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Terms of Use: Group and Private Functional Medicine
Heidi Toy Functional Medicine
Terms of Use: EnergyRx
By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the EnergyRx program outlined below (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Heidi Toy, acting as an individual and as part of Heidi Toy Functional Medicine, A Wisconsin Practice (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of one thousand one hundred ninety-seven dollars for females ($1197) and nine hundred seventy-two dollars for males ($972) Client has agreed to purchase the EnergyRx (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.
Program Outline for females:
Client agrees and understands that he/she is purchasing EnergyRx. EnergyRx is a 90-day program that includes two Energy Assessments, nutrition, lifestyle and supplementation recommendations, guided educational presentations with Coach, up to 25 handouts/resources, 3 Live Question & Answer calls with Coach, 10% off supplements purchased through Heidi Toy Functional Medicine for the length of the program (90 days). All recommended supplements, further testing or consultation with Coach is an additional cost. These recommendations are optional.
Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in EnergyRx as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.
Program Outline for men:
Client agrees and understands that he/she is purchasing EnergyRx. EnergyRx is a 90-day program that includes two Energy Assessments, nutrition, lifestyle and supplementation recommendations, recorded guided educational presentations with Coach, up to 25 handouts/resources, 10% off supplements purchased through Heidi Toy Functional Medicine for the length of the program (90 days). All recommended supplements, further testing or consultation with Coach is an additional cost. These recommendations are optional.
Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in EnergyRx as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.
Non- Disclosure
Client understands he or she is purchasing the EnergyRx Program with Coach; one of the primary elements in engaging in a coaching relationship with Coach is his/her ability to provide Client with personal guidance, teachings, materials, and exercises that make up the program. Following Client’s participation in this program, Client will have gained access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in the program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Coach’s program. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client during coaching sessions, discussions, or otherwise.
Client also understands that due to the “group” nature of the Program, he/she may also obtain access to or otherwise become exposed to confidential or proprietary information belonging to other clients within the same group program via the community chat board available to all members within the membership portal. Client understands and agrees he/she will not disclose, steal, use, distribute, copy, or otherwise share or use any proprietary or confidential information belonging to another client in the group program. Client understands if he/she violates this provision, he or she may be liable to the third-party group member for infringement. Client will hold Coach harmless from any such third-party action taken against Client for such infringement or disclosure.
In addition, Coach understands he/she will likely obtain confidential information about Client and his/her business throughout the course of the program, and hereby agrees not to use, share, or otherwise reveal this information about Client, without Client’s express written consent.
Testimonials
Coach may request Client provide a testimonial to be published on Coach’s website, or on various sales materials for this or another Program created by Coach. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial.
If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial.
Payment
Client understands the cost of the program is one thousand one hundred ninety-seven dollars for females ($1197) and nine hundred seventy-two dollars for males ($972), which is payable upfront, in full, unless a payment plan has been offered by Coach, or otherwise arranged between Coach and Client. Client agrees to render payment via Credit Card. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Coach’s website or a designated third party payment processor of Coach’s choosing, in full. Absent an agreement regarding a payment plan with Coach, Client must complete payment in full before becoming entitled to any products or services included within Program.
If Coach has offered a payment plan, Client agrees to abide by the rules and payments as explained on Coach’s sales page.
Coach reserves the right to cancel or cease working with Client should he/she fail to make additional payments in accordance with the payment plan as agreed upon at the beginning of the Program. Should this occur, Client understands she is not entitled to a refund of funds already issues to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
If Client and Coach have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Coach’s sales page.
Refund Policy
Due to the subjective nature of the Program provided by Coach, and Coach’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Coach is not able to offer refunds once the program start date has passed or Client has completed the Nutri-Q questionnaire. If Coach is somehow unable to provide services as outlined on the sales page, regardless of Client results, Coach or his/her team will be in touch regarding rescheduling, and/or discussing an alternative form of services, in order to fulfill obligations. If Coach is not able to reschedule, and no suitable alternative form of service is available, Client may be entitled to a partial refund, depending on the amount of work Coach and Client were able to complete. If partial services were performed, Coach and Client may come to an agreement whereby a partial refund is issued, at Coach’s discretion.
Disclaimer
Client understands that he or she must actively participate in the full Program in order to see results. While many of Coach’s past and current clients have experienced wonderful benefits from the Program, and Coach and his/her team will act in their full capacity to ensure your success and happiness in the Program, Coach cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if he or she does not experience the desired results.
Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program.
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.
Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on his/her website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for.
Client also understands he or she is purchasing the Program and participating freely and voluntarily. The information contained within the Program may not be suitable for all persons and all fitness levels, and Client understands he or she is required to modify accordingly, based upon his or her fitness levels, and instructions by physician.
Waiver/Assumption of the Risk
Client understands he/she is entering into a Program for the purpose of achieving a desired health and/or fitness goal through Coach’s Program. Client confirms he/she is entering into this Program voluntarily and of his/her own free will.
Client certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related Program with Coach. If Client elects not to obtain this medical clearance prior to beginning Program, he/she understands the potential injuries and ramifications of such actions, and agrees not to hold Coach responsible for any such injuries or negative consequences.
Client understands Program may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Client agrees he/she is aware of and assuming these risks in order to voluntarily proceed with Coach’s Program. Should any such incidents occur, Client understands it is of no fault or responsibility of Coach, and agrees Coach is not liable.
Intellectual Property
Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach;
Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by Coach as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own.
Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
This Agreement is the intellectual property of Christy Westerfeld, Esq. and may not be used (in whole or in part) without express, written permission from Ms. Westerfeld. Unauthorized use may constitute copyright infringement and may be prosecuted to the full extent of the law.
Indemnification
Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
Dispute Resolution
Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)
If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Eau Claire, Wisconsin within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
Applicable Law
This Agreement shall be governed by and under control of the laws of Wisconsin regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.
Amendments
This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party.
PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing the EnergyRx Program.
Once female Client has joined, the Program will run for a period of 90 consecutive days. During this time, Coach will provide the following products and/or services to female members within the group setting:
Recorded guided educational presentations released in modules weekly.
Up to 25 handouts with information and resources
3 Live Zoom Question & Answer calls during the 90 day program.
Access to the EnergyRx Facebook Group during the 90 days. Access will be removed after the program.
2 Energy Assessments (Nutri-Q) and written reports (One to be completed at the start of the program and one to be completed toward the end by instruction of Coach.)
10% off suggested supplements during the 90 program if purchased through Heidi Toy Functional Medicine
Recommendations for optional further testing, supplementation, and consultation at additional cost to Client
Once male Client has joined, the Program will run for a period of 90 consecutive days. During this time, Coach will provide the following products and/or services to male members within the group setting:
Recorded guided educational presentations released in modules weekly.
Up to 25 handouts with information and resources
2 Energy Assessments (Nutri-Q) and written reports (One to be completed at the start of the program and one to be completed toward the end by instruction of Coach.)
10% off suggested supplements during the 90 program if purchased through Heidi Toy Functional Medicine
Recommendations for optional further testing, supplementation, and consultation at additional cost to Client
Client has carefully read this Program Outline and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included. Coach is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time. No edits or amendments may be made to this Program Outline Addendum without express written consent of both parties.
By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed all Program Outlines, completed any and all appropriate additional research, and asked any and all necessary questions of Coach and his/her team in order to feel appropriately educated of all Programs and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.
Individual Client Terms of Use and Agreement
Standard and Premium Private Funcitonal Medicine Packages
This Agreement is made and entered into on this current day as the date the package was purchased (“Start Date”) between Educated Nutrition, LLC DBA Heidi Toy Functional Medicine, a Wisconsin Health Coach practice, (“Hereinafter referred to as “Coach” and the package payee, (Hereinafter referred to as “Client.”)
Coach and Client hereby voluntarily and willingly agree as follows:
For good and valuable consideration of two-thousand, five hundred and ninety seven dollars ($2597) and), Client has agreed to purchase the Standard Package (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline attached hereto. Client understands and agrees that Coach will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her/her training.
For good and valuable consideration of six-thousand, six-hundred and ninety seven dollars ($6697), Client has agreed to purchase the Premium Package (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline attached hereto. Client understands and agrees that Coach will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her/her training.
Program Details for Standard Package for Females
The Standard Package for females is a 3 month program designed to supplement the EnergyRx program by administering functional testing and private sessions with Coach to further define the Client’s plan for healing and support the Client in following through with the plan.
Coach will provide the following services to female clients including:
Initial Fact Finding - This is the time Coach puts in before the first Private Session or the creation of an individualized healing plan to review the Energy Assessment, any testing and research that could inform the healing plan or private session times.
