Executive Terms and Conditions
- Scope of Group Coaching Program
As part of the Program, Company shall provide the following to Client:
- Access to the Dietitian Boss course in Kajabi during the Program period.
- Group Coaching Calls throughout the week.
- Access to Private Facebook Group during the Program period. This access ends immediately upon the end date of the Program Term, which is defined below.
Additional details about the Program are located in the Proposal signed by Client, which is referenced and incorporated as an exhibit to this Agreement.
The Program will begin on the Program start date and conclude after the time listed in the Proposal (the “Program Term”).
- Program Information
After purchasing the Program, Clients will be given access to the Program materials (“Materials”) in Kajabi. On or around the Program start date Client will be given access to the private Facebook group. Clients will have access to the Materials for the duration of the Program.
Please note that Company will communicate with Client via email. It is the Client's responsibility to ensure that an updated email address is kept on file with the Company. Additionally, Client understands and agrees that if Client unsubscribes to notifications, Client may miss important Program information and updates. Company is not responsible for finding alternate means of communication if Client unsubscribes from notifications.
By entering this Agreement, Client receives one license to access and use the Program and Materials. Client understands and agrees that the Materials are for Client’s individual use only and may not be shared with any third party. In the event Company suspects that the Program is being shared or that Client has shared his/her log-in information with another party, Company reserves the right to immediately terminate Client’s access to the Program in its sole discretion.
Client also understands that not all Materials may be available for Client to download under Client’s license. At no time is the Client permitted to download any of the video content presented in the Materials. The only content that may be downloaded will be listed as downloadable, such as PDFs or workbooks. Client understands and agrees that Client may not make any copies of Materials that are not made available for download, including, but not limited to, making screencasts or other videos of the video content.
The purpose of the Facebook Group is to provide an engaging forum to share information relating to the Program, encourage discussion and community with the Program participants, and share files. Client should exercise common sense and courtesy in submitting comments or materials for posting on the Facebook Group. Any inappropriate submissions or behavior will not be tolerated, and Company reserves the right to remove such persons from the Facebook group in Company’s sole discretion. In the event that Company removes Client from the Facebook group for such a reason, no refunds will be due to Client. Client may not use the Facebook Group to promote his/her own business or for any other commercial purposes.
Facebook is a third-party software. Presently, the group is set as secret and may not be accessed by the public. If, at any time, Facebook changes its policies or experiences a malfunction, and the Program Facebook Group becomes public, the Client is responsible for deleting any sensitive information from the Program Facebook Group.
Throughout the Program, there will be many opportunities (e.g., Coaching Calls, Facebook Group, and any support communications) for Clients to interact with members of Company’s team and other members of the Program. Client understands and agrees that respectful communication is expected in these interactions. In its sole discretion, if Company determines that Client’s behavior does not adhere to these guidelines, Company may take the following action:
- Provide Client with a warning to discontinue certain types of behavior. If the inappropriate behavior continues or there are other examples of inappropriate conduct, the Company may remove the Client from the Program. If a Client is removed for this reason, no refunds are due to the Client.
- Immediately remove Client’s access to the Program if the behavior is egregious, disparaging, bullying, harassing, or hateful. If a Client is removed for this reason, no refunds are due to the Client.
- Coaching Calls
The Program includes coaching calls that will last for up to 60 minutes and will be conducted via
Zoom. Client understands: a) that calls may end early if all content is completed and there are no other questions and b) that calls will not go over time. All coaching calls will be scheduled in advance and Client must make time in his/her personal schedule to attend all coaching calls. All calls will be recorded, and Client may access any previous calls on the shared drive. Access to recordings are only available during the Program Term. Client understands that Client will have access to coaching calls only during the Program Term. If Client is unable to attend calls, there will be no opportunity to make up or attend additional calls after the Program Term has ended. All calls will be deemed completed by the end of the Program Term.
Company does not hold any calls between 12/23-12/31. Company reserves the right to adjust scheduling as needed to accommodate for any Company holidays or closures.
In consideration for access to the Program provided by Company, Client agrees to compensate Company the amount agreed to in the Proposal and on the attached invoice.
Clients may either pay the full fee or elect a monthly payment plan. In the event Client elects a payment plan, subsequent installments will be paid on the same day of each succeeding month until the entire amount has been paid in full. Client understands and agrees that all payments on the installment plan must be paid on time and any default in payment will result in immediate removal from the Program.
Clients will not be given access to the Program until either the full fee is paid or the first installment payment is complete.
Any additional coaching services, calls, emails and time beyond the scope of the Program, will require a new agreement to cover the scope of those additional services.
- Payment Plan Requirements
In the event Client elects for the payment plan, Client hereby authorizes Company to charge his/her credit card or debit card automatically according to the terms set forth in the Fees section above.
If any eligible payment methods Company has on file for Client are declined for a monthly payment, Client shall provide a new eligible payment method promptly or Client will be immediately removed from the Program.
