Updated: Apr 7, 2020
For good and valuable consideration of twenty-nine U.S. dollars ($29) Client has agreed to purchase a monthly subscription to Mindful Eating. . In exchange, Stephanie's Wellness agrees to provide the services outlined in the Membership Site Details below, and Membership Site Addendum attached hereto.
Membership Site Outline:
Client agrees and understands that he/she is purchasing a monthly subscription to Mindful Eating, offering educational resources, group mentoring calls, and a community of like-minded females.
Client acknowledges that he/she has read the Membership Site Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Mindful Eating as well as what is not included.
Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Mindful Eating/Stephanie's Wellness website.
Mindful Eating is not to be considered a substitute for personalized medical, or health and wellness advice. Mindful Eating is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of personalized attention, whether for your health and wellness, or otherwise, please seek additional assistance outside Mindful Eating.
Client understands he or she is purchasing a monthly subscription to Mindful Eating with Stephanie's Wellness.
Following Client’s purchase and access to Mindful Eating, Client will have gained access to various trade secrets and personal intellectual property of Stephanie's Wellness, including but not limited to materials such as verbal, written, and video advice, health/wellness/mindset guidance, and/or other information that may become available for use through Client’s participation in Mindful Eating.
Client understands and acknowledges that this information is not to be openly shared with others who have not purchased a membership to Mindful Eating.
Stephanie's Wellness may request Client provide a testimonial to be published on Stephanie's Wellness and/or Mindful Eating website, or on various sales materials for Mindful Eating or another Program created by Stephanie's Wellness. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Stephanie's Wellness and Client if Client refuses testimonial.
If Client accepts and provides Stephanie's Wellness with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Stephanie's Wellness website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Stephanie's Wellness rights to use Client’s testimonial.
No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Stephanie's Wellness an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Stephanie's Wellness as part of a Testimonial.
Client gives Stephanie's Wellness an unlimited, irrevocable license to repost, share, publish, and otherwise use the text, name, and/or likeness of Client which client voluntarily posts to social media or sends in via email, including but not limited to Stephanie's Wellness and/or Mindful Eating Facebook groups, Stephanie's Wellness Facebook Page, Instagram comments, Instagram DMs to Stephanie's Wellness and/or Mindful Eating, Stephanie L. Lopez, a team member, and Twitter comments.
Client understands and agrees any such comments or messages sent or posted by Client may be captured and reposted by Stephanie's Wellness in any capacity it sees fit, including but not limited to sharing in email marketing, reposting to the public on social media, and otherwise sharing the comment with the public in an effort to publicize and market for Mindful Eating. If Client applies for a Member Showcase via Typeform, she understands there is no guarantee of winning a session with Stephanie L. Lopez or a team member, and Client is freely giving Stephanie's Wellness permission to use any content contained in the application as a testimonial for Stephanie's Wellness Mindful Eating, or otherwise, without any additional compensation owed.
4. Payment and Payment Plans
Client understands the cost of Mindful Eating is payable monthly, in the amount of twenty-nine U.S. dollars ($29), or annually, in the amount of two hundred and ninety-nine U.S. dollars ($299) and charged automatically by month or year, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5).
Client understands he/she is responsible for the full payment each month or year, and agrees to pay the sum requested electronically, via Stephanie's Wellness or Mindful Eating website or a designated third-party payment processor of Stephanie's Wellness choosing, in full. If Client has joined Mindful Eating during a promotional period and has been promised a trial period that is less than the amount outlined above, Client understands that after such trial period, the monthly amount due and payable will be $29 per month, or $299 per year.
Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands Client’s access to Mindful Eating may be restricted if payment is not made within 1 day of the date it is due. If payment is not made on the date it is due, Stephanie's Wellness will continue to attempt to charge Client via the membership site software; if and when payment goes through, Client will again receive full access to the membership site.
If payment is not collected, Client’s access will remain restricted, and Client will carry a balance on her account, showing the month(s) owed. Client must bring her account completely current in order to be granted access. If payment continues to be unsuccessful after sixty (60) days, Client membership shall be revoked and permanently cancelled. Should Client wish to rejoin Mindful Eating, after this period, she must do so at the current price membership is being offered.
