Terms of Use: Built to Sustain

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By checking the box next to this Terms of Use and clicking the “Purchase” button, you, the purchaser of the Built to Sustain program outlined below (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Shannon Buruchian, owner and sole member of The Mindful Living Project, LLC, A New Jersey, limited liability company (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with the Coach, inclusive of the following terms and conditions mutually agreed upon: 

For good and valuable consideration of one thousand eight hundred dollars ($1800.00) the Client has agreed to purchase the Built to Sustain program (hereinafter the “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below, and the Program Outline Addendum attached hereto. 

 

• Program Outline:

• Client agrees and understands that he/she is purchasing Built to Sustain a 90-day high-tough group coaching program for the busy woman ready to lose weight, build muscle, increase energy, and feel confident in her clothes. As a member of Built to Sustain, client will receive: 

 

1. 12 weeks of coaching, support, and mentorship through the Built to Sustain program. 
2. Access to the Built to Sustain course curriculum for the lifetime of the course.
3. Built to Sustain Resource Guides
4. Access for 12 Weeks to the private Built to Sustain Community hosted on Facebook
5. Timely responses to your questions, daily accountability, and support from the Built to Sustain coaching team. 
6. 2 (or more) live coaching calls per month for custom attention and support. 
7. 8-week strength training program available for home or gym use. 
8. Access for 12 weeks to The Mindful Living Project Trainerize app. 
9. Access to Re|Balance course curriculum for the lifetime of the course if granted by coach upon enrollment.

 

• The Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Built to Sustain as well as what is not included. The Client understands services may be provided by the Coach or another member of theteam. The Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.  

• GOALS OF PROGRAM: 

 

1. Program is not to be considered a substitute for medical wellness or treatment. While Coach is a certified NCCPT personal trainer, Certified Metabolic Effect Nutrition Consultant Level 1, NASM certified behavior change specialist, ProNATAL Fitness Specialist and has earned her Bachelor of Science in Exercise Science from Montclair State University, Coach is not able to nor willing to provide any sort of medical diagnoses, treatments, medications, or other services that are completed by a medical professional. Program is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of medical treatment or a diagnosis to relieve a current condition, Program is not right for you. By completing this Agreement, you confirm you are not looking for medical treatment, understand the difference between coaching and treatment, and do not expect Coach to provide any services other than that outlined below in the Program Outline Addendum. 

 

 

• Confidentiality

• Client understands he or she is purchasing the Built to Sustain Program with Coach; one of the primary elements in engaging in a coaching relationship with Coach is his/her ability to provide the Client with personal guidance, teachings, materials, and exercises that make up the program. Following the Client’s participation in this program, the Client will have gained access to various trade secrets and personal intellectual property of the Coach, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through the Client’s participation in the program. The Client understands and acknowledges that this information is not to be openly shared with others who have not participated in the Coach’s program.  The Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of the Coach. The Client also understands and agrees he/she will not disclose or use any information provided to the Client during coaching sessions, discussions, or otherwise. 

• The Client also understands that due to the “group” nature of the Program, he/she may also obtain access to or otherwise become exposed to confidential or proprietary information belonging to other clients within the same group program via the community chat board available to all members within the membership portal. The Client understands and agrees he/she will not disclose, steal, use, distribute, copy, or otherwise share or use any proprietary or confidential information belonging to another client in the group program. The Client understands if he/she violates this provision, he or she may be liable to the third-party group member for infringement. The Client will hold the Coach harmless from any such third-party action taken against the Client for such infringement or disclosure.

• In addition, the Coach understands he/she will likely obtain confidential information about the Client and his/her business throughout the course of the program, and hereby agrees not to use, share, or otherwise reveal this information about the Client, without the Client’s express written consent. 

 

1. Should the Client breach this provision and disclose confidential or proprietary information belonging to the Coach or another participating in the Program, the Client understands additional action may be taken by the Coach up to and including legal action. 

 

 

• Testimonials 

 

1. The Coach may request the Client provide a testimonial to be published on the Coach’s website, or on various sales materials for this or another Program created by Coach. The Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to the Client. There will be no ramifications or change in relationship between the Coach and the Client if the Client refuses testimonial. 
2. If the Client accepts and provides the Coach with a testimonial, the Client understands the material, along with a photo of the Client, will likely be published on the Coach’s website or otherwise. Should the Client agree to provide a testimonial, the Client will agree to review and sign an additional Release, confirming same, and confirming the Coach’s rights to use the Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and the Client understands he or she is granting the Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to the Coach as part of a Testimonial. 

