Small Group Coaching participant agreement

Please READ Carefully

By purchasing SIBO Navigator you (herein referred to as “Client”) agree to the following terms stated herein.

Chronic Condition Rescue, LLC (herein referred to as “Company”) agrees to provide services of SIBO Navigator (herein referred to as “Coaching”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the coaching.

DISCLAIMER

Client understands Shivan Sarna (herein referred to as “Host” or “Shivan”), is not an employee, agent, lawyer, doctor, manager, therapist, business manager, registered dietitian, or financial analyst, psychotherapist, psychologist, nutritionist, accountant or other licensed professional.

Client understands Dr. Allison Siebecker (herein referred to as “Presenter”) may not diagnose or treat your condition without seeing you in person first. Specifically, she cannot order tests or prescriptions for you, diagnose you with SIBO or be your doctor.  Client’s primary care physician and other doctors should always be regarded as a primary source of information about diagnosis, treatment, prescription drugs, and medical conditions. The information Dr. Siebecker discusses is not medical advice, and should not be treated as such. The information provided is for informational, educational and entertainment purposes only. The information discussed is in no way intended to supplant the information provided by one’s doctor(s). Client understands that no portion of any consultation is to be interpreted as diagnosis or treatment of anyone for anything.

Client understands this coaching will not prescribe or assess micro-and macro nutrient levels; provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Client understands if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.

If the Client is under the care of a healthcare 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. Client understands that the information in this coaching is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals.

Client understands that a relationship does not exist between the parties after the conclusion of the coaching. If the Parties continue their relationship, a separate agreement will be entered into.

Client understands the coaching instructors are not providing medical recommendations, medications, medical advice, and the information provided by the coach is not intended as such. Client should refer all medical, nutritional, and diagnostic related inquiries to their appropriately qualified professionals.

Client understands the statements and information provided during coaching has not been evaluated by the Food and Drug Administration (“FDA”). Client understands that every effort has been made to present the most accurate research to date however, health research changes frequently and Company shall not be liable for the accuracy of the statements or information contained therein.

REFUNDS

At purchase you are enrolled in SIBO Navigator, your enrollment is final. We are FULLY committed to you and we ask that you fully commit to the course you’re enrolled in. Due to the digital nature of the materials, all sales are final.(avoid disputing through your payment method as this may delay the refund). If Client elects to discontinue their participation for any reason, no refunds will be issued after the refund period.

CONFIDENTIALITY

The Company respects Client’s privacy and insists that Client respects the Company’s and coaching Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by coaching Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group sessions, from the forum/group or otherwise.

Client understands their name and other identifying information may be displayed and that system errors may occur.

Client agrees not to use such confidential information in any manner other than in discussion with the Company or other Participants during the sessions. 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 will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

Further, Client agrees that if they violate or display any likelihood of violating this section the Company and/or the other coaching participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

FACEBOOK FORUM

If Client elects to join the SIBO SOS® Community Facebook Group, Client agrees to be bound by Facebook’s privacy policy and terms/conditions. Client understands that Company is NOT responsible and will not be held liable for what happens to any and all information submitted by Client on Facebook.

NON-DISCLOSURE OF MATERIALS

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

NO TRANSFER OF INTELLECTUAL PROPERTY

Company's coaching is copyrighted and the original materials that have been provided to Client are for Client's individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's business purposes, unless expressly stated by Company.  All intellectual property, including Company's copyrighted course and/or coaching materials, shall remain the sole property of the Company. No license to sell or distribute Company's materials is granted or implied.

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

CLIENT RESPONSIBILITY

Client accepts and agrees that Client is fully (100%) responsible for their progress and results from the coaching. Consultant will help and guide Client however, participation is the one vital element to coaching success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the coaching and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in coaching.

FORCE MAJEURE

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 either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

SEVERABILITY/WAIVER

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.

MODIFICATION

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.

From time to time the Company may modify this Agreement and such modifications shall be effective upon posting by the Company, on the Company website  (“Company Website”) in a private member area, or via email with the subject line specifically stating “amendment to existing agreement”, “amendment to existing terms of use”, or any similar language denoting the terms of use are to be modified. Client agrees to be bound to any changes to this Agreement when using Company’s services after any such modification is posted. It is therefore important that Client review the Agreement, the Company website, and all emails generated from the following emails: Info@SIBOSOS.com on a regular basis, to ensure you are updated as to any changes. Client’s failure to object to said changes within five (5) calendar days of receipt of notice of those changes, will amount to an understanding, acceptance, and the decision to be bound by those changes.

MISCELLANEOUS

1) LIMITATION OF LIABILITY. Client agrees they used Company’s services at their  own risk and that coaching is only an educational service being provided. Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable.

Client agrees that Company 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 Company’s services or enrollment in Small Group Coaching.

2) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute 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. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, or disparaging to each other or any of its courses, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

3) ASSIGNMENT. This Agreement may not be assigned by either party without the express written consent of both parties.

4) TERMINATION. Company is committed to providing all clients in Small Group Coaching with a positive experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the coaching without refund or forgiveness if Client becomes disruptive or difficult to work with, inhibits the participation of other coaching Participants or upon violation of the terms. In the event Company terminates this Agreement due to a breach by the Participant, the Participant shall immediately cease using the Materials. The obligations of the Participant under this Agreement shall remain in effect in perpetuity after expiration or termination of this Agreement. Client will still be liable to pay the total contract amount.

5) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

6) RESOLUTION OF DISPUTES. 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 Company 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 arbitrator (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, the Client is responsible for any and all arbitration and attorney fees. If Client brings dispute against Company, Client is responsible for all arbitration and administration fees.

7) EQUITABLE RELIEF.  In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

8) NOTICES. Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, "personal delivery" includes notice transmitted by email. Email: info@sibosos.com
                                                       
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns.  Waiver of any breach or failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date of purchase by Client.

If the terms of this Agreement are acceptable, please click SIGN BUTTON BELOW - this will act as your signature. By doing so, the Client acknowledges that: (I) the above is meant to have legal significance and is regarded as legally binding and, (II) Client understands, accepts and agrees to abide by the terms hereof (III) Client has saved a copy of this agreement; (IV) Client has had an opportunity to discuss the contents with an attorney, if Client desires.