Written Plans and Reports - This is any and all written documentation found within EnergyRx or sent privately to Client via email, the Nutri-Q platform, or Thinkific platform that educates or informs Client of recommendations for body system balancing. They also include any report written as a summary of functional testing Coach orders and reviews for Client.
EnergyRx Access - This encompasses all that EnergyRx offers as outlined in the EnergyRx terms and conditions.
Members Only Circle membership - This encompasses all that the Members Only Circle offers as outlined in the EnergyRx terms and conditions. It includes 3 months of membership for free. Upon the first date of the fourth month, Client’s credit card on file will be charged for the membership. Cancellation can happen at any time via the Thinkific platform.
Energy Assessment - Client gets 3 assessments to be taken approximately once a month. These assessments will come with a graph and summary report through the Nutri-Q platform. It is the Client’s responsibility to complete these assessments when prompted and notify Coach if there is any technical difficulty.
Private Session - These are 45 minute or 60 minute Zoom calls between Coach and Client. Sessions are scheduled upon prompting of Coach and agreed upon session schedule as recommended by Coach. Content of these sessions will revolve around functional testing, reviewing functional testing results, and recommendations to Client’s healing plan to bring the body systems into better balance as demonstrated on the Energy Assessment graph.
Group Session - These are monthly question and answer calls via Zoom. All calls are recorded for those Clients who cannot make the scheduled time as outlined in the Members Only Circle membership. These sessions are a part of the Members Only Circle membership which means access to these sessions is dependent upon continuation of the membership. Client will lose access to these sessions upon cancellation of the membership.
Functional Testing - This includes one functional test that will be a mineral analysis. Although Coach most commonly uses the Hair Tissue Mineral Analysis, Coach holds the right to offer any mineral test that is available to Coach.
Email Support - Client has access to Coach via email. Coach will respond within 48 business hours. No responses will be made during Saturday or Sunday. Coach reserves the right to answer questions posed in an email during a Group Session or Private Session.
Supplement Discount - Client gets a 15% discount on any Heidi Toy Functional Medicine online supplement dispensary (Fullscript, Biotics, Nutri-Dyn). It is Client’s responsibility to notify Coach if the proper supplement discount is not being applied correctly before the purchase of supplements. No refunds or price adjustments can be made after purchase of supplements.The discount expires upon the expiration of the Standard Package (3 months).
Program Details for Standard Package for Males
The Standard Package for males is a 3 month program designed to supplement the EnergyRx program by administering functional testing and private sessions with Coach to further define the Client’s plan for healing and support the Client in following through with the plan.
Coach will provide the following services to male clients including:
Initial Fact Finding - This is the time Coach puts in before the first Private Session or the creation of an individualized healing plan to review the Energy Assessment, any testing and research that could inform the healing plan or private session times.
Written Plans and Reports - This is any and all written documentation found within EnergyRx or sent privately to Client via email, the Nutri-Q platform, or Thinkific platform that educates or informs Client of recommendations for body system balancing. They also include any report written as a summary of functional testing Coach orders and reviews for Client.
EnergyRx Access - This encompasses all that EnergyRx offers as outlined in the EnergyRx terms and conditions.
Energy Assessment - Client gets 3 assessments to be taken approximately once a month. These assessments will come with a graph and summary report through the Nutri-Q platform. It is the Client’s responsibility to complete these assessments when prompted and notify Coach if there is any technical difficulty.
Private Session - These are 45 minute or 60 minute Zoom calls between Coach and Client. Sessions are scheduled upon prompting of Coach and agreed upon session schedule as recommended by Coach. Content of these sessions will revolve around functional testing, reviewing functional testing results, and recommendations to Client’s healing plan to bring the body systems into better balance as demonstrated on the Energy Assessment graph.
Functional Testing - This includes one functional test that will be a mineral analysis. Although Coach most commonly uses the Hair Tissue Mineral Analysis, Coach holds the right to offer any mineral test that is available to Coach.
Email Support - Client has access to Coach via email. Coach will respond within 48 business hours. No responses will be made during Saturday or Sunday. Coach reserves the right to answer questions posed in an email during a Group Session or Private Session.
Supplement Discount - Client gets a 15% discount on any Heidi Toy Functional Medicine online supplement dispensary (Fullscript, Biotics, Nutri-Dyn). It is Client’s responsibility to notify Coach if the proper supplement discount is not being applied correctly before the purchase of supplements. No refunds or price adjustments can be made after purchase of supplements.The discount expires upon the expiration of the Standard Package (3 months).
