The Intuitive Health Academy MEMBERSHIP AGREEMENT

 

Thank you for enrolling in The Intuitive Health Academy (“Membership”). 

All sales are final for this Membership and payments will continue to be charged until the Subscription is canceled manually, pursuant to terms & conditions (the “Agreement”) below. 

By clicking “Complete my purchase”, “Buy Now”, or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Membership for which these terms appear, you (hereinafter referred to as “you” or “Client”) agree to be provided with the Membership created by Fabio Bellanova, ("Creator") in his capacity as owner of Intuitive Health Mentorship LLC (“Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions: 

 

 

• INTRODUCTION

 

 

Intuitive Health Mentorship LLC (“Company”) is a company that provides people with holistic health coaching services to assist them to reach their true potential through nutrition, movement, mindset and becoming knowledgeable and intentional about their choices. 

 

Company has created Intuitive Health Academy ("Membership") as an ongoing subscription-based platform to educate and help Client reach his/her fullest potential through utilizing proper movement techniques and/or understanding nutrition fundamentals, work on Client’s mindset blocks, and overcome Client’s limiting beliefs.

 

Membership is a monthly subscription to the Intuitive Health Academy, a 12-week program that includes an online learning platform with pre-recorded videos, a private community, and Bi-weekly Q&A Calls. 

 

There is one (1) subscription option to enroll in the Membership: a monthly subscription. Client has the option to select the preferred subscription option at checkout and this Agreement will be bound by that selection as the term of this Agreement, and shall be obligated to make all payments pursuant to Client’s selection.

 

2. PAYMENT & FEES

 

(a) Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Membership (the “Membership Fee”), regardless of what payment option Client selects at checkout. 

 

(b) This is a subscription-based product with recurring billing, pursuant to the time frame selected by Client at checkout. The initial Membership Fee will be billed at checkout and the start of Client’s membership; the recurring Membership Fee will be billed monthly. Payments will be automatically billed via the same payment method used at checkout. See Section 3 (Cancellation) with instructions to cancel.

 

(c) Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment. 

 

(d) If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Client forfeits his/her right to access the Membership. 

 

(e) The Client shall not threaten or make any charge-backs to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Client to Company for the Membership, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a charge-back, Company reserves the right to report the incident to credit reporting agencies as a delinquent account. 

 

(f) Late Fees - Company understands that, from time to time, there are issues with payment. All payments must be received by Company within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $10.00 USD. Any payments not received within 10 days of their due date shall result in Clients breach of these terms and may result in removal of access to the Membership. Client shall still remain responsible to make all payments due and owing under this Agreement to Company in the event Client’s access to the Membership is revoked.

 

 

3.     TERM, TERMINATION & CANCELLATION

 

(a) Term - The Term of the Agreement shall be for at least as long as the subscription package purchased by Client, with the exception of Sections 8 through 11, which shall survive the Term of this Agreement, and continue until either party terminates pursuant to the cancellation policy below. 

 

In other words, if Client selects the monthly option, then Client will be charged for one month and the Term of the Agreement shall be for at least one month and continue month-to-month until terminated by either party;

 

(b) Termination - Client dissatisfaction with Company and/or Membership mentor’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client. Even if Client does not complete all portions of the Membership, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Membership at checkout and executing this Agreement.

(c) Cancellation - This is a subscription-based Membership. The subscription shall automatically renew at the end of the initial term (ie. the package Client selected at checkout) until Client cancels. In order to cancel their Membership and terminate the Agreement, Client must notify Company in writing via email at [email protected] at least two (2) weeks before the initial term expires in order to avoid being billed for the renewal (“Cancellation”). After Cancellation, Client may continue to use their account for the Membership for the duration of their billing period. Following Cancellation, you will lose access to all information, workshops, group communities and other Membership content.

 

4. DISCLAIMERS

 

(a) The Company is not a doctor, nurse, registered dietician, physical therapist, occupational therapist, psychiatrist, psychologist, therapist, master of science in nutrition, certified personal trainer, or other agent of Client’s business. The Company may offer their opinion regarding health and/or personal decisions, but it is the responsibility of Client to make the final decision and choose the best option for him/herself.