 

 

• Payment and Payment Plans

 

1. The Client understands the program cost is one thousand eight hundred dollars ($1800.00), payable up front, in full, unless a payment plan has been offered by Coach, or otherwise arranged between the Coach and the Client. The Client understands the cost of the program with a payment plan is two thousand fifty dollars ($2050.00) payable in five monthly payments of $410 unless a different payment plan has been offered by the Coach or otherwise arranged between the Coach and the Client. The Client agrees to render payment via Credit Card. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via the Coach’s website or a designated third-party payment processor of the Coach’s choosing, in full. Absent an agreement regarding a payment plan with Coach, the Client must complete payment in full before becoming entitled to any products or services included within Program. 
2. If the Coach has offered a payment plan, the Client agrees to abide by the rules and payments as explained on the Coach’s sales page. Should the Client fail to make timely payments, or if additional payments are not able to be processed, the Client understands: (1) the remainder of the Program may be forfeited if payment is not made within four days of the date it is due, and (2) the Client will owe a $30 late fee if he/she has not made the appropriate payment by the 4 day grace period. The Coach reserves the right to cancel or cease working with the Client should he/she fail to make additional payments in accordance with the payment plan as agreed upon at the beginning of the Program. Should this occur, the Client understands she is not entitled to a refund of funds already issued to the Coach in exchange for work completed thus far, and it is up to the sole discretion of the Coach whether the Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
3. If the Client and the Coach have not agreed upon a payment plan, the Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on the Coach’s sales page. 

 

 

• Refund Policy 

 

1. Due to the subjective nature of the Program provided by the Coach, and the Coach’s inability to control the Client’s availability, motivation, external forces, financial situation, or level of engagement in the Program, the Coach is not able to offer refunds once the Client has purchased the program. If the Coach is somehow unable to provide services as outlined on the sales page, regardless of the Client results, the Coach or his/her team will be in touch regarding rescheduling, and/or discussing an alternative form of services, in order to fulfill obligations. If the Coach is not able to reschedule, and no suitable alternative form of service is available, the Client may be entitled to a partial refund, depending on the amount of work the Coach and the Client were able to complete. If partial services were performed, the Coach and the Client may come to an agreement whereby a partial refund is issued, at the Coach’s discretion.  
2. The Client further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle him/her to a refund.

 

 

• Medical Disclaimer – Not Medical or Professional Advice 

• The purpose and goal of the Program is to provide the Client with the education, support, and accountability in the areas of nutrition, fitness, mindset, and habits to lose weight, build muscle, increase energy, and create a healthy, sustainable lifestyle. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for mental health treatment. 

• Client understands and agrees that Coach is a certified NCCPT personal trainer, Certified Metabolic Effect Nutrition Consultant Level 1, NASM certified behavior change specialist, ProNATAL Fitness Specialist and has earned her Bachelor of Science in Exercise Science from Montclair State University; however Program offers coaching services in the field of health, wellness, diet, and/or fitness only. There are no treatments or medical-based elements to Program, and it is not meant for those who are in need of (or think they may be in need of) medical services. Coach is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a medical professional in your geographical area. 

• Coach encourages Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Program have previously obtained clearance and permission from their applicable personal medical physician and have concluded that the coaching Program offered is right for them. Nothing contained within Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

 

 

 

• Discontinuation of Program

• Program does not provide any medical advice, treatment, or counseling/therapy services to Client. If at any point during Program, Coach believes Client to be in need of medical treatment or other services Coach cannot provide, Coach will advise Client of this. Client has the right to refuse this referral and ignore the recommendation; however, Client may be asked to discontinue use of Program for his/own well-being, until such treatment can be provided. Should Client wish to disregard Coach’s recommendation and wish to continue with Program, Client agrees to sign an additional waiver confirming this information. 

• If Client has not completed Program at the time of discontinuation, any decisions regarding partial refunds are the sole decision of Coach, and may or may not be offered. 

 

 

 

• Voluntary Participation

• Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in theservices and that Program is able to help many people, you acknowledge and agree that The Mindful Living Project, LLC is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein. 

