Wendy Leung Coaching:
Conquer IBS, Reignite Your Life! Terms of Enrollment
Please read carefully. This is a legal contract.
By enrolling in the Conquer IBS, Reignite Your Life self-study program you are agreeing to these terms.
Wendy Leung Coaching (herein referred to as “Company”) agrees to provide Program, “Conquer IBS, Reignite Your Life” (herein referred to as “Program”) in the following format:
- Twenty-six (26) weekly Video lessons, PDF slides and PDF worksheets for Program
- Access to Program membership website (lifetime access to curriculum)
- Access to the private Conquer IBS Self-Study Tribe Facebook group (herein referred to as “Forum”) for self-study program participants, whereby you can engage with and support other participants
- Access to monthly Conquer IBS Self-Study Tribe Facebook group Q&A posts whereby you gain support for your journey from Wendy Leung or designated facilitators (herein referred to as “Coach”).
Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
You are not entering into a patient-healthcare-provider relationship with Coach and Coach is not providing any medical advice, diagnosing, or prescribing. Instead, this educational program is informed by Coach’s expertise as a Registered Acupuncturist and is designed to empower you through nutrition, mindset and holistic wellness practices. Coach is not representing herself as a registered nutritionist or dietician. Due to the nature of the online program, any medical issues arising throughout the program must be deferred to your local healthcare professional.
All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this Program only.
Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent. Any disclosure, reproduction and sale by Customer to a third party is strictly prohibited.
The information contained in Program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
Company assumes no responsibility for errors or omissions that may appear in any Program materials.
User names and passwords may not be shared with any third-parties.
Any violation of Company’s policies regarding content usage shall result in the immediate termination of Customer’s enrollment without refund.
3. Payment Terms
Customer has elected to pay by one of the following methods; (1) In FULL, the total price of this Program is Nine Hundred Ninety Seven Dollars ($997.00 USD), or six (6) monthly payments of $227.00 USD due every thirty days.
- Methods of Payment
- If Customer elects to pay by monthly installments, Customer authorizes the Company to charge Customer’s credit card, debit card, or PayPal account and no separate authorization is required to do so. If Customer elects to pay in FULL, Customer may pay by credit card, debit card or PayPal account.
- Customer’s failure to make or permit payments as set out, will cause irreparable harm to Company for which damages would be difficult, if not impossible, to measure, including expenses incurred in connection with losses resulting from any delay. Therefore, considering the damages for losses reasonably expected to be incurred, Company shall charge 1.5% late penalty monthly to all balanced that are not paid when due.
- No Extensions or Pauses. The Program is six months in duration, to occur continually and consecutively, commencing on the date of first payment. There are no extensions or pauses granted to any Customer who enrolls as Customer has lifetime access to the curriculum.
- No Refunds. Upon consenting to this Agreement, Customer is responsible for full payment of fees for the entire Program, regardless of whether Customer has selected a lump sum or monthly payment plan. If Customer elects to discontinue their use of the Program for any reason, Customer is still responsible for any and all outstanding balance(s).
- Chargebacks & Payment Security. You hereby agree not to make any chargebacks to Company’s account. Furthermore, you agree that you shall not cancel the credit card provided without concurrent notice to Company at the time such credit card is cancelled and the furnishing of replacement credit card information. You are responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with Company’s collection of payment hereunder.
- Failed Payments. In the event that you fail to make any of the payments within the time prescribed, Company has the right to immediately cease all work and revoke access to the Program groups and materials until payment in full is paid. In addition, should payment fail to be made within 30 days of the due date, in addition to all other amounts due hereunder, interest on the unpaid balance will accrue at a rate of 1.5% per month.
4. Intellectual Property
Company has created a unique Online Program to help you improve your digestion, your nutrition and your way of life. You hereby acknowledge that all content distributed within the Program belongs exclusively to Wendy Leung, the sole Copyright Owner of the original materials. By receiving the materials from Company, you have license to use them for your individual use only. You are strictly prohibited from reproducing any part of the materials or sharing them with others without Wendy’s explicit permission to do so. All of the Coach’s intellectual Property, including her copyrighted program materials shall remain the sole property of the Coach.
The Company respects Customer’s privacy and insists that Customer respects the Company’s and other Program Participants (herein referred to as “Participants”). Thus, Customer agrees that any Confidential Information shared by Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during live calls, from the forum or otherwise.
Customer agrees not to use such confidential information in any manner other than in discussion with other Participants throughout Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, intellectual property, trade secrets, and other proprietary information.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Customer agrees not to infringe upon the Company’s proprietary or intellectual property rights. Furthermore Customer will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Customer including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses, or results, experience, or statements, oral or written. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party.
Further, by signing below you agree that if you violate or display any likelihood of violating this section the Company and/or other Participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
If Company shares any case studies with regard to your journey, your anonymity will be maintained. If Company would like to share a unique story or get a testimonial your consent will be obtained before publishing any content, whereby you will have the option to be identified by name.
