Terms of Purchase

By clicking "Buy Now," "Purchase," or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, whether electronically, verbally, or through any other means, you ("Client") agree to receive coaching services, programs, and/or product recommendations provided by the "Coach", acting on behalf of Run Your Health LLC ("Company"). By taking these actions, you are entering into a legally binding agreement with the Company, and your participation is subject to the terms and conditions outlined below:

1. TERMS.
1. Coaching Services: During the term of this Agreement, the Coach agrees to provide consultations in accordance with the specific services detailed in the Private Coaching Package, as outlined in Attachment A.
2. Nature of Coaching: The services provided by the Coach to the Client consist of health coaching - namely; lifestyle, nutrition, and other forms of health & wellness coaching - which is designed collaboratively with the Client. It's important to note that health coaching is not intended as medical advice, therapy, or counseling. It may address specific personal projects, business matters, or general conditions in the Client's life, health, or profession.
3. Medical Issues: The Client acknowledges that the Coach does not address medical issues or treat diseases and, as such, is not a substitute for the Client's therapist or physician. If the Client is currently under psychiatric care or specialized medical supervision, they must inform the Coach before commencing the coaching relationship.
4. Private Coaching Package: The Coach and Client mutually agree upon the Private Coaching Package, which includes consultation, preparation, and any necessary follow-up work. Dates and locations for sessions are chosen collaboratively and adhered to upon signing this agreement.
   
5. Session Rescheduling: The Client agrees to provide at least 24 hours notice when canceling or rescheduling a session. Failure to reschedule within this timeframe will result in forfeiture of the session.
6. No Guarantees: The Client acknowledges that the Coach does not provide any guarantees regarding the outcomes of health coaching or the Package.
7. Laboratory Tests: The Coach may request a set of laboratory test results from a Certified Laboratory in the United States or another laboratory as discussed with the Client. The Coach will then provide the Client with a nutritional interpretation of these test results, which the Client can exclusively use for educational purposes related to their health, behavior, and lifestyle. 
8. Physician’s Role: The Client's personal physician may employ similar test results for the diagnosis and treatment of diseases, which the Coach does not perform. The information provided by the Coach is not intended to, cannot, and should not be considered a replacement for a personal consultation with the Client's qualified physician.
9. No Liability for Medical Conditions: The Coach does not assume any liability for failing to identify any medical condition or disease.
10. Product Information: The Coach may offer the Client information about products that the Coach believes might be beneficial. However, this information should not be construed as an endorsement or recommendation. Some of these products may require a prescription, but the Coach does not prescribe or dispense prescription products.
11. Disclaimer of Adverse Effects: The Coach is not accountable for any adverse effects or consequences that may arise, whether directly or indirectly, from the information provided. 

 

1. METHODOLOGY.  The Coach will utilize various methodologies, which may include coaching and mentorship. The Client agrees to maintain an open-minded approach and actively participate in the methods suggested. The Client acknowledges that the Coach does not provide any guarantees regarding the specific outcomes of the sessions or the package. The Coach may make revisions to methods or components of the Program based on the unique needs of the Client. The Client understands that adaptability may be necessary for the Program's effectiveness. 

1. PAYMENT AND REFUND POLICY. 
1. Payment Initiation: Payment shall be initiated electronically by the Client via RunYourHealth.com.
2. Plan Selection: The Client will select their coaching plan type and payment plan.
3. Commitment and Billing Cycle: The Client will choose their term of commitment and preferred billing cycle/frequency.
4. Initial Payment: The Client will initiate the first billing cycle's transaction by completing the first payment on the website. Payments are accepted via credit card or other electronic means approved by the website.
5. Minimum 3-Month Commitment: When making the initial payment, the Client acknowledges that the selected coaching plan has a minimum 3-month commitment.
6. Automatic Billing: The Client's credit card will be automatically charged monthly as part of a subscription. This automatic renewal will occur every billing cycle until canceled.
7. Payment Decline: In the event of a declined credit card or payment method, the Coach will notify the Client to update payment information or make manual payment. No coaching sessions will be scheduled until payment is received.
8. Late Payment: If the payment due is not received within ten (10) days of the billing cycle's due date, the Client forfeits any remaining coaching sessions.
9. Cancellation: The Client may cancel the subscription at any time after the initial 3-month commitment, provided they give at least 15 days' notice to the Coach prior to the start of a new billing period.
10. Refunds: In order to ensure the Client's commitment to this Package, no refunds will be issued. If the Client decides not to continue with this Package at any time, the full payment for the agreed-upon term will still be due. Subscriptions and services are non-transferable and non-refundable. The Client is responsible for the full subscription fee in the billing cycle for which they cancel. In the event that the Client does not make payments, the Coach reserves the right to pursue legal action.

