TERMS OF PURCHASE

Mindin My Macros LLC

 

The Macro Starter Kit

 

Assumption of Risk and Release of Liability/Medical Disclaimer

In order to work together, this document must be signed. This is standard and protects you as well.

I hereby acknowledge and agree:

1. The purpose of health coaching is to improve the overall health, vitality and well-being of the body through nutritional education and the use of natural foods, non-medicinal nutritional supplement suggestions, and lifestyle changes. The Certified Nutrition and Macro Coach, Danielle Marenburg, does not diagnose diseases, disorders or conditions.
2. The Certified Nutrition and Macro Coach, Danielle Marenburg, is not a licensed Dietitian, Naturopathic Doctor or Medical Physician.
3. As part of the Health Coaching 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 the Certified Nutrition and Macro Coach 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. The Certified Nutrition and Macro Coach, Danielle Marenburg 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. If the Certified Nutrition and Macro Coach, Danielle Marenburg, 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. Should I request the Certified Nutrition and Macro Coach, Danielle Marenburg, 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 the Certified Nutrition and Macro Coach, Danielle Marenburg. 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. In providing Health Coaching Services to me, the Certified Nutrition and Macro Coach, Danielle Marenburg, 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.
7. Danielle Marenburg is in no way liable for my health or safety.
8. In consideration of my participation in the Health Coaching Services, I hereby accept all risk to my health, including injury or death that may result from such participation and I hereby release the Certified Nutrition and Macro Coach, Danielle Marenburg, 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 Health Coaching Services, whether caused by negligence or otherwise.
9. Due to the service nature of Mindin' My Macros, LLC, there are no refunds offered for the purchase of goods. I agree to not dispute any charges for macro assessments, 1:1 package purchases, or for payment plans. If I ever have a question about payment or billing, I will reach out to Dani or her assistant. If I change credit card or debit card numbers, I will notify Dani 48 hours or more before scheduled payment is due. I agree to pay in full for the level of service that I select, and that upon engagement, I am committing to pay the full amount, even when selecting a payment plan.
10. 30 days notice is required for cancellation of services and coaching. Upon cancellation, you will pay your final monthly payment and receive your final month of services. Due to the service nature of Mindin' My Macros, LLC, there are no refunds offered for the purchase of goods and/or services. I agree to not dispute any charges for 1:1 package purchases, or for payment plans. If I ever have a question about payment or billing, I will reach out to Dani or her assistant at [email protected]. If I change credit card or debit card numbers, I will notify Dani 48 hours or more before scheduled payment is due. I agree to pay in full for the level of service that I select, and that upon engagement, I am committing to pay the full amount, even when selecting a payment plan.
11. I understand that any therapies I undertake at Mindin' My Macros, LLC are undertaken of my own free will. I accept that the ultimate responsibility for my health care is my own and that Danielle Marenburg and additional support staff at Mindin’ My Macros, LLC 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.

Danielle Marenburg is not a physician or psychologist, and the scope of his/her consultation services does not include treatment or diagnosis of specific illnesses or disorders. If I, the client, suspect I may have an ailment or illness that may require medical attention, then it is my responsibility to consult with a licensed physician immediately. Only a licensed physician can prescribe drugs. All supplement suggestions need to be approved by my physician. Nothing discussed during coaching sessions equates to medical advice.

 

Any mention of drugs in the course of consultation is only for the purpose of providing a complete history of drugs that the client is taking and not for Danielle Marenburg to judge the appropriateness of the medication. Any change in prescription or dosage is a decision the client makes with his or her physician.

 

Rather than dealing with treatment of disease, Danielle Marenburg focuses on wellness and prevention of illness through the use of non-toxic, natural nutritional therapies to achieve optimal health. Danielle Marenburg primarily educates and motivates clients to assume more personal responsibility for their health by adopting a healthy attitude, lifestyle, and diet.

 

While people generally experience greater health and wellness as a result of embracing a healthier attitude, lifestyle, and diet, Danielle Marenburg does not promise or guarantee protection from future illness.

