ALPHA DOLL MEDIA, LLC
START WHERE YOU ARE WEIGHT LOSS SCHOOL
By clicking “Buy Now,” “Purchase,” , “Enroll,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Shelli Johnson (“Instructor”), acting on behalf of Alpha Doll Media, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
- Upon execution of this Agreement, electronically, verbally, or otherwise, the Instructor agrees to provide services in accordance with the Start Where You Are Weight Loss School program (“Program”).
- The scope of services rendered by the Instructor pursuant to this contract shall be solely limited to those contained therein and/or provided for on Instructor’s Website shellijohnson.com or startwhereyouareweightloss.com as part of the Program.
- Instructor reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
- Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.
- The content included in the Program is for your individual, non-commercial use. Client agrees not to share login details and/or Program materials with any third parties.
- Permission is granted to temporarily download one copy of any downloadable materials on the Program’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Program’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or ‘mirror’ the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The Program may include the following:
- Self-paced learning through videos
- Tip Sheets
Client agrees to be open minded to Instructor’s methods and partake in services as proposed. Client understands that Instructor has made no guarantees as to the outcome of the teaching sessions or Program. Instructor may revise methods or parts of the Program based on the needs of the Client.
3. PAYMENT AND REFUND POLICY
- Upon execution of this Agreement, Client agrees to pay to the Instructor the full purchase amount.
- Instructor offers a 30-day money-back refund of the purchase price of the course from the date of purchase.
- Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Instructor will charge the credit card chosen by the Client for the amounts specified on the website. If Client selects a payment plan option, Client agrees to pay fees to the Instructor according to the payment schedule set forth on Instructor’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
- In the event Client fails to make any of the payments within a payment plan during the time prescribed, Instructor has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and teaching calls.
By participating in the Program, Client acknowledges that the Instructor is not a medical doctor, psychologist, dietician/nutritionist and her services do not replace the care of other professionals. Health teaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
The Instructor may provide the Client with information relating to products that the Instructor believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Instructor may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Instructor is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or teaching provided. Use of Program is at Client’s own risk. Any use of videos requiring physical activity are done at Client’s discretion and Instructor will not be held liable for any injury that could result from utilizing videos.
The Instructor may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations and the Instructor will not be held liable for the services provided by any third-party to the Client. The Instructor is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials or examples shown through Instructor’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Instructor’s programs and/or services. Client acknowledges that Instructor has not and does not make any representations as to the future result that may be derived as a consequence of use of Instructor’s website, programs, products or services.
5. WAIVER OF LIABILITY
You are participating in online and/or in person teaching, classes or services during which You will receive information and instruction about physical activity, yoga, or similar and You acknowledge that activity may require physical exertion, which may be strenuous and may cause physical injury, and Client is fully aware of the risks and hazards involved. You acknowledge that it is Your responsibility to consult with a physician prior to and regarding participation in any physical fitness program. You represent and warrant that You have no medical condition that would prevent Your participation in physical fitness activities. Client agrees to assume full responsibility for any risks, injuries or damages, known and unknown, which You might incur as a result of participating in online and/or in person teaching, classes or services. Client knowingly, voluntarily, and expressly waives any claims You may have against the Company, or the instructor, for injuries or damages that You may sustain as a result of participating in teaching or classes.
6. INTELLECTUAL PROPERTY RIGHTS
In respect of the documents specifically created for the Client as part of this Program, the Instructor maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Instructor. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Instructor to the Client, nor grant any right or license other than those stated in this Agreement. The Instructor reserves the right to immediately remove Client from the Program, without refund, if you are caught violating this intellectual property policy.
7. RECORDING AND REDISTRIBUTION OF CALLS
Client acknowledges that group teaching sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Instructor.
Company may take photographs, videos, or audio recording during the Program that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Course. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer’s participation in the Course.
Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Instructor or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
10. GOOD FAITH
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
11. DISCLAIMER OF WARRANTIES
The information, education, and teaching provided to the Client by the Instructor under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
12. LIMITATION OF LIABILITY
By using Alpha Doll Media, LLC & Shelli Johnson’s services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Instructor will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at user’s own risk.
13. DISPUTE RESOLUTION
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Columbia, South Carolina or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
14. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina within United States of America, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
15. REVISIONS AND ERRATA
The materials appearing on the Program’s website may include technical, typographical, or photographic errors. The Program does not warrant that any of the materials on its web site are accurate, complete, or current. The Program may make changes to the materials contained on its web site at any time without notice. The Program does not, however, make any commitment to update the materials.
The Program has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Program of the site. Use of any such linked website is at the user’s own risk.
18. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.