Student Terms and Conditions Kickstart

TERMS AND CONDITIONS

Last updated on October 10, 2023

Revitalized Health and Wellness Counseling LLC

This Terms and Conditions and its Agreements are between You the (“Student”) and Revitalized Health and Wellness Counseling LLC (“Company”) (collectively the “Parties”, or in the singular “Party”), for the purpose of Student purchasing and participating in the Company’s online course (the “Course”) and individual nutrition and exercise coaching services. This Terms and Conditions shall become effective upon the date of Student agreeing to the Terms and Conditions at time of Course purchase.

ONLINE COURSE AGREEMENT

Revitalized Health and Wellness Counseling LLC

This Agreement is between You the (“Student”) and Revitalized Health and Wellness Counseling LLC (“Company”) (collectively the “Parties”, or in the singular “Party”), for the purpose of Student purchasing and participating in the Company’s online course (the “Course”). This Agreement shall become effective upon the date of Student agreeing to the Terms and Conditions at time of Course purchase.

Scope of Online Course

As part of the Course program, Company shall provide the following to Student:

Access to 4-week online Course in Kajabi
Access to private Facebook group
1 individual nutrition coaching session
Access to Main Squeeze Method digital guide
Access to weekly pre-recorded lessons
Access to one lesson assignment
Access to four 1-week meal plans
Access to any additional bonuses that are being offered at time of purchase

Course Terms

After purchasing the Course, Student will be given access to the online course materials in Kajabi by Company by the date of purchase. Student will have access to the Course for 90 days from the date of purchase. Student is not permitted to download or save the Course materials onto its own media storage prior to access being lost.

Student shall only have one license to access the Course and use Course materials. Student understands and agrees that the Course materials may not be shared with any third-party. In the event Company suspects that the Course is being shared or that Student has shared its log-in information with a third-party, Company reserves the right to immediately terminate Student’s access to the Course in its sole discretion.

Fees

In consideration for access to the Course provided by Company, Student agrees to monetarily compensate Company.

Student will pay the one-time fee of $195.00. Student understands and agrees that the payment must be paid at time of purchase and any default in payment will result in immediate removal from the Course.

Student will not be given access to the Course until the full fee is paid.

Refund Policy

No refunds will be provided by Company once the Course is purchased and Course access is granted. Once Course access is granted and thereafter, no refund of any kind will be provided by Company. If Student requests a refund prior to the Course access being granted, then Company will provide a full refund. Company, in its sole discretion, will determine if Student is entitled to a refund. Upon determining that a refund will be given, Company will notify its payment processor to issue the refund. Company does not control its payment processor and the refund will be processed according to that company’s terms and conditions. Any refund given will immediately terminate Student’s access to the Course.

Personal Information

By participating in the Course, Student will be asked to register with the Course hosting platform to receive access to Course materials. Student shall select a username and password and may be asked to provide further personal information. Student agrees to allow Company access to this personal information for all lawful purposes. Student is responsible for the accuracy of the identifying information, maintaining the safety and security of its identifying information, and updating Company on any changes to its identifying information.

The billing information provided to Company by Student will be kept secure and is subject to the same confidentiality and accuracy requirements as Student’s identifying information indicated above. Providing false or inaccurate information, or using the Course for fraud or unlawful activity, is grounds for immediate termination from the Course.

Student Contributions

Through Student’s participation in the Course, Student may post materials, comments, or replies to comments (“Student Contributions”) on Course pages, materials, or the Facebook group. Student grants Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Student Contributions.

Bonuses

Company may offer bonuses to incoming students via marketing and advertising. Student is entitled to any bonuses offered at the time of enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Course and vary depending on live and automated promotions throughout the year. Company reserves the right to change or alter bonuses and promotions in its sole discretion.

Copyright

All Course materials, documents, Facebook posts/comments/replies, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Student hereby agrees that Company’s Course and accompanying content is owned by Revitalized Health and Wellness Counseling LLC and is not to be used for purposes beyond Student implementation. Student is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Course content and resources. Student shall 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 Course. Violations of this federal law will be subject to its civil and criminal penalties.

Termination

Student may not terminate this Agreement once signed and is required to complete all payments as specified in Sections 3.

Company may terminate this Agreement in the event Student breaches this Agreement or any of the Course rules and terms. In the event of termination by Company, Student will be immediately removed from the Course. Student shall still be required to complete all payments.

Communication

Company is generally available to provide services during normal business hours: [Monday – Friday 8am – 5pm CST], excluding holidays. Company WILL ONLY answer communication through email ([email protected]) or private Facebook group. Company WILL NOT answer any direct messages on social media from Student. Company will respond to Student on the required platform within 2 business days.

Service Location

Both Parties agree and understand that the Course platform, Facebook Group, and additional services to be provided under this Agreement shall be performed virtually.

Confidentiality

Student shall not (i) disclose to any third-party any details regarding the business of the Company, including, without limitation its course materials, course downloads, course outlines, coaching methods, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its course and coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.

Assumption of Risk Using Online Platform

Student agrees that its participation in the Course is at its own risk. Company does not assume or accept responsibility for the security of Student’s account or content. Student agrees that its participation in the creation of an online account is at its own risk. In the event a breach of security has occurred, Company will notify Student pursuant to all laws and regulations.

Assumption of Risk & Release of Liability

STUDENT ACKNOWLEDGES AND TAKES FULL RESPONSIBILITY FOR THE STUDENT’S OWN HEALTH, WELLNESS, AND LIFE, AND ALL DECISIONS MADE DURING AND AFTER THIS COURSE AND ALL OTHER SERVICES PROVIDED WITHIN THIS COURSE. STUDENT EXPRESSLY ASSUMES THE RISKS OF THE NUTRITIONAL AND EXERCISE SERVICES PROVIDED BY COMPANY PURSUANT TO THIS AGREEMENT, INCLUDING THE RISKS OF TRYING NEW NUTRITION PROGRAMS, NEW EXERCISE PROGRAMS, NEW FOODS, NEW SUPPLEMENTS, AND THE INHERENT RISKS IN MAKING LIFESTYLE CHANGES.