 

The Mentors are health and mindset coaches, who offer Coaching Services in the form of Health Coaching, Nutrition Coaching and Mindset Coaching (herein collectively referred to as “Coaching Services”). Health Coaching is tailored personal development geared towards helping Client learn about the holistic health lifestyle. Nutrition Coaching is assisting Client to learn nutrition fundamentals and utilize these principles to make healthier eating choices for their bodies. Mindset Coaching is assisting Client to work through limiting beliefs and overcome mindset obstacles to build confidence in an effort to benefit Client’s goals. 

 

(b) Client understands that the Membership is created to help Client learn new skills and assist Client with finding their own direction. Client understands that the Membership has been designed by Company for general educational and informational purposes only, with the goal of teaching Client about the holistic health lifestyle and assisting Client with finding their own direction. Nutrition Coaching is assisting Client to learn nutrition fundamentals and utilize these principles to make healthier eating choices for their bodies. Mindset Coaching is assisting Client to work through limiting beliefs and overcome mindset obstacles to build confidence in an effort to benefit Client’s goals. Through the Membership, the Company might provide guidance regarding health decisions, but it is ultimately the responsibility of the Client (and only the Client) to make the final decision for his/herself. 

 

Client agrees that Company is not responsible for any physical injuries, diseases, illnesses, or other health conditions that might arise during or after the Membership. Client agrees to hold Company harmless of any liability regarding any diagnosis of any such injury or health condition that arises during or after the Membership. If Client is aware of a pre-existing injury, disease, or health condition, Client hereby acknowledges that he or she has consulted a doctor. By signing this Agreement, Client hereby acknowledges that he or she has been cleared by a doctor to continue with Company, Coaching Services, and the Membership.

Client hereby acknowledges that Client is solely responsible for the amount and type of progress that Client achieves by implementing techniques and advice provided by Company. Client also acknowledges that Company cannot and does not guarantee that implementation of the Coaching Services and Membership will provide Client with a physical or health transformation. Client also agrees that he/she is solely responsible for any decision regarding his/her personal health and indemnifies Company from any liability regarding said decision.

Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Membership. Client agrees that use of this Membership is at Client’s own risk. 

(c) Client hereby acknowledges that health and mindset coaching are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. Company and/or Coach may use its personal judgment to provide the Membership services to Client, even if these methods do not follow strict adherence to Client’s suggestions. 

(d) This Membership may include access to third-party content, provided as a courtesy. Company is not responsible or liable for any third-party content inside the Membership. 

(e) This Membership does not include: 1) professional advice regarding eating disorders; 2) performing any physical and/or occupational therapy services for Client; 3) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 4) in-person personal training services; 5) medical advice; 6) advice regarding injuries, health conditions, and/or other defects; 7) one-on-one Coaching Services. 

 

(f) Communication With Other Members - Company shall not be held liable, either directly or indirectly, for Client’s communication with any other student or third-party that may or may not be part of the Membership. For instance, as part of the Membership, the Company may encourage students to broaden their knowledge about health and well-being by collaborating with other third-parties. These are mere suggestions and it is important to note that creating relationships and communicating with third-parties is the sole responsibility and at the sole discretion of the Client. Company is not liable for the actions of those third-parties, nor is Company to be held responsible for any communications, conflicts, or damages that occur through Client’s communication and/or collaboration with a third-party. While Company will take reasonable measures to ensure there is no injurious communications inside the Membership, it is the responsibility of all students to act with their own volition and discretion when communicating with others.

5. MEMBERSHIP SPECIFICS

 

The Membership includes pre-recorded videos, presentation slides, workbooks, and/or other resources. The Membership also includes bi-weekly Question & Answer group calls to assist the Membership Clients as a group to better understand the techniques and strategies discussed in the modules. The Company also agrees to provide additional feedback in the form of a private community created exclusively for the Membership Clients.

 

Company reserves the right to substitute services equal to or comparable to the value of Membership if reasonably required by the prevailing circumstances as determined exclusively by Company. 

This Membership may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Membership if reasonably required by the prevailing circumstances as determined by Company. Access to this Membership is currently through a third-party platform, Kajabi, LLC. (“Kajabi”). Company is not liable for any limitation of access to the Membership caused by Kajabi. 

