The Fight Nutritionist's 6-WEEK FIGHT CAMP
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Customer”) agree to be provided with products, programs, or services as part of the TFN’S 6-WEEK FIGHT CAMP (“Program”) operated by JACKIE KAMINISKI, RDN/LDN/Health Consultant (“Owner”), acting on behalf of The Fight Nutritionist LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms:
2. TERMS OF PROGRAM.
a. Upon purchase and execution of this Agreement, the Customer will be provided with the following content and/or services as detailed on www.thefightnutritionist.podia.com (“the Website”) and selected prior to purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
i. Six (6) Week Online Fight Camp
ii. Meal plans
iii. Video modules
iv. Fight week and rehydration guidelines
b. The Customer will have access to the Program for ninety (90) days from the date of purchase.
c. The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Program.
d. The Company reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.
e. The Company may from time to time offer extra Services to Customer for an additional fee.
f. The content included in the Program is for your individual, non-commercial use. Customer agrees not to share login details and/or materials with any third parties.
2. PAYMENT AND REFUND POLICY.
a. Upon execution of this Agreement, Customer agrees to pay to the Company the full purchase amount as outlined on the Website.
b. The Company does not offer refunds.
c. Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that the Company will charge the credit card chosen by the Customer for the amounts specified on the website. If Customer selects a payment plan option, Customer agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, or otherwise provided to Customer, and the payment plan selected by Customer (the “Fee”).
d. In the event Customer fails to make any of the payments within a payment plan during the time prescribed, Company has the right to immediately disallow participation by Customer until payment is paid in full, including disallowing access to modules, materials, and coaching calls. If Customer has not paid within fourteen (14) days, Company has the right to terminate agreement.
3. ASSUMPTION OF RISK.
I, the Customer, am aware that there are significant risks involved in all aspects of activities and physical training and dieting, including extensive ‘water cutting practices’ including but not limited to; sauna sessions, wraps in towels, sweat suit, weight reduction and dehydration and rehydration techniques. I am aware that risks include but are not limited to serious injury or death; injury or death due to negligence on the part of myself or due to unforeseen events. I am aware that any of these above-mentioned risks may result in serious injury or death to myself and that I have entered into these activities voluntarily in the knowledge of these potential risks and requested the Fight Nutritionist to instruct and advise me in respect of these activities. I willingly and voluntarily assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity, training or coaching under the discretion of the Fight Nutritionist.
4. DISCLAIMERS.
By participating in the Program, You, the Customer, acknowledge that JACKIE KAMINISKI is not a primary care physician. The Customer acknowledges that the information in the Program is not a substitute for advice from his/her primary care provider.
By participating in the Program, the Customer acknowledges that the information provided during sessions is not intended nor implied to be a substitute for medical advice. The information provided in a session should not be considered a substitute for in-person evaluation by a medical doctor. The Fight Nutritionist does not accept any liability for any failure to identify any medical condition or disease.
The Fight Nutritionist does not warrant the accuracy of any information provided, is not liable for any losses the Customer may suffer by relying on the Fight Nutritionist’s information.
Any testimonials or examples shown through the Fight Nutritionist’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of programs and/or services.
Customer acknowledges that the Fight Nutritionist has not and does not make any representations as to the outcome of programs, products or services. The Fight Nutritionist may provide the Customer with information relating to products that the Fight Nutritionist believes might benefit the Customer, but such information is not to be taken as an endorsement or recommendation.
The Fight Nutritionist is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided. The Fight Nutritionist may provide Customer with third-party recommendations for health or other related services. Customer agrees that these are only recommendations and the Fight Nutritionist will not be held liable for the services provided by any third-party to the Customer.
The Fight Nutritionist is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
5. RELEASE.
Customer agrees that the Company may use any written statements, images, audio recordings or video recordings of Customer obtained while enrolled in the Program. This includes any content Customer may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in the Program. Customer waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Customer waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Customer, their heirs, representatives, executors, administrators, or any other persons acting on Customer’s behalf or on behalf of the Customer estates have or may have by reason of this authorization.
7. INTELLECTUAL PROPERTY RIGHTS. In respect of the Material specifically created for the Customer as part of this Program, including modules, videos, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement. Customer may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, content or intellectual property, in whole or in part without our prior written consent. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
8. DISCLAIMER OF WARRANTIES. The Services provided to the Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
9. LIMITATION OF LIABILITY. By using the Company’s Services and purchasing this Program, Customer accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Customer agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Customer agrees that use of this Program is at user’s own risk.
10. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Contractor nor any of Contractor’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
11. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Miami, Florida or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
13. NOTICES. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to thefightnutritionist@gmail.com.
14. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.