If, at any time, Client has not paid its invoice within five (5) days of receipt of such invoice, Client agrees that it will be charged a late fee of $50 for each month that the payment is not received. Failure to pay may result in temporary or permanent suspension of the Services. If Company incurs legal fees, costs, or disbursements in an effort to collect its invoices, in addition to interest on the unpaid balance, Client agrees to reimburse Company for all such expenses.
By entering this Agreement, Client is required to pay the full balance due under the payment plan, even if Client fails to fully participate in the Program or fails to qualify for the money-back guarantee. Client understands that his/her membership will automatically continue and that he/she authorizes Company (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for Client’s account. If there are no eligible payment methods on file and Client fails to contact Company to arrange payment on past due balances, Company reserves the right to send the balance, plus any late fees, to a collections agency.
- Refund Policy
By joining the Program, you are agreeing to pay the full fee listed in the Proposal.
No refunds of any fees or other amounts paid by Client in connection with the Program will be allowed under any circumstances.
- Personal Information
By participating in the Program, Client will be asked to register with the Program hosting platform to
receive access to the Materials. Client shall select a username and password and may be asked to provide further personal information. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.
The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Program for fraud or unlawful activity, is grounds for immediate termination from the Program.
- Client Contributions
Through Client’s participation in the Program, Client may post materials, comments, or replies to comments (“Client Contributions”) on Program pages, materials, or the Facebook group. Client grants Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Client Contributions. This may include use in testimonials or marketing materials.
Please note that Client Contributions will be public and Client should not have an expectation of privacy or confidentiality when submitting Client Contributions.
From time to time, other Program participants may share his/her original materials with other Program participants. Any original materials shared with Program participants belong to the creator of the materials and are provided for individual use only. Client is not authorized to use or transfer intellectual property received as a result of the Program. No license to sell or distribute is granted or implied. This paragraph does not apply to ideas that are not yet protected by copyright or trademark laws and does not protect Program participants from expressions of similar ideas. Program participants should exercise caution when sharing confidential business plans or concepts.
Company may offer bonuses to Clients throughout the Program. Client is entitled to any bonuses offered at the time of Client’s enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Program and vary depending on live and automated promotions throughout the year. Company reserves the right to change or alter bonuses and promotions in its sole discretion.
- Intellectual Property
All Materials, documents, Facebook posts/comments/replies, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Client hereby agrees that Company’s Program, Materials and any accompanying content is owned by Libby Rothschild, LLC and is not to be used for purposes beyond those stated in this Agreement.
All Materials are provided for Client’s individual use only. Client is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program and Materials. Clients shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program or Materials. Violators of this federal law will be subject to its civil and criminal penalties.
Under this limited license, Client is expressly permitted to:
- Access and view the Program and Materials for the duration of the Program;
● Download only the Materials that have been made available in a downloadable format;
● Use the Program and Materials as a reference in Client’s business after conclusion of the Program; and,
- Implement the methodologies presented in the Program and Materials for use in Client’s business, insofar as these Materials may not be used in a business that offers coaching to licensed professionals, including other Registered Dietitians.
Under this limited license, Client is expressly prohibited from the following:
- Granting access to any third party to the Program or Materials using any means, including but not limited to, sharing login information or providing copies of any Materials;
- Creating copies of Materials that are not available or downloads;
- Creating content for the use of third parties that utilizes any aspect of the Materials;
- Establishing a coaching or mentoring program that incorporates the information presented in the Materials; or,
- Publishing, in whole or in part, the Program or Materials.
By exercising this limited license to access the Materials, Client agrees to the following:
- Client is not currently engaged in any type of coaching of licensed or nutrition professionals, including, but not limited to Registered Dietitians or health coaches;
- Client will not begin a coaching program for licensed or nutrition professionals, including, but not limited to Registered Dietitians or health coaches, within one year of completing the Program;
- In the event that Client does begin offering coaching services within one year of completing the Program, Client authorizes Company to review any coaching materials or programming created for such services at no charge to Company, if it is believed the Client may be improperly utilizing the Program or Materials in violation of the terms of this license.
Clients may terminate this Agreement immediately upon giving written notice to the Company, but no refund will be given. All balances will remain due for any future payments due under a payment plan. Notice may be given via email.
Company may terminate this Agreement in the event Client breaches contract. In the event that Company terminates this Agreement for breach, no refunds will be due to Client and all balances will remain due for any future payments due under a payment plan.
Company is generally available to provide services during normal business hours: Monday – Friday 9am – 5pm EST, excluding national holidays. This program provides for ongoing support and communication during the Program period ONLY through the Private Facebook group for the program. Please note, the Company will not respond to communication from group program participants (the Client) via private email or direct messages for support on this program. Clients may use the customer support email for tech issues or other questions.
Company WILL ONLY answer communication during the Program period through the private Facebook group. Company WILL NOT answer any emails or direct messages on social media from Client.
- Service Location
Both parties agree and understand that the coaching services to be provided under this Agreement shall be performed virtually.
Client shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation the names of any of its Program materials, coaching materials, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the bene t of the Company.
