between
Christine Long
(hereinafter "You")
and
Lacy Catao, Owner
Reimagine Nutrition
(hereinafter "We")
This is a binding contract for the 30 Day Plant-Based Transformation Boot Camp (“TBC”) between Catao Island LLC - Series A dba Reimagine Nutrition, managed by Lacy Catao, (“We”) and the undersigned client, (“You”). By signing below, you are acknowledging that you have read, agree to and accept all of the terms and conditions contained in this agreement.
Reimagine Nutrition and You hereby agree to the following:
1. Payment
By signing below, You authorize Reimagine Nutrition to deposit your payment for your purchase of the TBC. The fee for said program is $997.00. By signing below, you acknowledge that you have represented to Lacy Catao that payment of your program fees will not place a significant financial burden on you or your family.
Payments are not refundable for any reason. Payments are due regardless of whether or not you fully and faithfully participate. Furthermore, you agree that you are responsible for full payment of fees for the entire course of the program, regardless of whether you actually attend or complete the program, and regardless of whether you selected a lump sum or monthly payment plan. To further clarify, no refunds will be issued and all monthly payments must be made on a timely basis. A 10% interest rate will be accrued on all payments that are 10 days late from the agreed upon payment date.
2. Our Services to You
You are entering into the TBC agreement whereby Lacy Catao will conduct high level individual wellness consulting with You in said program over a 4 week period (with 30 days post Boot Camp accountability via Voxer). Your TBC will officially begin August 4th, 2023 and runs through September 4, 2023 (post accountabiilty Voxer access September 4 through October 4th). Your package includes a total of 4 hours of individual wellness sessions, plus Precursor session and Implementation session (each 1 hour or less). Sessions will be held via Zoom and structured as agreed upon by us.
3. Responsibilities of both parties
CLIENT: "You" are responsible for your physical and mental well-being. Nutrition consulting can trigger emotional, mental, and physical effects. You agree to take full responsibility of your self-care in the emotional, mental, physical, and spiritual areas of your life.
By signing below, You agree and understand that coaching is not a substitute for any kind of counseling, mental health care, physical or other type of health care, treatment of severe mental, emotional or psychiatric problems, substance abuse treatment, psychotherapy or any other therapy.
Client acknowledges that consulting is a comprehensive process that may involve different areas of life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate wellness principles into those areas and implementing choices is exclusively the Client’s responsibility.
Client acknowledges that nutrition consulting does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the consulting relationship agreed upon by the Client and the Holistic Nutrition Specialist.
The Client understands that in order to enhance the consulting relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
You understand that Lacy Catao is not a medical professional, and that You are responsible for contacting a licensed medical professional when it comes to certain questions to ensure You are receiving a comprehensive answer from a medical care provider.
You take full responsibility for any and all decisions and choices that arise from or are related to wellness sessions with Lacy Catao.
SPECIALIST: We are responsible for maintaining confidentiality, being on time, sending follow-up messages, supportive listening, providing appropriate resources, wellness education, adhering to the cancellation policy.
4. Scheduling and Cancellations
You may reschedule within 24 hours of scheduled session time through text or Voxer. Lacy Catao agrees to also reschedule through text or Voxer. Anything rescheduled in less than 24 hours will be considered a "cancellation" and the session will be forfeited. You will not receive a prorated refund due to the lost session. We reserve the right to determine cancellations on a case-by-case basis.
5. Informed Consent
You understand that nutrition consulting is for the purpose of providing clarity on your wellness journey, and You give informed consent to engage in nutrition consulting and educating services and for Lacy Catao to assist in consulting for the aforementioned purpose. You agree that you are using theses services entirely at your own risk.
6. Representation
While Lacy Catao is absolutely convinced that you will derive great benefits from your participation in the TBC and that you will receive the necessary tools to become successful at reaching your wellness goals, We of course cannot represent or guarantee that you will attain a certain weight or live a longer healthful life as a result of the program. Each person’s success depends on many factors, including, but not limited to; your personal motivation, discipline, time commitment, work ethic, how effectively You implement the strategies taught and your efficiency in following through with the knowledge you will attain.
The cost of the program is an investment in you and your lifestyle, and as with most investments, there is both potential for great return on your investment, and risk of no return on this investment. All results vary based on the individual. We do not represent that any aspect of the program is guaranteed to your specific satisfaction or your opinion of what you believe any element of the program should be in your specific situation. You may or may not achieve the goals you envisioned. Our obligations to you will be to provide the elements of the program listed in Exhibit A and not as a guarantee of your results.
7. Disclosure for teaching purposes
You are aware that We may share your stories, anonymously, for teaching purposes, whether it is with another Client or with other members of the Wellness community. You will remain completely anonymous unless explicit, written permission is given that the Your name and specific details may be used.
