Terms
By clicking the payment button (Enroll Now), entering your credit card information, making a PayPal payment, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Nikki Urness (“Coach”), acting on behalf of NU NUTRITION, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
TERMS.
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the 2020-2021 Group Coaching Program (Finding Food Freedom).
(b) The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s website as part of the Program.
(c) Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
(d) Client agrees to be open, present and prepared to complete the work as a team together. Client is responsible for his/her own success and implementation of objectives met.
(e) Client is aware that Coach does not solve medical issues nor treat disease and is therefore not a replacement for the client's Doctor, Therapist or Physician. If Client is presently under any form of psychiatric care, psychological therapy, specialized medical supervision or under the influence of any form of medication, Client is to inform Coach prior to working together.
(f)The Program includes the following:
12 group sessions, held every once per week, each 1 hours long, via virtual platform (Zoom) office.
Email support with me throughout the program.
A private Facebook group for you to support, connect, & share with myself and the other members of the group throughout the program.
Session will include assigning personal training video modules to do, working towards your own personal transformations hosted on a training platform.
Nikki and group members will support you by helping provide motivation and support to help you achieve your goals.
METHODOLOGY. Client agrees to be open minded to Coach’s coaching methods and partake in methods proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program. Coach may revise methods or parts of the Program based on the needs of the Client.
DISCLAIMER. By participating in this Program, the Client acknowledges that the Coach is not a medical doctor. While Nikki Urness of NU NUTRITION, LLC is a Registered Dietitian and is a medical professional and expert in the field of nutrition, but the information found will not provide Medical Nutrition Therapy and only general nutrition advice. The Client acknowledges that the Coach is not medically qualified, is not a substitute for advice from a qualified doctor, does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on Coach’s advice. Nikki Urness and NU Nutrition, LLC as a company will not be held liable for or responsible for any error or omissions for any damage you may suffer as a result for failing to seek advice from a medical professional familiar with your situation.
By participating in sessions, the Client acknowledges that the information provided during sessions is not intended nor implied to be a substitute for medical advice. The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
PAYMENT AND REFUND POLICY.
(a)Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount, for all 3 months.
(b) Coach does not offer refunds to ensure that clients are fully committed to coaching. If an unforeseen circumstance occurs that causes the client to quit the program, the coach may decide to partially refund at her discretion.
(c) If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
(d) In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls or sessions. If the Client does not commence with payment after 30 days, Coach has the right to terminate agreement.
INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement.
6.RIGHT TO TERMINATE. Coach has the right to terminate the Agreement at any time at her discretion and will provide Client with a refund for any part of the program not completed that otherwise had been paid for in advance.
GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY. By using NU NUTRITION, LLC services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach 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 the Program. Client agrees that use of this Program is at user’s own risk.
VENUE CLAUSE. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, will be settled in Spokane County and Washington Law shall apply.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, regardless of the conflict of laws principles thereof.
CONFIDENTIALITY AGREEMENT: The Coach will keep the Client’s information private, and will not share the Clients information to any third party unless compelled to by law. Client is responsible for maintaining confidentiality within the group which applies to not sharing. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Client is expected to maintain the confidentiality of personal information within the group coaching program to protect and respect other participants within the group coaching program.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Last Updated: October 17, 2020