TERMS OF SERVICE
Please read the following terms carefully. By purchasing the 8 Weeks to a Healthier You course, you (herein referred to as “RECIPIENT”) agree to the following terms.
PROGRAM/SERVICE
Food Heaven Made Easy, LLC, (herein referred to as “Food Heaven” or “COMPANY”) agrees to provide access to the “8 Weeks to a Healthier You” program(herein referred to as “PROGRAM”) identified in online commerce shopping cart. RECIPIENT agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation 8 Weeks to a Healthier if You.
DISCLAIMER
RECIPIENT understands COMPANY is not an employee, agent, lawyer, manager, public relations or business manager, registered dietitian, financial analyst, or accountant. RECIPIENTunderstands their participation in this program does not in any way guarantee future employment.
RECIPIENT understands that COMPANY has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for RECIPIENT; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling, nutrition counseling, or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for RECIPIENT; (6) introduce RECIPIENT to COMPANY’S full network of contacts, media partners or business partners. RECIPIENT understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
CLIENT RESPONSIBILITY
Programs are developed for strictly educational purposes ONLY. RECIPIENT accepts and agrees that RECIPIENT is 100% responsible for their progress and results from the PROGRAMS. COMPANY makes no representations, warranties or guarantees verbally or in writing. RECIPIENT understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. RECIPIENT Information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. COMPANY assumes no responsibility for errors or omissions that may appear in any program materials.
RESULTS DISCLAIMER
We make every effort to represent our course accurately. There is no guarantee that you will lose weight from this course or that this course will improve your help. Results are 100% dependent genetics, health status, and on the time you devote to the program and the work you put in to cultivate sustainable lifestyle and behavior change.
MISCELLANEOUS
LIMITATION OF LIABILITY. RECIPIENT agrees they used COMPANY’S services at their own risk and that PROGRAM is only an educational service being provided. RECIPIENT releases COMPANY, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the PROGRAMS are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. RECIPIENT accepts any and all risks, foreseeable or unforeseeable. RECIPIENT agrees that COMPANY will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of COMPANY’S services or enrolLment in the PROGRAM. COMPANY assumes no responsibility for errors or omissions that may appear in any of the program materials.
FEES
RECIPIENT agrees to purchase 8 weeks to a Healthier you course for either One payment of $499 or 3 monthly payments of $175. If you select the 3 monthly payments, you will pay the first installment today, and $175 each month for an additional 2 months from the date of purchase, for a total payment of $525. If you choose to pick this option, you are responsible for all 3 payments unless a refund is requested according to the terms further outlined below. Please note that if you choose the 3 payment option, Food Heaven retains the right to suspend access to any program if payments are not made as they are due. Further, if at any time if there is a past due payment, access to the program will be temporarily restricted until the account is in current financial standing. Each monthly invoice only indicates the payment and balance due for the current month listed on that individual invoice, and does not reflect the ongoing or remaining balance for the account. Should you have any account questions you can email [email protected]
METHODS OF PAYMENT
If RECIPIENT elects to pay by monthly installments, RECIPIENT authorizes COMPANY to charge RECIPIENT’S credit card or debit card. If Client elects to pay in FULL, RECIPIENT may pay by credit card, debit card, or PayPal.
NO TRANSFER OF INTELLECTUAL PROPERTY RIGHTS IMPLIED.
