Please read these Terms & Conditions carefully before proceeding with purchase. By proceeding with purchase, you signify your agreement to these Terms & Conditions.
These Terms & Conditions pertain to the provision of Coaching Services (“Services”) that Nicole Eichinger RD of Nutrition’s My Life, LLC (“Coach”) provides the individual purchasing this Program (“Client”) for the improvement of health through nutrition.
- Description of Coaching
Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize their potential and move toward a specific outcome.
It is designed to facilitate the creation/development of personal, lifestyle, and health goals and to develop and carry out a strategy/plan for achieving those goals.
- Coach / Client Relationship
- The Coach agrees to maintain the ethics; standards and behaviors established by the Commission of Dietetic Registration.
- The Client understands that Nicole Eichinger is a Registered Dietitian RD and does not dispense medical advice nor prescribe treatment. Rather, she provides education to enhance the Client’s knowledge of health as it relates to foods, dietary supplements and behaviors associated with eating.
- The Client understands that Nicole Eichinger is not a registered Sport or Fitness Professional and any recommendations to undertake exercise is a recommendation to further pursue overall health and wellness. Nicole does not recommend or advise on physical activity and the Client is encouraged to seek the advice of a Sport or Fitness Professional before undertaking physical activity of any kind.
- The Client understands that while nutritional or botanical support can be an important complement to health and wellness, it is not a substitute for the diagnosis, treatment, or care of disease by a medical provider.
- If the Client is under the care of a health professional or currently uses prescription medications, the client should discuss any dietary changes or potential dietary changes with his or her doctor and should not discontinue any prescription medications without first consulting his or her doctor.
- The Client acknowledges that the Scope of Services of this Agreement is not a substitute for care received from a medical provider and should in no way be construed as medical advice or care. The Client should continue regular medical supervision; as applicable to them; by their primary care physician.
- The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
- Personal Responsibility and Release of Healthcare Related Claims
- The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being; as well as the lives and well-being of the Client’s family and children (where applicable); and all decisions made during and after the duration of the Client’s Coaching Package, or resulting Coaching Relationship.
- The Client expressly assumes the risks of Nutrition Coaching; including the risks of trying new foods, and the risks inherent in making lifestyle changes.
- The Client releases Nicole Eichinger and Nutrition’s My Life, LLC from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against the Coach, arising from the Client’s past or future participation in, or otherwise with respect to, the Client’s Coaching Package, or resulting Coaching Relationship, unless arising from the gross negligence of the Coach.
- Upon proceeding with payment, the Client agrees that they are purchasing a 4 week Gut Health Course, Mind Your Gut, with Nicole. This includes access to Mind Your Gut Online Course (via Kajabi), Facebook Support, and 1 call each week throughout the 4 week course.
- In proceeding with purchase, the Client acknowledges and agrees to the $197 for self paced course OR if purchased LIVE Course at specific given time of year for $397 for the group coaching version.
- The Client acknowledges that in the event that they have no Facebook User Account; no discount on Program price is given.
- Payment Method & Refunds
- The Coach accepts payment via Credit Card only. All payments are processed through http://nutritionsmylife.com/ using Stripe.
- Payment is required at the time of service and there are no refunds for payments made to Nicole Eichinger/Nutrition’s My Life, LLC.
- For Clients who purchase Services at interval payments; in the event of Credit Card payment failure, the Client’s card will be run a further two times before Services are suspended until payment is completed.
- No-Show / Cancellation Policy
- For Clients participating in Groups Coaching Programs; Coaching calls require Group participation at specific times and as such are scheduled ahead of time at the beginning of the Program. Clients who no-show Group calls forfeit that call.
- There are no refunds for cancelled or no-show Coaching calls.
- Method of Communication
The Client acknowledges that the primary form of communication is email, Facebook Messenger, or Instagram Messenger. Video conferencing calls are held on ZOOM.
- Facebook Group Participation
- Nicole Eichinger / Nutrition’s My Life, LLC seeks to maintain a private, safe and confidential space in all of its Facebook Groups.
- The Client agrees to adhere to Group rules, which can be found in the About section of the Group.
- The Client acknowledges that:
- Except in the case of abusive, threatening or criminal behavior; Nutrition’s My Life, LLC maintains a three strike Group User policy. Two warnings for failing to adhere to Group rules will be given and on third violation, the offending User will be removed.
- In cases of abusive, threatening or criminal behavior; Nicole Eichinger / Nutrition’s My Life, LLC maintains a zero tolerance policy and offending Users will be removed without warning.
- Failure to adhere to Group rules may result in them being removed from the Group.
- The Client also acknowledges that should they be removed from the Facebook Group; no refunds or discounts are available.
- The Client acknowledges that induction to the Facebook Group is for the duration of the Program.
- From time to time however; where community has developed in the Program Cohort Facebook Group; Nicole Eichinger / Nutrition’s My Life, LLC reserves the right to permit the Group to continue after the conclusion of the Program. In such instances, Nicole Eichinger may; at her discretion; leave the Group.
- The Client acknowledges that in such a case; Nicole Eichinger / Nutrition’s My Life, LLC responsibility as Group Host ends upon conclusion of the Program / her withdrawal from the Group; whichever comes first.
- The Client acknowledges that they understand that their Name, Address and Phone Number is collected in so far as the execution of this Service Agreement requires.
- Nicole Eichinger / Nutrition’s My Life, LLC will keep the Client’s information private and will not share the Client’s information to any third party; except as listed below; unless compelled to by law or with the consent of the Client.
- The Client acknowledges that from time to time the Coach utilizes the administrative services of third party contractors known as “Virtual Assistants” or “Online Business Managers” (“Third Parties”), who as part of the regular course of business may be required to have access to confidential information. The Coach agrees to ensure that Confidentiality Agreements with such Third Parties are in place to maintain the Client’s privacy.
- From time to time Nicole Eichinger / Nutrition’s My Life, LLC utilizes testimonials, social media posts, communication from, photos and/or videos of Clients as relating specifically to progress in or results from the Products and Services of Nutrition’s My Life, LLC for the purpose of marketing, promoting and/or showcasing the work of Nutrition’s My Life, LLC. Such information will only be used with the express permission of the Client.
- Website Use
- The Client also acknowledges that the Website Privacy Terms also forms part of this Service Agreement. Privacy Terms can be viewed here.
- Intellectual Property
- The Client acknowledges that the Coach is the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that is used within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to the Client or to any other person.
- The Client agrees not to disseminate, duplicate or replicate this Agreement or any of the information, documents or materials made available through the Client’s Coaching Package, or resulting Coaching Relationship; either in part or in full.
- The Client acknowledges that where testimonials, social media posts, communication from, photos and/or videos of the Client; as relating to progress in or results from the Products and Services of Nutrition’s My Life, LLC; are used for the purpose of marketing, promoting and/or showcasing the work of Nutrition’s My Life, LLC the Intellectual Property rights of these mediums will transfer to the Coach upon express permission being given by the Client as to their use.
- Record Retention Policy
The Client acknowledges that the Coach has in place a record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print/digital/electronic) for a period of not less than 3 years.
- Limited Liability
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching Services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages whether originating from them or the actions of any third parties, or other Persons. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all Coaching Services rendered through and including the termination date.
- Entire Agreement
This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
- Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and the Coach agree to attempt to mediate in good faith for up to (30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflicts of law provisions.
- Binding Effects
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.