TERMS OF PURCHASE
Kelsey Kerr Coaching

By clicking “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Kelsey Kerr Coaching (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

1. TERMS

Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide services described herein Coaching Program (“Program”). The scope of services delivered by the Company pursuant to this Agreement shall be limited to those described as follows: self-paced health program and coach led program at a time and frequency as determined solely by the Company.

a) CONTENT AND CLIENT SUCCESS

The Company reserves the right to substitute comparable services to the Program for Client if circumstances make such substitution appropriate, necessary, or to add value to the Program. Such circumstances may include but not be limited to vacation or other time off by the principal(s), employees and agents of the Company, coaching calls led by guest content contributors, or unforeseen circumstances, the necessity of which will be determined solely by the Company. Client is responsible for his/her own success within the Program, by completing the action items within the Program, attending and participating in coaching calls, and presenting any clarification, questions, or requests to the Program leaders.

b) SCOPE AND NON-REPRESENTATION

From time to time, The Program may have expert contributors who are licensed professionals. Program content may from time to time educate Client as to considerations relating to health, wellness and other expert subjects that may be relevant to Client’s health. This information in no way constitutes legal, financial, medical, or any other professional advice to Client. Purchase of the Program in no way creates a fiduciary relationship, nor privilege in any way. Neither the Company nor its content contributors represent Client in any capacity. Any legal or professional services topics discussed in the Program are for informational purposes only. Client agrees to seek advice from their own separate attorney, medical doctor and/or professional service provider to determine what if any course of action is appropriate for Client and Client’s unique circumstances.

c) PERMITTED USE

The Program is for Client’s individual personal use only. All content, copy, assignments, principals, assessments, and teachings whether presented in writing, by Kelsey Kerr Coaching, recording, or live are the intellectual property of the Company. Any duplication, copy, summary, or dissemination of Program content in whole or in part is unauthorized and strictly prohibited.

Client’s purchase is for a single license. Client agrees not to share login details and/or Program materials with any third parties, even those within Client’s organization.

d) REFUNDS AND TERMINATION

The Company does not offer refunds or cancellations of any kind to ensure that clients are fully committed to the Program. Client is responsible for the full program fee even if in the event, the client is unable to fully participate in the program.

The Company reserves the right to remove Client from Program at any time for any reason. If Client is removed from the Program as a result of behavior that The Company deems in its sole discretion as inappropriate, discriminatory, interfering with the success of other Clients in the Program, behavior not conducive to the objective of the Program, or any other breach, default, or violation of the terms herein (“for cause”), without refund. For cause removal shall be at the sole discretion and judgment of the Company, and may apply to actions or behavior within or outside of the Program.

e) COMMITMENT TO ANTI-RACISM AND ANTI-DISCRIMINATION

The Company and Program are committed to anti-racism and anti-discrimination. We welcome conversations to support and further that purpose. Any racism or discrimination will not be tolerated and will result in immediate removal from the Program without refund. This applies to racism/ discrimination exhibited by any Client within or outside the Program container.

f) COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

We welcome and celebrate people from all walks of life. We are all better and when diverse voices are heard, not only contributorily but included equally and as authority. We welcome Program members and content contributors from all races and from the LGBTQ community.

2. THE PROGRAM

The Program includes one saliva hormone test and 5 months access to a coaching program designed to help simplify weight loss, rebalance hormones and optimize overall health.

The Program includes the following:

● Hormone Saliva test, shipped to client and followed by a Results Review
● Monthly Zoom Coaching Call with Kelsey and Weekly Check-ins via form and messaging
● Daily & Weekly Support & Accountability from coach via messaging, and voice messaging
● Access to online course materials, resources and videos for various health protocols needed
● Access to worksheets, tools and templates accompanying the course content
● Access to personalized strength, nutrition and lifestyle program

Company is closed on weekends, all major CANADIAN Federal Holidays, 1 week for July and 1 week for August summer break, as well as the last 2 weeks of December. Please Note: Company will reply to messages on weekends if/when they are available.

3. PROGRAM FEE AND PAYMENT SCHEDULE.
The fee for the course program is monthly installments of $444 CAD for 5 consecutive months total.