STUDENT HEREBY RELEASES REVITALIZED HEALTH AND WELLNESS COUNSELING LLC, AND IT’S AGENTS, FROM ANY AND ALL LIABILITY, DAMAGES, CAUSES OF ACTION, ALLEGATIONS, SUITS, SUMS OF MONEY, CLAIMS AND DEMANDS WHATSOEVER, IN LAW OR EQUITY, WHICH THE STUDENT EVER HAD, NOW HAS, OR WILL HAVE IN THE FUTURE AGAINST COMPANY, ARISING FROM OR RELATING TO THE STUDENT’S PAST OR FUTURE PARTICIPATION IN, OR OTHERWISE WITH RESPECT TO, THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, UNLESS ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY.

By agreeing to the Terms and Conditions at time of Course purchase, Student has read, understands and agrees to this assumption of risk & release of liability clause.

Indemnification

Student hereby agrees to indemnify and hold harmless Company and its officers, directors, employees, consultants, contractors, and agents from and against any and all losses, damages, liabilities, expenses and costs, including reasonable legal expenses and attorneys’ fees, as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence or willful misconduct of Company.

Maximum Damages

The sole remedy for any actions or claims by Student shall be limited to a refund, the maximum amount not to exceed the total monies paid by Student under this Agreement.

Limitation of Liability

Student acknowledges that while the Company may provide diet, nutrition, exercise, fitness and personal solutions and suggestions, it is up to Student to act on its own best interest and all decisions for improvement ultimately fall upon Student. Student agrees to hold Company harmless for any and all injuries or damages that may be made to Student on behalf of this Agreement. Student agrees that all health, diet, nutrition, exercise, fitness and personal decisions are its own responsibility.

In no event shall Company be liable under this Agreement to Student or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Student was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

Force Majeure

events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. All payments made by Student up to the date of Notice of a Force Majeure Event are non-refundable. Furthermore, a Force Majeure Event may delay performance of payment by Student, but Student is still required to complete all remaining payments after the Force Majeure Event ends. If a Force Majeure Event severely impacts the Course or ability of Company to provide its services, Company will offer alternative forms of services that are equivalent to the services intended under this Agreement in Company’s sole discretion.

Inability of Company to Continue Course

In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:

Immediately give notice to Student;
Issue a refund or credit based on a reasonably accurate percentage of services rendered and Course program utilized/provided; and
Excuse Student of any further performance and/or payment obligations under this Agreement.

Professional Disclaimer

The Course and additional services provided by Company according to this Agreement are for informational and educational purposes only and is not to be construed as specific medical, nutritional advice, or personal fitness advice for you. Student acknowledges and agrees that any information posted in the Course, Course materials, or Facebook group is not intended to be legal advice, medical advice, financial advice, therapeutic advice, or other professional advice, and no fiduciary relationship has been created between Company and Student.

We, Beryl Smith and Stacie Smith, owners of Revitalized Health and Wellness Counseling LLC, are registered dietitians in the United States of America and licensed dietitians in the state of Texas and Florida, pursuant to the Texas Department of Licensing and Regulation and the Florida Department of Health, but we are not your personal dietitian until a client service contract is signed and agreed to by you and our company. Beryl Smith is certified as a Certified Personal Trainer by the American Council on Exercise, but she is not your individual personal trainer until a client service contract is signed and agreed to by you and our company. Please consult your physician or a qualified health professional on any matters regarding your personal fitness, personal nutrition, health, and/or well-being on any opinions expressed within the Course. Revitalized Health and Wellness Counseling LLC and its agents are not providing the professional services of a doctor, personal registered dietitian, individual personal trainer, therapist or any other kind of licensed or certified professional. Company does not dispense medical advice nor prescribe medical treatment.

The information provided in the Course is believed to be accurate based on the best judgment of Beryl Smith and Stacie Smith and his/her licensed opinions. Revitalized Health and Wellness Counseling LLC, expressly disclaims responsibility to any person or entity for any liability, injury, loss, or damage caused or alleged to be caused directly or indirectly as a result of the use, application or interpretation of any material provided in the Course. You assume all risks associated with use of the information in the Course.

Any statements or claims in the Course about the possible health benefits of foods or supplements have not been evaluated by the Food & Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.

Revitalized Health and Wellness Counseling LLC cannot and is not providing you with medical advice or diagnoses. This Course is not intended to treat any illness or disease and the services provided should not be interpreted as medical advice or diagnoses.

Always seek advice of your physician or other qualified healthcare provider with any questions or concerns you may have regarding a medical condition or treatment and before enrolling and participating in the Course. Never disregard or delay seeking professional medical advice based on information provided in the Course. You are advised to consult with your physician or other qualified healthcare provider before enrolling and participating in the Course.

Revitalized Health and Wellness Counseling LLC and its agents are not licensed physicians or a medical organization.

The services provided by our one-on-one nutrition coaching sessions, Facebook group, or any other services or materials provided in the Course are not medical, psychological, or any other type of healthcare service or counseling. No medical or psychological diagnosis, treatment, or advice is or will be offered. The coaching and other services and materials offered in the Course is not a substitute or alternative to medical, psychological, or other healthcare diagnosis or treatment. If a medical or mental health condition is present, you are advised to seek the advice of physicians or other qualified healthcare providers. Under no circumstances will any of your interactions or services rendered with Revitalized Health and Wellness Counseling LLC and its agents be deemed or construed to create a physician-patient relationship. If Company becomes aware of or suspects any medical or psychological condition or illness, Company may, at its own sole discretion, terminate all or any part of the services offered to you.

The Course offers generalized nutrition and exercise coaching and does not offer one-on-one registered dietitian counseling or medical nutrition therapy. You are not receiving one-on-one registered dietitian services, and you are responsible for your own choices regarding what general recommendations you may accept or reject. Company makes no warrantees or promises that any services or products offered in compliance with any particular state law, board policy, or other regulatory body or agency.

If Company finds Student may benefit in one-on-one registered dietitian counseling or medical nutrition therapy or Student expresses interest in these services, Company may offer these services separately if client resides in a state that Revitalized Health and Wellness Counseling LLC and its agents are licensed dietitians in or legally allowed to practice in. These services are separate from the Course and a separate signed client service agreement agreed upon by Company and Student is required. It is at the Company’s sole discretion to determine if this service will be offered for Student and Company has the right to refuse service. It is at the Company’s sole discretion to determine whether the service is appropriate within state licensing laws, and Company has the right to require a signed physician referral in order to provide services.