6. Media Release
Company would love to be able to showcase your success as a case study. You agree to grant Wendy Leung the irrevocable right and permission to use, throughout the world and in perpetuity, your image, likeness, photographs, video content, audio recordings, written content or any other record of you that is captured during or in relation to “Conquer IBS, Reignite Your Life!” or as a Coach, whether by you, Coach, or a third party, for any purpose whatsoever. This gives Company permission to use photos of you that you take, she takes, or someone else takes that are related to you being a client and to use any written commentary or testimonial you may post about the Program or Coach on any of your social media platforms without requiring any express permission from you. For example, if you take a photo of yourself before starting the coaching program and then you post progress photos afterwards, Company can post it on its website, Instagram, Facebook, Twitter or other social media platforms. Or if you post a photo of yourself on your Instagram account with content relating to the Program, she is permitted to repost it on her social platforms. If you do not like a photo you can request for it to be taken down as Company does not want to put up content that you are not proud of.
7. Important Legal Acknowledgments.
Please read this section. It is important that you understand that there are risks from enrolling in an online program and that if you do become ill or injure yourself, Wendy Leung is not responsible and cannot be held liable.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. YOU ARE ABOUT TO SIGN AWAY SOME OF YOUR LEGAL RIGHTS. MAKE SURE YOU UNDERSTAND THIS AGREEMENT.
- Inherent Risks. You understand that participating in the online self-study program, whereby you may change your diet and nutrition, has inherent risks some of which may be more obvious than others. These risks include but are not limited to dizziness, fainting, physical discomfort, and any other pain resulting from change in diet or nutrition, whether or not the symptoms came as a result of the negligence of yourself or negligence of others. You acknowledge that you are in good general physical and mental health and that you are able to make adjustment in your nutrition and diet.
- Medical Disclaimer. You acknowledge that the Company and Coach are providing educational services, however you are not entering into a patient-healthcare-provider relationship as the Coach is not acting in the capacity of a registered healthcare professional, dietician or nutritionist. You are advised to consult with your doctor prior to any nutritional modifications in your diet. She is not diagnosing or treating any disease or prescribing any medications or supplements. You acknowledge that prior to beginning the Program you are certain that your physical and mental health are sufficient for you to participate in the Program and to modify your nutrition. It is understood between the Parties that participation in The Program means you have taken the necessary precautions to ensure that you are healthy enough to do so.
- Voluntary Assumption of Risk. Having read this section of this Agreement and being fully aware of the risks of participation in the coaching program, your signature at the bottom of this Agreement and participation in the online coaching sessions illustrates your voluntary participation and assumption of the risks of the Program related to your use, misuse or non-use of the Program or any Program materials. You further agree that you have full capacity to agree to the voluntary participation in the Program.
- No Warranty. Program is developed for strictly educational purposes ONLY. Customer accepts and agrees that Customer is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Customer understands that because of the nature of the Program and extent, the results experienced by each Customer may significantly vary. Customer acknowledges that as with any educational program, there is no guarantee that Customer will reach their goals as a result of purchase of Program.
- Release, Waiver, and Indemnity. Customer agrees they used Company’s services at their own risk and that Program is only an educational service being provided. In consideration of Company allowing you to participate in the online sessions and for good and valuable consideration, you hereby release Wendy and her agents, employees, contractors, heirs, executors, administrators, successors, and assigns from any liability and damages arising from the services provided, including physical or financial damages, personal injuries or death, however caused including out of negligence, during your participation in the Question and Answer with Coach. You understand that you are releasing Wendy Leung of liability at your own risk and that you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Program. Further, you agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. You hereby indemnify and hold harmless Wendy and her agents, employees, contractors, heirs, executors, administrators, successors and assigns from any and all liability for any damages, financial loss or personal injury resulting from your participation in the Program.
8. Dispute Resolution.
If problems arise, Company wants to be prepared and know that you are willing to have honest and open communication. If a dispute arises out of, or in connection with this Agreement, the parties agree to meet in person (or via online video conference) with an objective third party to act as the mediator, to be selected using a roster mediator in Toronto, Ontario, Canada to pursue resolution through negotiation and mediation before resorting to further legal recourse or litigation. If the dispute cannot be resolved after 30 days of mediation, and in the event of legal action, the prevailing party shall be entitled to recover all legal fees and court costs from the other party. All legal action must take place in the jurisdiction of the appropriate court located in Toronto, Ontario, Canada.
9. Good Faith.
Each party agrees and promises to the other that such party has acted in good faith, and agrees to continue to do so during the negotiation, execution, delivery, performance, and any termination of this Agreement. This extends to good faith during dispute any resolution process.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
11. Standard Legal Terms: Jurisdiction.
This Agreement will be governed exclusively by the laws of the Province of Ontario. In any judicial proceeding involving a dispute arising from or with respect to this Agreement, the parties agree to submit to personal jurisdiction of the courts located in the city of Toronto, Ontario. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Company and Coach of any breach by You of any provision of this Agreement will not be taken to be a waiver of any further breaches by You. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document.
CONFIRMATION AND UNDERSTANDING OF AGREEMENT
You confirm that by purchasing this Program, you have read and understood this Agreement prior and you voluntarily agree to its terms. You are aware that this is a binding legal contract and that by enrolling in this Program, you are waiving certain legal rights which you or your heirs, next of kin, executors, administrators, assigns and representatives may have against Company and Coach.
Last updated: April 2020