Welcome to the Resistance Breakthrough Session Experience (“Program”) and congratulations!!!! This Program is administered by Zesty Ginger LLC., (“Zesty Ginger”) a Virginia Limited Liability Corporation. During the Resistance Breakthrough Session, you will learn resources for moving through resistance so you can take the next step. Please read the following. If anything is unclear, please ask.

SERVICES PROVIDED

This Agreement is made today between Zesty Ginger Facilitator and the participant in the program (’the Client’)

• 1 1-on-1 60 minute breakthrough session

Coaching Agreement:

1. Coach and Client will jointly come to an understanding of the resistance pattern and apply solutions as  appropriate for the Client’s situation.
   
2. Coach agrees to facilitate and Client agrees to participate in the coaching process.
   
3. Coach agrees to spend an appropriate amount of time and preparation for meetings with clients.
   
4. Client understands that the results of any coaching will depend on his or her ability to take action and to follow the coaching plan to the best of his or her abilities, communicate clearly with Coach, and to take responsibility for the results achieved and the Coach can only facilitate. The responsibility for making the processes work is the Client’s alone as no one else can do them for him or her.
   
5. Client agrees to share with Coach all issues on which Client needs assistance. Client agrees that issues not shared with Coach may not be resolved or may impede the successful achievement of his goals and objectives. Coach agrees to use best efforts to assist Client to resolve issues shared with Coach and also agrees to full confidentiality.
   
6. Client agrees that Coach may assign tasks to be done after the session, and that Client will give his or her best effort to fulfill these tasks, given that the tasks were agreed upon by the Client and Coach during the session. Client further acknowledges if tasks are not done the outcome is less likely to be achieved. 

SCHEDULING

This agreement starts on the date of purchase. The session will be scheduled at the time of purchase or within 24 hours of receiving the scheduling link or the Client will forfeit the session without refund. Coach and Client will meet for the length of the purchased session on Zoom. Please ensure you are in a private, quiet place with no distractions.

PAYMENTS 

The investment for the 1-on-1 Session is $500. Payment is non-refundable and may be made by credit card or PayPal.  

NOT MEDICAL CARE OR TREATMENT

Zesty and its Coaches are not acting in the capacity of a doctor, licensed dietician, psychologist, or any other licensed/registered professional. Zesty  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 healthcare professionals and are not intended as medical advice. Zesty 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.  

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 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 LLC., its directors, officers, employees, or other representatives shall not be liable for damages arising from Client's participation in the 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. 

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.

CONFIDENTIALITY

Client acknowledges that often times when Services are being rendered to Client, Client may disclose personal or confidential information to facilitate the Program. Zesty  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.  

AFFILIATE DISCLOSURES

From time to time Zesty  may receive compensation from certain affiliates whose products or supplements we recommend or provide links to on our website. Even though Zesty  may receive limited compensation for the products or supplements we recommend, such recommendations are based on Zesty  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.

ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES

In the event that a dispute between Zesty  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. 

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  is found liable for any loss or damage under this agreement, Zesty  liability shall be solely and completely limited to the total payment(s) made for the Services rendered.

INTELLECTUAL PROPERTY RIGHTS

During the course of obtaining Services from Zesty, Client will be exposed to “Proprietary Information.”  Proprietary information includes methods, processes, procedures, ‘Know-how’, and any other information not known 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.

SEVERABILITY

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.

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  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.