TERMS OF USE

Please read the Terms of Use for the Program carefully and in their entirety before registering for the Mini Session (hereinafter referred to as the “Program”). The Program and its content are owned by NATHALIE SESSIONS + NUTRITION SESSIONS LLC.

1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means NATHALIE SESSIONS + NUTRITION SESSIONS LLC.

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

“Program” means Rooted & Rested In-Person Workshop.

“You” “User” or “Your” means the purchaser and person using the Program.

2. Consent:

By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.

3. DISCLAIMER:

By participating in the Program, you understand that NATHALIE SESSIONS is a Registered and Licensed Dietitian, Intuitive Eating Coach, and Nutritious Life Master Certified Nutrition and Wellness Coach. We are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals. You are expected to discuss any changes to your health, eating plan, or exercise regimen with your physician or another medical professional first before trying them.

This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.

Although we do our best to make sure all of the Program’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 Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.

4. Waiver and Release

By attending, traveling to/from, and/or participating in the Program in any way, you agree to release, forgive, and forever discharge Nathalie Sessions + Nutrition Sessions LLC from any and all claims, suits, actions, charges, demands, liabilities, injuries, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

You acknowledge that your attendance, participation in, and/or travel to/from the Program may involve risks, which may result in tangible or intangible harm. It is solely your responsibility to familiarize yourself with all possible risks associated with the session.

By participating, you agree that Nathalie Sessions + Nutrition Sessions LLC is not liable for any harm you may experience due to your participation in, or travel to/from, the Program.

5. Assumption of the Risk:

YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the Program.

By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Program.

6. Intellectual Property Ownership:

The Program and its content, including, but not limited to, presentation slides, educational materials, handouts, and recipes are intellectual property owned by NATHALIE SESSIONS + NUTRITION SESSIONS LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

7. No Sharing:

You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

8. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique, and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

9. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.

10. Your Release of Us, Indemnification, Hold Harmless:

To the fullest extent permitted by law, NUTRITION SESSIONS LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release NUTRITION SESSIONS LLC from any and all claims.

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless NUTRITION SESSIONS LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless NUTRITION SESSIONS LLC as stated in this section herein.

11. Our Refund Policy:

a. REFUNDS:

We will do everything within our ability (and within reason) to ensure your satisfaction. The only circumstances under which a refund will be issued is if there are circumstances that make it impossible for the Company to conduct the session, otherwise no refunds will be issued for the Program once it is purchased. If refunds are permitted, the amount refunded will be for the registration price of $77 per person and will not include the amount for any fees charged by the payment processor Stripe. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Nathalie Sessions at [email protected].

b. NO CHARGEBACKS:

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.

12. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Nathalie Sessions at [email protected].

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and NATHALIE SESSIONS + NUTRITION SESSIONS LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 15 miles of Pearland, Texas.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Texas. The only award that can be issued to you is a refund of any payment made to NUTRITION SESSIONS LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

13. Limitation of Liability:

NATHALIE SESSIONS + NUTRITION SESSIONS LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

We also assume no liability for your participation in services or activities, or offered during the Program. These services are provided by guest experts who operate independently and are solely responsible for their own licensure, liability insurance, service delivery, and participant waivers. Any concerns, claims, or disputes regarding these services must be directed to the respective provider.

14. PAYMENT AND PURCHASE TERMS

General Payment Terms:

When you pay for the Program by credit card, you authorize and give permission to NUTRITION SESSIONS LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant Stripe (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. NUTRITION SESSIONS LLC is not responsible for the merchant’s independent policies or practices.

15. FORCE MAJEURE

In the event that any circumstances beyond or not within the reasonable control of the Parties, including, but not limited to: an act of God (such as, but not limited to, fire, explosion, earthquake, flood, tsunami, drought, tidal waves, hurricanes, freeze, etc.), hostilities, war, invasion, curtailment or interruption of transport, threats or acts of terrorism, State Department travel advisory or warning, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Contract, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such circumstances.

16. Severability

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

17. Entire Agreement

These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

18. Applicable Law

These Terms of Use shall be governed by the laws of the state of Texas. Any action brought by any party arising out of or from these Terms shall be brought within the Texas, County of Brazoria.

19. Photograph and Image Release

By participating in the Program, you grant Nathalie Sessions and Nutrition Sessions LLC the right to use photographs, videos, and audio recordings taken during the Program for promotional and educational purposes, including use on websites, social media, or marketing materials. You may opt out of media use by submitting a written request prior to the event. You will not receive any compensation for use of your likeness, testimonial, or image.

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.

If you have any questions about the Terms of Use, please contact Nathalie Sessions at [email protected]. Thank you.