Terms Of Participation
Please READ carefully. This is a legal contract (hereby referred to a Agreement).
By purchasing this program, you (hereby referred to as "Client") agree to the following terms.
Transformation One, LLC, the legal business name for Morella Devost (hereby referred to as "Coach") agrees to provide the "Vibrant Body Program" (hereby referred to as "Program") as identified in the online commerce-shopping cart. Client agrees to abide by all policies and procedures as outline in this agreement as a condition of participation in the Program.
Disclaimer/Limitation of Liability
Client understands that the information provided through the websites and webpages owned and managed by the Coach, including but not limited to www.ThriveWithMorella.com, Thrive With Morella Facebook page, Morella Devost YouTube channel, Thrive With Morella webinars, the Program pages and Zoom conference video-chats, (hereby referred to as "Content"), is delivered for educational purposes and is not a substitute for medical advice, diagnosis or treatment.
Client understands that the Coach is not a medical doctor, licensed psychologist, registered dietitian, or licensed health care professional. Client understands that the Coach makes no claims to any specialized medical treatments or results.
Client understands that every individual is unique and that the opinions expressed in the Content and/or by the Coach may not be appropriate for the Client's personal circumstances. Client retains the use of their discretion to apply the Content for himself/herself.
Client understands that The Content and the Coach's opinions do not replace that of the Client's own health care professionals and are not intended to diagnose or treat any diseases. Client understands that he/she is to utilize the Content in this spirit.
Client understands that he/she has sole responsibility for the decisions the Client makes regarding diet choices, lifestyle choices, and any supplements and herbs the Client chooses to take. The Client understands that it is the Client's responsibility to consult with his/her team of doctors regarding any changes the Client makes, as they are the only ones in the position to assess the suitability of these changes as it relates to the Client's health, as well as any possible interactions with medications the Client's medical team may have prescribed.
The Client agrees they used the Coach's services at their own risk and that the Program is only an education service being provided. Client releases Morella Devost, Thrive with Morella, Transformation One, LLC, its officers, directors, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, Participants, and related entities from any and all claims of adverse effects, suits, costs, demands and damages of whatever nature that could result from the Client's participation in the Program.
The Client is participating in the Program and understands that it includes, but is not limited to:
24 weeks of pre-recorded classes with handouts
Written materials including recipes and writing exercises
A private Facebook group in which the Client can choose to participate. (Client understands that Facebook is a third-party website, and Client releases the Coach of all possible liability for any issues resulting from participation on Facebook, including but not limited to violations of privacy and personal information on the part of Facebook)
Video-chat Question-And-Answer calls facilitated by the Coach, where other Program Participants (hereby referred to as "Participants") will also be present
Other recorded materials such as teleclasses and meditations made available by the Coach
Email exchanges with the Coach
The term of the Program is 6 months from the date of purchase.
At the end of 6 months, Client will cease to have access to calls, Facebook group and online portal.
The Coach reserves the sole discretion to extend the term for the Client.
The total price for this program is $149 per month for six months, for a total of $894, OR a single payment of $594.
First payment is due on the date of purchase. If Client elects to pay in monthly installments, payments will be automatically charged 30 days after each installment.
Client is responsible for promptly providing an alternate form of payment should the Client's chosen payment option (credit card, debit card) fail on any of the recurring payments. Client is responsible for payment until the totality of $894 is paid (if paying monthly) or $594 (if paying in a single installment.)
Method of Payment
Payments are processed solely and directly through the payment system on the online commerce-shopping cart. Thereby the Client is authorizing payment to the Coach for the purposes of enrolling in the Program.
Client is responsible for full payment of fees for the entire Program, regardless of whether client completed the Program and regardless of whether Client has selected a single payment or a monthly payment plan. If Client elects to discontinue their participation in the Program for any reason, Client is still responsible for any and all outstanding balance(s).
Coach has extended a 30-day "money-back guarantee." Said money-back refund expires 30 days from the date of purchase. After 30 days have passed, no refunds will be issued and all scheduled payments must be made on a timely basis.
The Coach respects the Client's privacy and expects that the Client will respect the privacy of the Coach and the other Participants. Thus, this is considered a mutual non-disclosure agreement. Any personal and/or confidential information shared by Participants and/or by the Coach is to be considered Confidential, proprietary, and belongs solely and exclusively to the Participant or Coach who discloses it.
All parties agree to not disclose, reveal or make use of any Confidential information that is shared during oral or written discussions that take place in the context of the Program, whether online, via email, phone, video-chat, or text. All parties agree to keep Confidential Information in the strictest of confidence and shall use best efforts to safeguard Confidential Information and to protect it against disclosure and misuse.
Client understands that the purpose of this expectation is to establish a sense of trust and safety in the sacredness of the group.
Client understands that the Coach may at times collect personal information related to the Client's health and/or personal affairs. Client understands that these disclosures are entirely voluntary. Client understands that the Coach will not share any of this information with third parties without the Client's express authorization, unless legally required to do so by subpoena. Client understands that the nature of the relationship with the Coach is strictly confidential, and no part of the content of this relationship will be disclosed to third parties without the Client's consent.
Client understands that the Coach may use parts of the Client's case, including but not limited to the Client's successes in published articles, and that in all such cases the Client's identity will always be kept hidden by never disclosing my name.
Client understands that he/she may grant permission for the Coach to use his/her name in such testimonials, if the Client is open and willing to share his/her success story for the purposes of inspiring others.
Client understands that all records of the Client's participation in the Program are kept electronically and that no paper records exist of the Coach's exchanges with the Client. All electronic records are kept encrypted on the Coach's computer system and may be destroyed after 5 years following our work together.
In the event that any cause beyond the reasonable control of either Party, including without limitation 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 the Coach to perform its obligations under this Agreement, the Coach's performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
Client agrees that the 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 Coach's services or enrollment in the Program.
Non-Disparagement & Resolution of Disputes
The Parties agree and accept that the only venue for resolving disagreements and disputes shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against the Coach must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, and permitted assigns. Any breach of the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate. This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont, United States of America.