1. DISCLAIMERS AND WAIVER OF LIABILITY. By participating in health coaching services, the Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, or registered dietitian, nor is she acting in her capacity as such. The services provided are not intended to replace the care of other professionals. Health coaching should not be construed or substituted for psychological counseling, therapy, or any other type of professional advice.
   
   The Coach may offer information regarding products that she believes could benefit the Client, but this information should not be interpreted as an endorsement. The Coach may also provide dietary and lifestyle suggestions, but it is entirely the Client's responsibility and choice to implement these changes. The Coach is not liable for any adverse effects or consequences that may result, directly or indirectly, from the information or coaching provided.
   
   The use of the Program is at the Client's own risk. Any use of videos involving physical activity is at the Client's discretion, and the Coach shall not be held liable for any injuries that may arise from using such videos.
   
   The Coach may provide the Client with third-party recommendations for services such as health, physical therapy, lifestyle, or related services. The Client acknowledges that these are only recommendations, and the Coach shall not be held responsible for the services provided by any third-party to the Client. The Coach is not liable for any adverse effects or consequences that may result, directly or indirectly, from any information or services provided by a third-party.

Any testimonials or examples presented through the Coach's website, programs, and services are merely illustrative of what may be possible for the Client. There is no guarantee or assurance of any specific outcome resulting from the use of the Coach's website, programs, products, or services. The Client acknowledges that the Coach has not made any representations regarding the future results that may be obtained as a consequence of using the Coach's website, programs, products, or services.

The Client is participating in online and/or in-person coaching, classes, or services that involve receiving information and instruction about physical activity, running, strength training, yoga, or similar activities. The Client acknowledges that such activities may require physical exertion, which can be strenuous and carry the risk of physical injury. The Client is fully aware of the potential risks and hazards involved. The Client also recognizes the responsibility to consult with a physician before participating in any physical fitness program. The Client affirms that they have no medical condition that would prevent their involvement in physical fitness activities.

The Client agrees to assume full responsibility for any known or unknown risks, injuries, or damages that they might incur as a result of participating in online and/or in-person coaching, classes, or services. This includes any personal touch provided by the instructor and/or trainer. The Client knowingly, voluntarily, and expressly waives any claims against the Company or the instructor for any injuries or damages they may sustain due to participation in coaching or classes.

1. CONFIDENTIALITY. This Agreement serves as a mutual non-disclosure agreement. Both Parties commit to refraining from disclosing, divulging, exploiting, or making use of any information acquired by either party during discussions, coaching sessions, or through other means. The Client acknowledges that the Coach may share confidential information or coaching sessions with Run Your Health, its contractors, or other representatives and coaches solely for the purpose of fulfilling the obligations outlined in this Agreement. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement. It does not include information that has been lawfully obtained from a third party.

Both Parties pledge to maintain the strict confidentiality of all Confidential Information using a reasonable standard of care, which shall not be less than the level of care they employ to safeguard their own confidential information. The obligations to preserve the confidentiality of information do not extend to data subsequently obtained by either Party from a third party with a bona fide right to disseminate such information without restriction.

Both Parties agree that any and all Confidential Information acquired as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.

1. INTELLECTUAL PROPERTY RIGHTS.  Regarding the documents created specifically for the Client as part of this Agreement, the Company retains all copyright, intellectual property rights, and any other data or material used or subsisting in the Material, whether completed or in progress. The Client is granted a single license for personal use of any content provided by the Coach. This Agreement does not transfer ownership of or rights to any intellectual property owned by the Company or Coach to the Client, nor does it grant any rights or licenses beyond those explicitly stated in this Agreement. For the purposes of this Clause, "Material" refers to the materials, in any form, used by the Coach to provide the Services and the products, systems, programs, or processes created by the Coach pursuant to this Agreement.

1. USE OF CLIENT CONTENT: The Client acknowledges and grants permission for the Coach and the Company to use client-provided content, which may include but is not limited to images, photos, videos, audio, and written materials, for testimonial and promotional purposes related to coaching services on the Company's website, social media, and marketing materials. The Client retains all rights to their content, and the Coach and the Company agree not to use them in any manner inconsistent with the Client's preferences. Should the Client wish to revoke this permission or make any changes regarding the use of their content, they may do so by providing written notice to the Coach and the Company. Your privacy and preferences regarding content usage are of utmost importance, and we respect your choices in this matter.
   
