TERMS OF USE

Coaching Disclaimer:

Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought provoking and creative process that inspires the Client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals. Coaching is not therapy or medical treatment and as indicated, a referral to a licensed mental health or medical professional will be made. 

1. Coach-Client Relationship 

A. Client is solely responsible for creating and implementing his/her own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from coaching relationship and his/her coaching calls and interaction with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inactions, or for any direct or indirect result of any services provided by the Coach. Client understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical diseases. 
B. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time. 
C. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client's responsibility. 
D. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.

E. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program

2. Services

The parties agree to engage in the following Coaching Program:  Weight Loss by Brittany 6 Month Group Coaching Program.  The Coaching Program occurs through online, webinar-based meetings. 

3.  Schedule 

Please note, all 1:1 coaching sessions that are cancelled within 24 hours by the client will be forfeited. 

4.  Confidentiality

The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach
reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity.

5. Termination & Refund

Either the Client or the Coach may terminate this Agreement at any time with #2 weeks written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship minus processing fees.

6.  Limited Liability

Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

7. Entire Agreement

This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.

8. Dispute Resolution

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 10 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

9.  Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and
enforced as so limited.


10.  Waiver 

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

11.  Medical Care
Neither medical care nor advice is included in this Agreement.

12.  Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.  The Client acknowledges her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.



Weight loss by Brittany owns and operates this coaching program and the referenced information, materials, product names, and services.   The Company also owns the Products and the information and materials available from the program.  All content on the Site, including, but not limited to, text, graphics, logos, buttons, icons, data compilations, and images, is the property of the Company,  its licensors, or the content suppliers.  It is protected under U.S. and international copyright and trademark laws.  The compilation (collection, arrangement, and assembly) of all content on this Site is the exclusive property of the Company and is protected by the U.S. and international copyright laws.  All software used on this Site is the Company’s property or its suppliers and is protected by the U.S. and international copyright laws.

You do not acquire any ownership rights to this Site and coaching program and its content, the Products, or any intellectual property, trademarks, or logos of the Company by Using this Site or the Products.  You acknowledge that this Site and its contents and the Products are valuable commercial assets which the Company has expended substantial time and resources to develop.  You expressly agree that the Company and its affiliates retain all ownership rights to this Site and its contents, the Products, and any intellectual property, trademarks, or logos.

*Please note. All group coaching sessions will be recorded and uploaded onto a Private Platform for all Weight Loss by Brittany Group Clients and all Client with access to the Weight Loss by Brittany Online Course. By agreeing to this contract, you are consenting to the group sessions being posted on this platform.*

Website Terms and Conditions:

DEFINITIONS.  

 

 

  • “Us,” “We,” or “Our,” or “The Company” refer to Weight Loss By Brittany and all related companies.  

 

  • “User” refers to any visitor to the Site, including users, clients, customers, vendors, students, members, guests, and other Site users.  

 

  • “You” or “Your” refer to any User.

 

  • “Services” refer to any coaching or any resources provided by this website. 

 

  • “Terms of Use” refers collectively to: this “Terms of Use” document and the Privacy Policy and privacy notices located on the Site.


 

ACCEPTANCE OF TERMS OF USE

  1. Weight Loss By Brittany maintains the Site, the services, products, or educational material offered on the Site, and the links provided on the Site for the use of its customers, vendors, students, members, and other Site users who agree to the terms of use as defined above.  Please read the documents comprising the terms of use before using the Site.  By using the Site, you agree to enter a binding agreement with Us as to all terms contained in the documents comprising the Terms of Use.  If you do not agree to these terms, do not use the Site.

 

  1. You may NOT use the Site or any Service for unlawful, illegal, or, in our judgment, immoral purposes.  If we determine that you are violating any provision of the Terms of Service, we reserve the right to deny you access to the Site and Services.   

 

  1. We may update the Terms of Use, with or without notice, from time to time.  You are responsible for periodically reviewing the most updated version of the Site and its Terms of Use.  Your use of the Site after any change made to the Terms of Use   constitutes your agreement to said changes.  These Terms and Services are effective as of March 2022.  

