Terms of Use: GROUP PROGRAM FLORA & FUNCTION

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of GROUP PROGRAM FLORA & FUNCTION outlined below (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Jessica Beckwermert/Kearney, an Alberta, Canada Sole Proprietor, doing business as Wildflower Co. (hereinafter “Coach”) AND  Lindsy Wilson an Alberta, Canada Sole Proprietor, doing business as Harmonic Harvest. (hereinafter “Coach”)and you agree you are voluntarily entering into a legally binding Agreement with Coach, inclusive of the following terms and conditions mutually agreed upon: 

For good and valuable consideration in the amounts outlined below, the receipt and sufficiency of which is acknowledged by all parties, Client is electing to purchase the GROUP PROGRAM FLORA & FUNCTION (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto. 

 

• Program Outline:

• Client agrees and understands that he/she is purchasing GROUP PROGRAM FLORA & FUNCTION 

 

1. Lab testing: GI Map Stool test GI-MAP
2. Fully personalized video lab interpretation + gut health protocol 
3. Full Flora & Function course delivered live for extra support
4. Bonus modules on body wisdom & feminine healing 
5. 12 weeks of gut-supportive group education and support with a group of women walking the same path
6. Private chat group with access to both practitioners
7. Access to practitioner-grade supplements + guides

 

• Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in GROUP PROGRAM FLORA & FUNCTION as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.  

 

1. As outlined in greater detail below, Client understands and agrees Program is not to be considered medical advice, medical treatment or services, nor is Program meant to be a substitute for any kind of medical evaluation from a personal physician. While Coach is a nutritionist and has education in this field, Coach is not able to nor will he/she provide any sort of medical diagnoses, treatment, medications, or other services that are completed by a medical professional. By completing this Agreement, you confirm you are not looking for medical treatment, understand the difference between coaching and treatment, and do not expect Coach to provide any services other than that outlined below in the Program Outline Addendum. 

 

 

• Confidentiality

• Client understands one of the primary elements in engaging in a coaching relationship with Coach is his/her ability to provide Client with guidance, teachings, materials, and exercises that make up the Program. Following Client’s participation in this program, Client will have gained access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in the program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Coach’s program.  Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client during coaching sessions, discussions, or otherwise. 

• Client also understands that due to the “group” nature of the Program, he/she may also obtain access to or otherwise become exposed to confidential or proprietary information belonging to other clients within the same group program via the community chat board available to all members within the membership portal. Client understands and agrees he/she will not disclose, steal, use, distribute, copy, or otherwise share or use any proprietary or confidential information belonging to another client in the group program. Client understands if he/she violates this provision, he or she may be liable to the third-party group member for infringement. Client will hold Coach harmless from any such third-party action taken against Client for such infringement or disclosure.

• In addition, Coach understands he/she will likely obtain confidential information about Client and his/her business throughout the course of the program, and hereby agrees not to use, share, or otherwise reveal this information about Client, without Client’s express written consent. 

• Client understands and agrees any decision to share medical information with Coach is wholly voluntary and completely up to Client; Coach will never request or require disclosure of any confidential medical information belonging to Client. Should Client elect to share medical information with Coach, Coach will take all reasonable care to keep such information private, and will not share with any other party. However, Client understands Coach is not subject to HIPAA regulations, and such privacy regulations are not applicable to Coach, as Coach is not a medical or healthcare provider within the definitions of HIPAA. 

 

 

 

• Testimonials 

 

1. Coach may request Client provide a testimonial to be published on Coach’s website, or on various sales materials for this or another Program created by Coach. Client understands that he or she is not required to give any testimony and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial. 
2. If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial. 

