I hereby acknowledge and agree:
1. Nature of Services. The purpose of nutritional counseling is to improve the overall health, vitality and well-being of the body through nutritional education, the use of natural foods and non-medicinal nutritional supplements. Michelle Casey, (NTP, CHHC, FDN-P), and Fit Foodie Enterprises LLC (collectively referred to herein as “Fit Foodie Enterprises”) do not diagnose diseases, disorders or conditions.
2. Payment Terms. Payment terms are dependent upon which type of services you purchase. Prices are subject to increase at the end of this term.
3. Information. As part of the Nutritional Counseling Services, I may be asked to provide information concerning my physical habits, medical history, moods, energy levels, likes and dislikes, lifestyle and diet. This information is collected to enable Fit Foodie Enterprises to: (i) assess my knowledge of nutrition, (ii) education me about the benefits of sound nutritional practices and (iii) recommend dietary changes to improve my general health, vitality and overall well-being. Fit Foodie Enterprises will hold this information in confidence and will not release or disclose this information to any other person, without my prior consent, except as required by applicable law.
4. Referral to Physician. If Fit Foodie Enterprises suspects the existence of disease, disorder or condition, I will be informed of this suspicion. However, I acknowledge this is not a diagnosis or conclusion about the state of my health and that I am directed to promptly consult a licensed Physician or Naturopath about any suspected problems.
5. In Concert With, Not Conflict With, Your Physician. Should I request Fit Foodie Enterprises to recommend dietary changes and/or nutritional supplements to enhance my body’s natural ability to resist and/or overcome a known disease, disorder or condition, it is my responsibility to disclose the nature of the disease, disorder or condition and all other relevant details to Fit Foodie Enterprises. If I have not previously consulted a licensed Physician or Naturopath about this disease, disorder or condition, I acknowledge that I am directed to promptly do so. I am not to alter or discontinue treatments prescribed by a licensed Naturopath, Physician or other licensed health professional without consulting the individual who prescribed the treatment.
6. My Agreements.
a. Complete Information. In providing Nutrition Counseling Services to me, Fit Foodie Enterprises is relying upon the truth, accuracy and completeness of all information I have provided to her. Any recommendations I follow for changes in diet, including the use of nutritional supplements, are entirely my responsibility.
b. Coachability. I agree that in order for the Nutrition Counseling Services to be effective, I need to be, and agree to be, coachable.
c. Assignments. I agree to complete the assignments to the best of my ability, and understand that I give up any expectation of attaining my goals or results if I have not done so.
d. Preparedness. I agree to be prepared for my calls with my practitioner.
7. No Warranty. Fit Foodie Enterprises is in no way liable for my health or safety, and makes no warranties, either express or implied, regarding the results of its services. Fit Foodie Enterprises is not a licensed Dietitian, Naturopathic Doctor or Medical Physician. All services are provided “AS IS”.
8. Assumption of Risk.
a. In consideration of my participation in the Nutritional Counseling Services, I hereby accept all risk to my health, including injury or death that may result from such participation and I hereby release Fit Foodie Enterprises on my behalf and on behalf of my personal representatives, estate, heirs, next of kin, and assigns from any and all costs, claims, causes of action and damages arising from any and all illness or injury to my person, including my death, that may result from or occur as a result of my participation in the Nutrition Counseling Services, whether caused by negligence or otherwise.
b. I understand that any therapies I undertake through the Nutrition Counseling Services are undertaken of my own free will. I accept that the ultimate responsibility for my health care is my own and that Fit Foodie Enterprises is here to support me in this. I understand that my practitioner reserves the right to determine which cases fall outside their scope of practice, in which event an appropriate referral will be recommended. I hereby agree to assume full responsibility for any manner of loss, injury, claim or damage whatsoever, known or unknown, incurred as a result of same and I, my heirs, executors, administrators or assigns for any loss, injury, claim or damage sustained as a result of my attendance and/or participation. I have read the above release and waiver of liability, and fully understand its contents and voluntarily agree to the terms and conditions stated.
c. I understand that if I am taking medications, whether prescribed by my physician or not, it is my responsibility to communicate this to Fit Foodie Enterprises, and I am ultimately responsible for checking with my physician whether any recommendations of Fit Foodie Enterprises would conflict with said medications.
9. Fit Foodie Enterprises’ Policies.
10. Intellectual Property. As between Fit Foodie Enterprises and You, Fit Foodie Enterprises retains all rights, title, and interest in and to all Fit Foodie Enterprises property, and except as expressly set out in this Agreement, no right, title, or license under any Fit Foodie Enterprises Property is granted to You or implied hereby.
11. Term and Termination.
a. Term of Agreement. This Agreement commences on when you purchase the Services, and shall remain in effect through the length of the associated package, through the end of the last pre-paid session or the expiration date, whichever comes first.
b. Termination. Either Party may terminate this Agreement by providing written notice to the other Party in the event the other Party materially breaches any of its duties, obligations or responsibilities under this Agreement and fails to cure such breach within thirty (30) days after receipt by the breaching Party of written notice specifying the breach.
c. Effect of Termination. In the event of termination of this Agreement, no refunds shall be issued by Fit Foodie Enterprises, and you remain liable for any outstanding payment plans.
12. Limitation of Liability.
a. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Fit Foodie Enterprises' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION AROSE (THE “LIABILITY CAP”). THE FOREGOING LIMITATION APPLIES EVEN IF A PARTY’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
b. Exclusion of Consequential and Related Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Fit Foodie Enterprises HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY OTHER INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT IT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
13. Governing Law, Arbitration. The parties hereto agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity hereof or thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by final and binding arbitration in Hilo County, Hawaii (except for an action for interim equitable relief otherwise permitted under this Agreement and/or unless otherwise agreed by the parties), before a sole arbitrator, in accordance with the laws of the State of Hawaii for agreements made in and to be performed in that State. The arbitration shall be administered by JAMS (or its successor) pursuant to its Comprehensive Arbitration Rules and Procedures; provided, however, if the Parties mutually elect, the arbitration can be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures instead of its Comprehensive Arbitration Rules and Procedures. The arbitrator’s decision shall be reduced to writing, signed by the arbitrator, and mailed to each of the parties and their legal counsel. All decisions of the arbitrator shall be final, binding and conclusive on the parties. The arbitrator or a court of appropriate jurisdiction may issue a writ of execution to enforce the arbitrator’s judgment. Judgment may be entered upon such a decision in accordance with applicable law in any court having jurisdiction thereof. The Parties will pay their own costs (including, without limitation, attorneys fees) and expenses in connection with such arbitration.
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTOOD IT TO BE A FULL AND FINAL RELEASE OF ALL COSTS, CLAIMS, CAUSES OF ACTION AND DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE NUTRITION COUNSELING SERVICES.