RECIPIENT agrees not to transfer any intellectual property rights in such Products contained therein, including but not limited to any rights under any patent, trademark, copyright, or trade secret other than as set forth in this course. Except for the express written consent of COMPANY, RECIPIENT agrees: 1. Not to use or disclose to another person or entity any confidential information of COMPANY OR 8 Weeks to a Healthier You; 2. Not to make, or cause to be made, any copies, facsimiles or other reproductions including data files of any documents containing confidential information of COMPANY OR 8 Weeks to a Healthier You; and 3. To use all other reasonable means to maintain the secrecy and confidentiality of the confidential information of COMPANY OR 8 Weeks to a Healthier You. B. RECIPIENT further agrees, at the request of COMPANY to refrain from using or disclosing to any other person or entity any confidential information of COMPANY OR 8 Weeks to a Healthier You. Further, by purchasing this product, RECIPIENT agrees that if RECIPIENT violates, or displays any likelihood of violating, any of RECIPIENT’S agreements contained in this paragraph, the COMPANY will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
NON-DISCLOSURE OF EDUCATION MATERIALS
Material given to RECIPIENT in the course of RECIPIENT’S work with the COMPANY is proprietary, copyrighted and developed solely and specifically for COMPANY. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made are for personal use in or in conjunction with this training program only. Original materials that have been provided to RECIPIENT are for RECIPIENT’S individual use only and a single-user license. RECIPIENT agrees that such proprietary material is solely for RECIPIENT’S own personal use. Any disclosure, reproduction and sale by RECIPIENT to a third party is strictly prohibited. Program content may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Food Heaven Made Easy, LLC.
CONFIDENTIALITY
The COMPANY respects RECIPIENT’S privacy and insists that RECIPIENT respects the COMPANY’S and Program Participants (herein referred to as “PARTICIPANTS”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program PARTICIPANTS or any representative of the COMPANY is confidential, Proprietary, and belongs solely and exclusively to the PARTICIPANT who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, or any form of communication. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. RECIPIENT agrees not to violate the COMPANY’S publicity or privacy rights. Furthermore RECIPIENT will NOT reveal any information to a third party obtained in connection with this Agreement or COMPANY’S direct or indirect dealings with RECIPIENT including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, COMPANY will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the COMPANY and/or the other Program PARTICIPANT(S) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither RECIPIENT nor any of RECIPIENT’S associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the COMPANY or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT
RECIPIENT may not assign this Agreement without express written consent of COMPANY.
MODIFICATION
COMPANY may modify terms of this agreement at any time. All modifications shall be posted on the FOOD HEAVEN website and purchasers shall be notified.
TERMINATION
COMPANY is committed to providing all clients in the Programs with a positive Program experience. By purchasing 8 Weeks to a Healthier You, RECIPIENT agrees that the COMPANY may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate CLIENT’S participation in the PROGRAM without refund or forgiveness of monthly payments if RECIPIENT becomes disruptive to COMPANY or Participants, RECIPIENT fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by COMPANY. RECIPIENT will still be liable to pay the total contract amount.
INDEMNIFICATION
RECIPIENT shall defend, indemnify, and hold harmless COMPANY, COMPANY’S officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by COMPANY, or any of its shareholders, trustees, affiliates or successors. RECIPIENT shall defend COMPANY in any legal actions, regulatory actions, or the like arising from or related to this Agreement. RECIPIENT recognizes and agrees that all of the COMPANY’S shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the COMPANY. In consideration of and as part of my payment for the right to participate FOOD HEAVEN PROGRAMS, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge FOOD HEAVEN MADE EASY, LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against COMPANY must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of RECIPIENT, RECIPIENT is responsible for any and all arbitration and attorney fees.
EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: info [at] foodheavenmadeeasy [dot] com. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America.
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in 8 Weeks to a Healthier You Program (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge FOOD HEAVEN MADE EASY, LLC , their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS COURSE, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE OR PREVIOUS MEDICAL CONDITIONS. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS COURSE. I agree to indemnify and hold harmless FOOD HEAVEN MADE EASY, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by any one else acting on my behalf. If FOOD HEAVEN MADE EASY, LLC incurs any of these types of expenses, I agree to reimburse FOOD HEAVEN MADE EASY, LLC. I acknowledge that FOOD HEAVEN MADE EASY, LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of FOOD HEAVEN MADE EASY, LLC. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE FOOD HEAVEN MADE EASY, LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST FOOD HEAVEN MADE EASY, LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of FOOD HEAVEN MADE EASY, LLC, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the RECIPIENT and FOOD HEAVEN MADE EASY, LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
BY PURCHASING THIS SERVICE, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE. IF YOU HAVE ANY QUESTIONS, PLEASE EMAIL [email protected]
