Surviving to Thriving Course & Community

Terms & Conditions

Effective date: February 24, 2022

Terms & Conditions

This Agreement is entered into by and between: Peyton Berg (Loving Health LLC) and (Client) whereby Company agrees to provide an educational resource (known as the Course) and virtual community. In consideration of Client retaining Company to provide educational services, it is agreed as follows:

 

Description of Education from Course: The Course is an educational resource. None of the verbal or written information is to be taken as medical or professional advice. It is designed to facilitate the creation/development of personal health goals and to develop and carry out a strategy/plan for achieving those goals. 

 1. Scope of Services

(a) Access to the Course includes:

  • All modules, lessons, and downloadable resources (not to be copied, shared, or given to others who have not purchased the course)

  • All future updates made to the course

  • If needed, access to additional support might be available for purchase based on availability

 

(b) The Surviving to Thriving Womanhood + Q&A Monthly Call

  • 1, 1-hour group call via Zoom to ask general questions related to information learned in the course or topics brought up within the community platform.

  • Access to relevant templates, resources, and documents

    The Coaching services outlined above are referred to as the “Services” or “Program.”

 

(b) The Services must be utilized during the duration of your Program term.

 

(c) Any additional services provided by Company to the Client may require additional fees to be fully discussed and agreed upon by the parties.

 

(d) 1:1 Sessions. The Company may make available additional 1:1 sessions to the Client for the purchase. These sessions will be billed separately and are governed by this Agreement.

 

2. Client Duties

(a) Compensation. In consideration of the Services provided by Company to the Client as set forth in Section 1 above, the Client agrees to pay the current program fee at the time of joining.

(b) Late Payment Fee. If any fee outlined in this Agreement remains unpaid on the 7th day following its due date, a late fee of ten percent (10%) of the payment due will be assessed; a late fee will be assessed following each subsequent 7-day period. Company reserves the right to restrict your access to the Services or terminate your participation in the Program unless and until all outstanding fees have been paid in full.

(c) Payment Security and Chargebacks. To the extent that Client provides Company with credit/debit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s card(s) or account(s) for any unpaid charges on the dates outlined in this Agreement. Client agrees to not dispute any charges and understands that commitment to purchase any Course means full payment of the Course, even if on a payment plan. 

(d) Tools to be Provided by Client. Client agrees to provide all tools, information, and documentation that may be required by Company to effectively perform said Services.

(e) Client understands that Client’s success in the Course is dependent upon Client’s level of participation in the Services. In order to get the most out of the Course, Client must also work to implement the tools and strategies learned throughout the Course and make considerable efforts toward Client’s own development on Client’s own time during the term of the Course. Client is responsible for requesting support from Company when needed.

 

3. Term

(a) The terms of this Agreement shall be for the duration of the Course.

 

4. Cancellations and Refunds

(a) Client may cancel participation in the Course at any time for any reason by providing written notice to Company. Upon cancellation, access to the Course and Services will be terminated. However, cancellation of participation and/or this Agreement by Client will not extinguish the Client’s obligation to pay the full Course fee as outlined in Section 2(a). Client will remain obligated to pay all remaining unpaid Course fees in full. No refunds.

(b) In the event that Client engages in abusive or unprofessional behavior in the Program, towards representatives of Company or other Course members, Company reserves the right to cancel Client’s membership and terminate access to the Services, without notice. No refund will be provided in the event that this takes place. Client will remain obligated to pay all remaining unpaid program fees in full.

(c) Company may decide to terminate the Client relationship at any time. In the event that Company decides to do so, Company shall release Client from any further financial obligation under the Contract. This does not include the circumstances described in Section 4(b).

(d) Client’s failure to effectively participate in the Course is not grounds for a refund. 

(e) Refund Policy. Due to the nature of the services provided, no refunds can be provided. Client understands that disputing a charge through his or her financial institution is a violation of this Agreement and agrees to not do so. Please refer to Section 2(c) for our payment dispute policy.

