By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by LYNETTE HOYLE (“Coach”), acting on behalf of LYNETTE MARIE FITNESS, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
PAYMENT AND REFUND POLICY.
Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount.
The Company does not offer refunds to ensure that clients are fully committed to the Program. There are no exceptions to the refund policy.
If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”). Client shall pay for program in full.
The Client authorizes the Company to charge the credit card(s) at the time that charges are due and shall not require a separate authorization for each charge.
In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls.
The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to all three credit reporting agencies as a delinquent account.
INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of the Services, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement.
Any testimonials, earnings, or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. The coach makes does not guarantee any specific results from use of the services. The coach makes no representations or warranties as to specific outcomes or results. Unfortunately, the coach cannot guarantee that you will become or remain happy, healthy, fit, or successful, as this is based on the client taking action.
DISCLAIMER
The client understand that the role of the Health and Fitness Coach is not to prescribe medication, test levels in the body, provide licensed health care, medical services, or to diagnose, treat or cure any medical diseases, conditions, or other physical or mental ailment. Rather, the coach is a mentor and guide who has been trained in health and fitness coaching to help clients reach their own health and fitness goals. The coach will help clients devise and implement positive, effective and sustainable lifestyle changes based on the program provided. The client understands that the coach approaches health and fitness in ways she’s been trained and experienced herself. The coach is not to act or treat in the capacity of a doctor, licensed dietician-nutritionist, psychologist, or other licensed or registered professional. Any advice given by the coach is not meant to take the place of advice by these professionals, but instead to be an alternative or complementary treatment. If the client is under the care of a healthcare professional or currently uses prescription medications, the client should discuss any dietary changes with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. The client has chosen to work with the coach and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals for issues that need immediate care.
PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS
The client acknowledges that the client takes full responsibility for the client’s life and well-being and all decisions made during and after this program. The client expressly assumes the risks of the program, including the risks of trying new foods, supplement, and exercise, and the risks inherent in making lifestyle changes. The client releases the coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the client ever had, now has or will have in the future against the coach, arising from the client’s past or future participation in, or otherwise with respect to, the program, unless arising from the gross negligence of the coach.
CONFIDENTIALITY
The coach will keep the client's information private and will not share the client’s information to any third party unless compelled to by law.
THE SERVICES
The client’s purchase may include different components, including e-books, videos, audio tracks, manuals, guides, webinars, coaching, training courses, voice messages, and/or other products and services. The client agrees not to share login information, call-in numbers, passwords, documents and protected links with anyone unless noted by the coach.
ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
In the event that there ever arises a dispute between the coach and the client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). 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 constructed according to the laws of the State of Michigan. In the event that any provision of this Program Agreement is deemed unenforceable, the remaining portions of the Program Agreement shall be severed and remain in full force. If the terms of this Program 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 with the coach and, if desired, to have it reviewed by an attorney; and (3) the client understands, accepts and agrees to abide by the terms hereof.