Student should consult with a physician or other qualified healthcare provider prior to participating in the Course. If Student has a pre-existing medical condition or history of a medical condition including, but not limited to diabetes, high blood pressure, heart disease, cancer, thyroid disorder, food allergy, or is pregnant or breastfeeding, Company further advises them to consult with a physician or other qualified healthcare provider prior to enrolling and participating in the Course. This program is not for anyone with an eating disorder or history of any eating disorder.

Student should be aware of the risks associated with weight loss. Risks include but are not limited to dizziness, fatigue, constipation, diarrhea, dehydration, hair loss, headaches, cramps, loss of lean body mass, irregular or absent menstruation, heart palpitations, as well as other possible side effects. Revitalized Health and Wellness Counseling LLC and its agents are not responsible for any adverse reactions, effects, or consequences resulting from your use of, reliance on, or implementation of the Course and any of its services.

Student should be aware of the risks associated with exercising. Risks include, but are not limited to dizziness, fatigue, fainting, abnormal blood pressure, dehydration, hair disorder, disorders of heart rhythm, headaches, cramps, loss of lean body mass, irregular or absent menstruation, heart palpitations, and in very rare instances heart attack, stroke, or even death. Student should further be aware that there are risks of bodily injury including, but not limited to injuries to the muscles, ligaments, tendons, bones, and joints of the body. Revitalized Health and Wellness Counseling LLC and its agents are not responsible for any adverse reactions, effects, or consequences resulting from your use of, reliance on, or implementation of the Course and any of its services.

Student should use their discretion when participating in the Course and adjust elements as needed for their specific circumstances. Student should always consult with their appropriate medical provider. If any information Student receives or obtains from the Course or any of its services is inconsistent with medical advice from their physician, Student should follow the advice of their physician. Student’s use of, reliance on, or implementation of the Course and any of its services is at their sole risk.

By purchasing or participating in this Course, you agree that you are 18 years of age or older.

By agreeing to the Terms and Conditions at time of Course purchase, Student has read, understands and agrees to this professional disclaimer clause.

No Guarantees

Company does not make any guarantees as to the results, including weight loss or other personal gains, of any services provided or for Student completing the Course program. Student agrees to take responsibility for Student’s own results.

Release & Reasonable Expectations

Student has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the Course program will produce different outcomes and results for each Student. Student understands and agrees that:

Every Student and final result is different.
Course content is intended for a mass audience and that Company will use its best efforts to create favorable experiences to each Student depending on their personal needs, but that no 1-on-1 services are expected or guaranteed under this Agreement.
Dissatisfaction with Company’s (or any of its agents’) independent judgment or coaching/mentoring style within the Course and in accompanying online platforms are not valid reasons for termination of this Agreement or request of any monies returned.

Spam Policy

Student is strictly prohibited from using the Course and Course materials for illegal spam activities, including, but not limited to, gathering contacts, email addresses, or other personal information from fellow Course students and distributing such information to third-parties or sending any mass commercial emails.

Warranty Disclaimer

Student agrees that its participation in the Course and use of the Course program is at its sole and exclusive risk, and that any services provided by Company are on an “as is” basis. Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warrant of fitness for a particular purpose and the implied warrant of merchantability. Company makes no warranties that the Course will meet your needs or that the Course will be uninterrupted, error-free, or secure.

Sales Tax

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Students and remitted by Company. All sales tax will be included on invoices and/or the checkout process through the Company’s online payment platform.

Entire Agreement

Venue & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Fort Bend County, Texas. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

Arbitration

Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Fort Bend County, Texas, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

Transfer

This Agreement cannot be transferred or assigned to any third-party by either the Company or Students without written consent of all Parties.

Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

Notice

Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: [email protected]; Student’s Email: email address provided by Student at time of sign up for the Course.

Facsimile Signatures

The Parties agree that a facsimile copy (electronic copy) of this Agreement with the signatures as indicated below shall constitute a valid contract.

Student Signature

By agreeing to the Terms and Conditions at completion of Course purchase, Student confirms that it has read, understands, and agrees to the terms and conditions of this Agreement.

Company Signature

Company has read, understands, and agrees to the terms and conditions of this Agreement.

Stacie Smith

Co-Owner of Revitalized Health and Wellness Counseling LLC

Beryl Smith

Co-Owner of Revitalized Health and Wellness Counseling LLC

GROUP COACHING AGREEMENT

Revitalized Health and Wellness Counseling LLC

This Agreement is between You the (“Student”) and Revitalized Health and Wellness Counseling LLC (“Company”) (collectively the “Parties”, or in the singular “Party”), for the purpose of Student purchasing and participating in the Company’s group coaching services as part of the Company’s online course (the “Course”). This Agreement shall become effective upon the date of Student agreeing to the Terms and Conditions at time of Course purchase.

Scope of Group Coaching Program

Access private Facebook group

Fees

In consideration for the group coaching services provided by Company, Student agrees to pay Company the fees for the Course as outlined in Section 3 of the Online Course Agreement. The group coaching service is a part of the Course program and cannot be paid for separately.

Refunds

In the event that this Agreement is terminated pursuant to Section 5, no portion of any payments of any kind whatsoever shall be owed or refunded to Student. In addition, no refunds will be provided by Company once the Course is purchased and Course access is granted. Once Course access is granted and thereafter, no refund of any kind will be provided by Company. If Student requests a refund prior to the Course access being granted, then Company will provide a full refund. Company, in its sole discretion, will determine if Student is entitled to a refund. Upon determining that a refund will be given, Company will notify its payment processor to issue the refund. Company does not control its payment processor and the refund will be processed according to that company’s terms and conditions. Any refund given will immediately terminate Student’s access to the Course.

Group Coaching Private Facebook Group

Student will have access to the private Facebook group as part of the Course. The purpose of the private Facebook group includes but is not limited to the Company and its agents sharing information to the group, the Student having the ability to share results with the group, and the Student having the ability to ask questions to the group.