 

 

 

• Disclaimer /No Guarantees

 

1. Client understands that he or she must actively participate in the full Program in order to see results. While many of Coach’s past and current clients have experienced wonderful benefits from the Program, and Coach and his/her team will act in their full capacity to ensure your success and happiness in the Program, Coach cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if he or she does not experience the desired results. 
2. Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program. 
3. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in the Program Outline Addendum below, or similar substitutes, upon additional agreement by Coach and Client.
4. Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on his/her website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for. 
5. Client also understands he or she is purchasing the Program and participating freely and voluntarily. The information contained within the Program may not be suitable for all persons and all fitness levels, and Client understands he or she is required to modify accordingly, based upon his or her fitness levels, and instructions by physician. 

 

1. Waiver/Assumption of the Risk 
1. Client understands he/she is entering into a Program for the purpose of achieving a desired health and/or fitness goal through Coach’s Program. Client confirms he/she is entering into this Program voluntarily and of his/her own free will. 
2. Client certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related Program with Coach. If Client elects not to obtain this medical clearance prior to beginning Program, he/she understands the potential injuries and ramifications of such actions, and agrees not to hold Coach responsible for any such injuries or negative consequences. 
3. Client understands Program may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Client agrees he/she is aware of and assumes these risks in order to voluntarily proceed with Coach’s Program. Should any such incidents occur, Client understands it is of no fault or responsibility of Coach, and agrees Coach is not liable.

 

 

• Intellectual Property 

 

1. Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees he/she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program. 
2. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.  
3. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not: 
1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach;
2. Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
3. Claim any content created by Coach as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own. 
4. Share purchased materials, information, content with others who have not purchased them.
5. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
4. This Agreement is the intellectual property of Christy Westerfeld, Esq. and may not be used (in whole or in part) without express, written permission from Ms. Westerfeld. Unauthorized use may constitute copyright infringement and may be prosecuted to the full extent of the law. 

 

1. Indemnification
1. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.

 

 

• Dispute Resolution 

 

1. Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.) 
2. If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in or near Vernon, New Jesey within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree. 

 

 

• Applicable Law

• This Agreement shall be governed by and under control of the laws of New Jersey regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of New Jesrey are to be applicable here. 

 

 

 

• Amendments

• This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party.

 

 

PROGRAM OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing the Built to Sustain. Once the Program is purchased and all Agreements are signed, the Program is to continue for a period of twelve weeks. The work is to begin January 30, 2023 and run through approximately April 24, 2023. During this time, Coach will provide the following products and/or services:

1. 12 weeks of coaching, support, and mentorship through the Built to Sustain program. 
2. Access to the Built to Sustain course curriculum for the lifetime of the course.
3. Built to Sustain Resource Guides
4. Access for 12 weeks to the private Built to Sustain Community hosted on Facebook
5. Timely responses to your questions, daily accountability, and support from the Built to Sustain coaching team. 
6. 2 (or more) live coaching calls per month for custom attention and support. 
7. 8-week strength training program available for home or gym use. 
8. Access for 12 weeks to The Mindful Living Project Trainerize app. 

 

• Modules: Coach will make available 13 modules, to be made available upon purchase of Program, via Membership Site located at Shannonburuchian.com/login, released weekly. These Modules are intended to release proprietary information created by Coach for personal benefit of Client. Client agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her as a result of her participation in the program. 
• Community Calls: Client understands he/she is entitled to 2, sixty to ninety-minute community calls with Coach on BI-MONTHLY basis as part of the Program.
• Should Coach need to reschedule call, Coach will do everything possible to provide client with as much notice as possible, and to reschedule to a mutually agreeable time. If Client is unable to attend the call, a recording of the call will be posted inside the Facebook community and be accessible during the 12 weeks of the program for replay. If Client is a “no show” for the call and chooses not to watch the replay made available this may cause Client to forfeit the call. 
• Facebook Group Access: Client may also be granted access to a private group on social media organized by Coach as part of the individual coaching package. If granted access, Client agrees to use common sense when posting or responding to others in the group, and agrees to refrain from posting any negative or unnecessary comments.
• Should Client choose to post anything in this Facebook group, Client is agreeing and acknowledging he or she will not post anything that could harm Coach or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. Client understands that if he/she makes the decision to post content that constitutes cyber bullying, Client’s comments will be removed immediately, and Coach reserves her right to take action against Client to the full extent of applicable laws. 

 

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