Exclusive Heart Membership Agreement and Consent Form
By clicking “Buy Now,” “Purchase,” 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 Michelle Routhenstein (“Coach”), acting on behalf of Entirely Nourished, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions.
1. TERMS
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the Exclusive Heart Membership (the “Program”).
(b) The scope of services rendered by the Coach pursuant to this Agreement is limited solely to those services expressly outlined herein and/or described on the Coach’s website or official Program materials.
(c) Coach reserves the right to substitute services of equal or comparable value if reasonably required by prevailing circumstances.
(d) Client acknowledges that Client is solely responsible for their own implementation, participation, and results.
(e) The content included in the Program is for Client’s individual, non-commercial use only. Client agrees not to share login credentials, recordings, or Program materials with any other party.
(f) Coach reserves the right to remove Client from the Program at any time for any reason, including but not limited to disruptive behavior, violation of Program policies, sharing of Program material, or non-payment, without refund.
1(g) PROGRAM CONTENT AND ACCESS
The Program includes the following:
• 1-Hour Live Video: On the fourth Tuesday of every Month at 8pm EST (subject to change as needed), there will be a 1-hour live video session via Zoom. All sessions will be recorded. Each recording (each a “Lecture”) will be published to and hosted on the Company’s ThriveCart hub within forty-eight (48) hours following the live session, so that Client may watch at their convenience if they are unable to attend live. Lectures are made available only through the ThriveCart hub.
• Facebook Group: A closed Facebook group that allows for questions, peer support, updates, and science based advice moderated by Michelle Routhenstein, MS RD CDE CDN.
2. Program Cost, Financial Policy, and Monthly Contract
I agree to enroll in a three month commitment that becomes a monthly Program thereafter. To sign up, I acknowledge there is a one-time $99 USD non-refundable enrollment fee + three monthly payments of $125 USD per month. The first three months are non-refundable, but thereafter, I can terminate my membership to the Program at any time by emailing Michelle at michelle@entirelynourished.com with at least 72 hours notice prior to the next billing cycle.
All monthly charges will reoccur on the consecutive’s month date of enrollment. Any contiguous months after enrollment will continue to be charged at $125 USD per month even if prices for this Program have increased elsewhere.
The initial payment will include the enrollment fee of $99 USD unless a coupon code is provided on the checkout page.
This Agreement and billing cycle automatically renews monthly on the date of the Client’s initial enrollment date unless Michelle is notified of membership cancellation by email 72 hours prior to the 1st of the month.
Contract pricing between months is not subject to change. Contract pricing between a Termination and re-engagement with Program is subject to change.
Coaching is not considered medically necessary and is not covered by in-network insurance. Payment is requested through credit or debit card transition, including FSA and HSA cards. Please complete the credit card authorization section below to secure your enrollment in the Program.
3. Termination
This Agreement can be terminated at any time after the first 3 months upon emailing the Company of immediate request to Terminate this Agreement. Upon Termination or cancellation of this Agreement, Client will immediately lose access to all Program benefits, including access to the ThriveCart hub and to all Lectures and recordings hosted thereon. To prevent a future automatic renewal and monthly payment, the Company must be made aware via email of a request to terminate the Agreement at least 72 hours prior to the first of the month.
4. No-Show and Cancellation Policy
Live Video sessions may not be rescheduled. Fees are non-refundable. It is understood that Client may not be able to make all of the Live Videos sessions. Live Sessions will be recorded and published to the Company’s ThriveCart hub within forty-eight (48) hours following each session. By signing this agreement, Client consents to allow for recording of the Live Sessions to occur where he/she may be shown and recorded on video, and that such recordings may be shared with the other participants in the group via the ThriveCart hub and/or the closed Facebook group.
5. Confidentiality
All information shared during the Program and on the Facebook group is confidential. All information from each Group Client is confidential, with the exception of circumstances governed by law, such as child abuse and danger posed to self or others. All Group Clients identities are confidential. All parties agree to take all reasonable measures to ensure confidentiality of Group Clients and communications over the phone and/or Internet.
6. Liability Release
I have read and understood this contract, and I agree to the terms of this Agreement. I acknowledge that the Company can make no guarantee or warranty as to the results of the Program. I release the Company of all liability as to my personal results of this program. I understand that my results may not meet my desires, and that weight loss and optimizing of laboratory parameters, as a lifestyle change, takes time. I therefore release the Company from all liability as to my personal results from this Program.
7. DISCLAIMERS
Client acknowledges that the Coach is not a medical doctor and is not acting in any such capacity. The Program is not individualized medical nutrition therapy or medical treatment, and does not replace care from licensed healthcare professionals.
All information provided is for educational purposes only and is not intended as medical advice, diagnosis, or treatment.
Coach may provide educational information regarding nutrition, supplements, lifestyle strategies, or third-party services; such information does not constitute endorsement or guarantee. Coach is not responsible for any adverse effects resulting from the use or application of information provided.
Any testimonials from Coach’s website, programs, or services are specific examples from past clients and do not guarantee that Client will experience similar outcomes. Coach makes no representations or warranties regarding Client’s future health, wellness, or results.
