Great care has been taken to provide accurate general information. However, it is for informational purposes only and is not to be taken as a substitute for medical advice from your own physician, who is familiar with the details of your medical history.

 

Always consult your doctor regarding health concerns before deciding any course of medical action.

 

This Agreement is being made between Whole Heart Health and Wellness, LLC d/b/a Reset with Miranda of 2055 Mary Ella Drive, Georgetown, Indiana 47122 (“Coach” or “me”) and  (“Participant” or “you”).  We both legally agree to the following:
 

1. Program Description

 

You are enrolling in my group program Reset with Miranda Foundational Lifestyle & Health Transformation Program. As part of this Program, you will receive:

 

(52) Weekly group calls that are 60 minutes in length by Zoom

(16) Weekly course modules that may be accessed through Practice Better Client Portal

Members Only Private Facebook Group Forum

Reset with Miranda Welcome Kit

Unlimited messaging and email support

12 months of access to the Practice Better Client Portal App

 

2. Expectations and Responsibilities

 

During the Program, you can expect that I will:

 

Come prepared.

Devote my full attention to the group during our time together.

Serve as your group mentor and supporter.

Stretch you outside of your comfort zone, at times if needed.

Offer support, encouragement, feedback and guidance.

Build and create a supportive group environment with minimal disturbances pertaining to the elements I can control.

 

I expect that you as a participant will:

 

Show up on time without distractions.

Participate with care, kindness, and respect to other Program participants and me.

Come fully prepared to give your best efforts to the Program.

Complete all action steps to maximize your results.

Promptly provide payment for the Program.

Be open to new ideas and willing to stretch and grow.

Ask any questions you may have as they arise.

 

 

3. Scheduling and Communication

 

Contacting Me: Should you need to reach me between group calls, please contact me via the FB Group, email or Practice Better messenger between 8:00am -8:00pm (ET). I will do my best to respond to you within 24 hours on weekdays. On weekends and holidays, I will do my best to reply to you by the next business day. Any e-mails, calls or texts related to your Program are for quick questions and you will receive brief responses. If you want to discuss Program content or your own situation at length, I may request that you raise your questions or concerns as part of the group program calls or in the group forum..

 

Group Calls. A schedule of our Program group calls will be shared with you during your enrollment in the Program or shortly thereafter, including the call-in information to participate in the call. Please plan to come to the group calls on time. If you miss a group call, there will be no make-up dates for the call; rather, you may access the replay which will be shared with Program participants following the call.

 

One-on-one Calls.  Any one-on-one calls that may be offered may be scheduled through my online scheduler here on Practice Better and are available at an additional fee to the Program. Our time together is important. Please come prepared to start and end each one-on-one call on time. If you need to reschedule or cancel a one-on-one call, you need to do so at least 24 hours in advance of your scheduled time by sending an e-mail to me. If you do not contact me at least 24 hours in advance, this will be considered a Missed Call which will be forfeited and you will not have the opportunity to reschedule it or to receive a refund for that portion of the Program.

 

Call Recordings. All Program calls will be recorded. Recorded group calls will be shared with the group participants within 24 hours following the call. By participating in the Program and speaking at any time during any call, you are consenting to the recording of your voice, image and/or name and likeness.

 

 

 

4. Investment and Payment.

 

Investment:  You agree that you are financially willing and able to invest in this Program by choice, and that by so doing, you are not incurring any economic hardship in any way.

 

Payment: For value received, you promise to pay Coach upon the terms and conditions outlined below:

 

If paying in full, your investment is $1,997.00 and must be made upon enrollment in the Program.

If paying in installments, the total amount of $2,561.00 will be made in thirteen (13) equal monthly installments of $197.00. The first monthly installment shall be due and payable upon enrollment in the Program. Each subsequent monthly installment shall be due and payable in one (1) month increments from the date of the first payment. Time is of the essence in the payment of all installments hereunder and the performance of all other obligations under this Agreement.

 

Payment Authorization and Receipt:  If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Program without any additional authorization, and you will receive an electronic receipt.  If I choose to provide you with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Program will be put on hold until payment is made. Please note that chargebacks are not permitted and you are agreeing that upon enrollment and by participating in this Program for any length of time, you will make payment in full.

 

Missed Payment:  If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 3 day grace period to make the payment following the due date, otherwise your Program will be put on hold. If no payment is made within the 3 day grace period, your access to the Program will automatically terminate and you will no longer be granted access.

