GROUP PROGRAM AGREEMENT (the “Agreement”)

H Pylori Bootcamp Program

 

Program Information

Service Purchased: H Pylori Bootcamp Program (the “Program”).

Investment: $597 or three monthly payments of $199, or three monthly payments of $367 as a VIP Upgrade with 4 private coaching sessions, which covers participation in the H Pylori Bootcamp program (hereinafter referred to as the “Investment”).

 

This Agreement is made effective on the date of purchase between JW Nutrition LLC (hereinafter referred to as the “Coach”) and the enrollee (hereinafter referred to as the “Client”). The Client and the Coach will collectively be referred to herein as the “Parties”. 

 

The Parties hereby agree to the following:

 

1. Program/Service Description

  1. This program consists of seven modules to provide guidance around addressing root causes of upper GI symptoms.

  2. The Client will have the option to pay an additional lab fee to test for H pylori. If that test comes back positive, The Client will receive additional modules to support a protocol to address the H pylori.

  3. This program runs for approximately 8 weeks, and afterward, The Client will have lifetime access to the course material and any future coaching calls that may occur, as long as the Program is being hosted by the Coach.

  4. If the Coach decides to no longer host the Program, the Client will have 60 days notice to download all material included in the Program.

2. Payment

The Client will pay the Investment pursuant to the following terms: one payment of $597 due upon booking or three monthly payments of $199.

The Client may choose a VIP Upgrade to the Program which includes all program material plus four bi-weekly, 30-minute, one-on-one coaching calls with the Coach, to be scheduled after enrollment.

 

3. Refund Policy

The Client is responsible for the full payment or enrolling in a payment plan at the time of enrollment, regardless of whether the Client completes or participates fully in the Program. After 30 days, if the Client is not satisfied with the improvements made by completing the work laid out in the Program, the Client may request and receive a full refund of their Investment. Any supplement or other costs incurred to the Client from participation in the Program cannot be refunded.

 

4. Client Commitments

The Client agrees to the following as part of the Program:

  1. The Client shall judiciously choose the supplements that pertain to his/her own unique health conditions and symptoms, knowing that this is not a one-on-one coaching program, and The Coach may not be able to guide The Client to the best of her ability.

  2. The Client shall commit to implementing the appropriate recommendations as provided by The Coach.

  3. The Client shall understand that results are not guaranteed, but may participants see improvement in symptoms if they put in the work to implement what is recommended.

 

5. Coach Commitments

The Coach agrees to the following as part of the Program:

  1. The Coach shall participate fully and intently in the Implementation and Coaching Calls, and any other part of the program, to the best of her ability.

  2. The Coach will support the Client to the best of her abilities in accordance with Section I of this Agreement.

  3. The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client. The Coach will not divulge that the Parties are in a coaching relationship without your express permission.

 

6. Term

The Program is approximately 8 weeks long (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon. 

The Client may also choose to invest in additional support from The Coach during or after the 8-week program. This additional one-on-one coaching may be purchased directly from the course platform. 

 

7. Disclaimer

The Client understands that the Coach is a Certified Functional Diagnostic Nutrition Practitioner.

 

The Coach is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with his/her physician before implementing changes or habits suggested by the Coach. The Client confirms that s/he has or will discuss any and all changes to his/her diet, exercise regimen, supplements, medications, or lifestyle with his/her physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to his/her lifestyle.  The Client understands that the Coach is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist]. 

 

Further, the Coach has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her life.

 

The Client also understands that The Coach does not know The Client's unique health history and medical conditions. Therefore it is The Client's full responsibility to judiciously choose supplements, dietary changes, and lifestyle practices. It is recommended that The Client consult with their care team before making any changes to supplements, diet, or lifestyle.

 

8. CONFIDENTIALITY                           

The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). 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 shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.    

                         

Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.

 

9. NON-DISCLOSURE OF COMPANY MATERIALS             

Material given to the Client in the course of the Program is proprietary, copyrighted and developed specifically for and by the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.

                    

The Company’s Program is copyrighted and the original materials that have been provided to the Client are for the Client's individual use only and are granted as a single-user license. The Client is not authorized to re-sell, share, or use for profit any of the Company’s intellectual property. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted nor implied.

                            

Further, by signing below, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’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.    

                                     

10. INDEMNIFICATION

Client agrees to indemnify and hold harmless the Company, its affiliates, officers, directors,  agents, employees, representatives, successors, independent contractors, and assigns from all direct and third party claims, demands, losses, causes of action, damages, lawsuits, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Company. 

 

11. ARBITRATION

Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Georgia. The arbitration hearing shall be held in the state of Georgia. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Company.

 

12. APPLICABLE LAW

The Agreement shall be governed by the laws of the state of Georgia. 

 

13. ENTIRE AGREEMENT; AMENDMENT; HEADINGS              

The Agreement constitutes the entire agreement between the Parties with respect to their relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth by writing, specifying such waiver, consent, or amendment, signed by both parties. 

 

The headings of Sections in the Agreement are provided for convenience only and shall not affect its construction or interpretation.

 

14. COUNTERPARTS

The Agreement may be executed in one or more counterparts (including by means of mail or electronic mail/e-mail via PDF), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.

        

15. SEVERABILITY

The provisions of the Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of the Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged. 

 

16. WAIVER

The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed a waiver of any further right pursuant to the Agreement.

 

17. NO ASSIGNMENT

The Agreement may not be assigned by either of the Parties without the express, written consent in advance of the other Party.

 

18. FORCE MAJEURE

In the event that any cause beyond the reasonable control of either of the Parties, including, but not limited to: acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

 

19. NO GUARANTEES, WARRANTIES OR REPRESENTATIONS

The Client understands and agrees that the Client is 100% entirely responsible for his/her progress and results experienced from the Program. The Company will help guide and support the Client, but the Client’s participation in, and dedication to, the Program is one of many vital elements to the Program’s success. 

 

The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Client’s performance, results, income, revenue, or success. The Client understands that due to the nature of the Program, the results experienced by each Client may vary. The Company does not make any guarantees other than that the Services offered in the Program shall be provided to the Client in accordance with the terms of the Agreement. 

 

BY PURCHASING THIS PROGRAM, I HEREBY CERTIFY THAT I, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE.