Welcome to the Health Transformation Accelerator Program (“Program”) and congratulations!!!! This Program is administered by Zesty Ginger LLC., (“Zesty Ginger”) a Virginia Limited Liability Corporation. During the 12 weeks, you will learn ways to optimize your health and mindset. Please read the following. If anything is unclear, please ask.
1. SERVICES PROVIDED
This Agreement is made today between Zesty Ginger and the participant in the program (’the Client’)
A 12 Week Program with weekly trainings and e-mails to guide the Client during the Program;
- 12 live coaching calls with our team to answer questions.
- Support and education via handouts, videos & resources; and
- A private Facebook group for peer support and accountability. This is a place to communicate with the other group members and our coaches. (Megan & Dr. Alex will not be monitoring the Facebook group daily, if you have an urgent concern or need extra support please email [email protected])
- Optional: Arrangement of delivery of a neurotransmitter test so that the client can self-test and understand how to self-test in the future; 1 complimentary 1-on-1 results session with the team at Neurogistics.
We will connect you with Neurogistics located in Texas. Neurogistics will provide a nutritional interpretation of those test results that you can use exclusively as an educational tool for personal health purposes. Additionally, we may provide you with information relating to products that we believe might benefit you. All Services and information provided is intended for educational purposes only and should not be taken as professional medical advice or used as a substitute for medical care.
Timing of lab work
Neurogistics lab kits and questionnaires are to be completed within 12 weeks of the start of the program. If this timeline is not met you will forfeit your results session with Neurogistics.
State specific guidelines: Please pay attention if you live in New York.
Neurogistics (neurotransmitter test) is not permitted to send test kits or receive samples to or from consumers in the states of New York (States subject to changes) due to regulations in these states (and possibly other states as these regulations change often). If you have an alternate address or location in a nearby state that you can receive, perform and return the kit then you can still perform this test. State specifics guidelines are subject to change per the lab.
Lab work cost and the purchase of any recommended supplements are not included in the program. In the event you make a mistake collecting saliva or urine specimens etc. or if the lab refuses to accept specimens, a one-time free replacement test kit will be provided to you. Please call before discarding any specimens. Otherwise, once test kits are in your possession they may not be returned and no refunds are allowed for any test kits due to safety, hygiene and accuracy concerns.
In choosing to proceed with lab testing, you are "self-testing" through a direct-to-consumer program. There are many of these on the internet such as www.TSTD.org and www.pomlabtest.com and others. The labs that we recommend are made available through a "Direct-to-Consumer" lab program. That program is solely a product or service of the lab company involved, such as DUTCH from Precision Analytical Inc. and Neurogistics. We are not “ordering” lab work such as your physician would.
If you live outside of the U.S. – Lab Work and Supplement Information
This program can be completed anywhere in the world. The optional testing is currently only available in the U.S. and Canada. Even though we would love to work with Clients all over the world, we have had trouble in the past with lab work and supplements when working with Clients outside of the U.S. The Client is welcome to join the program but must understand that the lab work and supplement part of the program might not be available to them.
This Program is a 12 week program starting on the date you signed up for.
3. PAYMENTS & REFUND POLICY
The cost of the Health Transformation Accelerator is $2,500 or $700/month for 4 months. Payment may be made by credit card or PayPal.
All Supplements and the Lab Work are to be paid by the Client, and are not included in the price of the Program. The costs associated with the neurotransmitter kit is $237.00 (subject to change per the lab). Cost of supplements will vary per person.
We are offering an Action Taker’s 30 Day Refund Policy. Members of the program who have fully participated in the program for the first 4 weeks and documented their process may request a refund on day 30 of the program. You will have 1 week to submit the required documents for requesting a refund:
Attendance of all live calls. If you are not able to be there live, we will accept your notes and action steps from each call as proof of attending.
Turn in the homework from each week.
No refunds are available after week 5 or upon ordering lab work from neurogistics.
4. NOT MEDICAL CARE OR TREATMENT
Zesty Ginger and its Coaches are not acting in the capacity of a doctor, licensed dietician, psychologist or any other licensed/registered professional. Zesty Ginger Group Coaching Program will not diagnose, treat, or cure in any manner, any disease, condition, or other physical or mental human ailment. The Services provided per the terms of this agreement and during the duration of the Program are not intended to replace individual relationships with licensed qualified health care professionals and are not intended as medical advice. Zesty Ginger Group Coaching Program encourages you to continue visiting with and being treated by your primary care physician or health care provider. Only a Licensed Medical Professional can diagnose certain ailments and prescribe treatments and medications for you. Do not ignore or delay seeking medical advice or treatment because of any information obtained from this Program.
Should you choose to consider adding supplements discussed, consult your own Medical Professional regarding all nutritional supplements to evaluate if the supplements could adversely affect or react with any medications or pre-existing conditions. Stop any food or supplement immediately if you have any type of adverse reaction. If the Client is under the care of a healthcare professional or currently uses prescription medications, the Client should discuss any dietary 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 acknowledges that the Client takes full responsibility for the Client’s life and well-being; including and all decisions made during and after this Program.
5. DISCLAIMER AND LIMITATION OF LIABILITY
The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes and challenging your beliefs and model of the world. Zesty Ginger does not accept liability for any failure to identify any medical condition or disease; during the course of the program or from obtaining and review of Lab Results. Additionally, any information relating to products that we believe might benefit you is not to be taken as an endorsement or recommendation of a specific supplement. You agree that Zesty Ginger LLC., its directors, officers, employees or other representatives shall not be liable for damages arising from Client's participation in the Health Transformation Accelerator Program. You agree that this limitation of liability is comprehensive and applies to personal injuries and all damages of any kind, including without limitation direct, indirect, incidental, general, special, punitive, compensatory and consequential damages.
The Client understands that the role of the Health Coach is not to prescribe or assess micro and macronutrient levels; 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 is a mentor and guide who have been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes.
6. EXCLUSION OF WARRANTIES
We will provide our services to you with reasonable care and skill. But we make no other warranty, express or implied with respect to the Program. All other warranties are excluded to the maximum extent permitted by law.
We make no warranty as to the accuracy of the laboratory test results we receive. We make no warranty, expressed or implied, as to the quality or effectiveness of any diagnosis, apparatus, treatment or product. In no event will we be liable for any physical or mental injury, or any negative side effects, that may arise from the use of any such diagnosis, apparatus, treatment or product. We believe that the information we provide, including that on our web sites, brochures, flyers and information packets, is accurate, but we cannot guarantee such accuracy. We therefore make no warranty as to the accuracy of that information, and it should not be relied upon as being correct, complete or accurate. It is your responsibility to verify such matters.
Client acknowledges that often times when Services are being rendered to Client, Client may disclose personal or confidential information to facilitate the Program. Zesty Ginger team members will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law or with the Client’s express consent. In the event that during group workshops or classes, Client is exposed to what may be deemed personal or confidential information of other Client’s. Client agrees this information will not be disclosed to any third party.
8. AFFILIATE DISCLOSURES
From time to time Zesty Ginger may receive compensation from certain affiliates whose products or supplements we recommend or provide links to on our website. Even though Zesty Ginger may receive limited compensation for the products or supplements we recommend, such recommendations are based on Zesty Ginger honest opinions, findings, beliefs, or experiences with the products or supplements. Any product claim or other representation about a product should be verified with the manufacturer, provider or party in question.
9. ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
In the event that a dispute between Zesty Ginger and Client arises with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties they will first attempt to resolve the dispute through informal discussion. If informal discussions are not successful, the parties agree to submit to binding arbitration before the American Arbitration Association. 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 Virginia. All actions or proceedings arising in connection with this Agreement shall be determined only in Virginia Beach, Virginia.
10. DAMAGE LIMITATION AND LIQUIDATED DAMAGES
The Client agrees that it would be extremely difficult and impractical to determine actual damages to Client, if any; arising from the Service’s performed. Therefore, if Zesty Ginger is found liable for any loss or damage under this agreement, Zesty Ginger liability shall be solely and completely limited to the total payment(s) made for the Services rendered.
11. INTELLECTUAL PROPERTY RIGHTS
During the course of obtaining Services from Zesty Ginger , Client will be exposed to “Proprietary Information.” Proprietary information includes methods, processes, procedures, ‘Know-how’, and any other information not know to the general public which is introduced to Client during the receipt of Services. Client agrees that he or she shall not disclose at any time to third parties Proprietary Information that is obtained during the receipt of Services from Zesty Ginger .
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
13. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.
By joining this program the Client acknowledges that: (1) he/she has received a copy of this letter agreement; (2) he/she has had an opportunity to discuss the contents of the Agreement with Zesty Ginger and, if desired, to have it reviewed by an attorney; he/she is 18 of years of age or older; and (3) the client understands, accepts and agrees to abide by the terms hereof.