 

I fully release any and all claims and liability from Danielle Marenburg, and I will not under any circumstance pursue legal action against her.

 

By checking below, I acknowledge that I understand that Danielle Marenburg is a Health Coach and not a physician, and that I should see a doctor if I think I have a medical condition. Danielle Marenburg will not be held liable for failure to diagnose or treat an illness, nor will she/he be liable for failure to prevent future illness.

 

In addition, I have given Danielle Marenburg a complete and accurate account of any medical conditions that I may have and any medications that I am taking.

 

 

The Macro Tracking & Logging Mini Course

 

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 Dani Marenburg (“Coach”), acting on behalf of Mindin My Macros LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

1. TERMS.
   1. Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the The Macro Starter Kit, which includes The Macro Tracking & Logging Mini Course (“Program/Course”) and a One Time Macro Assessment.
   2. The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website mindinmymacros.com as part of the Course.
   3. Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
   4. Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met. 
   5. The content included in the Program is for your individual, non-commercial use. Client agrees not to share login details and/or Program materials with any third parties.   
   6. Coach reserves the right to remove Client from Program at any time for any reason.

 

2. METHODOLOGY.  Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program.  Coach may revise methods or parts of the Program based on the needs of the Client.  

 

3. PAYMENT AND REFUND POLICY. 
   1. Upon execution of this Agreement, the Client agrees to pay to the Coach the full purchase amount.  
   2. All sales are final. Once you have purchased a Macro Starter Kit you are enrolled in The Macro Tracking and Logging Mini Course, we do not provide refunds for any reason. We believe in the value of our content and trust that our course will provide you with the knowledge and insights promised.
   3. All macro assessments have a zero refund policy upon purchase.
   4. Credit Card Authorization (if applicable for payment plan).  Each Party hereto acknowledges that Coach will charge the credit card chosen by the Client for the amounts specified on the website. 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”).  

 

4. DISCLAIMERS. By participating in the Course and receiving a custom macro assessment, Client acknowledges that the Coach is not a medical doctor, psychologist, nor acting in her capacity as a medical doctor, psychologist, therapist, or registered dietician and her services do not replace the care of other professionals. Health coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.  

 

The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.  Use of Program is at Client’s own risk.  Any use of videos requiring physical activity are done at Client’s discretion and Coach will not be held liable for any injury that could result from utilizing videos. 

 

The Coach may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

 

Any testimonials or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future result that may be derived as a consequence of use of Coach’s website, programs, products or services.

 

5. WAIVER OF LIABILITY. You are participating in online and/or in person coaching, classes or services during which You will receive information and instruction about physical activity, exercise, or similar and You acknowledge that activity may require physical exertion, which may be strenuous and may cause physical injury, and Client is fully aware of the risks and hazards involved. You acknowledge that it is Your responsibility to consult with a physician prior to and regarding participation in any physical fitness program.  You represent and warrant that You have no medical condition that would prevent Your participation in physical fitness activities. Client agrees to assume full responsibility for any risks, injuries or damages, known and unknown, which You might incur as a result of participating in online and/or in person coaching, classes or services.  Client knowingly, voluntarily, and expressly waives any claims You may have against the Company, or the instructor, for injuries or damages that You may sustain as a result of participating in coaching or classes.

 

6. INTELLECTUAL PROPERTY RIGHTS.  In respect of the documents specifically created for the Client as part of this Course, 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. Client receives one license for personal use of any content provided by the Coach.  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. The Coach reserves the right to immediately remove the Client from the Program, without refund, if you are caught violating this intellectual property policy.

 

7. RELEASE. Company may take photographs, screenshots, videos, or audio recording from the Course and/or Kit that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Course, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.

 

Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Course. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in the Course. 

Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.

 

8. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving 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. Neither Client nor any of Client’s associates, employees or affiliates 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, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

 

9. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

 

10. DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

 

11. LIMITATION OF LIABILITY.  By using Mindin My Macros services and purchasing this Macro Starter Kit, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach 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 the Course. Client agrees that use of this Program is at user’s own risk.

 

12. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Sacramento, California or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.

 

13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.

 

14. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.