NUTRITION AND WELLNESS COACHING TERMS & CONDITIONS:
a. I understand that Anna Mazlin is a Ketogenic Living Certified Coach and does not dispense medical advice nor prescribe treatment. Rather, she provides education to enhance my knowledge of health as it relates to foods, behaviors associated with eating, and exercise. While nutritional support can be an important complement to my medical care, I understand ketogenic nutrition counseling is not a substitute for the diagnosis, treatment, or care of disease by a medical provider.
b. If I, the “CLIENT”, is under the care of a healthcare professional and/or am currently using prescription medications, I should discuss any dietary changes or potential dietary supplement use with my doctor, and should not discontinue any prescription medications without first consulting with my doctor.
c. I acknowledge that the advice I receive during my ketogenic nutrition coaching sessions is separate from the care that I receive from any medical facility, and that this coaching is in no way intended to be construed as medical advice or care. I should continue regular medical supervision and care by my primary care physician.
2. Personal Responsibility and Release of Health Care Related Items
I acknowledge that I take full responsibility for my life and well-being, as well as the lives and well-being of my family and children (where applicable), and all decisions made during and after the duration of my participation in ketogenic coaching.
a. I expressly assume the risks of ketogenic nutrition coaching, including the risks of trying new foods, and the risks inherent in making lifestyle changes.
b. I release Anna Mazlin and Appetite For Energy Pty Ltd from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which I ever had, now have, or will have in the future against Anna Mazlin, arising from my past or future participation in, or otherwise with respect to, the nutrition sessions, unless arising from the gross negligence of Anna Mazlin.
Anna Mazlin will keep my information private, and will not share my information to any third party unless compelled to by law or with my consent.
4. Arbitration, Choice of Law and Limited Remedies
In the event that there ever arises a dispute between Anna Mazlin and/or Appetite For Energy Pty Ltd and myself with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration.
a. Any judgement 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 rewarded to me, the “CLIENT”, in the event that an award is granted in arbitration is refund of the PROGRAM FEE.
b. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to me, the “CLIENT”.
c. This agreement shall be construed according to the laws of New South Wales. In the event that any provisions of this Agreement are deemed unenforceable, the remaining portions of the Agreement shall remain in full force.
NON DISCLOSURE AGREEMENT
This Nondisclosure Agreement (the “Agreement”) is entered into by and between Appetite For Energy Pty Ltd, (“Disclosing Party”) and ________, (“Receiving Party”) for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information (“Confidential Information”).
1. Definition of Confidential Information.
For purposes of this Agreement, “Confidential Information” shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word “Confidential” or some similar warning. If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide a writing indicating that such oral communication constituted Confidential Information.
2. Exclusions from Confidential Information.
Receiving Party’s obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party’s representatives; or (d) is disclosed by Receiving Party with Disclosing Party’s prior written approval.
3. Obligations of Receiving Party.
Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party’s own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.
4. Time Periods.
The non disclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.
Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venture or employee of the other party for any purpose.
If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed by both parties.
The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
9. Defamation of Character & Slander.
Both parties agree not to attack/criticize either party, including Appetite For Energy’s clients, executives, employees, prospective customers, associates, vendors, 3rd parties, or anything publicly (on public forums, blogs, social networks etc) at any time. Violation of this agreement will result in a penalty and reversal of any refund. Similarly client agrees not to seek for seo advice on seo forums, blogs, community groups or any social media in a way which brings bad name to the company or any of its employee, associate or partner. In case of breach of this clause, client agrees to pay US $2000.00 to Appetite For Energy Pty Ltd as damages. Defamation is a false and unprivileged statement of fact that is harmful to someone’s reputation, and published “with fault,” meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.