FUNDAMENTAL HEALTH
User Agreement for FUNDAMENTAL HEALTH
The Reengage Program
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING FUNDAMENTAL HEALTH’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, WRITTEN OR VIRTUAL PUBLICATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH FUNDAMENTAL HEALTH MIND MASTER PROGRAM. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:
A. YOU HAVE READ THIS AGREEMENT,
- YOU UNDERSTAND IT, AND
- THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between FUNDAMENTAL HEALTH, LLC, (“FUNDAMENTAL HEALTH”), and (“YOU”, an individual) (collectively the “Parties”).
WHEREAS, FUNDAMENTAL HEALTH is engaged in this business of personal and business coaching services; and
WHEREAS, YOU desire to engage FUNDAMENTAL HEALTH to provide coaching services to YOU in the form of personal coaching and evaluation;
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1. Programs : Under the terms of this Agreement, FUNDAMENTAL HEALTH agrees to provide business coaching services to YOU in the form of GROUP MEETINGS, and Audio and/or Visual FUNDAMENTAL HEALTH Presentations in exchange for a Program Fee. Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
1.1.2. Term : The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the Reengage Program .
1.1.3. Termination : FUNDAMENTAL HEALTH may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2. Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay FUNDAMENTAL HEALTH
A. The sum of $99.00 per month for access to and use of The Reengage to include:
- Weekly Group coaching calls - "Office Hours"
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by FUNDAMENTAL HEALTH, YOU affirmatively agree and acknowledge that FUNDAMENTAL HEALTH may at any time reproduce agreement and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). YOU agree that your name and likeness may appear in group calls and future marketing. YOU further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful. YOU agree this includes any statements sent to Lindsey Paoli or posted to social media during the course of The Reengage.
1.4. No Refunds : FUNDAMENTAL HEALTH abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by FUNDAMENTAL HEALTH. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that FUNDAMENTAL HEALTH provides Program(s) related to coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone's success is different, and dependent on factors such as your own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own earnings or success. In other words: I do not guarantee results, you are responsible for your own success.
2.2. Limited Liability: In no event will FUNDAMENTAL HEALTH be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if FUNDAMENTAL HEALTH has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.3. Commitment to the Program: By accepting the terms of this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program(s) to the best of your ability. You further agree to attend ALL scheduled coaching sessions included as part of the Program. You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly attained access to any Programs offered by FUNDAMENTAL HEALTH by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the self-development, business development, and MIND Fundamentals, are the sole Intellectual Property of FUNDAMENTAL HEALTH under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and FUNDAMENTAL HEALTH, FUNDAMENTAL HEALTH and its third-party licensors own and shall continue to own all right, title, and interest in and to the Audio and/ or Visual Presentations, Documentation, and other elements of the System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the System, or any other intellectual property rights of FUNDAMENTAL HEALTH, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that FUNDAMENTAL HEALTH uses in connection with services rendered by FUNDAMENTAL HEALTH are marks owned by FUNDAMENTAL HEALTH. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1. Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold FUNDAMENTAL HEALTH, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and FUNDAMENTAL HEALTH concerning the Program, and this Agreement supercedes and replaces any prior proposal, representation, or understanding YOU may have had with FUNDAMENTAL HEALTH relating to the Program, whether oral or written.
4.4. Amendment: FUNDAMENTAL HEALTH reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.lindseypaoli.com.
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of Nevada. The venue for any dispute shall be in the County of Clark.
4.6. Attorneys' Fees and Legal Expenses: If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.
BY CLICKING ABOVE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.
Disclaimer: None of the work done in coaching is considered therapy, and Lindsey is no longer a licensed therapist. While the work done in the program is helpful in nature, it cannot be defined as therapy.