Student shall act respectfully in the Facebook group. Student agrees to give as much as it takes and shall refrain from inappropriate behavior or over-taking other participants. Company retains the revoke Student’s access to the private Facebook group if Student’s behavior is unacceptable.

Student Responsibilities

Student understands and agrees to be involved in a group coaching program whereby other participants will also be coached by Company alongside Student. Student understands and agrees that this is not a 1-on-1 coaching experience. Student further agrees to treat all other group coaching participants with mutual respect, actively engage in group conversations, and comply with group confidentiality as outlined in Section 10.

Term & Termination

Student may not terminate this Agreement once signed and is required to complete all payments as specified in Section 2 of this Agreement and Sections 3 of the Online Course Agreement.

Company may terminate this Agreement in the event Student breaches this Agreement or any of the Course or group coaching program rules and terms. In the event of termination by Company, Student will be immediately removed from the Course and group coaching program. Student shall still be required to complete all payments.

Communication

Service Location

Both Parties agree and understand that the group coaching services to be provided under this Agreement shall be performed virtually.

Copyright

All coaching services, documents, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Student hereby agrees that Company’s course and content is owned by Revitalized Health and Wellness Counseling LLC and is not to be used for purposes beyond the Course and group coaching program. Violations of this federal law will be subject to its civil and criminal penalties.

Confidentiality

Student shall not (i) disclose to any third-party any details regarding the business of the Company, including, but not limited to, coaching materials, course materials, mentoring style, customers, the prices it obtains, the prices at which it sells products and programs, manners of operation, plans or business ideas, strategies and workflows, trade secrets, or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.

Furthermore, due to the nature of the group coaching program and the need for all participants to talk openly about their health and wellness journey, Student shall not (i) disclose to any third-party any details regarding the health and wellness of any other group coaching participant, including, but not limited to, their personal health information, their health-related concerns, their health-related struggles, their health-related successes, their health-related questions, their health-related goals or plans, or any other information pertaining to the health and wellness of the group coaching participant (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the group coaching participant, or (iii) use Confidential Information other than solely for the benefit of the group coaching participant.

By agreeing to the Terms and Conditions at time of Course purchase, Student has read, understands and agrees to this confidentiality clause.

Group Coaching Privacy

Student acknowledges that any information they share in the group coaching calls including, but not limited to their health and wellness information, their personal health information, their health-related concerns, their health-related struggles, their health-related successes, their health-related questions, their health-related goals or plans, or any other general, personal, or health-related information is strictly voluntary. Student acknowledges that it is their choice to choose what information they do or do not share during the group coaching calls. Any information Student shares during the group coaching calls is at their own sole risk.

Content in the Facebook group will be available for all Students to view within the Facebook group. Student can choose to not be a member of the Facebook group if they do not wish to participate in it.

By agreeing to the Terms and Conditions at time of Course purchase, Student has read, understands, and agrees to this privacy clause.

No Guarantees

Company does not make any guarantees as to the results, including nutritional, health, or other personal gains, of any services provided. Company agrees to provide the services listed in this Agreement in a reasonable and timely manner. Student agrees to take responsibility for Student’s own results.

Release & Reasonable Expectations

Student has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the group coaching program will produce different outcomes and results for each Student it works with. Student understands and agrees that:

Every Student and final result is different;
Health coaching and/or consulting is a subjective service and Company may give different information to each Student depending on its needs and personal health and nutritional needs;
Company will use its personal judgment to create favorable experiences to each Student depending on their personal health and nutritional needs; and
Dissatisfaction with Company’s independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.

Assumption of Risk & Release of Liability

STUDENT ACKNOWLEDGES AND TAKES FULL RESPONSIBILITY FOR THE STUDENT’S OWN HEALTH, WELLNESS, AND LIFE, AND ALL DECISIONS MADE DURING AND AFTER THIS COURSE AND GROUP COACHING PROGRAM AS PART OF THE COURSE. STUDENT EXPRESSLY ASSUMES THE RISKS OF THE NUTRITIONAL AND EXERCISE SERVICES PROVIDED BY COMPANY PURSUANT TO THIS AGREEMENT, INCLUDING THE RISKS OF TRYING NEW NUTRITION PROGRAMS, NEW EXERCISE PROGRAMS, NEW FOODS, NEW SUPPLEMENTS, AND THE INHERENT RISKS IN MAKING LIFESTYLE CHANGES.

By agreeing to the Terms and Conditions at time of Course purchase, Student has read, understands and agrees to this assumption of risk & release of liability clause.

Professional Disclaimer

The group coaching program and additional services provided by Company according to this Agreement are for informational and educational purposes only and is not to be construed as specific medical, nutritional advice, or personal fitness advice for you. Student acknowledges and agrees that any information provided in the Facebook group is not intended to be legal advice, medical advice, financial advice, therapeutic advice, or other professional advice, and no fiduciary relationship has been created between Company and Student.

We, Beryl Smith and Stacie Smith, owners of Revitalized Health and Wellness Counseling LLC, are registered dietitians in the United States of America and licensed dietitians in the state of Texas and Florida, pursuant to the Texas Department of Licensing and Regulation and the Florida Department of Health, but we are not your personal dietitian until a client service contract is signed and agreed to by you and our company. Beryl Smith is certified as a Certified Personal Trainer by the American Council on Exercise, but she is not your individual personal trainer until a client service contract is signed and agreed to by you and our company. Please consult your physician or a qualified health professional on any matters regarding your personal fitness, personal nutrition, health, and/or well-being on any opinions expressed within the group coaching program. Revitalized Health and Wellness Counseling LLC and its agents are not providing the professional services of a doctor, personal registered dietitian, individual personal trainer, therapist or any other kind of licensed or certified professional. Company does not dispense medical advice nor prescribe medical treatment.

The information provided in the group coaching program is believed to be accurate based on the best judgment of Beryl Smith and Stacie Smith and his/her licensed opinions. Revitalized Health and Wellness Counseling LLC, expressly disclaims responsibility to any person or entity for any liability, injury, loss, or damage caused or alleged to be caused directly or indirectly as a result of the use, application or interpretation of any material provided in the group coaching program. You assume all risks associated with use of the information in the group coaching program.

Any statements or claims in the group coaching program about the possible health benefits of foods or supplements have not been evaluated by the Food & Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.