Stephanie's Wellness reserves the right to cancel Client’s access to Mindful Eating should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to Stephanie's Wellness for access to Mindful Eating.
5. Auto-Renewal Agreement
Client understands and agrees that continued access to Mindful Eating requires recurring monthly payments of $29, or recurring annual payments of $299, that will be made by Client on the day of the month or year on which they signed up. (For example, if Client joins Mindful Eating on the 5th of the month via monthly membership, they will continue to be charged on the 5th of every month thereafter.)
If Client wishes to cancel his or her membership, Client must do so more than 48 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 48 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following month.
HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to firstname.lastname@example.org with the subject line MEMBERSHIP CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership.
Client will be notified upon Stephanie's Wellness receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 24 hours away.
As outlined above, if Client cancels his or her membership less than 48 hours before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next month, and the cancelation will take effect following this.
If Client purchased access to Mindful Eating during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount of $29 following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.
6. Refund Policy
Stephanie's Wellness is not able to offer refunds once Client has purchased access to the Mindful Eating for any reason, including inability to obtain access to the site. If Client is dissatisfied with his or her membership or otherwise unable to view it in its entirety, he or she may reach out to customer service on CONTACT or email@example.com or may elect to Cancel via the CANCELATION POLICY outlined above in paragraph five (5), and will not be charged for subsequent months.
Client further agrees and understands that changing his/her mind about the Mindful Eating, failing to follow through or understand the details of the Mindful Eating, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
Stephanie's Wellness is not responsible for any specific technology you may need in order to adequately view and utilize Mindful Eating. Client’s inability to access Mindful Eating due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until Client’s membership is properly canceled in accordance with the cancelation policy in paragraph five (5).
8. Voluntary Participation
Client understands and agrees that he/she is voluntarily choosing to enroll in Mindful Eating and is solely responsible for any outcomes or results. While Stephanie's Wellness believes in the services and that Mindful Eating is able to help many people, Client acknowledges and agrees that Stephanie's Wellness is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Mindful Eating and any results therein.
Client also understands she will have the opportunity to provide Stephanie's Wellness with additional personal information, viewable to all Mindful Eating members, including but not limited to location, industry, and other information. All information is completely voluntary and optional to complete, and Client does not gain or lose anything in Mindful Eating for choosing to complete or not complete the additional information. Client understands this information will only be viewable to others inside the Mindful Eating, and understands that should he/she elect to complete the information, he/she is doing so completely voluntarily, and that The Société and Stephanie's Wellness are not responsible for any negative results from such information dissemination.
9. Disclaimer /No Guarantees
While many of Stephanie's Wellness past and current clients have experienced wonderful benefits from the content contained in The Société, Stephanie's Wellness cannot guarantee results from any of the content on The Société, and cannot make any representations or guarantees regarding individual results. Client will hold Stephanie's Wellness/Mindful Eaitng harmless if he or she does not experience the desired results.
Client understands that all services provided by The Société and Stephanie's Wellness in connection with Mindful Eating being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to Mindful Eating and work with Stephanie's Wellness on a purely voluntary basis and does not hold Stephanies Wellness or Mindful Eating responsible should Client become dissatisfied with any portion of Mindful Eating
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of Mindful Eating, as long as Stephanie's Wellness delivers Mindful Eating as described in the Addendum below.
Client also agrees to hold Stephanie's Wellness harmless should any physical, emotional, or financial injury occur as a direct or indirect result of Mindful Eating. The content provided by Stephanie's Wellness on its website and within Mindful Eating is comprised of information that has worked for Stephanie's Wellness and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Stephanie's Wellness cannot guarantee results from this Mindful Eating, and has no expectation of a specific result that he or she holds Stephanie's Wellness responsible for.
Client also understands he or she is purchasing the Mindful Eating and participating freely and voluntarily. The information contained within Mindful Eating may not be suitable for all persons and all health and wellness levels, and Client understands he or she may need to modify, edit, or change some of the educational lessons within Mindful Eating in order to make it applicable to Client’s business.
Not Medical or Professional Advice:
The purpose and goal of The Société is to provide Client with monthly education and assistance. The Société and content contained within Mindful Eating is not to be considered personalized health and wellness, medical, legal, or financial advice, and nothing within Mindful Eating is intended to provide or act as a substitute for mental and physical health treatment. Stephanie's Wellness encourages Client to consult the relevant professional needed if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase access to Mindful Eating will have done any additional research necessary and has concluded that Mindful Eating offered is right for them.
