I hereby acknowledge and agree:
1. The purpose of nutritional counseling is to improve the overall health, vitality and well-being of the body through nutritional education and the use of natural foods and non-medicinal nutritional supplements. The Registered Dietitian, Amanda Frothingham, does not diagnose diseases, disorders or conditions.
2. The Registered Dietitian, Amanda Frothingham, is not a Naturopathic Doctor or Medical Physician.
3. As part of the Nutritional Counseling 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 Registered Dietitian to: (i) assess my knowledge of nutrition, (ii) education me about the benefits of sound nutritional practices and (iii) recommend dietary and lifestyle changes to improve my general health, vitality and overall well-being. The Registered Dietitian, Amanda Frothingham 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 Registered Dietitian, Amanda Frothingham, 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 Registered Dietitian, Amanda Frothingham, 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 Registered Dietitian, Amanda Frothingham. 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 Nutrition Counseling Services to me, the Registered Dietitian, Amanda Frothingham, 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. Payment Plans/ Late Payments - Fees for this program are due in full or, if You signed up for a payment plan, according to Our payment plan. By signing up for a payment plan, You authorize Our continued access to Your financial information stored by Our third-party financial processing company until Your payment plan is complete. Late payments are subject to a 3% interest charge per month for any outstanding sum left unpaid. For all payments that are more than 60 days outstanding, The Balanced Peach, LLC reserves the right to send You to collections, upon which You will owe the total amount of all outstanding payments, plus any collection costs including reasonable legal fees. You understand that certain payment plans last longer than the duration of the PROGRAMS, and if you signed up for one of these 6-, 8-, 10-month, or longer payment plans they will continue despite the completion of the program. In the event you chose to dispute a transaction with your financial institution, we reserve the right to present proof of Your access to the PROGRAMS and these Terms of Use to the financial institution investigating the dispute.
8. Refunds - Upon execution of this Agreement, the Client shall be responsible for the payment amounts, on the payment dates, set forth. If Client cancels any Service for any reason whatsoever, Client shall not be entitled to a refund. Any payment made is NOT refundable.
9. Chargebacks and Payment Security - To the extent that Client provides Coach with credit card information for payment on Client’s account, Coach shall be authorized to charge Client’s credit card(s) for any unpaid charges. Client further agrees it shall not cancel the credit card provided as security without concurrent notice to Coach at the time such credit card is canceled and the furnishing of replacement credit card information. The coach is not responsible for any overdraft charges, over-limit charges, or NSF fees by your bank or credit card company.
10. No Transfer of Intellectual Property - Amanda Frothingham's copyrighted and original materials shall be provided to the Client for the Client's individual use only. The client shall not be authorized to use any of Amanda Frothingham's intellectual property for the Client’s business purposes. All intellectual property, including Amanda Frothingham's copyrighted course materials, shall remain the sole property of Amanda Frothingham. No license to sell or distribute Amanda Frothingham's materials is granted or implied.
11. Confidentiality - Amanda Frothingham has the right to use case studies of the Client’s situations and results or Client testimonials in future work but without making reference to the Client’s full identity. Client will always be contacted for approval prior to any case study or testimonial being published in which the Client will be identified by full name.
12. Force Majore - The Balanced Peach, LLC may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of the company that materially affects the performance of Services, such as an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms, infestation, plague, or other similar occurrences), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of The Balanced Peach, LLC such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
13. Amanda Frothingham is in no way liable for my health or safety.
14. In consideration of my participation in the Nutritional Counseling Services, I hereby accept all risk to my health, including injury or death that may result from such participation and I hereby release the Registered Dietitian, Amanda Frothingham, 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 Nutrition Counseling Services, whether caused by negligence or otherwise.
15. I understand that any therapies I undertake at The Balanced Peach are undertaken of my own free will. I accept that the ultimate responsibility for my health care is my own and that The Balanced Peach 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.