 

  1. Nothing in the Terms of Use confers any third-party rights or benefits on any other person or entity.

 

  1. The Terms of Use are governed by the laws of Virginia United States.   Our failure to enforce strict performance of the Terms of Use does not waive any provision or right under the Terms of Use.  We may assign its rights and duties under the Terms of Use   without notice to any party at any time.

 

  1. YOUR ACCEPTANCE OF OUR IMAGE POLICY

The Company uses images to promote products and services as allowed by law, including the “Fair Use license” defined by United States copyright law.   

Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.

While the Company makes every effort to ensure that images are accurate and used per the law, neither the Company nor its employees or officers accept any inadvertent errors and are not liable for such errors.  

You are required to conduct your due diligence in determining your legal use of any image contained on the Site.  If you find an error or would like information updated or hidden, please contact the Company at brittany@weightlossbybrittany.com

 

  1. YOUR ACCEPTANCE OF OUR TESTIMONIAL POLICY

We use testimonials & success stories to promote products and services as allowed by law.  We do not assert copyright or grant any rights to the underlying testimonials provided. Any use of these testimonials and descriptions are subject to the copyright owner’s permission and the requirements of applicable law.

Although we make every effort to ensure that testimonials are accurate,  Neither the Company nor its employees or officers accept any inadvertent errors and are not liable for such errors.

If you find an error or would like information updated or hidden, please contact the Company at brittany@weightlossbybrittany.com


 

  1. OWNERSHIP OF SITE AND PRODUCTS

Weight loss by Brittany owns and operates this Site and the referenced information, materials, product names, and services.   The Company also owns the Products and the information and materials available from the Site.  All content on the Site, including, but not limited to, text, graphics, logos, buttons, icons, data compilations, and images, is the property of the Company,  its licensors, or the content suppliers.  It is protected under U.S. and international copyright and trademark laws.  The compilation (collection, arrangement, and assembly) of all content on this Site is the exclusive property of the Company and is protected by the U.S. and international copyright laws.  All software used on this Site is the Company’s property or its suppliers and is protected by the U.S. and international copyright laws.

You do not acquire any ownership rights to this Site and its content, the Products, or any intellectual property, trademarks, or logos of the Company by Using this Site or the Products.  You acknowledge that this Site and its contents and the Products are valuable commercial assets which the Company has expended substantial time and resources to develop.  You expressly agree that the Company and its affiliates retain all ownership rights to this Site and its contents, the Products, and any intellectual property, trademarks, or logos.

 

  1. LIMITED USE OF SITE AND PRODUCTS

You have a limited, revocable, non-exclusive right to access and use this Site and the Products subject to the limitations set forth herein.

Use of Site.  You are responsible for all activities associated with using Your account and password.  You agree to provide true, accurate, current, and complete information about Yourself, including, but not limited to, credit card information and electronic mail address, and to maintain and update this information to keep it true, accurate, current, and complete.  Upon expiration of Your credit card, You shall update all necessary information associated with the new credit card.

This Site is intended for personal use only, and You may not use this Site or any of its content for the benefit of any other company or merchant.  You may not use any data mining, robots, or similar data gathering and extraction tools on this Site or its content.  You may not reproduce, duplicate, copy, visit, or otherwise exploit this Site or its content for any commercial purpose other than as expressly allowed under these Terms of Use or without express written consent of the Company.

User-posted content.  You shall not upload, post, transmit, share, store, or otherwise make available any content to this Site that the Company deems to be objectionable in its sole and absolute discretion.  You are solely responsible for all content You upload, publish or display, or transmit to or share with third parties through this Site or our communities.  You may not post, send, or transfer any content that You did not create or do not have permission to post.  You understand and agree that the Company may delete such content if, in the sole judgment of the Company, the content violates the Terms of Use or is deemed objectionable or harmful to the Company.

Any communication or material of any kind that You email, post, or otherwise transmit through this Site, including data, questions, comments, or suggestions, will be treated as non-confidential and nonproprietary.  The Company is free to use any ideas, concepts, know-how, or techniques contained in Your communications for any purpose, including, but not limited to, developing and marketing products using such information without compensation to You.