10. Mindful Eating “Shop” Section
Inside Mindful Eating, Clients have access to a “Shop” page that includes offerings, deals, and coupon codes for some of Stephanie's Wellness favorite products and/or brands. Client understands that Stephanie's Wellness is not responsible nor liable should Client elect to utilize any products or services within the “Shop” section of Mindful Eating, and any such decision to do so is wholly voluntary and outside the scope of Mindful Eating. The Shop section is no more than a recommendation list of products and services Stephanie's Wellness likes and/or uses, which may or may not be useful to members of Mindful Eating.
If Stephanie's Wellness has any material relationship with any products, services, or companies (including but not limited to affiliate relationships allowing Stephanie's Wellness to collect a commission for any products or services purchased through these links), such material relationship will be disclosed on or near the link to each Company, identifying it as an “affiliate” link. Those marked with “affiliate link” notations means Stephanie's Wellness is an affiliate of this company, and will receive financial compensation should Client elect to purchase the product or services offered.
11. Intellectual Property
Client agrees and understands that Stephanie's Wellness has created numerous original, creative works in connection with Mindful Eating, and agrees that Stephanie's Wellness maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in Mindful Eating, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Stephanie's Wellness. Client agrees she may be granted a limited right to use selected materials in the course of his or her own health and wellness but understands that the original proprietary rights remain with Stephanie's Wellness. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Stephanie's Wellness to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of Mindful Eating.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Stephanie's Wellness or obtained through working with Stephanie's Wellness, without Stephanie's Wellness express written consent. If such behavior is discovered or suspected, Stephanie's Wellness reserves the right to immediately end Client’s participation in Mindful Eating without refund, as well as access to any Mindful Eating or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Stephanie's Wellness Limited License to Client: Client understands that in purchasing Mindful Eating, she/he is gaining access to view all content and information available as part of Mindful Eating. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to use the information provided as instructed or allowed by Stephanie's Wellness . As a “Licensee,” Client understands and agrees that Client will not:
-Copy, edit, distribute, duplicate or steal any information or any Content obtained through Mindful Eating without written permission by Stephanie's Wellness; -Post, distribute, copy, steal or otherwise use any portion of the Mindful Eating or its content, or information obtained via other members in the group Mindful Eating without written permission by Stephanie's Wellness, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
- Claim any content created by Stephanie's Wellness as part of Mindful Eating or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Stephanie's Wellness was Client’s work, and use in his/her business as his/her own. - Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Client agrees at all times to defend, fully indemnify and hold Stephanie's Wellness and any affiliates, agents, team members or other party associated with Stephanie's Wellness harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Mindful Eating, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Mindful Eating. Should Stephanie's Wellness be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Stephanie's Wellness defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Stephanie's Wellness, free of charge.
13. Dispute Resolution
Should a dispute arise between Stephanie's Wellness and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Stephanie's Wellness responsible for any specific results, or those results which have been achieved by other clients of Stephanie's Wellness.)
If unable to reach a resolution informally, Client and Stephanie's Wellness agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Virginia Beach, Virginia or Mayagues, Puerto Rico within a reasonable amount of time. Client and Stephanie's Wellness agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
14. Applicable Law
This Agreement shall be governed by and under control of the laws of Virginia or Puerto Rico regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Virginia or Puerto Rico are to be applicable here.
This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Stephanie's Wellness, or a party authorized to sign on behalf of either party.
MINDFUL EATING MEMBERSHIP OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing a monthly subscription to Mindful Eating. While the below is subject to change, at the time of purchase, Mindful Eating includes access to the following:
The Stephanie's Wellness Mindful Eating membership, including all content and resources that have been created since inception of the Membership.
Monthly Success Kits, delivered on the 1st of each month containing;
- Trainings on various topics that have been deemed relevant to health and wellness, with corresponding handouts, workbooks, or other material.
- Group Mentoring Sessions twice a month lasting approximately one hour.
- Access to an exclusive Facebook community only for Mindful Eating members. - Additional resources, guides, and services as created by Stephanie's Wellness.