 

(g) Force Majeure. Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of Company that materially affects the Services provided in this Agreement, including:

 1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or

2. War, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or

3. Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.

 

In the event that Section 4(g) applies, Company will be permitted to make a reasonable effort to reschedule calls/sessions/etc. as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible due to the circumstances.

 

5. No Guarantees

(a) We cannot guarantee the outcome of the Services and/or participation in the Course. We make no guarantees other than that the Services described in Section 1(a) shall be provided to you in accordance with this Agreement. Client acknowledges that Company cannot guarantee any results of the Services/Course as such outcomes are based on subjective factors (including, but not limited to, Client’s participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. Client not achieving his or her desired results is not grounds for a refund.

(b) From time to time, and upon Client’s request, Company and/or its representatives may provide Client with recommendations or referrals for third-party service providers. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.

(c) Affiliate links. Company may provide Client with affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience. (Any and all affiliated will be disclosed, if any affiliate links are used). 

 

6. Confidentiality

(a) Client Information. Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (“Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified here without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information.

(b) Participant Information. Client agrees to keep confidential any Confidential Information, as defined in paragraph 6(a), shared by fellow participants in the Community (“Participants”). Any Confidential Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Community group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(c) Company Information. Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by Company in the Program. Any Confidential Information shared by Company, its employees or contractors is confidential, proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Community group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(d) Non-Disparagement. Client shall, during and after the participation in the Course, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts a Client’s ability to communicate reviews or performance assessments about Company’s goods or services.

(e) Violations of Confidentiality. Client agrees that if Client violates or displays any likelihood of violating this paragraph 6 the Company and/or the other Course/Community Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

 

7. Independent Contractors 

(a) Independent Contractor Relationship. This Agreement shall not render Company an employee, partner, agent of, or joint venturer with the Client for any purpose. Company is and will remain an independent contractor and service provider in its relationship to the Client. Company is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Company regarding services performed for the Client shall be considered a suggestion only, not an instruction. Company and Client agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Client and Company.

 

8. Ownership of Intellectual Property 

(a) IP Ownership. Client agrees that the Course contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the universe in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own non-commercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property (including any and all content) or that in any way violates Company’s Intellectual Property, without Company’s written consent. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.

(b) No Resale of Services Permitted: Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Course, or access to the Course. This agreement is not transferrable or assignable without the Company’s prior written consent.

(c) Client agrees to not share access to the materials with others. This includes parties that have not purchased access to the Course and Community, or any other third party that Company has not granted access to.

 

 

9. Warranties 

(a) Company’s Warranties. Company represents, warrants, and covenants that, Company has full authority to enter into this Agreement and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

(b) Client’s Warranties. Client represents, warrants, and covenants that Client has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties, whether performance is due now or during the Term.

(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.

 

11. Limitation of Liability 

(a) In no event shall Company have any liability to Client for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and

(b) In no event shall Company’s liability to Client exceed the fees paid by Client under these terms, whether in contract, tort, or under any other theory of liability.

(c) The limitations in this section 11 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under paragraphs 7 and 8.

(d) Client understands that the information presented in the Program is not legal, financial, therapeutic, or medical advice and Company is not a law firm. All of the information provided throughout the Program and Services including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional.

 

11. Entire Agreement; Modification

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.

 

No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.

 

12. Neutral Construction 

This Agreement was prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because they were prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.

 

13. Changed Terms 

Parties may amend this Agreement only by mutual Agreement and in writing, signed and agreed to by both parties.

 

14. Assignment 

This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement.

 

15. Notices 

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

 

Company Name: Loving Health LLC

Company Address: 

1059 N Justin Place

Meridian, ID 83646

Company Email: [email protected]

 

16. Governing Law; Venue; Mediation 

This Agreement shall be construed in accordance with, and governed by, the laws of the state of Idaho as applied to contracts that are executed and performed entirely in Idaho. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs of mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

 

17. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

18. Severability 

Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.