 

 

• Payment and Payment Plans

 

1. Client understands the cost of the program is TWO THOUSAND TWO HUNDRED AND NINETY SEVEN US DOLLARS ($2297) CAD, which is payable up front, in full, unless a payment plan has been offered by Coach, or otherwise arranged between Coach and Client. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Coach’s website or a designated third-party payment processor of Coach’s choosing, in full. Absent an agreement regarding a payment plan with Coach, Client must complete payment in full before becoming entitled to any products or services included within Program. 
2. If Coach has offered a payment plan, Client agrees to abide by the rules and payments as explained as follows: 3 PAYMENTS OF SEVEN HUNDRED SIXTY SIX DOLLARS ($766) CAD. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the remainder of the Program may be forfeited if payment is not made within 15 days of the date it is due, and (2) Client will owe a $100 late fee if he/she has not made the appropriate payment after the 15 day grace period. 
3. Coach reserves the right to cancel or cease working with Client should he/she fail to make additional payments in accordance with the payment plan as agreed upon at the beginning of the Program. Should this occur, Client understands he/she is not entitled to a refund of funds already issues to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed. Should such cancelation occur, Client understands he/she is not relieved of his/her obligation to continue to make all owed payments to Coach. Early termination of this Agreement does not relieve Client of his/her legal obligation under this Agreement to make all agreed upon payments, and to pay for Program in full. 

 

 

• Refund Policy 

 

1. Due to the subjective nature of the Program provided by Coach, and Coach’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Coach is not able to offer refunds once Client has purchased the program. If Coach is somehow unable to provide services as outlined on sales page, regardless of Client results, Coach or his/her team will be in touch regarding rescheduling, and/or discussing an alternative form of services, in order to fulfill obligations. If Coach is not able to reschedule, and no suitable alternative form of service is available, Client may be entitled to a partial refund, depending on the amount of work Coach and Client were able to complete. If partial services were performed, Coach and Client may come to an agreement whereby a partial refund is issued, at Coach’s discretion.  
2. Client further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle him/her to a refund.

 

 

• Medical Disclaimer – Not Medical or Professional Advice 

• The purpose and goal of Program is to provide Client the opportunity to receive education, support, guidance, and accountability with respect to achieving a certain health, wellness, or fitness goal. 

• Lab Testing: Program may provide Client with the opportunity to undergo lab testing provided by a third-party medical company if Client so chooses. While Program may include this opportunity, any and all tests Client may elect to receive are conducted wholly by a third party medical provider; Coach is not responsible for nor is Coach the provider of any such tests. Should Client elect to utilize a third-party medical provider and undergo one or more tests, Client may elect to share such results with Coach and allow Coach to review and educate Client based upon the results given. While Coach may provide such education, Coach will not provide any analysis, treatment, recommendations, or other medical input based upon the results of any lab tests completed by Client. Any and all medical interpretations, evaluations, and treatment recommendations based upon a test result shall be provided by a medical doctor that Client may seek out for further medical recommendations. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for medical treatment. 

• Client understands and agrees that Coach is a certified in Holistic Nutrition and Functional Diagnostic Nutrition Practitioner however Program offers coaching services in the field of education and information surrounding health and wellness only. There are no treatment or medical-based elements to Program, and it is not meant for those who are in need of (or think they may be in need of) medical services. Coach is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a medical professional in Client’s geographical area. 

• Coach encourages Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the coaching Program offered is right for them. Nothing contained within Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

 

 

 

• Voluntary Participation

• Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in her services and that Program is able to help many people, Client acknowledges and agrees that Jessica Beckwermert/Kearney, an Alberta, Canada Sole Proprietor, doing business as Wildflower Co. and Lindsy Wilson an Alberta, Canada Sole Proprietor, doing business as Harmonic Havest is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein. 

• As outlined above, any decision to undergo a blood, saliva, or other test to assess any kind of wellness in Client is wholly up to Client; Coach does not provide or require any such test, nor does Coach engage in any medical services surrounding any such test. Should Client voluntarily elect to share the results of a test with Coach, Coach may educate Client on the results and provide general information on what Client’s results may mean, without providing any medical treatment or recommendations. 

 

 

 

• Disclaimer /No Guarantees

 

1. Client understands Coach cannot guarantee results of the Program and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if he/she does not experience the desired results. 
2. Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program. 
3. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in the Program Outline Addendum below, or similar substitutes, upon additional agreement by Coach and Client.
4. Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, licensed therapist, or otherwise, and agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on his/her Website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for. 

