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Terms of Use: Health Habit Blueprint VIP Intensive

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the Health Habit Blueprint VIP Intensive outlined below (hereinafter “Client”) agree and willingly purchase entry into this intensive to be provided with services rendered by Basic on Purpose Wellness, A California Limited Liability Company (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, inclusive of the following terms and conditions mutually agreed upon: 

For good and valuable consideration of ($497) Client has agreed to purchase the Health Habit Blueprint VIP Intensive (hereinafter “Intensive”). In exchange, Coach agrees to provide the services outlined in the Intensive Details below, and Intensive Outline Addendum attached hereto. 

  1. Intensive Outline:
    1. Client agrees and understands that he/she is purchasing up to 8 hours of time devoted to tasks to be determined by Client and agreed upon by Coach, as well as 1 hour for a pre-intensive strategy call, 1 hour for post-intensive “Coaching” support, and 15 days of post-intensive email and messaging support. Work will be performed at the offices of Coach, but occasionally may take place at other locations, as required. Work priority and scheduling will be at the discretion of Client. Work will normally occur between the hours of 7a – 3p PT on weekdays.
    2. Client acknowledges that he/she has read the Intensive Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Health Habit Blueprint VIP Intensive as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.  
    3. Intensive is not to be considered a substitute for medical advice, treatment, counseling, or any other form of diagnoses. While Coach is a DSWI certified Health Coach, as well as an AFPA certified Holistic Nutritionist, Coach is not able to nor will she provide any sort of medical diagnoses, treatments, medications, or other services that are completed by a medical professional. The Intensive is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of medical treatment or a diagnosis to relieve a current condition, Intensive is not right for you. By completing this Agreement, you confirm you are not looking for medical treatment, understand the difference between coaching and treatment, and do not expect Coach to provide any services other than that outlined below in the Intensive Outline Addendum. 
  1. Confidentiality
    1. Client understands one of the primary elements in engaging in a coaching relationship with Coach is his/her ability to provide Client with personal guidance, teachings, materials, and exercises that make up the Intensive. Following Client’s participation in this intensive, Client will have gained access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, wellness lifestyle advice, and/or other information that may have become available for use through Client’s participation in the Intensive. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Coach’s Intensive.  Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Intensive, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client during coaching sessions, discussions, or otherwise. 
    2. In addition, Coach understands he/she will likely obtain confidential information about Client and his/her business throughout the course of the Intensive, and hereby agrees not to use, share, or otherwise reveal this information about Client, without Client’s express written consent. 
    3. Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Intensive, Client understands additional action may be taken by Coach up to and including legal action. 
  1. Testimonials 
    1. Coach may request Client provide a testimonial to be published on Coach’s website, or on various sales materials for this or another Intensive created by Coach. Client understands that he or she is not required to give any testimony and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial. 
    2. If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial. 
  1. Payment and Payment Plans
    1. Client understands the cost of the intensive is four hundred ninety-seven US dollars ($497) USD, which is payable up front, in full, unless a payment plan has been offered by Coach, or otherwise arranged between Coach and Client. Client agrees to render payment via ApplePay, Google Pay, Paypal, or Credit Card. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Coach’s website or a designated third-party payment processor of Coach’s choosing, in full. Absent an agreement regarding a payment plan with Coach, Client must complete payment in full before becoming entitled to any products or services included within Intensive. 
    2. If Coach has offered a payment plan, Client agrees to abide by the rules and payments as explained on Coach’s sales page. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the remainder of the intensive may be forfeited if payment is not made within four days of the date it is due, and (2) Client will owe a $125 late fee if he/she has not made the appropriate payment after the 7 day grace period. 
    3. Coach reserves the right to cancel or cease working with Client should he/she fail to make additional payments in accordance with the payment plan as agreed upon at the beginning of the Intensive. Should this occur, Client understands he/she is not entitled to a refund of funds already issued to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Intensive up until payments were missed.
    4. If Client and Coach have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Coach’s sales page. 
  1. Refund Policy
    1. Due to the subjective nature of the Intensive provided by Coach, and Coach’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Intensive, Coach is not able to offer refunds once Client has purchased the Intensive. If Coach is somehow unable to devote 8 hours to Client tasks, regardless of Client results, Coach or his/her team will be in touch regarding rescheduling, and/or discussing an alternative form of services, in order to fulfill obligations. If Coach is not able to reschedule, and no suitable alternative form of service is available, Client may be entitled to a partial refund, depending on the amount of work Coach and Client were able to complete. If partial services were performed, Coach and Client may come to an agreement whereby a partial refund is issued, at Coach’s discretion.  
    2. Client further agrees and understands that changing his/her mind about the Intensive, failing to follow through or understand the details of the Intensive, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle him/her to a refund.
  1. Medical Disclaimer – Not Medical or Professional Advice 
    1. The purpose and goal of Intensive is to provide Client with a personalized strategy, tools, and tactics that make it easier for Client to build health promoting habits on their own and on a more consistent basis. Intensive and content contained within the Intensive is not to be considered medical advice, and nothing within the Intensive is intended to provide or act as a substitute for mental health treatment. 
    2. Client understands and agrees that Coach is a DSWI certified Health Coach and AFPA certified Holistic Nutritionist ; however Intensive offers coaching services in the field of Health & Wellness information only. There are no treatment or medical-based elements to Intensive, and it is not meant for those who are in need of (or think they may be in need of) medical services. Coach is not attempting nor suggesting Client enroll in Intensive in place of a personalized consultation with a medical professional in Client’s geographical area. 
    3. Coach encourages Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Intensive will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the coaching Intensive offered is right for them. Nothing contained within Intensive is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
  1. Voluntary Participation
    1. Client understands and agrees that he/she is voluntarily choosing to enroll in Intensive and is solely responsible for any outcomes or results. While Coach believes in her services and that Intensive is able to help many people, Client acknowledges and agrees that Basic on Purpose Wellness, LLC is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Intensive and any results therein. 
  1. Disclaimer /No Guarantees
    1. Client understands Coach cannot guarantee results of the Intensive and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Intensive harmless if he/she does not experience the desired results. 
    2. Client understands that all services provided by Coach in connection with the Intensive being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Intensive and work with Coach on a purely voluntary basis and does not hold Coach or Intensive responsible should Client become dissatisfied with any portion of the Intensive. 
    3. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Intensive, as long as Coach delivers the Intensive as described in the Intensive Outline Addendum below, or similar substitutes, upon additional agreement by Coach and Client.
    4. Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, licensed therapist, or otherwise, and agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the intensive. The content provided by Coach on his/her Website and within the intensive is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Intensive, and has no expectation of a specific result that he or she holds Coach responsible for. 
  1. Waiver/Assumption of the Risk 
    1. Client understands he/she is entering into a intensive for the purpose of achieving a desired health and/or fitness goal through Coach’s intensive. Client confirms he/she is entering into this intensive voluntarily and of his/her own free will. 
    2. Client certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related intensive with Coach. If Client elects not to obtain this medical clearance prior to beginning intensive, he/she understands the potential injuries and ramifications of such actions, and agrees not to hold Coach responsible for any such injuries or negative consequences. 
    3. Client understands intensive may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Client agrees he/she is aware of and assuming these risks in order to voluntarily proceed with Coach’s intensive. Should any such incidents occur, Client understands it is of no fault or responsibility of Coach, and agrees Coach is not liable.
  1. Intellectual Property 
    1. Client agrees and understands that Coach has created numerous original, creative works in connection with the intensive, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the intensive, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees he/she may be granted a limited right to use selected materials in the course of his/her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the intensive. 
    2. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the intensive, she/he is gaining access to view all content and information available as part of the intensive, as well as any additional information or content shared with him/her by Coach as it sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not: 
      1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through intensive without written permission by Coach;
      2. Post, distribute, copy, steal or otherwise use any portion of the intensive or its content, or information obtained via other members in the group intensive without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
      3. Claim any content created by Coach as part of the intensive or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own. 
      4. Share purchased materials, information, content with others who have not purchased them.
      5. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
  1. Indemnification
    1. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of intensive, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in intensive. Should Coach be required to defend itself in any action directly or indirectly involving Client, or an action where it decides Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
  1. Dispute Resolution 
  1. Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he/she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.) 
  2. If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in San Diego, CA within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree. 
  1. Applicable Law
    1. This Agreement shall be governed by and under control of the laws of California regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here. 
  1. Amendments
    1. This agreement may be altered, amended, changed, or updated based upon intensive updates and/or updates to relevant laws. Any material update or change in intensive while Client is enrolled will cause Coach to email Client with a summary of all changes and request for confirmation of agreement thereto. 

