This Agreement is made between Measure of Faith LLC (“Measure of Faith”) D/B/A New Me With Coach T and the undersigned client (“Client). This agreement supersedes any and all prior representations made verbally or in writing.
SCOPE OF COACHING RELATIONSHIP
Measure of Faith, through its Fit Academy, provides one-on-one and group coaching centered on the Trim Healthy Mama healthy eating lifestyle. However, Measure of Faith’s coaches are not licensed medical professionals or nutritionists and cannot diagnose or treated medical conditions. The Client is encouraged to discuss with her physician his or her desire to follow the THM eating plan.
The Client has contracted for the “30 Day Reset” Accountability Coaching. Accountability coaching will consist of the following:
DATES OF SERVICE
In consideration of Your access to the Program, you agree to pay $60 less any promotional discounts that may be available at the time of purchase. The 30-Day Accountability Coaching program will begin on December 5, 2022 and will continue through January 5, 2023.
PAYMENT AND REFUNDS
All sales are final; no refunds will be issued except as set forth in the Termination provision of this agreement.
TERMINATION OF THE COACHING RELATIONSHIP
If either party is not satisfied with the coaching arrangement, either party may terminate this Agreement without notice, subject to the cancellation and refund policies set forth above. However, if Measure of Faith terminates this agreement, before all sessions in a package are used, it will refund to the Client a pro-rated amount for the unused sessions.
However, no refunds shall be provided for sessions that the Client forfeits due to Client’s failure to comply with this Agreement.
Measure of Faith‘s coaching service are not offered as a substitute for personal medical or mental health care and are not intended to diagnose, treat, or cure any medical conditions.
The Client has chosen to work with Measure of Faith and agrees that she assumes responsibility for consulting with her physician to determine whether adhering to the Trim Healthy Mama lifestyle is medically viable.
Further, Client represents that she is not currently under the care of a physician for any illness or condition other than weight loss.
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.
By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.
Materials Provided By You During The Program
The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
WAIVER OF LIABLITY
The Client expressly assumes the risks of any lifestyle changes he or she chooses to make. The Client therefore releases Measure of Faith LLC an its members, officers, and coaches from any and all liability arising out of allegations, damages, causes of action, or suits arising from the Client’s acts or omissions with respect to the services that Measure of Faith LLC provides.
ALTERNATIVE DISPUTE RESOLUTION
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Polk County, Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures pursuant to JAMS’ Streamlined Arbitration Rules and Procedures]. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties will equally divide the costs of arbitration.
Measure of Faith LLC shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
CHOICE OF LAW& VENUE
This contract shall be governed and construed in accordance with the laws of Florida, excluding that State’s choice of- law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Florida, excluding that State’s choice-of-law principles. Venue shall lie in Polk County, Florida.
This Agreement shall be construed according to laws of the State of Florida. 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.
The Client acknowledges that he or she has read this agreement, that he or she has the opportunity to discuss the contents with Measure of Faith LLC, and if desired, to have it reviewed by an attorney, and the Client intends to be bound by the terms therein.