Program Details for Premium Package for Females
The Standard Package for women is a 5 month program designed to supplement the EnergyRx program by administering functional testing and private sessions with Coach to further define the Client’s plan for healing and support the Client in following through with the plan.
Coach will provide the following services to female clients including:
Initial Fact Finding - This is the time Coach puts in before the first Private Session or the creation of an individualized healing plan to review the Energy Assessment, any testing and research that could inform the healing plan or private session times.
Written Plans and Reports - This is any and all written documentation found within EnergyRx or sent privately to Client via email, the Nutri-Q platform, or Thinkific platform that educates or informs Client of recommendations for body system balancing. They also include any report written as a summary of functional testing Coach orders and reviews for Client.
EnergyRx Access - This encompasses all that EnergyRx offers as outlined in the EnergyRx terms and conditions.
Members Only Circle membership - This encompasses all that the Members Only Circle offers as outlined in the EnergyRx terms and conditions. It includes 3 months of membership for free. Upon the first date of the fourth month, Client’s credit card on file will be charged for the membership. Cancellation can happen at any time via the Thinkific platform.
Energy Assessment - Client gets 5 assessments to be taken approximately once a month. These assessments will come with a graph and summary report through the Nutri-Q platform. It is the Client’s responsibility to complete these assessments when prompted and notify Coach if there is any technical difficulty.
Private Session - These are up to 45 minute or 60 minute Zoom calls between Coach and Client. Sessions are scheduled upon prompting of Coach and agreed upon session schedule as recommended by Coach. Content of these sessions will revolve around functional testing, reviewing functional testing results, and recommendations to Client’s healing plan to bring the body systems into better balance as demonstrated on the Energy Assessment graph.
Group Session - These are monthly question and answer calls via Zoom. All calls are recorded for those Clients who cannot make the scheduled time as outlined in the Members Only Circle membership. These sessions are a part of the Members Only Circle membership which means access to these sessions is dependent upon continuation of the membership. Client will lose access to these sessions upon cancellation of the membership.
Functional Testing - This includes 4 functional tests that will be a mineral analysis, a metabolic/mitochondrial test, a hormone test, and a stool test. Although Coach commonly uses the same brands of each test, Coach holds the right to offer any test that is available to Coach and reasonable for the Client.
Email Support - Client has access to Coach via email. Coach will respond within 48 business hours. No responses will be made during Saturday or Sunday. Coach reserves the right to answer questions posed in an email during a Group Session or Private Session.
Supplement Discount - Client gets a 20% discount on any Heidi Toy Functional Medicine online supplement dispensary (Fullscript, Biotics, Nutri-Dyn). It is Client’s responsibility to notify Coach if the proper supplement discount is not being applied correctly before the purchase of supplements. No refunds or price adjustments can be made after purchase of supplements.The discount expires upon the expiration of the Premium Package (5 months).
Program Details for Premium Package for Males
The Standard Package for men is a 5 month program designed to supplement the EnergyRx program by administering functional testing and private sessions with Coach to further define the Client’s plan for healing and support the Client in following through with the plan.
Coach will provide the following services to female clients including:
Initial Fact Finding - This is the time Coach puts in before the first Private Session or the creation of an individualized healing plan to review the Energy Assessment, any testing and research that could inform the healing plan or private session times.
Written Plans and Reports - This is any and all written documentation found within EnergyRx or sent privately to Client via email, the Nutri-Q platform, or Thinkific platform that educates or informs Client of recommendations for body system balancing. They also include any report written as a summary of functional testing Coach orders and reviews for Client.
EnergyRx Access - This encompasses all that EnergyRx offers as outlined in the EnergyRx terms and conditions.
Energy Assessment - Client gets 5 assessments to be taken approximately once a month. These assessments will come with a graph and summary report through the Nutri-Q platform. It is the Client’s responsibility to complete these assessments when prompted and notify Coach if there is any technical difficulty.
Private Session - These are up to 45 minute or 60 minute Zoom calls between Coach and Client. Sessions are scheduled upon prompting of Coach and agreed upon session schedule as recommended by Coach. Content of these sessions will revolve around functional testing, reviewing functional testing results, and recommendations to Client’s healing plan to bring the body systems into better balance as demonstrated on the Energy Assessment graph.
Functional Testing - This includes 4 functional tests that will be a mineral analysis, a metabolic/mitochondrial test, a hormone test, and a stool test. Although Coach commonly uses the same brands of each test, Coach holds the right to offer any test that is available to Coach and reasonable for the Client.
