Eating for Remission Program

Terms of Use

THIS AGREEMENT is made as of the course enrollment date between Danielle Gaffen dba Eat Well Crohn’s Colitis (“Company”) and the enrolled student (“Client”) (collectively as the “Parties”). The Parties have agreed that Client would like to participate in the Eating for Remission program or Eating for Remission+ Program (“Program” or “Program+) facilitated by Company, which is more fully described in Exhibit A (the “Deliverables”). The Parties agree to the following:  

Term. This Agreement shall be effective as of the Program enrollment date listed in Exhibit A and shall continue for indefinitely after the start date, unless otherwise provided by Company in writing.

Compensation and Payment. Client shall pay Company the fees in US dollars as indicated in Exhibit A. Failure to pay may result in temporary or permanent suspension of Deliverables or termination of Client’s participation in the Program or Program+. In the event that Company incurs legal fees, costs, or disbursements in an effort to collect its invoices, in addition to interest on the unpaid balance, Client agrees to reimburse Company for all such expenses.

Appointment Policies. If client has signed up for individual appointments, all appointments must be completed prior to the end of the Program or Program+ unless otherwise approved by Company in writing.

Client agrees to notify Company of cancellation of any appointments with a minimum notice of twenty-four hours (24) prior to the scheduled start time, via EMAIL to [email protected]. If such notification is not received by Company at twenty-four (24) hours before the scheduled time, Client will be lose the appointment.

Neither party shall be liable for delay or failure to attend a scheduled session if such delay or failure is caused by any circumstances beyond their reasonable control. Determination of such reasonableness is in the sole discretion of Company.

Status. The Parties understand and agree that Company is an independent contractor and not an employment relationship, joint venture, partnership, or otherwise. Company is not authorized to enter contracts or agreements or create obligations on behalf of Client to third parties unless otherwise indicated by Client, in writing.

Termination. This Agreement may be terminated by the Parties upon 14 days’ written notice to the other party. In the event of termination, Client will pay for all amounts due for the Program or Program+. No refunds will be granted for amounts already paid to Company.

Confidentiality. As part of the Deliverables, Client may be asked to provide information concerning Client’s physical habits, medical history, moods, energy levels, likes and dislikes, lifestyle and diet. This information is collected to enable Company to: (a) assess Client’s knowledge of nutrition, (ii) educate Client about the benefits of sound nutritional practices and (iii) recommend dietary changes to improve Client’s general health, vitality and overall well-being. Company will hold this information in confidence and will not release or disclose this information to any other person, without my prior consent, except as required by applicable law.

Intellectual Property - Company Materials. All original materials, such as modules and handouts, provided by Company to Client are owned by Company. Any original materials are provided for Client's individual use only. Client is not authorized to use or transfer any of Company’s intellectual property. All intellectual property remains the property of Company. No license to sell or distribute is granted or implied.

Disclaimer. As part of the Deliverables, Company will primarily offer support and information to Client. Company has made every effort to ensure that all Deliverables and the Program or Program+ are accurate and based on current education standards and information.

Client understands and agrees that there is no guarantee that Client will see positive results using the techniques and materials provided by Company. Company assumes no management responsibility for Client's decisions or practices that Client implements. Company makes no guarantee about Client’s future success based on Client’s participation in the Program or Program+.

Accuracy of Client Information. As part of the Deliverables, Company is relying upon the truth, accuracy and completeness of all information Client provides. Company is not responsible for any recommendations made if Client has withheld information or provided inaccurate information.

• Medical Information. Company is owned by a Registered Dietitian. Company does not employ a naturopathic doctor or medical physician.

Client understands and agrees that Company may provide generalized dietary, nutrition, and wellness information during the Program or Program+, in addition to individualized nutrition counseling. Client understands that Company does not provide: a) medical advice, diagnosis, or treatment; b) counseling in any field except nutrition; or, c) psychotherapy or psychoanalysis.

Client understands that Client must seek such services from the appropriate licensed provider. Client understands that it is Client’s responsibility to discuss all changes to Client’s diet or potential dietary supplement use with Client’s medical provider prior to making any changes.