Revitalized Health and Wellness Counseling LLC cannot and is not providing you with medical advice or diagnoses. This group coaching program and additional services part of the Course is not intended to treat any illness or disease and the services provided should not be interpreted as medical advice or diagnoses.

Always seek advice of your physician or other qualified healthcare provider with any questions or concerns you may have regarding a medical condition or treatment and before enrolling and participating in the group coaching program and additional services as part of the Course. Never disregard or delay seeking professional medical advice based on information provided in the group coaching program and additional services as part of the Course. You are advised to consult with your physician or other qualified healthcare provider before enrolling and participating in the group coaching program and additional services as part of the Course.

Revitalized Health and Wellness Counseling LLC and its agents are not licensed physicians or a medical organization.

The services provided by our group coaching program, Facebook group, or any other services or materials provided in the Course are not medical, psychological, or any other type of healthcare service or counseling. No medical or psychological diagnosis, treatment, or advice is or will be offered. The coaching and other services and materials offered in the group coaching program and additional services as part of the Course is not a substitute or alternative to medical, psychological, or other healthcare diagnosis or treatment. If a medical or mental health condition is present, you are advised to seek the advice of physicians or other qualified healthcare providers. Under no circumstances will any of your interactions or services rendered with Revitalized Health and Wellness Counseling LLC and its agents be deemed or construed to create a physician-patient relationship. If Company becomes aware of or suspects any medical or psychological condition or illness, Company may, at its own sole discretion, terminate all or any part of the services offered to you.

The group coaching program and additional services as part of the Course offers generalized nutrition and exercise coaching and does not offer one-on-one registered dietitian counseling or medical nutrition therapy. You are not receiving one-on-one registered dietitian services, and you are responsible for your own choices regarding what general recommendations you may accept or reject. Company makes no warrantees or promises that any services or products offered in compliance with any particular state law, board policy, or other regulatory body or agency.

If Company finds Student may benefit in one-on-one registered dietitian counseling or medical nutrition therapy or Student expresses interest in these services, Company may offer these services separately if client resides in a state that Revitalized Health and Wellness Counseling LLC and its agents are licensed dietitians in or legally allowed to practice in. These services are separate from the group coaching program and additional services as part of the Course and a separate signed client service agreement agreed upon by Company and Student is required. It is at the Company’s sole discretion to determine if this service will be offered for Student and Company has the right to refuse service. It is at the Company’s sole discretion to determine whether the service is appropriate within state licensing laws, and Company has the right to require a signed physician referral in order to provide services.

Student should consult with a physician or other qualified healthcare provider prior to participating in the group coaching program and additional services as part of the Course. If Student has a pre-existing medical condition or history of a medical condition including, but not limited to diabetes, high blood pressure, heart disease, cancer, thyroid disorder, food allergy, or is pregnant or breastfeeding, Company further advises them to consult with a physician or other qualified healthcare provider prior to enrolling and participating in the group coaching program and additional services as part of the Course. This program is not for anyone with an eating disorder or history of any eating disorder.

Student should be aware of the risks associated with exercising. Risks include, but are not limited to dizziness, fatigue, fainting, abnormal blood pressure, dehydration, hair disorder, disorders of heart rhythm, headaches, cramps, loss of lean body mass, irregular or absent menstruation, heart palpitations, and in very rare instances heart attack, stroke, or even death. Student should further be aware that there are risks of bodily injury including, but not limited to injuries to the muscles, ligaments, tendons, bones and joints of the body. Revitalized Health and Wellness Counseling LLC and its agents are not responsible for any adverse reactions, effects, or consequences resulting from your use of, reliance on, or implementation of the group coaching program and additional services as part of the Course and any of its services.

Student should use their discretion when participating in the group coaching program and additional services as part of the Course and adjust elements as needed for their specific circumstances. Student should always consult with their appropriate medical provider. If any information Student receives or obtains from the group coaching program and additional services as part of the Course or any of its services is inconsistent with medical advice from their physician, Student should follow the advice of their physician. Student’s use of, reliance on, or implementation of the group coaching program and additional services as part of the Course and any of its services is at their sole risk.

By purchasing or participating in this Course, you agree that you are 18 years of age or older.

By agreeing to the Terms and Conditions at time of Course purchase, student has read, understands and agrees to this professional disclaimer clause.

Non-Disparagement

Company and the Student agree that, at all times during this Agreement and in perpetuity, they shall use reasonable and good faith efforts to ensure that neither Party engages in any vilification of the other, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of Company. The Parties further agree to do nothing that would damage the other’s business reputation or goodwill; provided, however, that nothing in this Agreement shall prohibit either Party’s disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction.

Harassment

In the event Company or any of its agents experience or are made aware of any inappropriate, threatening, hostile, or offensive behavior from Student at any time during the contractual period or during any Facebook activity (including, but not limited to, unwelcome sexual advances, verbal or physical conduct of a sexual nature, or physical or verbal harassment related to race, sex, creed, color, marital status, sexual orientation, family status, and/or disability), Company will ask Student to leave the group immediately and this Agreement shall be deemed terminated. Upon termination due to harassment, Company shall be entitled to retain all monies paid and Student agrees to relieve and hold Company harmless as a result of incomplete services.

Indemnification

Each Party hereby agrees to indemnify and hold harmless the other Party and its agents from and against any and all losses, damages, liabilities, expenses and costs, including reasonable legal expenses and attorneys’ fees, to which the other may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by the other Party pursuant to this Agreement, except to the extent such losses result from the gross negligence or willful misconduct of a Party.

Maximum Damages

The sole remedy for any actions or claims shall be limited to the maximum amount not to exceed the total monies paid by Student under this Agreement.

Limitation of Liability

Force Majeure

No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice.

In the event of termination due to a Force Majeure Event, any and all payments made by Student up to the date of Notice of a Force Majeure Event are non-refundable. Furthermore, a Force Majeure Event may delay performance of payment by Student, but Student is still required to complete all remaining payments after the Force Majeure Event ends. If a Force Majeure Event severely impacts the group coaching program or ability of Company to provide its services, Company will offer alternative forms of coaching that are equivalent to the services intended under this Agreement in Company’s sole discretion.