 

Late Charge for Overdue Payments: If payment coach has not received the full amount of any monthly installment payment by the end of the 3 day grade period, you will pay a late charge to Coach in addition to any other remedies which may exist in Coach’s favor. The amount of the late charge will be ten-percent (10%) simple interest of your entire monthly installment amount which is overdue, regardless of any partial payment, with interest accruing on the entire monthly installment amount every twenty-seven (27) days that the outstanding monthly installment amount and late charge have not been paid in full. You will pay this late charge promptly but only once on each late payment, once paid in full.

 

30 Day Money Back Guarantee:  It is my intention for you to be happy with your Program. However, because I have invested considerable time and effort in your Program, if you decide to withdraw at any time for any reason, you are still fully responsible for making all Program payments, unless you have complied with all of the following requirements within the first 30 days, in my sole discretion, then you shall receive a refund for any amounts you have paid to me, whether paid in full or through installments, expressly excluding any late charges for overdue payments you have paid to me:

 

You must have attended all group coaching calls live

You must have logged food daily in the Practice Better Client Portal journals; and

You must attend an exit interview with Miranda in the event of no measurable results from recorded starting weight and measurements.

 

 

5. Default

 

 

 

An event of default (each, an “Event of Default”) will occur if any of the following events occurs:

 

Failure to pay any monthly installment within three (3) days after the same becomes due.

Any representation or warranty made by you in this Agreement or in connection with the Website or any of its Content is untrue in any material respect at the time when made.

Default by you in the observance or performance of any other covenant or agreement contained in this Agreement or in connection with the Website or any of its Content, other than a default constituting a separate and distinct event of default under this Section.

Any of the documents executed and delivered in connection herewith for any reason ceases to be valid or in full force and effect or the validity or enforceability of which is challenged or disputed by any signer thereof, other than Coach.

If any deficiency in the payment of any monthly installment due under this Agreement is not cured to Coach’s satisfaction within the above described 3 day grace period following the due date thereof, the entire $2,561.00 amount that remains unpaid by you shall at once become immediately due and payable at the option of Coach, in addition to any other rights Coach may have under this Agreement or otherwise under law. Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default, nor shall there be any waiver of any other rights Coach has or may have under this Agreement. All rights and remedies of Coach for default under this Agreement shall be cumulative to the greatest extent permitted by law and shall be available until this Agreement shall have been paid in full. Coach may accept late payments or partial payments at its option, even those marked “payment in full” without losing any rights under this Note.

 

In the event of an Event of Default by you, Coach will be entitled to a full recovery of any reasonably attorneys’ fees, costs, and other expenses incurred in the pursuit of any remedy to recover or collect any amount due under this Agreement and/or any equitable relief.

 

 

 

6. Confidentiality

 

Confidentiality Related to Group Calls. Confidentiality is important to me. At the same time because this is a group setting, you are aware that when you participate in a group call or interact with any group members by any means during the Program, including in the group forum, Facebook group, retreat, or other public settings, you are voluntarily sharing and disclosing information which may be seen, heard, collected and used by others, and therefore, I cannot be responsible for any unauthorized use of any or all of the information that you share with other group participants, whether during the calls, online, in private conversations, or in any other manner.

 

Confidentiality Related to One-on-One Calls. I will keep all information that you share with me during one-on-one calls confidential. I will not disclose any information that you share with me during the one-on-one calls to anyone else unless: (1) they have a legitimate reason to know such information as a member of my team or staff, (2) when required by law, (3) when the safety, health, privacy rights, intellectual ownership rights, and/or any other rights of any participants may be threatened or have been violated, or (4) you have specifically given me prior written permission.

 

Intellectual Property Rights

 

Your Work Product. I acknowledge that you hold all intellectual property rights in any of your work product resulting from participation in the Program, including but not limited to copyright and trademark rights as business ideas or content. I agree not to claim any such ownership in your work product or intellectual property at any time.

 

My Intellectual Property Rights. I retain all ownership and intellectual property rights to the Program content and all materials provided to you through the Program, including all copyrights and any trademarks belonging to me. The Program content and materials are being provided to you for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission.