Company will periodically share success stories from Program participants. Throughout the Program, Clients will be invited to offer feedback, such as sharing wins, in the Program Facebook group. From time to time, Company will take screenshots of your posts and edit the image to remove your identifying details. By joining the Program, you give us your authorization to share this content in our marketing, which may include posting it to our social media channels or website.
From time to time, Client’s results in the Program, such as feedback, or quotes, may be used as a testimonial in Company’s marketing. If such content is used on Company’s social media channels, Company will request a photo of Client for the images. If Client approves the request, Client gives Client’s authorization to use Client’s name or likeness in such promotional materials. An example of
such materials would be using a quote from Client in an image posted to Instagram, which would feature Client’s name, image, and a link to Client’s business.
Company agrees to defend, indemnify and hold Client, its affiliated companies and its respective employees, officers, directors, trustees and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and costs) which they suffer as a result of (i) the negligence or intentional misconduct of Company or (ii) Company’s breach of any provision of this Agreement (including any representation or warranty).
Client shall indemnify, defend, and hold Company harmless from and against any loss, liability, damage, or expense, including reasonable attorney's fees, incurred or suffered by or threatened against Company in connection with or as a result of any claim brought by or on behalf of any third party person or entity as a result of or in connection with Company’s appearance or association with Client, unless such claim arises from Company’s acts or omissions or arises from or is related to breach of any obligation and/or warranty made by Company hereunder.
- Force Majeure
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, food or other casualty or due to strikes, riot, storms,
explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
The Program, Materials, and any additional services provided by Company according to this Agreement are for informational purposes only. Company has made every effort to ensure that all services have been tested for accuracy.
Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Company makes no guarantees regarding results, present or future. Company is not responsible for Client's earnings, income, sales, or any other business performance as a result of this Agreement.
Client acknowledges and agrees that any information posted in the Program, Program materials, or Facebook group is not intended to be legal advice, medical advice, financial advice, or other professional advice, and no fiduciary relationship has been created between Company and Client. Client agrees that his/her participation in the Program is at his/her own risk. Company does not assume or accept responsibility for the security of Client’s account or content. Client agrees that his/her participation in the creation of an online account is at his/her own risk. In the event a breach of security has occurred, Company will notify Client pursuant to all laws and regulations.
- No Guarantees
Company makes no guarantees regarding the Program. More specifically, Company does not make any guarantees as to the results, including financial or other personal gains, of any services provided or for the Client completing the Program. Client agrees to take responsibility for Client’s own results.
- Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the Program will produce different outcomes and results for each Client. Client understands and agrees that:
- Every client and final result is different;
- Program content is intended for a mass audience and that Company will use its best efforts to
create favorable experiences to each Client depending on their business and personal needs, but that no 1-on-1 services are expected or guaranteed under this Agreement;
● Dissatisfaction with Company’s independent judgment or coaching style in the Program are not valid reasons for termination of this Agreement or request of any monies returned.
- Express Release regarding Licensure
As part of the Program, the Company may provide information on licensure and the practice of dietetics. All resources provided within the Program are for informational purposes only and do not replace legal advice from an attorney.
Licensing statuses will vary among Program participants. It is solely Client’s responsibility to ensure that Client is following any necessary procedures or policies for licensure or credentialing compliance. This includes any rules of professional responsibility, ethical rules, or any other guidelines provided by a licensing board with which Client is affiliated or plans to be affiliated in the future.
If Client is a student and is not licensed, Client understands and agrees that it is Client’s responsibility to ensure that Client is in compliance with any particular programming rules related to Client’s education programs or upcoming licensure requirements.
Client understands and agrees that Company is not liable for any decisions or actions implemented by Client which could potentially impact any current or future licenses or credentials held by Client. Client releases Company from any potential claims of liability.
Client agrees to defend, indemnify and hold Company, its affiliated companies and its respective employees, contractors, officers, directors, trustees and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and costs) which they suffer as a result of any actions related to Client’s licensure or student programs.
- Spam Policy
Client is strictly prohibited from using the Program and Program materials for illegal spam activities, including, but not limited to, gathering contacts, email addresses, or other personal information from fellow Program students and distributing such information to third parties or sending any mass commercial emails.
- Warranty Disclaimer
Client agrees that his/her participation in the Program and use of the Program is at his/her sole and exclusive risk, and that any services provided by Company are on an “as is” basis. Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
Company makes no warranties that the Program will meet your needs or that the Program will be uninterrupted, error-free, or secure.
- Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
- Venue and Jurisdiction
The laws of the State of New Jersey shall govern this contract, and any resulting arbitration shall take place within Hudson County, New Jersey. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
- Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Hudson County, New Jersey another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
This Agreement shall not be transferred or assigned to any third party, in whole or in part, by Client without the express written consent of Company, which may be withheld in Company’s sole discretion.
- Severability and Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
- Counterparts; Facsimile Signatures
A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the parties. The Parties expressly agree that with respect to this Agreement, a facsimile or electronic signature or executed document which has been formatted as a Portable Document Format (PDF) and electronically exchanged shall be binding upon the Parties and treated as an original copy of the Agreement.