contained within 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.

Discontinuation of Program

• If at any point during Program, Coach believes Client to be in need of medical treatment or other services Coach cannot provide, Coach will advise Client of this. Client has the right to refuse this referral and ignore the recommendation; however, Client may be asked to discontinue use of Program for his/her own well-being, until such treatment can be provided. Should Client wish to disregard Coach’s recommendation and wish to continue with Program, Client agrees to sign an additional waiver confirming this information. 

• If Client has not completed Program at the time of discontinuation, any decisions regarding partial refunds are the sole decision of Coach, and may or may not be offered. 

Voluntary Participation

• Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in her services and that Program is able to help many people, Client acknowledges and agree that Alive with Purpose Health & Life Coaching LLC 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. 

Termination

• This Agreement will be considered in full force and effect until the end of Program, at which time it will automatically terminate, with the exception of the provisions that are to survive termination. 

• Client may terminate this Agreement at any time with reasonable notice to Coach, in writing, explaining the reasons for the termination request. If approved, Client will be removed from Program, however any termination by Client will not entitle Client to a refund, nor will it relieve Client of his/her financial and legal obligation to make all agreed upon payments via a payment plan. Client must complete all payments in the payment plan regardless of his/her participation level or desire to terminate Agreement. 

• Coach may terminate this Agreement by providing written notice to Client and stating the basis upon which he/she seeks to terminate. If Coach is electing to terminate based upon Client breach, or Client difficulty, Client will not be eligible for a refund, nor will he/she be excused from completing the payment plan as promised. If Coach must terminate the Agreement for personal reasons, or due to reasons other than a Client breach, Client will be excused from future payments in a partially completed payment plan after the date in which services are no longer being rendered by Coach. 

Disclaimer 

1. While many of Coach’s past and current clients have experienced wonderful benefits from the Program, and Coach and his/her team will act in their full capacity to ensure your success and happiness in the Program, Coach cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if he or she does not experience the desired results. 
2. Client understands that all services provided by Coach 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 Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program. 
3. 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 Coach delivers the Program as described in the Program Outline Addendum below, or similar substitutes, upon additional agreement by Coach and Client.
4. Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, licensed therapist, or otherwise, and agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on his/her website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for. 

• Earnings Disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary. 

• Due to the group nature of the program, Client understands he/she will encounter other clients of Coach within the Program and community, who will hear Client’s ideas, communication, problems, and solutions on group calls and within the Program community. Client confirms he/she will speak respectfully to all other clients, and engage with an open mind and supportive mindset. Coach will do his/her best to monitor all comments and communications and to ensure all clients are speaking respectfully and refraining from committing infringement or otherwise taking ideas they hear on group calls. Should Client encounter any negative experiences with other clients, Client will advise Coach or his/her team, and Coach will handle the matter appropriately. 

Dispute Resolution 

1. Should a dispute arise between Coach 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 Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.) If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Gulf Breeze, FL within a reasonable amount of time. Client and Coach 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. 

Applicable Law

1. This Agreement shall be governed by and under control of the laws of Florida regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Florida are to be applicable here. 

Amendments

1. This agreement may be altered, amended, changed, or updated as laws change and/or Coach’s offer changes. Client will always be advised of changes to this agreement if within the 12-week course time period. 

Client and Coach agree this Agreement constitutes the entire agreement between Coach and Client, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Client understands that if a portion of the Program or an expectation is not included in this Agreement, it does not apply and is not included within the Program. Client has taken any necessary measures to discuss further and have any questions answered by Coach or Coach’s team, and is in full agreement with the terms outlined herein. This Agreement may be signed in counterparts and sent electronically, and electronic signatures may be considered as originals. 

PROGRAM OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing access to the “Nourish You” Group Program. Once the Program is purchased and all Agreements are signed, the Program to continue for a period of 4 weeks. During this time, Coach will provide the following products and/or services:

1. A 4-module self-paced, guided program with short, practical lessons
2. Simple tools for meal planning, joyful movement, and self-care
3. 2 Monthly Q&A coaching calls with Shari during the designated 8 weeks of the program
4. 8 Weeks of Access to a private community of women walking this path with you

• Modules: Coach will make available 4 modules, to be made available upon purchase of Program, via membership platform released on demand with client completion each module. These Modules are intended to release proprietary information created by Coach 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. 
• Group Q&A Calls: Client understands he/she is entitled to 2-60 Minute live group calls with Coach on a monthly basis as part of the Program. Client understands these calls will be pre-scheduled by Coach, and will likely be recurring on the same day and same time each week or month. Coach will do his/her best to record all group calls for replay and relistening, should Client be unable to attend live. Inability to attend group calls live is not a basis for Client to receive a refund, and Client understands he/she is not eligible for any other “replacement” services if he/she is not able to attend live.  
• Community Group Access: Client may also be granted access to a private group organized by Coach as part of the individual coaching package. If granted access, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments.
• Should Client choose to post anything in this private group, Client is agreeing and acknowledging he or she will not post anything that could harm Coach or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. Client understands that if he/she makes the decision to post content that constitutes cyber bulling, Client’s comments will be removed immediately, and Coach reserves her right to take action against Client to the full extent of applicable laws.