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We (Julie Daniluk, RHN, Lynn Daniluk, Herbalist, and the Transformational team including Damien Zielinski, Alan Smith, Jade Milot, Yogi Shambu, and Taevan Gangnier) need you to agree to the terms of service and refund agreement of the Transformation Program before we can get started.
TRANSFORMATION PROGRAM AGREEMENT
THIS PROGRAM AGREEMENT ("Agreement") is made and entered into by and among "Client", and Julie Daniluk Consulting Inc. ("Consultant").
In consideration of this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
Consultant shall furnish the Client with her best advice, information, judgment and knowledge with respect to the services related to and in support of efforts in which Consultant has expertise, which is to be provided in accordance with this Agreement. Specifically, Consultant shall provide nutritional/life-style recommendations.
The term of this Agreement shall terminate one calendar year after the purchase of the Personalized Transformation Program by the Client.
The parties hereto agree this Agreement is for consulting services to be provided by phone or online meeting. Any services to be performed by Consultant on Client’s behalf for any area outside the foregoing shall be pursuant to a separate agreement, or a modification or amendment of this Agreement.
Consultant makes no representations or warranties regarding the effectiveness or health benefits or detriments of any actual or proposed diet or nutritional program to be created by the Consultant pursuant to this Agreement.
Consultant makes no representations or warranties with respect to actual health benefits to be achieved by Client, notwithstanding that any other client of Consultant may achieve such health benefits. Consultant shall bear no liability for the failure of Client to actually achieve such health benefits.
Consultant and the Consultant’s Team, has designed the Personalized Transformation Program for general educational purposes. The Consultant and the Consultant’s Team are not responsible for how the Client uses the information in the program for a specific health condition. Consultant and the Consultant’s Team shall bear no liability for any health conditions of Client based upon or purported to be based upon, Client following such diet and/or nutrition plan.
The Client agrees to take responsibility for any and all relevant health-related issues and/or conditions, including any food and/or drug allergies, any and all medications or nutrition supplements being taken by Client (including but not limited to, any over-the-counter, prescription and/or natural or homeopathic medications or nutrition supplements) and any prior health problems. The Client recognizes that the Consultant does not have Client’s health information on file when making inquires. Any nutrition/lifestyle answer the Consultant or Consultant’s Team provides during the program is to be used at the discretion of the client. The Consultant recommends that the Client contact their primary health care provider before taking any supplement or employing any recommendation made in the program.
The Client agrees that by registering and participating in the program the Consultant and the Consultant’s Team does not become the Client’s primary health practitioner. Program registration and participation is limited to educational purposes and does not substitute for the care of the Client’s primary health practitioner.
Consultant shall not be responsible for purchasing any meals or ingredients for any meals or prepare any meals for Client.
Any material or ideas or any diet and/or nutrition plan prepared or submitted to Client will remain Consultant’s property (regardless of whether the physical embodiment of creative work is in the Client’s possession) and may be submitted to other clients for their use.
All materials provided in the program are under copyright by Julie Daniluk Consulting Inc. and are not to be duplicated, copied, distributed and/or shared.
The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions, and any partially-enforceable provision to the extent enforceable in any jurisdiction, shall nevertheless be binding and enforceable.
The rights and obligations of the Client under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the Client.
The rights, obligations and duties of Consultant hereunder may not be assigned or delegated without the Client's prior written consent except that Consultant may assign its interest to a company formed by Consultant for the purpose of providing such services.
Both parties acknowledge and agree that Consultant's engagement hereunder is not exclusive and that either party may provide to, or retain from others similar services to those provided hereunder by Consultant, provided that it does so in a manner that does not otherwise breach this Agreement. Neither party is, nor shall claim to be, a legal agent, representative, partner or employee of the other, and neither shall have the right or authority to contract in the name of the other nor shall it assume or create any obligations, debts, accounts or liabilities for the other.
Either party's failure to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions as to prior or future violations thereof or of any other provision of this Agreement, nor prevent that party thereafter from enforcing each and every other provision of this Agreement. The rights granted to the parties herein are cumulative and the waiver by a party of any single remedy shall not constitute a waiver of such party's right to assert all other legal remedies available to him or it under the circumstances.
This Agreement will be governed by and interpreted in accordance with the substantive laws of the Province of Ontario without reference to conflicts of law.
The various captions and section headings contained in this Agreement are inserted only as a matter of convenience and in no way define, limit or extend the scope or intent of any of the provisions of this Agreement.
The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.
With respect to its subject matter, this Agreement constitutes the entire understanding of the parties superseding all prior agreements, understandings, negotiations and discussions between them whether written or oral, and there are no other understandings, representations, warranties or commitments with respect thereto.
This Agreement may be signed in one or more counterparts, each of which when exchanged will be deemed to be an original, binding upon the parties as if a single document had been signed by all, and all of which when taken together will constitute the same agreement. Any true and correct copy of this Agreement made by customary, reliable means (e.g., photocopy or facsimile) shall be treated as an original.
No modification to this Agreement, nor any waiver of any rights, will be effective unless assented to in writing by the party to be charged.
The person(s) executing this Agreement hereby represent and warrant that each respectively has the authority to execute this agreement on behalf of the party for which he is executing.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above.
Julie Daniluk R.H.N
Lynn Daniluk