 

6. Client’S RESPONSIBILITIES

 

(a) The Membership has been developed for educational purposes only. The Company has established its proprietary Membership in order to educate and inspire Client to pursue their personal health goals. However, Client hereby acknowledges that Company does not guarantee Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Membership. Client accepts and agrees that Client is 100% responsible for his/her results from the Membership. Client acknowledges that, as with any investment, there is an inherent risk associated. As such, Client agrees there is no guarantee that Client will attain his/her goals by simply enrolling in the Membership or utilizing the tools, resources, or advice provided therein.

 

(b) Community Guidelines - By participating in the Membership and executing this Agreement, Client hereby agrees to abide by all Company Membership Community Guidelines, which are as follows: 

• Be supportive. We’re here to push each other to make better choices and grow as a person. Support and empower your fellow members.
• Show up as you are. Your stories and experiences may be exactly what another member needs to hear today to solve a problem or overcome a challenge.
• Use the correct topics. To ensure people can find what they are looking for, please use the topics as they were intended.
• Keep topics clean and organized. If you want to reply to a specific post, make sure to comment directly under the post instead of creating a new one.
• Respect privacy. Do not share personal information about others outside of the group container. If you share private details or screenshots of private messages, please black out the names.

(c)Zero Tolerance Policy - Company employs a Zero Tolerance policy inside the Membership as it pertains to harassment of Company representatives and/or other students inside the Membership. 

 

“Harassment” shall include, but is not limited to, abusive language (ie. excessive cursing, threatening language, name-calling), volume of messages (ie. demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (ie. with other students through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more.

 

If Client or any other student harasess a Company member or other student inside the Membership, Company will give one (1) warning to Client or the student to modify their behavior. Thereafter, upon a second incident of Harassment, Company will immediately remove the Client or student from the Membership with no money back. Whether or not a student is considered to harass another is at the sole interpretation of Company and will be a decision made based on the facts and evidence at-hand (ie. writings, emails, screenshots, etc.). 

7. REFUND POLICY

 

All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds. Membership Fees are non-refundable and there are no credits for partially used enrollment periods.

 

8. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT 

 

Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Membership. As such, Client agrees and acknowledges all Confidential Information shared through this Membership and by the Company is confidential, proprietary, and belongs exclusively to the Company.

 

“Confidential Information” includes, but is not limited to:

• Any systems, sequences, processes or steps shared with Client;
• Any information disclosed in association with this Agreement;
• Any systems, sequences, processes, or trade secrets in connection with the Membership or Company’s business practices.

 

Testimonials - Company also agrees to protect Client’s personally identifiable information. However, from time to time, Company may use general statements about Client’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Client agrees to Company sharing Client’s success stories as testimonials in any matter across any media at the sole discretion of Company.

Non-Disparagement - Client agrees, during and/or after use of Membership, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s Membership, business, services, programs, or reputation.

 

9. INTELLECTUAL PROPERTY & LIMITED LICENSE

 

Intellectual Property - This Membership and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s Memberships include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid Memberships (collectively referred to as “Intellectual Property”). 

 

Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Client to use the Intellectual Property for Client’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Client acknowledges that his/her purchase of this Membership is for his/her/its single individual use. Client shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any Memberships or parts of the Membership without prior written consent or unless provided otherwise. 

 

If Client is also a business owner or professional in a similar industry, Client shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:

• Teaching Client’s Clients/Clients/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Client’s own;
• Copying any of Company’s Membership content and/or material for Client’s commercial use;
• Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent. 

 

10. INDEMNIFICATION / LIMITATION OF LIABILITY

 

Client hereby acknowledges that Company is not liable for any injuries that may arise from Client’s actions, omissions, or decisions based off Client’s participation in this Membership, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s health and lifestyle decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Membership. 

 

11- Access to this Membership is currently through a third-party platform, “Kajabi”, Company is not liable for any limitation of access to the Membership caused by Kajabi.

 

11. MISCELLANEOUS

 

1.               Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
2.               Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
3.               Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
4.   All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us. 
5.         Governing Law - Intuitive Health Mentorship LLC is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of Florida State.
6.               Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration. 
7.       Maximum Damages - Client agrees and acknowledges that the maximum amount of damages that Client may be entitled to in any claim arising from this Agreement or Membership shall not exceed the total cost of the Membership.

H. Execution – Client agrees to accept the above Agreement in its entirety when Client selects and confirms “I have read and agree to the terms and conditions of this page as follows:” at the Membership checkout page and by rendering first payment.