Email Support - Client has access to Coach via email. Coach will respond within 48 business hours. No responses will be made during Saturday or Sunday. Coach reserves the right to answer questions posed in an email during a Group Session or Private Session.
Supplement Discount - Client gets a 20% discount on any Heidi Toy Functional Medicine online supplement dispensary (Fullscript, Biotics, Nutri-Dyn). It is Client’s responsibility to notify Coach if the proper supplement discount is not being applied correctly before the purchase of supplements. No refunds or price adjustments can be made after purchase of supplements.The discount expires upon the expiration of the Premium Package (5 months).
Modules: Coach will make available all modules, in the Standard Package course or the Premium Package course found on the Client’s Dashboard to be made available upon purchase of either Program, via Thinkific platform, released in their entirety upon purchase. These Modules are intended to release proprietary information created by Coach for personal benefit of Client. Client agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her as a result of her participation in the program.
Private Calls: Client understands he/she is entitled to the designated number of private sessions as listed on their package, up to 45-60 minute private calls with Coach on a monthly basis or as otherwise agreed upon between Coach and Client as recommended by Coach as part of the Program. Client understands he/she is to schedule each call with Coach via Zoom.
Should Coach need to reschedule a call, Coach will do everything possible to provide client with as much notice as possible, and to reschedule to a mutually agreeable time.
If Client learns she is unable to attend the call, Client agrees to cancel or reschedule the call at least 24 hours prior to the scheduled sessions. If cancellation is made within 24 hours of the scheduled call, Coach will take reasonable measures to reschedule the call for Client. If Client is a “no show” for the call and does not provide any advance notice that he/she will not be able to make the call, Client understands Coach is entitled to cancel the call without rescheduling, and may cause Client to forfeit the call.
Group Calls: If group calls are included as a part of the individual coaching program, Client understands that the time and date for such calls may not always work with Client’s schedule. Coach will do her best to ensure group calls are scheduled at a universally appropriate time, however, Client understands her inability to attend a Group Call is no fault of Coach, and does not affect Program or what is to be delivered.
Facebook Group Access: Client may also be granted access to a private group on social media organized by Coach as part of the individual coaching package. If granted access, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments.
Should Client choose to post anything in this Facebook group, Client is agreeing and acknowledging he or she will not post anything that could harm Coach or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. Client understands that if he/she makes the decision to post content that constitutes cyber bullying, Client’s comments will be removed immediately, and Coach reserves her right to take action against Client to the full extent of applicable laws.
Private Emails: If Coach has elected to allow Client reasonable access to Coach or a member of Coach’s team via email throughout the duration of Program, Client may send emails as issues/questions/comments arise. Coach suggests utilizing [email protected] with any questions or concerns throughout the course of Program, and Coach or a member of Coach’s team will respond within 48 business hours. Client understands Coach and Coach’s team receive an extremely high volume of emails daily, and understands if he/she does not receive an immediate response, Coach or Coach’s team will respond as quickly as possible.
Confidentiality
This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Coach agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, coaching sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, financial information, coaching strategies, exercises, or other methodologies Client learns as a result of working with Coach, plans or outlines for future programs or packages, information contained in documents or any other original work created by Coach, and any and all other intellectual property (discussed below.)
Client and Coach agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Coach shall survive the expiration of this Agreement and Coach’s services. This means Client and Coach both agree to continue to keep Confidential Information private, even after the completion of working with Coach.
Client also understands that due to the group nature of this Program, Client may also become privy to confidential information belonging to other members of the Program, and agrees to use the same caution in refraining from disclosing, sharing, or using information learned by participating in the Group Calls, in the private Facebook group, or via any other channels utilized in this Program.
Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Program, Client understands additional action may be taken by Coach up to and including legal action.
Intellectual Property Rights
Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, tutorial videos, trade secrets, marketing strategies, Facebook ad strategies, guides, and any other original work created by Coach. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end your participation in the Program without refund, as well as access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach;
Post, distribute, copy, steal or otherwise use any portion of the Program or its content without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Payment
Client agrees to render payment via credit card (any major credit card accepted by Thinkific) and understands that the full purchase amount is due and payable upfront. Client agrees that absent an agreement regarding a payment plan with Coach, he/she must complete payment in full before becoming entitled to any products or services included within Program.