Client’s purchase and access constitutes your Agreement to all of the terms and conditions herein.

a. FOR CLIENTS on MONTHLY Payment Plan

In the event the Client fails to make any of the payments within a payment plan as scheduled, or in the event Client’s card is withdrawn, declined, or charged back, the Company will immediately remove Client from the Program until payment is paid in full, including removing access to modules, materials, Facebook group, and coaching calls. If Client has not paid within five (5) days of the payment due date, Client will be in default and breach of this Agreement, and the Company, as its discretion may terminate this agreement, refer all unpaid amounts to collections, and/or utilize any other remedy allowable by law to collect the unpaid balance in full. Any unpaid past due amounts shall carry the highest interest rate allowable by law, and Client will be responsible for any and all fees and costs of collection, including attorney’s fees.

4. PROGRAM STYLE & METHODOLOGY.

Client agrees to be open minded to The Company's methods and partake in services as proposed. Client understands that The Company has made no guarantees as to the outcome of the Program. The Company may revise methods or parts of the Program based on the needs of the Client or the Company.

5. DISCLAIMERS.

The Program may provide the Client with information relating to products or services that the Company believes might benefit the Client, but such information is not to be taken as an endorsement or warranty of any kind. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided. The Company may provide Client with third-party recommendations for such services as marketing, photography, business, health, or other related services. Client agrees that these are only recommendations and the Company is not responsible or liable for the services provided by any third-party to the Client. Client will use their own best judgement as to whether any recommendations are a good fit for Client. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials, or examples shown through the Company’s website are only examples of what may be possible for Client. The Company makes no guarantees as to any particular outcome based on the use of the Program, courses, and/or services. Client acknowledges that The Company has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of the Program.

6. INTELLECTUAL PROPERTY RIGHTS.

In respect of the copy, documents, digital assets, and any other intellectual property created for the Client or as part of this Program, as well as vendor and customer lists, and any other data resulting from the existence of the Company and/or the Program, the Company owns all of the copyright, intellectual property rights. Client receives one license for personal use of any content provided. 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 that stated in this Agreement.

7. PRIVACY AND SECURITY

The Company respects your Privacy, and will not share your information with any third parties without your express consent.  The Company uses various third party service providers including for example, but not limited to those services, software, and apps known as Google, Kajabi, Stripe, EverFit to serve Client, and which may hold Client’s information. The Company exercises extreme caution to use only reputable, secure providers. However, in the growing threat of cyber crime, no guarantees can be made. The Company will notify Client immediately if it becomes aware of any such breach. Client expressly releases the Company from any and all liability or loss from any Cyber attack or breach of Client’s information. We will never request any private, sensitive, or payment information via email, text, or phone call. All payments are made through our secure billing system hosted by Kajabi and processed through Stripe. Please immediately report to the Company any suspicious activity or requests relating to Client’s participation in the Program.

8. NO LIFETIME ACCESS

Client understands that his/her access to the Program material is for a period of 5 months as defined as the first day the Company gives access to the program to client. Client will not have access to the Program and its content after the Program End Date unless they decide to carryon and renew their contract with company.

9. RELEASE.

Company may use photographs, videos, or audio recording during the Program for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.

Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Course. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Client's participation in the Program.

Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.

10. NON-DISPARAGEMENT.

The Parties agree and accept that the only venue for resolving 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 Client nor any of Client’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, affiliates, subsidiaries, employees, agents or representatives.

11. GOOD FAITH.

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

12. DISCLAIMER OF WARRANTIES.

The information, education, and coaching provided to the Client by the Company under this Agreement are provided without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

13. LIMITATION OF LIABILITY.

By using Kelsey Kerr Coaching services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at user’s own discretion and risk.

Any Liability that may be found to exist beyond that stated herein, for any reason, or under any cause of action shall be limited to the price Client paid for the Program, and in no event any other amounts..

14. DISPUTE RESOLUTION.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to mediation.

15. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta within Canada, regardless of the conflict of laws principles thereof.

16. ENTIRE AGREEMENT.

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. This Agreement may only be amended in writing if signed by both Client and the Company. The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. Client expressly states that they have read this Agreement in its entirety, and has had the opportunity to consult with an attorney before signing or

expressing agreement in the form of checking boxes indicating agreement and proceeding with purchase of the Program.

17. SEVERABILITY.

If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

18. HEALTH DISCLAIMER.

Always Consult your health care provider before you start an exercise or nutrition program or any supplements or protocols.

This program is not intended to provide medical advice or to take the place of medical advice and treatment from your personal physician. Participants and readers are advised to consult their doctors or qualified health professionals regarding specific health questions. Neither the coach or Company takes responsibility for possible health consequences of any person reading or following the information in this program. All participants and readers, especially those taking prescription or over-the-counter medications, should consult their physicians before beginning any nutrition or supplement or lifestyle program.