ONLINE PROGRAM AGREEMENT

Welcome to the IBS Gentle Program! Our goal is to help children, teens and adults affected by IBS learn gentle strategies to manage IBS symptoms that limit food restriction and support a life-long positive relationship with food. We are very excited you as part of the IBS Gentle Program.


This Online Program Agreement (“Agreement”) is between Julia Celestini & Happy Bellies Nutrition Academy (“Coach”) and the registered participant of the Services (“Client”), collectively the “Parties”. This Agreement sets out the expectations for what it will be like for Client to participate in The IBS Gentle Program, an online program provided by Coach (“Program”). For mutual consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the terms and conditions set out below.


By registering for the Program, Client confirms that they have read, understood and agreed to accept all of the terms and conditions in this Agreement. 


TERMS OF AGREEMENT

Term

Coach will provide the Services, beginning on the purchase date of the Program and continue for 4 months and until the Program is completed (“Term”). Client will have access to Program materials for six (6) months from the purchase date and group support for four (4) months from the purchase date.


Online Program
Client is purchasing Coach’s IBS Gentle Program (“Program”).


Services

Coach will provide Client with the following services as part of the online Program (collectively, “Services”):


Coach has the sole discretion to update, delete, or add Services from time to time.


CLIENT EXPECTATIONS

Client Behaviour

It is expected that Client will be respectful and cooperative towards Coach and to fellow participants in any online public or private forums included as part of the Services. If at any time Coach, in their sole discretion, determines that Client is not acting in accordance with these expectations, Coach will provide written notice of termination of the Agreement effective immediately, without refund, and any payments owing towards the Fee will immediately become due. 


Non-Disparagement

Client will not make any false, disparaging or derogatory comments or statements in public or private regarding Coach, its employees or agents. Coach may, in its sole discretion, terminate this Agreement in the event Client is in breach of this section. 


CANCELLATION


Cancellation by Client

In the event Client wishes to cancel the Services at any time, Client can provide Coach written notice (via email) that they would like to be removed from the program.

Termination of Agreement

Client will have access to the Program materials and group support for six (6) months from the date of purchase and then access will be revoked. Access will be revoked for any early termination of this Agreement. Any provisions that survive the termination of this Agreement will remain in full force. 


 RELEASE, INDEMNITY AND WAIVER


PLEASE READ CAREFULLY. It is important Client fully understands that there are risks associated with the Services, and ask questions as needed. Client acknowledges and understands that they are waiving certain legal rights by signing this Agreement.


Voluntary Assumption of Risks
Client acknowledges there are certain inherent risks associated with Coach providing the Services, including, but not limited to financial, physical, emotional, spiritual loss, damages, experimenting with new foods, herbs or supplements that may lead to adverse or allergic reactions and techniques implemented on self, family or children. Client is also aware that physical training, movement and exercise, including, but not limited to yoga, massage and all other forms of indoor and/or outdoor fitness and activities include the potential of death, serious injury, and/or property damage and that such risks are inherent to the Services. Client expressly acknowledges that the dangers and risks associated with the Services and Program listed here are not complete and Client voluntarily assumes such risks by purchasing the Program. Should Client have any concerns or doubts about ability to participate or receive Coach’s Services, Client will contact Coach immediately to inform them of any concerns. Client confirms they have full capacity and are the age of majority in their jurisdiction of residence to enter into this Agreement and Client is solely responsible for any actions taken or not taken based on education and tools from the Program. 


Release, Waiver, and Indemnity

Client releases, indemnifies and saves harmless Coach, its directors, officers, agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns, as applicable (collectively, “Released Parties”) from any and all liability and damages arising from the Services, including financial damages or personal injuries, however caused, including negligence, during Client’s engagement of Coach for the Services. Client further agrees to forfeit all forms of legal recourse which may be available to Client, including but not limited to any form of damages, costs, losses or expenses as a result of the Services. It is hereby understood that Released Parties cannot be held legally responsible for any damages, injuries or harm caused to third-parties, such as but not limited to Client’s children or family members, due to the education or materials provided in the Program. Client acknowledges this release of liability is binding on Client’s heirs, executors and anyone else who may be able to bring a legal action on Client’s behalf in the future. This clause survives the expiration or early termination of this Agreement.


Limitation of Liability

In the event Coach is found liable for any reason for damages arising directly or indirectly from this Agreement, liability will be limited to the greatest extent possible in the governing jurisdiction and in no case exceed the Fee paid by Client to Coach. 