INTENSIVE OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing the HEALTH HABIT BLUEPRINT VIP INTENSIVE] Once the intensive is purchased and all Agreements are signed, the Intensive to continue for a period of ONE (1) DAY. The work is to begin [START DATE] and run through approximately [END DATE]. During this time, Coach will provide the following products and/or services:

  1. 1 hour for a pre-intensive strategy call
  2. up to 8 hours devoted to tasks to be determined by Client and agreed upon by Coach
  3. 1 hour for post-intensive “fix” support
  4. 15 days of post-intensive email and messaging support
  5. Client Dashboard
  • Personalized Dashboard: Intensive will include one (1) personalized dashboard (excluding any bonus or temporary materials), to be made available upon completion of Intensive, via Third Party Site. This dashboard is intended to release proprietary information, tools, checklists, templates, and other materials created by Coach for personal benefit of Client. Client agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information and templates provided to him/her as a result of his/her participation in the Intensive. 
  • Pre and Post Intensive Calls: Client understands he/she is entitled to two (2) one-hour private calls with Coach prior to Intensive and upon completion of Intensive. Client understands all calls will be at pre-determined times and may be recorded for Coach to review during Intensive and may be made available to Client upon request. Should Client fail to attend one or all live calls, Client confirms he/she is not entitled to any kind of makeup call or service from Coach, nor is he/she entitled to any partial refund.
  • 15 days of post-intensive support: During the 15 days following completion of Intensive the Client will be able to email or message Coach with any questions or concerns about the work that was performed during the Intensive, and will receive a reply via email, message or video tutorials.  This support does not cover additional strategy or coaching work that exceeds what was done during the Intensive.  If the Client has additional work that needs to be performed, Client will have the option to book another day or a half-day Intensive. 
  • Facebook Group Access: Client may also be granted access to a private group on social media organized by Coach as part of the individual coaching package. If granted access, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments.
    • Should Client choose to post anything in this Facebook group, Client is agreeing and acknowledging he/she will not post anything that could harm Coach or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. Client understands that if he/she makes the decision to post content that constitutes cyber bulling, Client’s comments will be removed immediately, and Coach reserves its right to take action against Client to the full extent of applicable laws. 

END OF DOCUMENT