Cancellation of Services by Company

Immediately give Notice to Student;
Issue a refund or credit based on a reasonably accurate percentage of services rendered and Course program utilized/provided; and
Excuse Student of any further performance and/or payment obligations under this Agreement.

Sales Tax

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Student and remitted by Company. All sales tax will be included on invoices and/or the checkout process through the Company’s online payment platform.

Assignability & Parties of Interest

Student shall not assign, sub-contract, substitute, or hire any third-party to take the place of Student in performance of this Agreement.

Entire Agreement

Venue & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Fort Bend County, Texas. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Fort Bend County, Texas unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

28. Severability & No Waiver

Transfer

This Agreement cannot be transferred or assigned to any third-party by either the Company or Student without written consent of all Parties.

Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

Notice

Facsimile Signatures

The Parties agree that a facsimile copy (electronic copy) of this Agreement with the signatures as indicated below shall constitute a valid contract.

Student Signature

By agreeing to the Terms and Conditions at completion of Course purchase, Student confirms that it has read, understands, and agrees to the terms and conditions of this Agreement.

Company Signature

Company has read, understands, and agrees to the terms and conditions of this Agreement.

Stacie Smith

Co-Owner of Revitalized Health and Wellness Counseling LLC

Beryl Smith

Co-Owner of Revitalized Health and Wellness Counseling LLC

NUTRITION & EXERCISE COACHING AGREEMENT

Revitalized Health and Wellness Counseling LLC

This Agreement is between You the (“Student”) and Revitalized Health and Wellness Counseling LLC (“Company”) (collectively the “Parties”, or in the singular “Party”), for the purpose of Student purchasing and participating in the Company’s individual nutrition and exercising coaching services as part of the Company’s online course (the “Course”). This Agreement shall become effective upon the date of Student agreeing to the Terms and Conditions at time of Course purchase.

Scope of Coaching Program

1 individual nutrition coaching session
Any exercise-related coaching provided including but not limited to exercise information that may be provided during individual nutrition coaching session

Coaching Sessions

Individual nutrition coaching sessions will occur via Zoom, Kajabi, or Practice Better. Student understands and agrees to 1 individual nutrition coaching session during the program period. Coaching sessions will last for 30 minutes. Student understands that sessions will not go over time. Student understands that coaching sessions will only occur during the Course time frame and acknowledges that sessions will NOT roll over. Revitalized Health and Wellness Counseling LLC and its agents will electronically document nutrition coaching sessions using the secure client management and documentation platform, Practice Better other platform of Company’s choosing. All sessions must be completed by the end of the coaching program as part of the Course agreed to in this Agreement and the Online Course Agreement.

By agreeing to the Terms and Conditions at time of Course purchase, Student has read, understands and agrees to virtual individual nutrition coaching sessions via Zoom, Kajabi, or Practice Better and their sessions being electronically documented in Practice Better by Company and its agents or other platform of Company’s choosing.

Any additional nutrition and exercise coaching that may be offered within the Course may be considered group coaching calls and activities and is subject to the Online Course Agreement and Group Coaching Agreement along with this Agreement. Any additional exercise coaching may be provided in the private Facebook group or discussed during the individual nutrition coaching session. The number of any additional exercise coaching and the amount of time they will last is at the discretion of Revitalized Health and Wellness Counseling LLC.

Fees

In consideration for the nutrition and exercise coaching services provided by Company, Student agrees to pay Company the fees for the Course as outlined in Section 3 of the Online Course Agreement. The nutrition and exercise coaching service is a part of the Course program and cannot be paid for separately.

Refunds

Term & Termination

Student may not terminate this Agreement once signed and is required to complete all payments as specified in Section 3 of this Agreement and Section 3 of the Online Course Agreement.

Company may terminate this Agreement in the event Student breaches this Agreement or any of the Course or nutrition and exercise coaching rules and terms. In the event of termination by Company, Student will be immediately removed from the Course and nutrition and exercise coaching program. Student shall still be required to complete all payments.

Further, if Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, other personal emergencies, or complete breakdown of communication or relationship with Student, it will:

Immediately give Notice to Student;
Issue a refund or credit based on a reasonably accurate percentage of services rendered and Course program utilized/provided; and
Excuse Student of any further performance and/or payment obligations under this Agreement.

Communication

STUDENT UNDERSTANDS AND AGREES THAT IT IS THEIR RESPONSIBILITY TO RESPOND TO COMPANY WITHIN 48 HOURS TO ENSURE THERE IS NO BREAKDOWN OF COMMUNICATION. IN THE EVENT COMPANY DOES NOT RECEIVE A RESPONSE FROM STUDENT WITHIN A 48 HOUR PERIOD, COMPANY SHALL NOTIFY STUDENT THREE ADDITIONAL TIMES REQUESTING A RESPONSE. IN THE EVENT COMPANY DOES NOT RECEIVE A RESPONSE WITHIN 24 HOURS AFTER THE FINAL REQUEST, COMPANY MAY AT THEIR DISCRETION UNILATERALLY TERMINATE THE CONTRACT, RETAIN ALL PAYMENTS MADE AS LIQUIDATED DAMAGES, AND SEEK PAYMENT FOR ANY OUTSTANDING SERVICES PERFORMED THAT HAS NOT BEEN PAID BY STUDENT.

By agreeing to the Terms and Conditions at time of Course purchase, Student has read, understands and agrees to this communication clause.

Service Location

Both Parties agree and understand that the coaching services to be provided under this Agreement shall be performed virtually.

Billing Insurance

Company is a fee-for-service provider and does not accept insurance. Some major health insurance companies may cover all or a portion of fitness or nutrition counseling. However, each insurance provider varies depending upon the agreement Student has with its’ specific insurer and Student is responsible for any and all types of insurance reimbursement on its own.

Copyright

All coaching services, documents, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Student hereby agrees that Company’s course and content is owned by Revitalized Health and Wellness Counseling LLC and is not to be used for purposes beyond student implementation. Violators of this federal law will be subject to civil and criminal penalties.

Student Confidentiality

Student shall not (i) disclose to any third-party any details regarding the business of the Company, including, but not limited to, the names of any of its course materials, coaching materials, the information in any of its course materials, the information in any of its coaching materials, mentoring style, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.