• Medical Advice. If Company suspects the existence of disease, disorder or condition, Company will inform Client of this suspicion. However, Client acknowledges this is not a diagnosis or conclusion about the state of Client’s health and that Client is directed to promptly consult a licensed Physician or Naturopath about any suspected problems.
• Waiver. Client understands that all changes to Client’s diet regimen, including changes to food or use of dietary supplements, carries a risk. Client is participating in the Program or Program+ with full knowledge and acceptance of such risks. Client hereby releases Company from any and all responsibility or liability from injuries or damages to Client’s person resulting from or connected with Client’s participation in the Program or Program+.

Indemnification. Client shall indemnify, defend, and hold Company harmless from and against any loss, liability, damage, or expense, including reasonable attorney's fees, incurred or suffered by or threatened against Company in connection with or as a result of any claim brought by or on behalf of any third party person or entity as a result of or in connection with Company’s appearance or association with Client, unless such claim arises from Company’s acts or omissions or arises from or is related to breach of any obligation and/or warranty made by Company hereunder.

No Warranty. EXCEPT AS STATED HEREIN, COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM OR PROGRAM+, ALONG WITH ANY ANCILLARY SERVICE, IS BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”

Limitation of Liability. CLIENT AGREES THAT IT HAS USED COMPANY’S SERVICES AT ITS OWN RISK. CLIENT RELEASES COMPANY FROM ANY AND ALL CLAIMS OF DAMAGES THAT MAY RESULT FROM ANY CLAIMS ARISING FROM THIS AGREEMENT, ALL ACTIONS, CAUSES OF ACTION, CONTRACT CLAIMS, SUITS, COSTS, DEMANDS, AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN EQUITY ARISING FROM THIS AGREEMENT.

Choice of Law and Jurisdiction. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws doctrine, and applicable federal laws of the United States of America.

Dispute Resolution. Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in San Diego County, California or another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. The prevailing party in the Arbitration shall be entitled to recover from the non-prevailing party all reasonable costs incurred. The Parties agree that the arbitrator will determine the definition of prevailing party for purposes of this clause.

Assignment. This Agreement shall not be transferred or assigned to any third party, in whole or in part, by Client without the express written consent of Company, which may be withheld in Company’s sole discretion.

Notice. Except as otherwise provided herein, all notices that either party is required or may desire to give the other party shall be in writing to the addresses in the signature block. Electronic mail is permissible, but will only be considered sufficient notice if the non-sending party affirmatively confirms receipt.

Miscellaneous.

• If any of the provisions of this Agreement is or becomes illegal, unenforceable, or invalid (in whole or in part for any reason), the remainder of this Agreement shall remain in full force and effect without being impaired or invalidated in any way.
• Any rights or obligations contained herein that by their nature should survive termination of the Agreement shall survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, and confidentiality obligations.
• Any failure of either party to enforce any provision of this Agreement, or any right or remedy provided for therein, shall not be construed as a waiver, estoppel with respect to, or limitation of that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy.
• The Agreement may be executed in several counterparts, all of which taken together will constitute one single agreement between the Parties. The Parties expressly agree that with respect to this Agreement, a facsimile or electronic signature or executed document which has been formatted as a Portable Document Format (PDF) and electronically exchanged shall be binding upon the Parties.
• This Agreement, along with all attachments, represents a single agreement, as well as the entire agreement with respect to the subject matter. This Agreement supersedes any prior agreement between the parties, whether written or oral, with respect to the subject matter, and may be modified or amended only by a writing signed by the party to be charged.  

IN WITNESS WHEREOF,  the Parties here to have duly executed this Agreement as of the day of student enrollment.