Payment Plan:
If Coach HAS offered Client a payment plan, all information regarding payment schedule is outlined in the attached Payment Plan Addendum. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: [ (1) the reminder of the Program may be forfeited until payment is made; and (2) Client will owe a five percent (5%) late fee. A payment is to be considered late if not paid within fifteen (15) days of the date it is due. Accounts that have not been paid after 30 days will be turned over to collections, and the balance of Client’s account will be come due and payable. If Client’s account is turned over to collections, Client understands and agrees he/she is responsible for any and all fees accrued, in addition to the original account outstanding balance.]
Coach reserves the right to cancel or cease working with Client should he/she fail to make additional payments in accordance with the Payment Plan as agreed upon at the beginning of the Program. Should this occur, Client understands she is not entitled to a refund of funds already issued to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
Refund Policy
Coach is not able to offer refunds once the Client has purchased the Program. Client understands this provision, and agrees that he or she is not entitled to a refund once payment has been issued to Coach.
Client further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle him/her to a refund.
Indemnification
Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
Disclaimer
Client agrees and understands that Coach cannot guarantee any specific results, outcomes, or changes to Client’s current situation, and will hold Coach harmless if he or she does not experience the desired results. Client is entering into this agreement voluntarily and of his or her own free will, and readily understands that he or she may or may not experience results desired, or achieved by other clients of Coach.
Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a purely voluntary basis and does not hold Coach responsible should Client become dissatisfied with any portion of the Program.
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of his or her work with Coach, as long as Coach delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.
Dispute Resolution
Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.) If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Eau Claire, Wisconsin, within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
Applicable Law
This Agreement shall be governed by and under control of the laws of Wisconsin regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Illinois are to be applicable here.
Amendments
This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party.
Client and Coach agree this Agreement constitutes the entire agreement between Coach and Client, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Client understands that if a portion of the Program or an expectation is not included in this Agreement, it does not apply and is not included within the Program. Client has taken any necessary measures to discuss further and have any questions answered by Coach or Coach’s team, and is in full agreement with the terms outlined herein.
PAYMENT PLAN ADDENDUM
If Client requests a payment plan or purchases a program or package through a payment plan, Client agrees to follow the following payment plan schedule. Payment plans are only available for the Premium Package Program for males and females. Client and Coach hereby agree to the following payment plan and payment schedule in order to purchase the above-referenced Programs and Packages belonging to Coach, as outlined in the above Agreement and Program Outline Addendum.
Cost of Premium Program for Females
Client agrees and understands that the cost of the Premium Program, when paid in installments, is $6847, payable in 2 monthly increments of $3423.50. Client understands he/she has been provided with the option to either pay an upfront, one-time cost of $6697, or monthly installments of $3423.50, for a total investment of $6847 and agrees that he/she is electing to pay in installments. The first installment will be collected via the Thinkific platform. The second instalment will be invoiced and due immediately. Client is to issue payments to Coach as follows:
PAYMENT SCHEDULE
Cost of Premium Program for Males
Client agrees and understands that the cost of the Premium Program, when paid in installments, is $6847, payable in 2 monthly increments of $3423.50. Client understands he/she has been provided with the option to either pay an upfront, one-time cost of $6697, or monthly installments of $3423.50, for a total investment of $6847 and agrees that he/she is electing to pay in installments. The first installment will be collected via the Thinkific platform. The second installment will be paid via automatic charge of the credit card on file via the Thinkific platform. Client is to issue payments to Coach as follows:
PAYMENT SCHEDULE
Method of Payment
Client agrees to render payment via credit card and understands he/she will be charged in the amounts outlined above, on the corresponding due dates of each installment payment. Should the appropriate method of payment change at any point during the above outlined schedule, Client agrees he/she will promptly notify Coach and/or Coach’s Team to ensure payments are not missed.
Missed / Failed Payments
Should Client fall behind in payments, or if additional payments are not able to be processed, Client understands: (1) Client will have a three (3) day grace period to make the required installment payment upon receipt of invoice; (2) Client will owe a late fee of $25.00 should Client fail to make the required payment after the 3-day grace period has expired; (3) the reminder of the Program may be forfeited if payment is not made thereafter.
Coach reserves the right to cancel or stop working with Client should he/she become unable to make the additional payments in accordance with the Payment Schedule outlined above. Should this occur, Client understands she is not entitled to a refund of funds already issues to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed all Program Outlines, completed any and all appropriate additional research, and asked any and all necessary questions of Coach and his/her team in order to feel appropriately educated of all Programs and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.