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Welcome! I am looking forward to working with you. Please read this information carefully. The purpose of this Agreement is to set forth the details about working together so that we both are clear as to what each of our respective roles are and how our communication will take place so that our time will be positive, productive, and comfortable!

This Agreement is being made between Kaitlyn Comeau of KC Gaining Wellness of 6 Ross Road Meteghan, NS B0W 2J0 (“Coach” or “me”) and you. We both legally agree to the following:

Terms of Nutritional Services as a Dietitian

You are employing the services of Kaitlyn Comeau, Registered Dietitian to obtain information, resources, and guidance related to your nutritional and physical health. You understand that Kaitlyn Comeau, RD is a Registered Dietitian and will not dispense medical advice, diagnoses or treatments that fall beyond the scope of her practice.

The information provided by Kaitlyn Comeau, RD is designed to meet your personal dietary needs and will not be transferred, copied, or sold to another person/organization.

In order to benefit from the treatment prescribed by Kaitlyn Comeau, you realize that it is important to inform her of any changes made to your diet. It is your responsibility to report any side effects or problems immediately, and to make the necessary adjustments to your treatment plan with your physician and/or Kaitlyn Comeau. You will not hold your physician or Kaitlyn Comeau responsible for any complications that result from your failure to comply with either of the above.

You understand that Kaitlyn Comeau, RD will keep therapy notes as a record of your work together. These notes document the topics that we talk about, interventions used, and treatment plan or any other considerations that may be helpful to working with her. Records will be stored in a secure location for ten years following the last date of service (or ten years following my eighteenth birthday, whichever is longer.) Medical records, personal information and history divulged in sessions will be kept strictly confidential unless you consent to sharing my medical and nutritional information, or if required by law.

General Terms

Client acknowledges that s/he is agreeing for the services of a dietitian, fitness trainer and coach provided by Kaitlyn Comeau. Coach will design an individualized program for the Client that reflects the Client’s objectives, fitness level, and experience. Client understands that this fitness program is individually tailored to meet the goals and objectives agreed upon by Coach and Client. Client understands, however, that Coach cannot guarantee that Client will accomplish the goals that are established. 

Disclaimer

Coach has used care in preparing the information provided to Client, but this Program and Program materials are being provided as self-help tools for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results Client will experience through this Program. Client agrees that the Coach is not responsible for Client’s own physical, mental, emotional and spiritual health, or for financial earnings or losses, or for any other result or outcome that may be experienced through this Program. Nothing related to this Program is intended to be considered medical, mental health, legal, financial, or religious advice in any way. For specific questions related to a medical or mental health situation, consult a medical or mental health professional. For specific questions related to financial, legal or tax situation, consult an attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult a clergy member or spiritual healer. Do not start or stop taking any medications because of anything you have read or received through this Program. Any recommendation of any supplements or other products, etc. is simply offered for educational purposes, and Client needs to check with their medical professional before using any of these products on, in or near your body in any way. By making the Program payment, Client agrees that they are also consenting to the full Disclaimer.

Confidentiality

All information shared between us during this program will be kept confidential. Information will remain disclosed unless for the following reasons: (1) Required by law, (2) you have given me prior written permission, for example, for a referral to a physician or other health professional if required. 

On top of information shared between each other, all property materials and content shared to you will retain ownership to me. Meaning the program contents, including any materials, are specifically given for individual use by you and cannot be used for the following unless given written permission by me: share, copy, sell, post, distribute, reproduce, trade, resell, exploit, used for business or commercial use, or any way that you can make a profit from.

With your permission prior too, I may ask to share progress/check-ins/sessions on social media, and if I have your written agreement, you agree to giving me the right and permission to use these photos for promotion, advertising, and marketing purposes.

Support and Feedback

Being accessible and attentive to my clients is a priority. My working hours are 8:00am – 5:00pm in the given time zone I am in, weekdays only, though it may happen that I respond in evening or weekends when time allows. I will be in the App daily to answer questions and occasionally provide additional bonus content and training.

For technical support, please contact hello@kcgainingwellness.ca.

Please note that emails are for general inquiries and quick questions and you will receive brief email responses. If you need to discuss something at length, I may request that we have an in-depth conversation through the app or a quick call.

Investment and Refund Policy

You fully agree to invest into the program you have selected, by which means you are willing and able to financially invest by decision and will not suffer from any financial hardships otherwise. If you are unable to make a payment, your program will be put onto hold. We can also discuss payment plan options if needed.

I want you to be happy with your Program, however, it is your responsibility to bring up any concerns immediately. I will do my absolute best to run this program in a way that works best for you and accommodate you with any needs. However, if you do not address your concerns, I am not responsible for any claims.

If the Client terminates the Agreement, any outstanding payments for services that already have been provided to date will be due immediately.

If for some reason you are not satisfied you may stop the Program at any time. Because I will have invested considerable time and effort in your Program, if you decide to withdraw for any reason, you will remain fully responsible for all payments and the full cost of the Program. To clarify, no refund will be provided for any reason. If you refuse to make a payment, ignore invoices/messages by me asking about payments and not performing in the program you agreed to, legal action will occur. Please understand that you are signing a legal document between me, my business, and you. My time and your time are both greatly valued and I am willing to cooperate with circumstances that come up, but all payments must carry through.

Intellectual Property Rights

I retain all ownership and intellectual property rights to the Program content and materials provided to you through the Program, including all copyrights and any trademarks belonging to me. The Program content and materials are being provided to you for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission.

Personal Responsibility & Assumption of Risk

You acknowledge that you take full responsibility for yourself and all decisions made before, during and after your Program. You accept full responsibility for your choices, actions and results before, during and after this Program, and you knowingly assume all of the risks of the Program related to your use, misuse, or non-use of the Program or any of the Program materials. You understand and agree that you are solely responsible for your results.

Limitation of Liability, Indemnification, and Release of Claims

Coach will not be held responsible in any way for the information that you request or receive through this Program, including my services, products, and Program materials and any other information you have received from or through me related to this Program. You agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may have against me in the future that may arise from your participation in the Program, including all services, products, and Program Materials, to the extent permitted by applicable law.

Entire Agreement

This Agreement constitutes the entire agreement of the Parties, and supersedes any and all previous understanding, agreements, arrangements, or discussions, written or oral, between the Parties relating hereto. There are no collateral agreements, representations, or guarantees, oral or otherwise unless attached hereto and signed by both Parties. If any portion of this Agreement shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this Agreement shall remain in full force and effect and the offending provisions severed herefrom.

Other Important Terms

Termination: If either of us want to terminate the Agreement at any time, we both agree to notify the other at least 3 days in advance by email. Even after termination by either of us, all of the terms of this Agreement, including all of the Investment, Refund Policy, and Intellectual Property terms, will still apply to both of us now and in the future.

Notice: All correspondence or notice required regarding the Program shall be made to hello@kcgainingwellness.ca and to you at the email address you provided during your enrollment in the Program. Should your email address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 3 days of any change.

By clicking “Buy Now”, “Purchase”, or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling electronically, verbally, paying for this program, and reviewing this agreement, you acknowledge that you have read, understand, agree to and accept all of the terms in this Agreement. You agree that you have had the opportunity to ask me any questions prior to accepting this agreement, and that you are in agreement with all of the terms of this Agreement.

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