1. ACTIVITY AND ASSOCIATED RISKS: I, the undersigned, have chosen to participate in a THE HEALTHY METHOD Program Strength/Fitness and/or Nutrition Program (“the Program”) which is provided by THE HEALTHY METHOD (“THM”), and I understand and acknowledge that:

• the Program is a physical activity, and I may be exposed to dangers and inherent risks (that cannot be eliminated regardless of the care taken to avoid injuries) including but not limited to overexertion, minor injuries such as scrapes, bruises, sprains and strains, more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, and catastrophic injuries and conditions such as heart attacks and other injuries or conditions which could be fatal;
• that I am in good health and physically fit to enter into a training program which involves the use of weights, dumbbells, barbells and other strength training equipment;
• THE PROGRAM, ANY COMPONENT OF THE PROGRAM, OR ANY CORRESPONDENCE WITH THM IS NOT MEDICAL ADVICE NOR IS IT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR YOUR FITNESS TO PARTICIPATE IN A PHYSICAL ACTIVITY.

In consideration of the permission to participate in the Program, I agree to the terms below:

2. ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of the Program, and any harm, injury or loss that may occur to me as a result of my participation in the Program. I also understand that any equipment used is used at my own risk.
3. RELEASE OF LIABILITY: I hereby release THM, its employees, agents, officers, and contractors FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me during the Program or in any way related to the Program. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Program or are related in any way to the Program.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall THE HEALTHY METHOD, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against all claims for my own negligence, and any other claim arising from my conduct during the Program. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the instructions as provided by THM regarding the performance of and execution of the Program.

Furthermore, I agree that the Program provided is for my personal use and shall not be shared with anyone.

6. USE OF MY LIKENESS: I understand that during the Program I may be asked to submit photos or videos of myself performing prescribed exercises. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to THM and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole of in part, in any form, without restrictions, and for any purpose. In the event that I DO NOT wish for my likeness to be used by THM for any purpose, I will OPT-OUT by providing clear written notice at the beginning of the Program to the following email address: candice.moser@thehealthymethod.biz.
7. SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable

RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as permitted by California law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this agreement.

8. ARBITRATION CLAUSE: If you have any complaint or should any issue arise in the use of the Site or The Healthy Method, LLC Courses, Services, and/or Products, please contact us directly first by emailing Candice Moser at candice.moser@thehealthymethod.biz.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and The Healthy Method, 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 Monroe, TN.

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 Tennessee. The only award that can be issued to you is a refund of any payment made to The Healthy Method, LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages. These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Tennessee. You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Tennessee or a state court located within the State of Tennessee in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

9. TERMINATION

At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.

10. PAYMENT AND PURCHASES: 

When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by PayPal, PayPal Subscription, or Woocomerce. By doing so, you give The Healthy Method, LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.

If you elect the installment or “subscription” option at checkout, you agree that The Healthy Method has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

Our 1:1 Nutrition and Exercise programs are unlike other programs as Candice does not overtake your nutrition with a strict meal plan or meeting specific requirements, her coaching is designed to meet each client where they are at to build habits that last and improve on a week-to-week basis. By committing to a minimum of 3-months, Candice can ensure that you have had enough time to really hone in on progress and dial in on the best individualized strategy and approach to reach your goals. 

11. OUR REFUND POLICY: 

We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for coaching services already rendered or products already purchased. 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 Candice at candice.moser@thehealthymethod.biz.

12. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT. I HAVE NOT BEEN INDUCED TO AGREE TO THIS RELEASE.

BY DOWNLOADING OR ACCESSING ONLINE ANY THE HEALTHY METHOD, LLC STRENGTH/FITNESS AND/OR NUTRITION PROGRAM, I AGREE TO THE ABOVE TERMS AND CONDITIONS, you may contact us using the following information:

• Website: www.thehealthymethod.biz

• Email: Candice Moser at support@thehealthymethod.biz

• Business Address: N/A