“NUTRITION PROGRAM WITH GOLD’S GYM CHALLENGE”
For good and valuable consideration, Customer agrees to purchase NP, a group program (“Purchase”) from Company. In exchange, Company agrees to provide the purchased item, with details as outlined below.
I. PURCHASE DETAILS
GGNP is a group program to provide educational and resource support and guidance for dietary information and associated resources. Customer understands and agrees this purchase includes:
a. Customer Download of educational, informational, and resource material and document
b. Customer being a participant in live workshops and/or live webinars, with download access to the recordings of such webinar
c. Customer, with additional purchase, having a subscription to the RealPlans recipe and meal planner online service
d. Customer having access to communicate with Kelly Wilhite via email, the Gold’s Gym Challenge Facebook Group, the live workshops, and the live webinars.
e. Customer receiving newsletters by email by being added to this business email distribution list; Customer may unsubscribe at any time
Customer has done sufficient research to fully understand what is included in the Purchase and what is not included in the Purchase. Customer agrees to be bound by Company’s Disclaimer which is posted on the footer of Company’s website at www.KellyWilhite.com. Click here for Disclaimer.
In consideration for the Purchase provided by Company to Customer, Customer agrees to pay Company a fee of $75 for the Nutrition Program CORE OR $125 for the Nutrition Program PLUS. The Nutrition Program PREMIUM pricing will vary and will be additional to the CORE or PLUS programs. Customer agrees to make payment via PayPal. Customer agrees to be responsible for the full Fee and agrees to pay the full Fee electronically, via Company’s website or via PayPal using link: https://www.paypal.me/KellyWilhiteUSA.
A. Group Webinars
Group webinars will be scheduled at a time that is universally acceptable to the members of the group, however Customer understands this timing may not always work for Customer’s schedule. Customer understands that any inability to attend a group session is in no way the fault of Company and does not affect the Purchase. When participating in the group, Customer agrees not to be disruptive, hurtful, or harassing to any members of the group.
B. Social Media Group
When participating in the Gold’s Gym Challenge Facebook page, Customer agrees not to post anything defamatory, harmful, hurtful, harassing, or that would constitute cyberbullying as a post or comment relating to this GGNP. Customer understands that Company has a zero tolerance policy and will immediately take action with Gold’s Gym if this provision is violated.
C. Group Workshops
Group workshops are held at the Gold’s Gym Lawrenceville, GA and Dacula, GA locations and timing is determined by Gold’s Gym. When participating in Group Workshops, Customer agrees not to say or do anything defamatory, harmful, hurtful, or harassing relating to this GGNP. Customer understands that Company has a zero tolerance policy and will immediately take action with Gold’s Gym if this provision is violated.
D. Access to Company
During the Purchase, Company will be accessible to Customer by email, the group workshops, and the live webinars. This includes unlimited emails for the duration of the GGNP. Company will respond as soon as possible, usually within 1 – 2 business days and, if there is unexpected delay, Company will inform Customer within a reasonable time period with an update on when Customer can expect a full response. For complex, more in depth needs, Customer agrees to schedule a presonal Wellness Session with Company at additional Customer expense.
IV. NON-DISCLOSURE AND CONFIDENTIALITY
By participating in GGNP, Customer may share private and confidential information with Company and other customers in the group program (“the Group”). Company agrees not to disclose such confidential information to anyone not in the Group. Customer may authorize Company to disclose such information in writing.
A reserved exception to this is if Company is required by law to disclose information shared by Customer, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Customer, Company, a third party, or to respond to an emergency. In such event, Company will limit disclosure to essential information.
Customer and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.
V. INTELLECTUAL PROPERTY
Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Purchase, unless otherwise stated, including but not limited to, documents, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Customer or specifically created for Customer.
By purchasing GGNP, Customer is granted one limited, revocable, non-transferrable license to view, read, download, print and use the materials and content in the Purchase, for Customer’s personal benefit only, as directed by Company. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.
Customer agrees not to copy, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent. If a violation of this provision is discovered or suspected, Customer understands that this may constitute infringement and theft of Company’s intellectual property and may be a violation of United States Federal laws. In that event, Company may terminate Customer’s access to the Purchase, without refund, and reserves the right to prosecute such infringement to the fullest extentof the law.
