Welcome to the Gut Vitality Group Coaching Program (“The Program”) and congratulations!!!! This Program is administered by Vitality Detective, (“Gut Vitality”) based in California. During the coming months, you will learn ways to help yourself achieve a healthier diet and lifestyle. We will look for underlying imbalances and correct them so that your body can work in its optimum state. Please read the following. If anything is unclear, please ask.
1. SERVICES PROVIDED
This Agreement is made today between Vitality Detective and the participant in the program (’the Client’)
A. A 12 Week Program with bi-weekly coaching videos and weekly e-mails to guide the Client during the Program;
B. Arrangement of delivery of gut health and hormone lab tests so that the client can self-test and understand how to self-test in the future;
C. Customized balancing protocol (upon full payment of program fees);
D. Support and education via handouts, videos, resources and recipes; and
E. Facebook Office hours & bi-weekly live coaching calls to answer your questions.
We will obtain and review one Laboratory Test result from Parawellness Research, a laboratory located in Aurora, CO. And two lab tests from BioHealth, a California Certified Laboratory. Upon receipt of full payment of the program, receipt of both test results and 2 questionnaires filled out by the Client, we will provide you with a nutritional interpretation of those test results that you can use exclusively as an educational tool for personal health purposes. Additionally, we may provide you with information relating to products that we believe might benefit you. All Services and information provided is intended for educational purposes only and should not be taken as professional medical advice or used as a substitute for medical care.
State specific guidelines: Please pay attention if you live in New York or Maryland.
Biohealth Laboratory (hormone test) is not permitted to receive samples from consumers in the states of New York. If you have an alternate location in a nearby state that you can perform and return the kit than you can still preform this test.
Lab work cost and the purchase of any recommended supplements are not included in the program. In the event you make a mistake collecting saliva or urine specimens etc. or if the lab refuses to accept specimens, a one-time free replacement test kit will be provided to you. Please call before discarding any specimens. Otherwise, once test kits are in your possession they may not be returned and no refunds are allowed for any test kits due to safety, hygiene and accuracy concerns.
In choosing to proceed with lab testing, you are “self-testing” through a direct-to-consumer program. There are many of these on the internet such as www.TSTD.org and www.pomlabtest.com and others. The labs that we recommend are made available through a “Direct-to-Consumer” lab program. That program is solely a product or service of the lab company involved, such as Diagnostic Solutions Laboratory and BioHealth Diagnostics. We are not “ordering” lab work such as you physician would.
If you live outside of the U.S. – Lab Work and Supplement Information
Even though we would love to work with Clients all over the world, we have had trouble in the past with lab work and supplements when working with Clients outside of the U.S. The Client is welcome to join the program but must understand that the lab work and supplement part of the program might not be available to them. It is up to the Client to find out if they are permitted to receive test kits from Biohealth Laboratory and Diagnostic Solutions Laboratory in their country. Please be aware that although the labs might offer kits to your country you still may have a problem with the kit being retained at customs. In this case the lost cost of shipping or the lab fee is the responsibility of the Client. The Client is also responsible for finding an alternate location for purchasing the recommended supplements if the recommended protocol cannot be purchased or shipped to your location.
The Program will begin on the date that this contract is signed and continue for 90 days as of that date.
3. PAYMENTS AND REFUNDS
The cost of the Program is $975. Before September 1st, Client may choose monthly payments of $325.00 per month for 3 months (Total $975.00) or Client can save $76.00 by paying upfront one-time payment of $899.00 for the Program. Discounted price and monthly payment options will expire on September 1st. Payment may be made by cash, PayPal or check.
All Supplements and the Lab Work are to be paid by the Client, and are not included in the price of the Program. The costs associated with the Hormone kit is $212.00, the metabolic assessment profile is $155 and the Pathogen test is $297. Cost of supplements will vary per person. Lab results will be sent directly to Vitality Detective for review and analysis.
Refunds will be considered on a case-by-case basis within 30 days of purchase and before the Client receives the customized protocol. Refunds will be considered for Action Takers only, meaning that you watched the videos, participated in the Facebook group and attended the live calls and still did not feel that the program was a good fit.