8. INTELLECTUAL PROPERTY RIGHTS
All Program content is the sole intellectual property of the Coach and Company. Client receives a limited, non-transferable license for personal use only. Unauthorized sharing, duplication, or resale is prohibited and may result in removal from the Program without refund, injunctive relief as determined by a court of competent jurisdiction, and liability for any damages that result to the Company.
Client acknowledges that Program content may be delivered verbally or visually during live sessions, and that slide decks, presentation files, instructor notes, and other displayed content are property (“Program Materials”) of the Company, and Client will not be provided with copies of Program Materials. Client is granted only a limited, non-transferable license to use the Program Materials for personal purposes.
9. RECORDING AND REDISTRIBUTION OF CALLS
Client acknowledges and consents that group calls will be recorded. Recordings may be shared with Program participants and reused or resold by the Coach in other offerings.
10. CONFIDENTIALITY AND RELEASE
All materials and documents provided by the Company or its representative(s) to Client, including materials, presentations, slide decks, and documents displayed during weekly meetings (“Program Materials”), are confidential and intended solely for Program member’s personal use. Client will not be provided with hard or digital copies of the Program Materials. Client agrees not to share, copy, photograph, video, distribute, or allow others to rely on the Materials.
All information shared during the Group meetings is Confidential. All information from each Client participating in the Program is Confidential, with the exception of circumstances governed by law, such as child abuse and danger posed to self or others. All Program participants identities are Confidential. All parties agree to take all reasonable measures to ensure Confidentiality of Program participants and communications over the Internet.
Client consents to being recorded and understands recordings may include Client’s image, voice, or written contributions.
Client grants Company permission to use testimonials, images, recordings, or social media content related to Client’s participation for educational or marketing purposes in perpetuity, without compensation.
While confidentiality among participants is encouraged, Coach cannot guarantee the conduct of other participants.
11. NON-DISPARAGEMENT
Client agrees that during the Program and thereafter, Client will not make, publish, or communicate to any person or entity, including via social media or other online or offline forums, any false, negative, disparaging, or defamatory statements about Coach, Company, or Coach’s or Company’s professional reputation, or the Program. Nothing in this Section prevents Client from providing truthful information as required by law, regulation, or legal process, or from exercising non-waivable rights under applicable law.
12. GOOD FAITH
Each party represents that they have entered into this Agreement in good faith and agree to continue acting in good faith.
13. DISCLAIMER OF WARRANTIES
All services and materials are provided “as is,” without warranties of any kind, express or implied.
14. LIMITATION OF LIABILITY
Client assumes all risks associated with participation. Coach and Company shall not be liable for any direct or indirect damages arising from participation in the Program.
15. INDEMNIFICATION BY CLIENT
Client agrees to indemnify, defend, and hold harmless the Company, Coach, and their owners, employees, contractors, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Client’s use or misuse of the Program, Services, or Program Materials; (b) Client’s actions or omissions in reliance on information provided in the Program; (c) Client’s violation of this Agreement or of any applicable law or regulation; or (d) any dispute or claim between Client and any third party, including other Program participants, in connection with the Program.
16. DISPUTE RESOLUTION
Any dispute not resolved through good-faith negotiation shall be submitted to binding arbitration through the American Arbitration Association. Arbitration shall take place in New York, New York, or via telephone. The arbitrator’s decision shall be final and binding.
17. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States.
18. TERMINATION AND EFFECT OF TERMINATION
18.1 Immediate Termination by Company (Coach).
The Company may terminate this Agreement, in whole or in part, immediately and without prior notice if Client:
(a) fails to make any payment when due, including failure to update or cure a declined or defaulted payment method within forty-eight (48) hours after notice;
(b) breaches any provision of this Agreement;
(c) engages in abusive, harassing, disruptive, or inappropriate conduct toward the Company, Coach, its representatives, or other Program members;
(d) provides false, incomplete, or misleading information that materially affects the Program; or
(e) engages in conduct that, in the Company’s professional judgment, interferes with the effectiveness, integrity, ethical provision, or professional boundaries of the Program.
18.2 Termination by Client.
Client may terminate this Agreement by providing written notice to the Company. Termination by Client does not relieve Client of any payment obligations. All fees paid or owed remain non-refundable and non-cancellable.
18.3 Effect of Termination.
Upon termination for any reason:
(a) Client’s access to the Program shall immediately cease without refund;
(b) All outstanding balances shall become immediately due and payable;
(c) Client shall immediately discontinue all use of the Program Materials; and
(d) The Company shall have no obligation to provide any further access to the Program, Services, sessions, or support.
18.4 No Obligation to Complete Services.
Client acknowledges that termination of this Agreement may result in less access to the Program than originally anticipated and agrees that such termination does not entitle Client to any refund, credit, or damages.
18.5 Survival.
The provisions relating to confidentiality and intellectual property shall survive indefinitely. The provisions relating to fees and payment, disclaimers, indemnification, non-disparagement, dispute resolution, governing law, and any other provisions that by their nature should survive termination shall survive termination of this Agreement and remain in full force and effect for a period of five (5) years following the conclusion of the Program, any other related Services with Coach or the Company, or termination of this Agreement, whichever is later.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, written or verbal.