No Warranty
Client acknowledges Coach makes no warranty or guarantees that the Services will lead to any specific Client goal, health improvement or particular results and Coach makes no promise that each Client will experience the same or similar results. Client acknowledges that the Services provided are provided without any express or implied warranties of any kind.


General Disclaimer

The Services and Program provided by Coach are strictly for informational and educational purposes only. Client acknowledges and agrees that Coach is not providing specific advice to Client with respect to their legal, financial, accounting, health or other advice as part of the Services. Further, Coach does not have any responsibility to update or revise any information presented as part of the Services or to ensure it is accurate. If Client desires professional services that exceed the scope of the Services, Coach strongly encourages Client to seek specific nutrition or health advice from certified and/or licensed professionals. No specific client-professional relationship is formed as part of the Services. In the event Client wishes to hire Coach for additional professional services, Client must contact Coach to inquire about entering into a separate agreement with Coach, and Client understands that no specific advice or relationship is formed until Coach is retained in their professional capacity. 


Medical Disclaimer
Client acknowledges that Coach is providing nutrition education and group coaching Services as part of the Program, and Coach may offer access to wellness activities such as diaphragmatic breathing demonstration or yoga, however the Parties are not entering into a patient-healthcare-provider relationship. Coach is not acting in the capacity of a regulated healthcare provider and is not providing medical nutrition therapy or any other medical therapies. Client specifically acknowledges that Coach is not diagnosing or treating any illness or disease or prescribing any medications. Client confirms they are in good physical and mental health, sufficient to participate in the Services, and has consulted with their physician or other health care provider prior to participating in the Services. 


Media Release

Client grants to Coach an irrevocable, worldwide, perpetual and unrestricted right to use any media, such as photographs, video, audio recordings, testimonial or social media posts, whether captured by Client, Coach or third party in relation to this Agreement and for any lawful purpose, including in its online or printed advertising or marketing materials and on all social media platforms, with or without reference to Client and without further notice, grant of permission or right to any financial compensation.  


 GENERAL

Relationship of Parties
Nothing in this Agreement will be understood to create an employment, joint venture or partnership relationship between Coach and Client. 

Third-Party Authorization
Coach is permitted to hire, in their sole discretion, assistants, employees or third-party contractors to assist in delivering the Services.

Good Faith
Each Party agrees it has acted in good faith and will continue to do so during the Term of this Agreement. This extends to good faith during any dispute resolution process. 

Governing Law and Jurisdiction

This Agreement is governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Burlington, Ontario. 

 

Dispute Resolution

In the event any dispute arises between the Parties in relation to this Agreement or a breach of this Agreement and the dispute is not resolved by negotiation, the Parties agree to submit the dispute for mediation prior to pursuing any other available remedy in relation to the dispute. The Parties may agree to virtual mediation, when available. 

 

Force Majeure

Neither Party will be responsible for delays resulting from causes beyond their reasonable control, including without limitation fire, explosion, floods, storms, pandemics, state of emergency, hazardous situations, war, strike, or riot, and either Party may choose to excuse themselves from further performance of their obligations under this Agreement if such occurrence materially affects the performance of Services. The Party relying on Force Majeure will give the other Party reasonable notice of their desire to terminate or suspend the Services. Notwithstanding, all payments owing for Services rendered will remain due and payable with such amount to be determined by Coach.

 

Notice

Any notice to be given under this Agreement must be directed to the other Party using the contact information first set out above or as may otherwise be directed (“Notice”). For the purposes of this Agreement, e-mail will be considered sufficient for delivery of Notice. Notice will be deemed to be delivered on the date and time when the Notice is sent.

 

No Assignment

This Agreement may not be assigned by Client to any other party. 

 

Severability

If any of the provisions of this Agreement are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.


Waiver of Breach

The waiver by one Party of any breach of this Agreement by the other Party will not be taken to be a waiver of any future breaches by the breaching Party. The non-breaching Party reserves the right to exercise or enforce their rights at a later date. 

 

Amendments

The Parties may only amend this Agreement by mutual written agreement.


Survival

Any term of this Agreement which addresses performance or observance following the early termination or expiration of this Agreement will survive and will continue to be in full force and effect. All things considered confidential during the Term will survive and always remain confidential.


Full Agreement

This Agreement constitutes the full agreement between the Parties and supersedes any prior negotiation, understanding or Agreement between the Parties, whether oral or written, on the matters contained in this Agreement.


Electronic Confirmation of Acceptance

By electronically confirming acknowledgment and acceptance of this Agreement, Client confirms they accept the terms and conditions set out above and that this will constitute a signed and legally binding Agreement.