Becoming Her Course Agreement
Please read the Agreement for the Course carefully and in their entirety before purchasing and using Becoming Her (hereinafter referred to as the “Course”). The Course and its content are owned by Azul Cora Wellness LLC.
1. DEFINITIONS
“Course” means Azul Cora Wellness LLC.
“Coach” means Azul Corajoria.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Course.
“Client,” “You,” Your” means the purchaser and person using the Course.
2. CONSENT
By participating in the Course, the Client implicitly and voluntarily agrees to act in accordance with, agree to, and abide by, this Agreement.
3. LIABILITY WAIVER AND RELEASE
The Client acknowledges and represents that they are physically sound and they do not suffer from any illness, impairment, disease or other condition that would prevent or significantly compromise their ability to safely participate in the Course.
In consideration of being allowed to participate in the Course, the Client hereby knowingly and voluntarily, on behalf of themself and their heirs and assigns, forever waives, releases, discharges and holds harmless Coach (Azul Corajoria) and her subsidiaries, affiliates and their respective employees, agents, representatives and successors and assigns from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence) or other claims of any nature whatsoever, including, without limitation, any losses for property damage or personal injury, arising out of or relating in any way to the Client’s past or future participation in, or otherwise with respect to, the Course and its related Courses and activities in connection with the Course.
The Client represents and acknowledges that they have read and understand this Liability Waiver and Release. The invalidity, in whole or in part, of any portion of the above paragraphs will not affect the remainder of this form. The Client’s voluntary execution of this form evidences their agreement to the terms, provisions, waivers and releases as set forth herein.
4. PAYMENTS, CANCELLATIONS, AND REFUNDS
1. General Payment Terms:
When you pay for the Course by credit card, you authorize and give permission to Azul Cora Wellness LLC to charge your credit or debit card on a monthly basis until the Course has been paid in full. When you purchase the Course, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal and Stripe (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Azul Cora Wellness LLC is not responsible for the merchant’s independent policies or practices.
2. Refunds:
Due to the downloadable nature of the Course, refunds will not be issued for the Course once it is purchased. All payments and sales are final.
3. Subscription Terms / Failed Subscription Procedures:
Should you choose to purchase the Course via one of our Subscription options at checkout (hereinafter the “Subscription”), you will be billed on a recurring and periodic basis (such as monthly), depending on the type of Subscription plan you selected when purchasing the Subscription.
By purchasing the Course, you hereby authorize and give permission to Azul Cora Wellness LLC to automatically charge your credit card, debit card, or PayPal account, as payment for the Course, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.
We will not contact you to seek any additional authorization, approval, or permission before charging your card for each reoccurring Subscription payment.
By choosing a Subscription, you agree and understand that all monthly payments are owed in full until the Course has been paid in full.
4. Failed Subscription Payments::
By signing up for the Subscription plan, your card will automatically be charged on a reoccurring basis depending on the Subscription plan chosen.
If your Subscription payment fails on the 1st attempt:
In the event that your Subscription payment is not successfully made on your due date, your credit card will automatically be re-charged after a 1 day grace period to make your payment of the Course.
If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 1 day grace period to update your card information without any penalty or losing access to the Course.
After 2nd failed payment:
Your access to the Course will be temporarily suspended and you will not be able to access the Course at all until you successfully complete your payment. We will attempt to re-charge your credit card in 1 day.
After 3rd failed payment:
Your access will still be suspended, pending your successful completion of your owed late payment. In 1 day, we’ll attempt to charge your card.
4th and final attempt to make payment:
The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Course and no refund will be given.
When choosing the Subscription options, you consent to being responsible for all payments owed under the Course terms.
5. DISCLAIMER
The Client understands that the role of the 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 has been trained in holistic health coaching and personal training to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that the Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by the Coach is not meant to take the place of advice by these professionals. 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 has chosen to participate in the Course and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
This Course is for informational and educational purposes only. The information and education provided in this Course is not meant to be a substitute for medical or psychiatric advice or replace a doctor, dietician, or therapist. Please consult your healthcare practitioner before making any changes to your diet or lifestyle.
Although we do our best to make sure all of the Course’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Course’s information, or its safety or efficacy as it applies to you.
6. RISKS
Client should use their best judgment in using the information provided in the Course, which is done at your their risk. It is the Client’s responsibility to discern the risk of using the Course or its content. Client assumes responsibility for their actions, choices, or lack thereof, related to the Course.
The Client recognizes that it is their responsibility to work directly with their healthcare provider before, during, and after seeking nutrition and/or fitness consultation. Any information provided is not to be followed without prior approval of the Client’s doctor. If the Client chooses to use this information without such approval, they agree to accept full responsibility for their decision.
7. PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS
The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this Course.
The Client expressly assumes the risks of the Course, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases the Coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against the Coach, arising from the Client’s past or future participation in, or otherwise with respect to, the Course, unless arising from the gross negligence of the Coach.
8. TRANSFERABILITY
Client’s membership in the Course is not transferable.
The Client cannot distribute, copy, forward, and/or share the Course or its content with anyone else.
The Client may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Course, you will be removed from the Course immediately and no refund will be issued.
9. INTELLECTUAL PROPERTY OWNERSHIP
The Course and its content, including, but not limited to, all photos, videos, audio recordings, workbooks, worksheets, checklists, and guides in the Course are intellectual property owned by Azul Corajoria and Azul Cora Wellness LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
10. ENTIRE AGREEMENT
Client acknowledges and agrees that this Agreement and the incorporated policies as amended and modified by Coach constitute the entire agreement.
11. ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
In the event that there ever arises a dispute between Coach and Client with respect to the services provided pursuant to this Agreement or otherwise pertaining to the relationship between the Parties (Coach and Client), the Parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). 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 Course 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 California. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force. If the terms of this Agreement are acceptable, please accept the terms of this Agreement. By doing so, the Client acknowledges that: (1) he/she has received this letter agreement; (2) he/she has had an opportunity to discuss the contents with the Coach and, if desired, to have it reviewed by an attorney; and (3) the Client understands, accepts and agrees to abide by the terms hereof.
12. INQUIRIES AND FREEDOM OF CONSENT
Client has been given an opportunity to ask questions as to the procedures.
Client has read this Course Agreement, fully understand its terms, and understand that they have given up substantial rights by purchasing and/or participating in the Course.