If Company is unable to provide purchase details as outlined in Section I above, Company or Company’s agents will contact Customer to reschedule or offer an alternate purchase. If no suitable alternative is available, Customer may be entitled to a partial refund, which may be pro-rated depending on the nature of the Purchase, at Kelly Wilhite’s discretion.
Thriving in Wellness, LLC and Kelly Wilhite reserve the right to terminate this GGNP if at any point it is determined not to be advantageous for the GGNP to continue. If this happens, Kelly Wilhite is responsible for advising the Customer by email and will refund Customer for funds paid.
VII. REFUND POLICY
Company’s refund policy is as follows:
We stand behind our programs & services and your satisfaction is very important to us. Because we have invested significant time, education, creativity, and effort in creating this GGNP, our refund policy is as follows: All purchases are non-refundable.
Customer understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy. Customer further understands that if Customer cannot participate in this GGNP, all payments are still due under this Agreement. Any chargeback or threat of chargeback made by Customer will result in immediate termination of Customer’s access to any content of GGNP and an additional $150.
Company may request Customer to provide a testimonial on the Purchase. Customer understands that there is no requirement to provide such a testimonial and further understands that if Customer declines to provide such a testimonial, there will be no negative consequences or change in relationship between Company and Customer.
If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion. Customer understands that the testimonial, along with Customer’s identifying information may be used in Company’s marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial. Customer agrees to sign a Testimonial Release if requested by Company.
IX. NO GUARANTEES, NO WARRANTIES
Customer is participating in this Purchase voluntarily and understands that Company makes no guarantees regarding Customer’s results with this Purchase.
Customer agrees that Company is not responsible and Customer does not have a cause of action, legal remedy, or an entitlement to a refund if Customer does not achieve the desired result upon completion of the Purchase. Customer agrees that Company is not responsible if there are errors or omissions in the Purchase or any of its materials.
This GGNP is designed to support you in reaching your goals, but your success depends on many factors, including your own motivation, effort, and dedication, in addition to your own unique health and genetic profile, and you understand that these factors will effect your results. You also understand that this GGNP offers guidance, direction and program materials but do not actually implement anything for you. You are responsible for producing your results.
X. DISCLAIMER, FULL DISCLAIMER INCORPORATED BY REFERENCE
Nothing in the Purchase is intended to constitute or should be relied upon as medical, mental health, financial, business or legal advice. Thriving in Wellness, LLC provides health and wellness information and education. Customer understands that Company does not diagnose, treat, heal, cure or prevent any illness, medical condition or mental or emotional condition and nothing in the Purchase is intended to diagnose, treat, heal, cure or prevent any illness, medical condition or mental condition.
Company is providing services only in the capacity as a nutrition and wellness coach and not as a licensed healthcare professional, licensed mental health professional or licensed business professional. Nothing in the Purchase is intended to be a substitute for consultation with a licensed healthcare professional, licensed mental health professional or licensed business professional. Customer is encouraged to consult with a licensed healthcare professional, licensed mental health professional or licensed business professional to review and advise Customer on Customer’s specific situation.
XI. ASSUMPTION OF RISK
Customer is entering into this Purchase voluntarily at Customer’s own free will. Customer understands that the Purchase may include participation in lifestyle strategies including diet, exercise, movement elements or financial, business or career strategies, which include inherent risks of harm, illness, injury and other negative results. Customer confirms that during participation in this Purchase, Customer will always have the opportunity to consult with a licensed medical professional, mental health professional or licensed business professional before acting on any content of the Purchase. If Customer chooses not to consult with other licensed professionals and chooses to act on any content in the Purchase, Customer agrees that Customer is acting voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm, illness, injury, or other negative results.
XII. LIMITED LIABILITY, INDEMNIFICATION
XIV. DISPUTE RESOLUTION, LITIGATION EXPENSES
Should any dispute arise between Customer and Company, it would be preferable to work it out amicably, but if that is not possible, then Customer agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Gwinnett County, Georgia. Customer agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law. Customer understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.
Customer understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO CUSTOMER.
XV. ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT
Thriving in Wellness, LLC
1639 Tailmore Lane
Lawrenceville, GA 30043
Customer Signature Date
Company Signature, by Kelly Wilhite Date
Under authority as Owner and Nutrition and Wellness Coach of Thriving in Wellness, LLC