 

1. Waiver/Assumption of the Risk 
1. Client understands he/she is entering into a Program for the purpose of achieving a desired health, wellness, and/or fitness goal through Coach’s Program. Client confirms he/she is entering into this Program voluntarily and of his/her own free will. 
2. Client certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related Program with Coach. If Client elects not to obtain this medical clearance prior to beginning Program, he/she understands the potential injuries and ramifications of such actions, and agrees not to hold Coach responsible for any such injuries or negative consequences. 
3. Client understands Program may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Client agrees he/she is aware of and assuming these risks in order to voluntarily proceed with Coach’s Program. Should any such incidents occur, Client understands it is of no fault or responsibility of Coach, and agrees Coach is not liable.

 

 

• Intellectual Property 

 

1. Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees he/she may be granted a limited right to use selected materials in the course of his/her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program. 
2. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Coach as it sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not: 
1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach;
2. Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
3. Claim any content created by Coach as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own. 
4. Share purchased materials, information, content with others who have not purchased them.
5. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

 

1. Indemnification
1. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend itself in any action directly or indirectly involving Client, or an action where it decides Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
2. Client will also indemnify and hold harmless AFDNP, Inc. from any and all claims, liability, or responsibility for any actions of Coach. While AFDNP, Inc. provides education and certification for students as Functional Diagnostic Nutritionists, AFDNP, Inc. does not have any direction, control, responsibility, interaction, nor responsibility for any programs, offerings, services provided by Coach nor any promises or actions taken by Coach. Client agrees he/she/they do not have a cause of action against AFDNP, Inc., and agrees AFDNP, Inc. is wholly uninvolved in Coach’s, services, and actions. 

 

1. Term; Termination
1. Following Client’s agreement to these Terms of Use, it is to remain in full force and effect throughout the duration of Program, after which it will automatically terminate, with the exception of all provisions intended to survive termination of the agreement. 
2. Termination: 
1. Termination by Coach: Coach may terminate this Agreement at any time, for any reason, and will do its best to provide reasonable written notice of any such need to terminate. Should Coach need to terminate this Agreement early, Client will be obligated to pay for services rendered only, and will not be required to make continued payments for any services not yet rendered by Coach. 
2. Termination by Client: Should Client elect to terminate this Agreement early, he/she may do so with written notice to Coach, explaining the basis for termination. If Client terminates the agreement due to his/her own reasons, and not due to the material breach of Coach, any such termination will not relieve Client of its obligation to make all agreed upon payments under this Agreement, including all payment plan payments. 
3. In the event of a material breach, the non-breaching party may terminate this Agreement immediately, with written notice, and may cause a termination agreement to be executed between parties in order to resolve any outstanding balances owed or disputes remaining. 

 

 

• Dispute Resolution 

• Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he/she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.) 

• If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in CALGARY, ALBERTA within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree. 

 

 

 

• Applicable Law

• This Agreement shall be governed by and under control of the laws of ALBERTA regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of ALBERTA are to be applicable here. 

 

 

 

• Amendments

• This agreement may be altered, amended, changed, or updated based upon Program updates and/or updates to relevant laws. Any material update or change in Program while Client is enrolled will cause Coach to email Client with a summary of all changes and request for confirmation of agreement thereto. 

 

 

PROGRAM OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing the LAB REVIEW - GUT REBALANCE and that lab testing needs to be sent in within 30 days of receipt of the lab test kit. Coach will provide the following products and/or services:

1. Lab testing: GI Map Stool test GI-MAP
2. Fully personalized video lab interpretation + gut health protocol 
3. Full Flora & Function course delivered live for extra support
4. Bonus modules on body wisdom & feminine healing 
5. 12 weeks of gut-supportive group education and support with a group of women walking the same path
6. Private chat group with access to both practitioners
7. Access to practitioner-grade supplements + guides

 

END OF DOCUMENT