 

 

 

Personal Responsibility, Disclaimer & Release of Claims

 

Personal Responsibility & Assumption of Risk:  You acknowledge that you take full responsibility for yourself and all decisions made before, during and after your Program and you knowingly assume all of the risks of the Program related to your use, misuse, or non-use of the Program or any of the Program content or materials. You agree to: (1) be mindful of your own well-being during the course of this Program, (2) act with respect and care without causing harm to any other group members (including but not limited to their work product and/or other intellectual property rights or other rights), and (3) recognize that you are solely responsible for your results.

 

Disclaimer:  I have used care in preparing the information provided to you, but this Program and my Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through this Program. You agree that I am not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this Program. Nothing related to this Program is intended to be considered medical, mental health, legal, financial, or religious advice in any way. For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. Do not start or stop taking any medications because of anything you have read or received through this Program. Any recommendation of any specific programs, products or actions are simply offered for educational purposes, and you need to check with your own medical professional before using any of these programs, products or taking any actions that may affect your body or your health in any way.

 

Limitation of Liability, Indemnification, and Release of Claims:  I will not be held responsible in any way for the information that you request or receive through this Program, including my services, products, and Program materials and any other information you have received from or through me related to this Program to the fullest extent permitted by law. You agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may have against me in the future that may arise from your participation in the Program, including all services, products, and Program materials, to the extent permitted by applicable law. You agree to hold me free of all liability and responsibility for any actions or results for adverse situations created as a direct or indirect result of specific information or recommendations that you receive through this Program.

 

7. Other Important Terms

 

Termination: If either of us want to terminate the Agreement at any time, we both agree to notify the other at least 3 days in advance by e-mail. Even after termination by either of us, all of the terms of this Agreement, including all of the Investment, Refund Policy, Default, and Intellectual Property terms, will still apply to both of us now and in the future.

 

Notice: All correspondence or notice required regarding the Program shall be made to each of us at the respective e-mail addresses in the signature block below. Should your e-mail address, billing or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 3 days of any change.

 

Force Majeure:  In the event that any cause beyond my reasonable control, including, without limitations, “acts of God”/nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, or impossible for me to perform my responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, I will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill my responsibilities and obligations.

 

 

 

Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time so long as the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If I choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit my right to later enforce every part of this Agreement. If any section of this Agreement is found to be unenforceable, all other sections shall be held in full force and effect.

 

Governing Law:  This Agreement shall be construed according to the laws of the County of Floyd and in the State of Indiana.

 

Dispute Resolution: In the event the Parties are not able to resolve any dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act and in accordance with the American Arbitration Association Commercial Arbitration Rules then in effect, conducted by a single neutral arbitrator and administered by the American Arbitration Association in a location in Floyd County, Indiana and governed by the laws of the State of Indiana. Each Party consents to and waives any objection to personal jurisdiction and venue therein and further waives any right to have a jury participate in the resolution of any dispute. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees at the arbitration and any appellate levels. The Parties agree to arbitrate all disputes and claims in regard to this Agreement or any disputes arising as a result of this Agreement, including the arbitrability of any disputed matter. The Parties shall share equally in the cost of the arbitrator and any arbitration administrative costs, subject to the award of such costs and fees by the arbitrator against either Party. The Parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of this Agreement.

 

Non-Disparagement:  You agree to not publicly or privately make any negative or critical comments about the Program, my business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harms my reputation in any way, including on social media at any time. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.

 

By signing this Agreement, we both acknowledge that we have read, understand, agree to and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior to signing, and your signature indicates that you agree with all of the terms of this Agreement.

 

I hereby acknowledge and agree:

 

The Reset with Miranda Program is an educational and nutritional program only. It is not a substitute for medical care provided by my primary care physician or health care team. I understand that I should consult with my doctor prior to starting ANY exercise, weight loss, or nutritional supplement program. It is mine and my Primary Care Physician's responsibility to assure that there are no underlying conditions that would impair the success of the Reset Program.

 

The purpose of nutritional education and counseling is to improve overall health, vitality, and well-being  through nutritional education, use of natural foods, and non-medicinal nutritional supplements.

 

Participation in The Reset with Miranda Program does not imply status as a "patient" of Miranda Sommer, FDN-P. If you have or suspect that you have a medical condition, contact your health care provider immediately. Do not delay seeking medical advice.

 

As part of the Reset with Miranda Program, I may be asked to provide information concerning my physical habits, medical history, moods, energy levels, likes and dislikes, lifestyle and diet. This information is collected by my practitioners to: (i) assess my knowledge of nutrition, (ii) education me about the benefits of sound nutritional practices and (iii) recommend dietary changes to improve my general health, vitality, and overall well-being. Reset with Miranda practitioners will hold this information in confidence and will not release or disclose this information to any other person, without my prior consent, except as required by applicable law.