4. NOT MEDICAL CARE OR TREATMENT
Vitality Detective and its Coaches are not acting in the capacity of a doctor, licensed dietician, psychologist or any other licensed/registered professional. The Gut Vitality Coaching Program will not diagnose, treat, or cure in any manner, any disease, condition, or other physical or mental human ailment. The Services provided per the terms of this agreement and during the duration of the Program are not intended to replace individual relationships with licensed qualified health care professionals and are not intended as medical advice. Healthy Hormones Group Coaching Program encourages you to continue visiting with and being treated by your primary care physician or health care provider. Only a Licensed Medical Professional can diagnosis certain ailments and prescribe treatments and medications for you. Do not ignore or delay seeking medical advice or treatment because of any information obtained from this Program. Consult your own Medical Professional regarding all nutritional supplements to evaluate if the supplements could adversely affect or react with any medications or pre-existing conditions. Stop any food or supplement immediately if you have any type of adverse reaction. If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor.
The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being; including and all decisions made during and after this Program.
5. DISCLAIMER AND LIMITATION OF LIABILITY
The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. Vitality Detective and the Program do not accept liability for any failure to identify any medical condition or disease; during the course of the program or from obtaining and review of Lab Results. Additionally, any information relating to products that we believe might benefit you is not to be taken as an endorsement or recommendation of a specific supplement. You agree that Vitality Detective., its directors, officers, employees or other representatives shall not be liable for damages arising from Clients participation on the Gut Vitality Program. You agree that this limitation of liability is comprehensive and applies to personal injuries and all damages of any kind, including without limitation direct, indirect, incidental, general, special, punitive, compensatory and consequential damages.
The Client understands that the role of the Health Coach is not to prescribe or assess micro and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Coach is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes.
6. EXCULSION OF WARRANTIES
We will provide our services to you with reasonable care and skill. But we make no other warranty, express or implied with respect to the Program. All other warranties are excluded to the maximum extent permitted by law. We make no warranty as to the accuracy of the laboratory test results we receive. We make no warranty, expressed or implied, as to the quality or effectiveness of any diagnosis, apparatus, treatment or product. In no event will we be liable for any physical or mental injury, or any negative side effects, that may arise from the use of any such diagnosis, apparatus, treatment or product. We believe that the information we provide, including that on our web sites, brochures, flyers and information packets, is accurate, but we cannot guarantee such accuracy. We therefore make no warranty as to the accuracy of that information, and it should not be relied upon as being correct, complete or accurate. It is your responsibility to verify such matters.
Client acknowledges that often times when Services are being rendered to Client, Client may disclose personal or confidential information to facilitate the Program. Vitality Detective will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law or with the Client’s express consent. In the event that during group workshops or classes, Client is exposed to what may be deemed personal or confidential information of other Client’s. Client agrees this information will not be disclosed to any third party.
8. AFFILIATE DISCLOSURES
From time to time Vitality Detective may receive compensation from certain affiliates whose products or supplements we recommend or provide links to on our website. Even though Vitality Detective may receive limited compensation for the products or supplements we recommend, such recommendations are based on Vitality Detective honest opinions, findings, beliefs, or experiences with the products or supplements. Any product claim or other representation about a product should be verified with the manufacturer, provider or party in question.
9. ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
In the event that a dispute between Vitality Detective and Client arises with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties they will first attempt to resolve the dispute through informal discussion. If informal discussions are not successful, the parties agree to submit to binding arbitration before the American Arbitration Association. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client. This agreement shall be construed according to the laws of the State of Massachusetts. All actions or proceedings arising in connection with this Agreement shall be determined only in Santa Barbara, California
10. DAMAGE LIMITATION AND LIQUIDATED DAMAGES
The Client agrees that it would be extremely difficult and impractical to determine actual damages to Client, if any; arising from the Service’s performed. Therefore, if Vitality Detective is found liable for any loss or damage under this agreement, Vitality Detective liability shall be solely and completely limited to the total payment(s) made for the Services rendered.
11. INTELLECTUAL PROPERTY RIGHTS
During the course of obtaining Services from Vitality Detective, Client will be exposed to “Proprietary Information.” Proprietary information includes methods, processes, procedures, ‘Know-how’, and any other information not know to the general public which is introduced to Client during the receipt of Services. Client agrees that he or she shall not disclose at any time to third parties Proprietary Information that is obtained during the receipt of Services from Vitality Detective.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
13. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.
If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, the Client acknowledges that: (1) he/she has received a copy of this letter agreement; (2) he/she has had an opportunity to discuss the contents of the Agreement with Vitality Detective and, if desired, to have it reviewed by an attorney; he/she is 18 of years of age or older; and (3) the client understands, accepts and agrees to abide by the terms hereof.