   
2. RECORDING AND REDISTRIBUTION OF CALLS: The Client acknowledges that calls, including group coaching sessions and group calls for coaching services, may be recorded for the purpose of fulfilling this Agreement. The Client also acknowledges that these recordings may be redistributed or resold at a later date as part of a separate package offered by the Coach. Your preferences regarding the redistribution of these recordings are respected.
   
   
3. RELEASE. The Company or Coach may take photographs, videos, or audio recordings during the term of this Agreement related to coaching services, which the Company may use for future commercial or non-commercial purposes. By participating in coaching, the Client consents to being recorded and photographed, granting the Company the right to use their likeness, written content, and voice in any media indefinitely at the Company's discretion.

The Client also agrees that the Company may use any written statements, images, audio recordings, or video recordings created by the Client during their enrollment in coaching services. This includes content shared on social media accounts and online forums, as well as any statements, images, recordings, or other materials reflecting the Client's participation in coaching services.

The Client waives any right to payment, royalties, or any other consideration for the Company’s use of such written statements, images, audio recordings, and video recordings. The Client also waives the right to inspect or approve the finished product used by the Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which the Client, their heirs, representatives, executors, administrators, or any other persons acting on the Client’s behalf or on behalf of the Client's estates have or may have by reason of this authorization. Your preferences regarding the use of your content are a top priority and will be respected.

 

1. DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Coach under this Agreement are offered on an "as-is" basis, without any express, implied, or statutory warranties, including but not limited to warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose. The Coach does not make any representations or guarantees regarding the outcome or results of the Services provided.
   
   
2. INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other party, its current and former employees, or agents, from and against any claims, including third-party claims, demands, losses, damages, liabilities, or expenses (including attorney's fees) arising from:
1. The negligence, recklessness, or willful misconduct of the indemnifying party or any party under the direction or control of the indemnifying party.
2. A material breach of this Agreement by the indemnifying party.
3. Any damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party or its clients.
   
   
3. NON-DISPARAGEMENT. The Parties agree that any dispute shall be resolved as set forth in this Agreement. The Parties also agree not to engage in any conduct or communications with a third party, whether in the public or private sphere, with the intent to disparage the other party.
   
   Neither the Client nor any of the Client's associates, employees, or affiliates will, directly or indirectly, make, express, transmit, speak, write, verbalize, or otherwise communicate in any manner (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, or other statement that might reasonably be construed as derogatory or critical of, or negative toward, the Coach, its programs, affiliates, subsidiaries, employees, agents, or representatives.

1. WAIVER OF LIABILITY. By utilizing the services provided by Run Your Health, the Client acknowledges and assumes all potential risks, whether they are foreseeable or not, associated with their participation. The Client understands and agrees that the Coach will not be responsible for any form of damages, included but not limited to, direct, indirect, incidental, special, negligent, consequential, or exemplary damages resulting from the utilization or misapplication of the Program. The Client further acknowledges that their participation is entirely at their own risk.
   
   
2. DISCLAIMER OF WARRANTIES.  The Services provided to the Client by the Coach under this Agreement are offered on an "as-is" basis, without any express, implied, or statutory warranties, including but not limited to warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose. The Coach does not make any representations or guarantees regarding the outcome or results of the Services provided.
   
   
3. 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.

1. DISPUTE RESOLUTION. If a dispute arises that cannot be resolved through good-faith negotiation between the parties, the matter shall be submitted to the American Arbitration Association. The arbitration process shall commence within ninety (90) days from the date when the initial arbitration demand is made and shall occur in Madison, Wisconsin, or via telephone. The Parties shall cooperate in the exchange and expedited discovery process during arbitration, ensuring that the entire process is completed within the stipulated ninety (90) day period. The written decision of the arbitrators, which will provide for the payment of costs, including attorneys' fees, shall be fully binding and conclusive, not subject to judicial review, and enforceable in any court with proper jurisdiction, either a judgment of law or decree in equity, as circumstances may dictate.

1. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, in the United States of America, regardless of any conflict of laws principles thereof. In the event that an arbitrator or a court of competent jurisdiction deems any term, provision, covenant, or condition of this Agreement as invalid, void, or unenforceable, the remainder of the Agreement shall remain in full force and effect, and such invalidation shall not adversely affect, impair, or invalidate the Agreement in any way.

1. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.