 

If Miranda Sommer, FDN-P or Reset with Miranda practitioners suspect the existence of a disease, disorder, or condition, I will be informed of this suspicion. However, I acknowledge this is not a diagnosis or conclusion about the state of my health and that I am directed to promptly consult my Primary Care Provider about any suspected problems.

 

I am not to alter or discontinue treatments prescribed by my Primary Care Physician or other licensed health professional without consulting the practitioner who prescribed the treatment.

 

In providing Nutrition Education & Counseling Services to me, Miranda Sommer, FDN-P and Reset with Miranda practitioners are relying upon the truth, accuracy, and completeness of all information I have provided to them. Any recommendations I follow for changes in diet, including the use of nutritional supplements, are entirely my responsibility.

 

Miranda Sommer, FDN-P or Reset with Miranda practitioners are in no way liable for my health or safety.

 

In consideration of my participation in the The Metabolic Reset with Miranda Program, I hereby accept all risk to my health, including injury or death that may result from such participation and I hereby release Miranda Sommer, FDN-P and Reset with Miranda practitioners, on my behalf and on behalf of my personal representatives, estate, heirs, next of kin, and assigns from any and all costs, claims, causes of action and damages arising from any and all illness or injury to my person, including my death, that may result from or occur as a result of my participation in the The Metabolic Reset Program, whether caused by negligence or otherwise.

 

I understand that the following conditions may be temporarily aggravated and should be managed by my Primary Care Physician throughout The  Reset with Miranda Program.

 

Diabetes: Dietary changes can increase or decrease the need for diabetic medications. Blood sugar and medication monitoring must be managed carefully by my Primary Care or prescribing physician.

 

Cholesterol: Total cholesterol levels may temporarily increase as cholesterol is mobilized during the weight loss process. This is expected to resolve several months after participating in The Reset with Program. In many cases, cholesterol levels will improve from pre-Metabolic Reset numbers after several months.

 

Blood Pressure: Low blood pressure may rise to normal. High blood pressure may improve to normal. Blood pressure and medication monitoring must be managed carefully by my Primary Care or prescribing physician.

 

Hair loss: If I have been experiencing hair loss, the diet may temporarily resolve hair loss and may be followed by a recurrence once the diet is stopped. In rare cases, an increased loss of hair has been reported.

 

Gout: It is possible to experience an acute attack of gout with a marked elevation in uric acid during the initial stages of The Reset with Miranda. The level of uric acid may remain elevated for months after the program. In many cases, gout episodes cease and do not recur.

 

Gallbladder: Individuals with no gallbladder or gallbladder issues can greatly benefit from this plan. If experiencing any current pain or potential for surgery, please indicate on your health history forms and be in communication with your primary care physician if any pain worsens. In many cases, pain issues cease and do not occur.  

 

I understand that the following are contraindications to The Reset with Miranda Program. I attest that I do not have any of the following health conditions.  I understand that if any of these conditions are present, the Metabolic Reset Program is not appropriate for me.

 

Currently Pregnant or Nursing

 

Cancer or Tumors (benign or malignant)

 

Heart Attack, Unstable Angina, or History of Coronary Occlusion in the past year.

 

Stroke or Transient Ischemic Attack (TIA or mini stroke)

 

BMI Under 18.5

 

I understand information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Always consult with a your health care provider before beginning a new supplement, especially if you are pregnant or nursing.

 

I understand that any therapies I undertake at with Miranda Sommer, FDN-P are undertaken of my own free will. I accept that the ultimate responsibility for my health care is my own and that practitioners of Reset with Miranda are here to support me in this. I understand that my practitioner reserves the right to determine which services fall outside their scope of practice, in which event an appropriate referral will be recommended. I hereby agree to assume full responsibility for any manner of loss, injury, claim or damage whatsoever, known or unknown, incurred as a result of same and I, my heirs, executors, administrators or assigns for any loss, injury, claim or damage sustained as a result of my attendance and/or participation. I have read the above release and waiver of liability, and fully understand its contents and voluntarily agree to the terms and conditions stated.

 

I understand 48 hours is required for cancelling appointments. It is your responsibility to keep the scheduled appointment or reschedule.