By agreeing to the Terms and Conditions at time of Course purchase, Student has read, understands and agrees to this confidentiality clause.

Duty of Company Regarding Student Confidentiality

As a part of nutrition and exercise coaching services, Student may be asked to provide information concerning their physical habits, medical history, moods, energy levels, food likes and dislikes, lifestyle, diet, fitness abilities, exercise routines, etc. Company will hold this information in confidence and will not release or disclose this information outside of the practice of Revitalized Health and Wellness Counseling LLC without Student’s prior consent, except as required by applicable law.

Assumption of Risk & Release of Liability

STUDENT ACKNOWLEDGES AND TAKES FULL RESPONSIBILITY FOR THE STUDENT’S OWN HEALTH, WELLNESS, AND LIFE, AND ALL DECISIONS MADE DURING AND AFTER THIS COURSE AND COACHING PROGRAM AS PART OF THE COURSE. STUDENT EXPRESSLY ASSUMES THE RISKS OF THE NUTRITIONAL AND EXERCISE SERVICES PROVIDED BY COMPANY PURSUANT TO THIS AGREEMENT, INCLUDING THE RISKS OF TRYING NEW NUTRITION PROGRAMS, NEW EXERCISE PROGRAMS, NEW FOODS, NEW SUPPLEMENTS, AND THE INHERENT RISKS IN MAKING LIFESTYLE CHANGES.

By agreeing to the Terms and Conditions at time of Course purchase, Student has read, understands and agrees to this assumption of risk & release of liability clause.

Model Release & Promotion by Company

Student understands and agrees that by signing this Agreement it gives Company a model release to use any photographs of Student sent to Company for advertising, trade, promotion, exhibition, or any other lawful purposes. Company will not use Student’s name, face, or likeness in any photographs used (e.g. all progress photos sent to Company by Student will be cropped so Student’s face is hidden). Company will not give any photos of Student to third-parties without the prior written consent of Student. Student may withdraw consent at any time by giving Company seven (7) days written Notice.

No Guarantees

Release & Reasonable Expectations

Student has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the coaching program will produce different outcomes and results for each Student. Student understands and agrees that:

Every Student and final result is different;
Health coaching and/or consulting is a subjective service and Company may give different information to each Student depending on its needs and personal health and nutritional needs;
Company will use its personal judgment to create favorable experiences to each Student depending on their personal health and nutritional needs; and
Dissatisfaction with Company’s independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.

Professional Disclaimer

The nutrition and exercise coaching program and additional services provided by Company according to this Agreement are for informational and educational purposes only and is not to be construed as specific medical, nutritional advice, or personal fitness advice for you. Student acknowledges and agrees that any information provided in the individual nutrition coaching sessions or any additional exercise coaching provided is not intended to be legal advice, medical advice, financial advice, therapeutic advice, or other professional advice, and no fiduciary relationship has been created between Company and Student.

We, Beryl Smith and Stacie Smith, owners of Revitalized Health and Wellness Counseling LLC, are registered dietitians in the United States of America and licensed dietitians in the state of Texas and Florida, pursuant to the Texas Department of Licensing and Regulation and the Florida Department of Health, but we are not your personal dietitian until a client service contract is signed and agreed to by you and our company. Beryl Smith is certified as a Certified Personal Trainer by the American Council on Exercise, but she is not your individual personal trainer until a client service contract is signed and agreed to by you and our company. Please consult your physician or a qualified health professional on any matters regarding your personal fitness, personal nutrition, health, and/or well-being on any opinions expressed within the nutrition and exercise coaching program. Revitalized Health and Wellness Counseling LLC and its agents are not providing the professional services of a doctor, personal registered dietitian, individual personal trainer, therapist or any other kind of licensed or certified professional. Company does not dispense medical advice nor prescribe medical treatment.

The information provided in the nutrition and exercise coaching program is believed to be accurate based on the best judgment of Beryl Smith and Stacie Smith and his/her licensed opinions. Revitalized Health and Wellness Counseling LLC, expressly disclaims responsibility to any person or entity for any liability, injury, loss, or damage caused or alleged to be caused directly or indirectly as a result of the use, application or interpretation of any material provided in the nutrition and exercise coaching program. You assume all risks associated with use of the information in the nutrition and exercise coaching program.

Any statements or claims in the nutrition and exercise coaching program about the possible health benefits of foods or supplements have not been evaluated by the Food & Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.

Revitalized Health and Wellness Counseling LLC cannot and is not providing you with medical advice or diagnoses. This nutrition and exercise coaching program and additional services part of the Course is not intended to treat any illness or disease and the services provided should not be interpreted as medical advice or diagnoses.

Always seek advice of your physician or other qualified healthcare provider with any questions or concerns you may have regarding a medical condition or treatment and before enrolling and participating in the nutrition and exercise coaching program and additional services as part of the Course. Never disregard or delay seeking professional medical advice based on information provided in the nutrition and exercise coaching program and additional services as part of the Course. You are advised to consult with your physician or other qualified healthcare provider before enrolling and participating in the nutrition and exercise coaching program and additional services as part of the Course.

Revitalized Health and Wellness Counseling LLC and its agents are not licensed physicians or a medical organization.

The services provided by our nutrition and exercise coaching program, individual nutrition coaching sessions, any additional exercise coaching provided, or any other services or materials provided in the Course are not medical, psychological, or any other type of healthcare service or counseling. No medical or psychological diagnosis, treatment, or advice is or will be offered. The coaching and other services and materials offered in the nutrition and exercise coaching program and additional services as part of the Course is not a substitute or alternative to medical, psychological, or other healthcare diagnosis or treatment. If a medical or mental health condition is present, you are advised to seek the advice of physicians or other qualified healthcare providers. Under no circumstances will any of your interactions or services rendered with Revitalized Health and Wellness Counseling LLC and its agents be deemed or construed to create a physician-patient relationship. If Company becomes aware of or suspects any medical or psychological condition or illness, Company may, at its own sole discretion, terminate all or any part of the services offered to you.

The nutrition and exercise coaching program and additional services as part of the Course offers generalized nutrition and exercise coaching and does not offer one-on-one registered dietitian counseling or medical nutrition therapy. You are not receiving one-on-one registered dietitian services, and you are responsible for your own choices regarding what general recommendations you may accept or reject. Company makes no warrantees or promises that any services or products offered in compliance with any particular state law, board policy, or other regulatory body or agency.

