Wildly Alive 

Effective date: 03/01/2021

Wildly Alive Program Agreement (this “Agreement”), is between Wildly Alive, Inc., a Colorado corporation, with offices located at P.O. Box 4563, Avon, CO 81620  (the “Coach”) and the individual who has agreed to be bound by the terms herein with their signature below (the “Client” or “You/Your” and together with the Coach, the “Parties”, and each a “Party”).

Background

The Coach has created a comprehensive program to help clients improve their life and health, and is willing to provide those services in accordance with the terms and conditions herein.  The program is interactive and requires active participation on the part of both the Coach and the Client.  These terms set out the services that will be provided, and the participation that is required from Clients in the program.  

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Coach and Client agree as follows:

1. Wildly Alive Program. The Coach shall provide Client access to the Wildly Alive Program (the “Program”), which may include the following:

  1. Virtual Classes
  2. Group Coaching Calls/Text Messages (via Voxer app) 
  3. One to One Coaching Calls
  4. A variety of handouts, recipes, audio, videos, food and workout samples, and other materials;
  5. Access to the secret Program Facebook support forum

2. Fees and Expenses.

You agree to pay the fees listed on the checkout page for the Wildly Alive program you choose. If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to Wildly Alive Inc., without any additional authorization, for which you will receive an electronic receipt. You also agree that Wildly Alive Inc. is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

Recurring monthly payments will be charged to your card on the same calendar day each month (if, for example, you sign up on April 12, your card will be charged again on May 12, June 12, and so on).

If you fail to make a payment or voluntarily decide to withdraw from any Wildly Alive Inc. programs at any time or for any reason, you will remain fully responsible for the full cost of all payments in any payment plan you choose.

Wildly Alive Inc. reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse Wildly Alive Inc. for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

In the event that payment is not received by the date due, you will have a nine (9) day grace period to make the payment, otherwise, we reserve the right to terminate your access to the Website and all Content immediately and permanently.

3. Refunds 

You [the Client] understand that you are responsible for the entire amount of the Wildly Alive Program and under no circumstance will Nichole Kellerman [the Coach] refund any payments made by you [the Client] after the first 15 days (only if you [the Client] are in compliance of the 15-day guarantee).

 

The 15-day guarantee states: “This is not 'just another life/health program' that will make big promises and never deliver. I want it to be a no-brainer for you to participate because the course offers nothing less than the opportunity for total life transformation. That’s why I’m taking on all the risk. If you're not 100% satisfied with your purchase after 15 days of the program, all you have to do is send an email to [email protected] along with all of your completed homework and request a refund. You'll receive your full tuition back within 5 days of receiving all of your completed assignments. Why do I require your full participation and complete all the assignments? Because sometimes we get excited about signing up for something and then never open the emails, listen to the calls, ask questions, or do the work -- and that means never experiencing the transformation the experience offers. It's important to me that YOU show up for yourself, and this is my way of holding you to that promise. If you show up, participate, and don't like the results, then, of course, I don't want your money. Simple as that.”

 

In the event of your [the Client’s] absence or withdrawal, for any reason whatsoever, the Client will remain fully responsible for the unpaid balance of the Wildly Alive Program (if they are paying payments).  By signing up for this program, the Client agrees to be legally obligated to pay the full amount of this Program.



4. Coach Obligations.
Coach shall maintain the confidentiality of all health-related information, non-health related information that is relayed to Coach in confidence, and information that Coach in her reasonable discretion believes to be confidential in nature.  If you provide Coach with sensitive healthcare information, Coach shall not disclosure such protected healthcare information without Client’s written authorization.  

5. Client Obligation: Clients shall

  1. Before the commencement of the Client’s participation in the Program, inform the Coach of any allergies, injuries, physical limitations, or dietary restrictions of the Client;
  2. Attend scheduled appointments on time, or if cancellation is necessary, provide at least 12-hours advance notice of any cancellation.  Failure to provide at least 12-hours advance notice of cancellation will result in a forfeiture of the Client’s fee for that appointment, and the Client shall not be permitted to reschedule the appointment;
  3. Use the Client’s good faith best effort to adopt and apply the teachings of the Program, as successful results depend upon active participation from the Client;
  4. Conduct oneself in a supportive and appropriate manner when interacting with the Coach and other Program participants;
  5. Maintain responsibility for the Client’s own life and well-being, as well as the life and well-being of the Client’s family and children; and
  6. Immediately inform the Coach if, at any time, the Client feels unhealthy, unsafe, mentally unwell, or if the Client experiences suicidal thoughts or considers self-harm.

 

6. Disclaimer of Healthcare Related Services.  The Coach encourages the Client to continue to visit and to be treated by the Client’s healthcare professionals, including, without limitation, a physician.  The Client acknowledges and understands that the Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist, or other licensed or registered professional.  Accordingly, the Client acknowledges that the Coach is not providing health care, medical, or nutrition therapy services, and will not diagnose, treat, or cure in any manner whatsoever any disease, condition, or other physical or mental ailment of the human body.  

7. Personal Responsibility, Assumption of Risk, and Release of Healthcare Related Claims.

  1. Client understands and acknowledges that while the Coach will endeavor to improve the Client’s life and well-being, ultimate responsibility for ensuring the Client’s life and wellbeing remains at all times with the Client.
  2. Client expressly assumes the risk of the Program, whether or not such risks were created or exacerbated by the Coach.  Client releases the Coach, her heirs, executors, officers, shareholders, assigns, health coaches, and staff (collectively, the “Releasees”) from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which against the Releasees the Client ever had, now has or will have in the future against the Releasees, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the recklessness of the Releasees. 

8. Term, Termination, and Survival.

  1. This Agreement shall commence as of the Effective Date and shall continue thereafter for the duration of program, unless and until terminated by either Party.  Either Party may terminate this Agreement at any time by delivering notice to the other Party of termination, and such termination shall be effective upon receipt.  If this Agreement is terminated pursuant to this Section 6(a), Coach shall be entitled to any earned but unpaid fees and all fees due and payable hereunder shall become immediately due.  
  2. Notwithstanding anything to the contrary in Section 8(a), Coach may terminate this Agreement before the expiration date of the Term on written notice if Client fails to pay any amount when due hereunder: (a) and such failure continues for 3 days after Client’s receipt of written notice of nonpayment; or (b) more than two times in any 12-month period.

 9. Limitation of Liability.

  1. IN NO EVENT SHALL COACH BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  2. IN NO EVENT SHALL COACH’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO COACH PURSUANT TO THIS AGREEMENT.

10. Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 

11. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

12. Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.

13. Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. 

‌14. Assignment. Client shall not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Coach. Any purported assignment or delegation in violation of this Section 12 shall be null and void. 

‌15. Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.

16. Relationship of the Parties. The relationship between the parties is that of independent contractors. 

17. No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

18. Disputes.  The Parties shall attempt to resolve any and all disputes or claims arising out of this Agreement through mutually cooperative negotiation in good faith.  If negotiation is unsuccessful, the matter shall then be submitted to mandatory mediation. The attorney’s fees and costs of dispute resolution shall be borne by the losing Party unless the Parties stipulate otherwise or in such proportions as the mediator shall decide.  

19. Choice of Law. This Agreement and all related documents are governed by, and construed in accordance with, the laws of the State of Colorado, United States of America. 

20. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.