Danielle Gaffen dba Eat Well Crohn's Coltiis                                           

Crohn’s Colitis                                                                                                                                                

Danielle Gaffen, MS, RDN                             

By: Danielle Gaffen                                          

Address:

4116 Morning Star Ct

La Mesa, CA 91941                                                       

Email:                                                                                      

[email protected]

EXHIBIT A - SCOPE OF WORK

Eating for Remission Program Overview: 

• Client will have access to the program for three months. As part of the Program, Client will receive:
  • 8 recorded modules created by company
  • 3 group calls with Company and other Program Participants
  • Additional written materials provided by Company
  • Access to a Private Community Forum group

Eating for Remission Program+ Overview: 

• Client will have lifetime access to the program. As part of the Program+, Client will receive:
  • 8 recorded modules created by company
  • 2 individual calls with Company
  • 3 group calls with Company and other Program Participants
  • Additional written materials provided by Company
  • Access to a Private Community Forum group

All recorded modules will take place through Thinkific and group calls will take place via Zoom on the agreed-upon date established. All individual calls must be scheduled within the initial 3-month period of the Program+.

Due to the nature of the Program or Program+’s Group Calls, if Client misses a group session, no make-up sessions are available. Recordings of sessions will be made available. Client agrees to follow the appointment cancellation policy in the Agreement for any individualized sessions.

Program+ Access in Practice Better

• Upon registration in the Eating for Remission Program+, Client will receive access to create an account through Practice Better. All content will be stored in Practice Better. Additionally, Client will use Practice Better to schedule individual calls with Company.

Payment Amount and Schedule: 

• Client will pay $497 USD for the Program. Client may pay in full prior to the start of the Program or engage in a three-month payment period. If Client elects to make monthly payments, $184 will be due prior to the start of the Program and $184 will be due each subsequent month thereafter. If any payment is late, Company reserves the right to remove Client from the Program until the late payment is received.

• Client will pay $997 USD for the Program+. Client may pay in full prior to the start of the Program+ or engage in a three-month payment period. If Client elects to make monthly payments, $369 will be due prior to the start of the Program+ and $365.57 will be due each subsequent month thereafter. If any payment is late, Company reserves the right to remove Client from the Program+ until the late payment is received.

Group Participation Agreement

• All Program or Program+ members agree to abide by the Group Participation Agreement, attached hereto as Exhibit B.

Communication: All communication between Client and Company regarding Program or Program+ content will take place in a call. Company will not reply to emails, direct messages, or other type of communications related to the Program or Program+’s content. Client may email if they are having an administrative issue, such as problems logging into the Program or Program+ Platform or accessing a group meeting.

No Money-back Guarantee: 

• Please note that the Company does not provide a money-back guarantee for any part of the Program or Program+. All sales are final. Clients are encouraged to fully consider their decision to join the Program or Program+ before making a purchase. For any inquiries, please email [email protected].

EXHIBIT B

Group Sessions Participation Agreement

• Company is hosting the Program or Program+, of which Client is a member. The following are Client's rights and responsibilities as a participant of the Program or Program+ ("Program Participant"). Client understands that the Program or Program+ is hosted in a group format and there will be multiple Program or Program+ Participants in addition to Client.
• Any violations of this Group Program or Program+ Participation Agreement may result in immediate dismissal from the Program or Program+. In the event that a Program or Program+ Participant is dismissed for a violation, Company will terminate the Agreement and no refund will be due to Client.

Confidentiality. All Program or Program+ Participants agree to keep information shared by other Program or Program+ Participants confidential, as long as such information was shared as part of the Program or Program+. Program or Program+ Participants are prohibited from sharing content, such as screenshots, with any third parties. Failure to abide by this policy will be deemed a violation of the Agreement.

Client will not hold Company liable for any disclosure of Client’s confidential information made by another Program or Program+ Participant. 

Code of Conduct. All Program or Program+ Participants agree to the following Code of Conduct.

All Program or Program+ Participants will treat one another, and all representatives of Company, with courtesy and respect.

The following types of contributions to the Program or Program+ will not be tolerated:

• Harassment directed toward any third parties, including all other Program or Program+ Participants and representatives of Company;
• Spam content;
• Hate speech;
• Defamatory statements regarding Company or any third party;
• References to illegal acts; or,
• Contributions that may violate the legal rights of a third party.

Company’s sole discretion will be used to determine if a member is in violation of these policies.