If Company finds Student may benefit in one-on-one registered dietitian counseling or medical nutrition therapy or Student expresses interest in these services, Company may offer these services separately if student resides in a state that Revitalized Health and Wellness Counseling LLC and its agents are licensed dietitians in or legally allowed to practice in. These services are separate from the nutrition and exercise coaching program and additional services as part of the Course and a separate signed client service agreement agreed upon by Company and Student is required. It is at the Company’s sole discretion to determine if this service will be offered for Student and Company has the right to refuse service. It is at the Company’s sole discretion to determine whether the service is appropriate within state licensing laws, and Company has the right to require a signed physician referral in order to provide services.

Student should consult with a physician or other qualified healthcare provider prior to participating in the nutrition and exercise coaching program and additional services as part of the Course. If Student has a pre-existing medical condition or history of a medical condition including, but not limited to diabetes, high blood pressure, heart disease, cancer, thyroid disorder, food allergy, or is pregnant or breastfeeding, Company further advises them to consult with a physician or other qualified healthcare provider prior to enrolling and participating in the nutrition and exercise coaching program and additional services as part of the Course. This program is not for anyone with an eating disorder or history of any eating disorder.

Student should be aware of the risks associated with weight loss. Risks include, but are not limited to dizziness, fatigue, constipation, diarrhea, dehydration, hair loss, headaches, cramps, loss of lean body mass, irregular or absent menstruation, heart palpitations, as well as other possible side effects. Revitalized Health and Wellness Counseling LLC and its agents are not responsible for any adverse reactions, effects, or consequences resulting from your use of, reliance on, or implementation of the nutrition and exercise coaching program and additional services as part of the Course and any of its services.

Student should be aware of the risks associated with exercising. Risks include, but are not limited to dizziness, fatigue, fainting, abnormal blood pressure, dehydration, hair disorder, disorders of heart rhythm, headaches, cramps, loss of lean body mass, irregular or absent menstruation, heart palpitations, and in very rare instances heart attack, stroke, or even death. Student should further be aware that there are risks of bodily injury including, but not limited to injuries to the muscles, ligaments, tendons, bones and joints of the body. Revitalized Health and Wellness Counseling LLC and its agents are not responsible for any adverse reactions, effects, or consequences resulting from your use of, reliance on, or implementation of the nutrition and exercise coaching program and additional services as part of the Course and any of its services.

Student should use their discretion when participating in the nutrition and exercise coaching program and additional services as part of the Course and adjust elements as needed for their specific circumstances. Student should always consult with their appropriate medical provider. If any information Student receives or obtains from the nutrition and exercise coaching program and additional services as part of the Course or any of its services is inconsistent with medical advice from their physician, Student should follow the advice of their physician. Student’s use of, reliance on, or implementation of the nutrition and exercise coaching program and additional services as part of the Course and any of its services is at their sole risk.

By purchasing or participating in this Course, you agree that you are 18 years of age or older.

By agreeing to the Terms and Conditions at time of Course purchase, Student has read, understands and agrees to this professional disclaimer clause.

Maximum Damages

The sole remedy for any actions or claims by Student shall be limited to the maximum amount not to exceed the total monies paid by Student under this Agreement.

Limitation of Liability

Indemnification

Student shall indemnify, release, discharge and hold harmless Company, its heirs, legal representatives, assigns, employees, contractors, or any persons or corporations acting under permission or authority of the Company from and against any and all losses, damages, liabilities, and expenses and costs, including reasonable legal expenses and attorneys’ fees, to which Company may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Company.

Force Majeure

Sales Tax

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Student and remitted by Company. All sales tax will be included on invoices.

Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing and Student must electronically agree to a new Terms and Conditions created by Company.

23. Venue & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Fort Bend County, Texas. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

Arbitration

Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Fort Bend County, Texas unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

Severability & No Waiver

Transfer

This Agreement cannot be transferred or assigned to any third-party by either the Company or Student without written consent of all Parties.

Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

Notice

Facsimile Signatures

The Parties agree that a facsimile copy (electronic copy) of this Agreement with the signatures as indicated below shall constitute a valid contract.

Student Signature

By agreeing to the Terms and Conditions at completion of Course purchase, Student confirms that it has read, understands, and agrees to the terms and conditions of this Agreement.

Company Signature

Company has read, understands, and agrees to the terms and conditions of this Agreement.

Stacie Smith

Co-Owner of Revitalized Health and Wellness Counseling LLC

Beryl Smith

Co-Owner of Revitalized Health and Wellness Counseling LLC

TESTIMONIAL RELEASE AGREEMENT

Revitalized Health and Wellness Counseling LLC

You (hereafter “Student”) understand your testimonial provided (hereafter “Testimonial”) is made on behalf of Revitalized Health and Wellness Counseling LLC (hereafter “Company”) and may be used in connection with Company’s marketing, advertising, and public relations.

Student hereby authorizes Company to copy, exhibit, publish or distribute Student’s Testimonial and name (first name only) for purposes of publicizing Company’s services or for any other lawful purpose. These statements may be used in emails, printed publications, multimedia presentations, on websites or social media, or in any other distribution or digital media. Student agrees that Student will make no monetary or other claims against Company for the use of the Testimonial.

In addition, Student waives any right to inspect or approve the published Testimonial, including written copy, wherein Student’s name (first name only) and likeness appears.

Student hereby certifies that Student is over eighteen (18) years of age and competent to contract in Student’s own name.

Student agrees that Student’s testimonial may be used indefinitely from the date the testimonial is submitted unless Student requests otherwise.

Student understands that Student has the right to revoke Student’s Testimonial at any time by giving Company written notice of Student’s revocation.

Student hereby holds harmless and releases Company from all claims, demands and causes of action which Student, Student’s heirs, representatives, executors, administrators or any other persons acting on Student’s behalf or on behalf of Student’s estate have or may have by reason of this authorization.

By agreeing to the Terms and Conditions at time of Course purchase, Student has read this Testimonial Release Form and gives consent for the use and authorization of Student’s Testimonial as indicated above.

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