TERMS AND WAIVER OF LIABILITY AGREEMENT
BETWEEN THE CLIENT AND BRILLIANTLY YOU, INC./BRILLIANTLY YOU PROJECT, INC.
The Client understands that they are electing to participate in the Classes, Health Programs, or Workshops (the"Programs") offered by Brilliantly You, Inc./Brilliantly You Project, Inc., and/or choosing to subscribe or purchase Wellness Products that are manufactured and supplied by companies other than Brilliantly You, Inc. The Client understands that they will receive information and instruction about fitness, nutrition coaching, counseling, spiritual care, and other aspects of wellness/health.
PAYMENTS AND REFUNDS
The Client understands that the fees paid for any of our Programs are non-refundable. In the event of the Client’s absence due to a personal medical emergency, the Program Director can elect to suspend the Client’s program for up to 6 months, after which time the Client can continue to use whatever portion of their plan is still available to them.
The Program Director, Instructor, Coach, Counselor, and/or Chaplain reserves the right to cancel the program if at any point she or he feels it is not advantageous for the program to continue. If this happens, the Client is only responsible for the pro rata share of services received and any remaining fees collected by Brilliantly You, Inc. will be refunded within 30 days of cancellation.
Products can be returned for an exchange or refund within the prescribed periods, as determined by the manufacturer and disclosed in the information about the products at the time of purchase. The Client agrees to waive all liability claims against Brilliantly You, Inc. regarding the use of Wellness Products. If injury occurs due to the use of Wellness Product recommended or offered by Brilliantly You, Inc. or its Representatives, the Client agrees to seek legal remedy through the manufacturer, and releases Brilliantly You, Inc. from any legal or financial responsibility associated with those claims.
DISCLAIMERS REGARDING YOGA, PILATES, AND FITNESS CLASSES
The Client recognizes that fitness training requires physical exertion that may be strenuous and may cause physical injury. The Client is fully aware of the risks and hazards involved. The Client understands that there are physical and inherent risks involved in the Programs, including the risk of serious physical injury and death. The Client fully assumes all risks associated with the Programs, including: intensive activity and exertion, causation or aggravation of a physical injury or medical condition, lack of warnings or inadequate warnings; lack of instructions, inadequate instructions, or my failure to follow instructions; slipping from slippery surfaces such as mats or floors; equipment failure; and the like. The Client is fully aware of and accept the risks and hazards involved, and agree to assume full responsibility for any risks, conditions, injuries or damages, known or unknown, which the Client might incur or aggravate as a result of their participating in the Programs.
DISCLAIMERS REGARDING HEALTH/NUTRITIONAL COACHING, CBT, SPIRITUAL DIRECTION, PASTORAL CARE, or RESTORATION CONSULTATION
The Client understands that the role of the Health Coach, Counselor, or Chaplain is not to provide health-care, medical, or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Coach, Counselor, or Chaplain provider is a guide and advocate who has been trained in their field of care to help clients examine their current physical, social, mental/emotional, or spiritual wellbeing and offer support, resources, and tools that may help the Client devise and implement positive and sustainable changes that will support improvements in their wellbeing. The Client understands that the service provider is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by the service provider is not meant to take the place of advice by these professionals. If the Client is under the care of a healthcare professional or currently uses prescription medications, the Client should discuss any dietary related changes or potential dietary supplements use with his or her doctor and should not discontinue any prescription medications without first consulting his or her doctor. The Client has chosen to work with the Coach, Counselor, or Chaplain and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE 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 this program.
The Client expressly assumes the risks of their engagement with any and all Brilliantly You, Inc. Programs, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases Brilliantly You, Inc. and its Representatives 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 service provider or Brilliantly You, Inc., arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Coach, Counselor, or Sou-Care provider.
The Coach, Instructor, Counselor, or Chaplain will keep the Client’s information private and will not share the Client’s information to any third party unless compelled to by law.
The Client understands that it is the Client's responsibility to consult with a physician prior to and regarding their participation in the Programs. The Client represent and warrants that the Client is physically fit and the Client has no medical condition that would prevent full participation in the Programs. The Client agrees to disclose any issues that would cause the Client to be limited in their participation and takes full responsibility to adhere to whatever limitations have been prescribed, instructed, or recommended by their physician. The Client takes full responsibility their health should the Client elect to go beyond the recommendations, instructions, or prescriptions of their physician or medical provider.
In consideration of being permitted to participate in the Programs, the Client agrees to assume full responsibility for any risks, injuries or damages, known or unknown, which the Client might incur as a result of participating in the Programs. In further consideration of being permitted to participate in the Programs, the Client knowingly, voluntarily and expressly waive any claim the Client may have against Brilliantly You, Inc. for injury or damages that the Client may sustain as a result of participating in the Programs.
The Client, for themselves and their heirs, assigns, successors, executors, administrators, and legal representatives hereby release, and agree that the Client will not sue Brilliantly You, Inc., its Affiliates, Officers, Directors, Agents, Servants and Employees, or the landlord of any premises at which the center may operate, for money damages for personal injury or property damage sustained by the Client during their use of, presence in, and/or participation in those facilities, equipment and Programs. The Client also understands that, except for a monetary refund, the Client has no claim against Brilliantly You, Inc. or its representatives by reason of their refusal to allow them to participate in the Programs.The Client understands that it is the Client's continuing responsibility to inform the Instructors, Coach, Counselor, or Chaplain of any changes to their wellbeing or health before their class, session, or workshop.
ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
In the event that there ever arises a dispute between Brilliantly You, Inc., or the Coach and Client with respect to the services or products provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client.
This agreement shall be construed according to the laws of the State of Texas, Florida, and the state in which the Client resides. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.
If the terms of this Agreement are acceptable, and you agree to abide by these terms, your acceptance is noted by purchasing, subscribing, or participating in any of the Programs or products offered by Brilliantly You, Inc or its representatives. By doing so, the Client acknowledges that: (1) he/she has read and agreed to the terms of this agreement; (2) he/she has had an opportunity to discuss the contents and, if desired, to have it reviewed by an attorney; and (3) the client understands, accepts and agrees to abide by the terms hereof.