Use of Products.  You may not reproduce, republish, resell, or undertake similar use of the Products.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without a specific license to do so.  You may not use any meta tags or any other “hidden text” utilizing the Company’s name, logo, or trademarks without the Company’s express written consent.

Any unauthorized use of the Site or the Products automatically terminates the permission or license granted by the Company herein.

 

  1. FEES AND PAYMENT

Prices and availability for Products are subject to change without notice.  If You provide us with a credit card that expires during the term of these Terms of Use, we reserve the right to charge any renewal card issued to You as a replacement.  You agree to promptly pay the Company in the event of any refusal of Your credit card issuer to pay any amount to the Company for any reason.  Payments returned for insufficient funds shall be charged fees as allowed by law.

 

  1. SERVICE AND PASSWORD SECURITY

You are responsible for maintaining the confidentiality of Your Service password and are responsible for all activities that occur under Your Service.  You agree to notify Weight Loss by Brittany at brittany@weightlossbybrittany.com  immediately of any unauthorized use of Your password or Service or any other breaches of security, including, but not limited to,  computer viruses, trojan horses, spyware, malware, adware, hacking, and further malicious or unwanted invasion of your computer used to access the Site.  

Weight Loss by Brittany will not be liable for any loss or damage arising from Your failure to provide us with accurate information or keep Your password secure.

 

  1. DISCLAIMER.

 

WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THIS SITE OR ITS CONTENT OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE.  THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.  IT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS EMPLOYEES, OFFICERS OR DIRECTORS, AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, CONCERNING THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE.  This website includes educational and informational purposes only and solely as a self-help tool for your own use. I am not providing medical, psychological, or nutrition therapy advice. You should not use this information to diagnose or treat any health problems or illnesses without consulting your own medical practitioner. Always seek the advice of your own medical practitioner and/or mental health provider about your specific health situation. 

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR PROPERTY DAMAGE; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE WERE KNEW OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE.    YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.  THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.   

 

  1. INDEMNITY

You expressly agree to indemnify, defend, and hold harmless the Company, its officers, directors, managers, employees, shareholders, members, agents, providers, merchants, sponsors, licensors, suppliers, and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses, and reasonable attorneys’ fees) by You or any third party resulting or arising, directly or indirectly, out of (a) Your use of this Site and the Products, (b) Your violation of any federal, state or local laws, regulations or requirements (including, without limitation, relating to the use of personal information, privacy, or direct mailing), or (c) Your violation of these Terms of Use.  

 

  1. NO LEGAL RELATIONSHIP

Nothing in these Terms of Use creates a principal and agent, partner, or joint venture relationship.  Neither You nor the Company may represent itself as having any authority to make contracts or enter into any agreements in the name of the other.  In connection with Your use of this Site and the Products, You shall not represent Yourself as having any license, knowledge, experience, or capacity which You do not have.  You agree that You shall be fully responsible for any actions, inactions, or other business dealings You or any third parties undertake in connection with or arising out of, Your use of this Site or the Products.  The Company shall not be liable to You or any third party in connection with such situations.

 

  1. GOVERNING LAW, JURISDICTION, AND VENUE

Any dispute related to this Site or the Products shall be governed by the internal laws of the State of Colorado, without reference to its choice of law provisions.  

 

  1. WAIVER

Our failure to require performance of any provision of these Terms of Use or failure to exercise any right provided for herein is not a waiver of such provision or such right, nor is it intended to be interpreted as a waiver of said provision or rights.

 

  1.  SEVERABILITY 

If any provision of the Term of Use is determined to be invalid, void, or unenforceable for any reason, it may be severed from this agreement.  Said severance will not affect the validity and enforceability of any remaining provisions.

 

  1. ENTIRE AGREEMENT

These Terms of Use and any click-through agreements applicable to You represent the entire agreement between You and the Company and supersedes all previous agreements, whether oral or written.