8. Confidentiality and Non-Disclosure
You acknowledge and understand that the methods, process and strategies taught in the TBC constitutes our proprietary system which is confidential. We have spent considerable time and efforts in developing this proprietary system, which includes all materials associated with the program, all health and wellness strategies taught, and all associated wellness advice. You agree to maintain the absolute confidence of the program and our proprietary system and agree not to duplicate, disseminate, distribute or otherwise disclose any part to any third (3rd) parties, for any reason, unless it is part of the program or unless required by legal process.
9. Ownership of Property/ Agreement Not to Infringe
You further acknowledge that the proprietary system and the program are and shall remain the property of Reimagine Nutrition and that you shall not infringe upon any part for your own competitive benefit, nor cause or allow any third parties, directly or indirectly to do the same.
10. Default and Termination
Should you fail to remit any of the required payments on time, and have not corrected the situation in a prompt manner, Reimagine Nutrition/Lacy Catao may terminate further services; specifically upon default of nonpayment, You may be removed from access to any element of the program. We may also terminate services if, in our sole opinion, You are conducting yourself or your business in a manner which is disparaging or disruptive or threatening the reputation of Reimagine Nutrition or Lacy Catao, to the group, or the program in general, or infringes upon the program or elements of the program or violates the confidentiality covenant stated above. In no event will any refunds be issued. If your credit card is declined and you do not reinstate or replace it within 10 days of the declination, you will be in default.
11. Statements of Intent and Release and Waiver of Liability
You release, waive, acquit, hold harmless, and discharge Catao Island, LLC - Series A dba Reimagine Nutrition and Lacy Catao and agents, successors, assigns, personal representatives, executors, heirs, and complies (collectively called, “We”) from all liabilities and every claim, suit, action, demand, or right to compensation for damages You may claim to have or that You may have raising out of actions, omissions, or commissions taken by You or by "We" as a result of the guidance given by Lacy Catao or otherwise resulting from the coaching relationships contemplated hereunder.
You further declare and represent that no promise, inducement or agreement not herein expressed has been made to You to enter into this Agreement. The Agreement and release made pursuant to this paragraph shall bind your heirs, executors, personal repos, successors, assigns, and agents.
You agree that We may provide You with other sources of information, including but not limited to links to websites, printed materials, or audio, and You understand that We make no warranties as to accuracy nor reliability of such information, including their privacy policies. You will not hold Lacy Catao or Reimagine Nutritino liable for any incident or consequential damages resulting from use or affiliation with such materials.
You acknowledge that Lacy Catao is not a licensed health care provider and does not engage in patient diagnosis or the practice of medicine. Similarly, Lacy Catao is not a counselor or psychotherapist and does not purport to offer mental health care advice.
Information and coaching provided by Lacy Catao and Reimagine Nutrition does not constitute legal, financial, tax, medical, psychiatric, psychological, or other types of evaluation, advice, or representation and is not intended to substitute such evaluation, advice or representation.
You agree to independently assess any decisions, actions or inactions resulting from or relating to the coaching experience based on medical, psychological, psychiatric, legal, tax, financial, or other advice as applicable.
You understand that results are not guaranteed, and it is the sole responsibility of You to make your own opinions, choices and decisions as well as determine appropriateness and effectiveness of services rendered as well as competency of Lacy Catao.
12. Dispute Resolution
Except as may otherwise be provided herein, any controversy or claim arising out of, or related to, this agreement or the breach thereof, or in any way relating to the program, which the parties hereto are unable to resolve after at least 30 days of good faith negotiations, shall be settled by the arbitration in accordance with the commercial rules of the American Arbitration Association and the location shall be in Rhea County, Tennessee before a single arbitrator. The arbitration award may be entered as a final judgement in any court having jurisdiction thereon. Alternatively, if the matter involves non-payment by you, then Reimagine Nutrition and Lacy Catao, in its sole discretion may choose to resolve the dispute in either Small Claims Court or Rhea County Circuit Court. In any case or arbitration, the losing party is responsible for all costs of expenses including attorneys fees of the prevailing party. You agree to the State of Tennessee, County of Rhea as jurisdiction for all courts. You also agree we may take any action in any appropriate court to protect the reputation and good will of Lacy Catao for any breach of the confidentiality or non-disparagement provisions, and seek injunction as appropriate.
13. Governing Law
This agreement has been executed and delivered in the state of Tennessee and the laws of such state shall govern its validity, interpretation, performance and enforcement.
14. Non Disparagement
During the term and thereafter, you agree to take no action that is intended, or would reasonably be expected to harm Reimagine Nutrition or Lacy Catao or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity. You will not make any disparaging defamatory statements about the company to any third parties, or not take any action to disrupt our business nor harm our reputation. Any threatened or actual action will be a default of this agreement and will subject you to damages for defamation, and we will take all actions necessary to prevent such threats or actions. You will be responsible for all legal fees if we have to take any such action.
By affixing Your signature below, you (You/Your/Client), agree and accept that You have read the foregoing terms and conditions.