Payment Schedule. If you signed up for the monthly payment structure, you’ll be billed one time each month, for 4 months at $750.00/month. Or, if you signed up for the 1-time payment, you will be billed one time for $2500.00. Applicable taxes apply based on your location. Currency is CAD if you live in Canada (plus HST) and USD if you live outside of Canada (no sales tax). Payment will follow this payment schedule: if you signed up for the monthly payment structure, you’ll be billed one time each month for 4 months. Or, if you signed up for the 1-time payment, you will be billed one time.
Credit Card Authorization. To the extent that you provide The Living Kitchen Wellness Group your credit card information for payment on your account, we shall be authorized to charge your credit card. The Living Kitchen Wellness Group is authorized to make all charges at the time they are due, and The Living Kitchen Wellness Group is not required to seek separate authorization to do so. All of your credit card information shall be obtained and stored in a secure manner, as we respect your privacy and confidential information.
No Refunds. If you cancel your membership for any reason whatsoever, you are not entitled to a refund. We only provide a refund in circumstances that we deem, in our sole discretion, to be emergency or exceptional circumstances.
Chargebacks & Payment Security. You hereby agree not to make any chargebacks to The Living Kitchen Wellness Group’s account, whereby you dispute and void the transaction by notifying your bank claiming the charges were fraudulent or unauthorized. Furthermore, you agree that you shall not cancel the credit card provided to The Living Kitchen Wellness Group as security without concurrent notice to Us at the time such credit card is cancelled and providing The Living Kitchen Wellness Group with the replacement credit card information. You are responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with The Living Kitchen Wellness Group’s collection of payment hereunder.
Important Legal Acknowledgments
Medical Disclaimer. You acknowledge that you are not entering into a patient-healthcare-provider relationship as Living Kitchen is not acting in the capacity of a doctor, but as certified nutritional practitioners. Living Kitchen is not diagnosing or treating any disease or prescribing any medications or supplements.
Inherent Risks. You understand that working with Living Kitchen, whereby you may change your diet and nutrition, has inherent risks some of which may be more obvious than others. These risks include but are not limited to dizziness, fainting, physical discomfort, allergic reactions, choking and any other pain resulting from change in diet or nutrition, whether or not the symptoms came as a result of the negligence of yourself, negligence of others, or negligence of the Living Kitchen. Should you have any concerns or doubts about your health or ability to make changes in your diet, Living Kitchen insists you act prudently and inform us immediately of your concerns. You also acknowledge that you are able to make adjustment in your nutrition and diet that will not affect current medication or health conditions. You agree to inform Living Kitchen immediately of any and all medical conditions, food allergies, dietary restrictions or bodily impairments prior to working together.
Voluntary Assumption of Risk. Clicking the “I have read and agree to the Terms Of Service,” at checkout, illustrates your voluntary participation and assumption of any risks set out in the above section. You further agree that you have full capacity to agree to the voluntary participation in the Services.
No Warranty. You understand that Living Kitchen makes no warranty that our services will lead to any specific client goal, medical cure, or particular results and we make no promise that every client will experience the same results. In fact, every client may experience different outcomes. You acknowledge that the services provided are provided without any express or implied warranties of any kind.
Release, Waiver, and Indemnity. In consideration of the Living Kitchen Wellness Group allowing you to participate in Living Kitchen services and for good and valuable consideration, you hereby release Living Kitchen and their agents, employees, contractors, heirs, executors, administrators, successors, and assigns from any liability and damages arising from the services provided, including physical or financial damages, personal injuries or death, however caused including out of negligence, during your participation in the services with Living Kitchen. You understand that you are releasing Living Kitchen of liability at your own risk and that you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the services provided by Living Kitchen. Further, you agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. You hereby indemnify and hold harmless Living Kitchen and their agents, employees, contractors, heirs, executors, administrators, successors and assigns from any and all liability for any damages, financial loss or personal injury resulting from your participation in Living Kitchen services.
Intellectual Property. Living Kitchen has created unique meal plans, menus, and recipes to help you. You hereby acknowledge that all recipes belong exclusively to The Living Kitchen Wellness Group, as the sole Copyright Owner of the original materials. You will not reproduce or share any of our unique recipes without our prior consent, and you must ensure that the materials are not modified in any way and that The Living Kitchen Kitchen Wellness Group receives all copyright authorship credit. All of The Living Kitchen Wellness Group’s intellectual Property, including copyrighted recipes and menu materials shall remain the sole property of The Living Kitchen Wellness Group.
Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. This means that no matter what we have discussed verbally or you have signed in the past, this document now defines our entire relationship.
Independent Legal Advice. We want you to understand this Agreement and feel good about signing it. If you want to get a lawyer to review it, please take the time to do that. You acknowledge that you have read the entire Agreement and understand its contents. The client further acknowledges that he/she relied upon his/her own sources of information in signing this Agreement and did not rely on any assertions, promises or information from the Living Kitchen Wellness Group other than the terms of this Agreement.
Dispute Resolution. If problems arise, the Living Kitchen Wellness Group wants to be prepared and know that you are willing to have honest and open communication. If a dispute arises out of, or in connection with this Agreement, the parties agree to meet in person with an objective third party to act as the mediator, to be selected using a roster mediator in Toronto, Ontario, Canada to pursue resolution through negotiation and mediation before resorting to further legal recourse or litigation. All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process. If the dispute cannot be resolved after 30 days of mediation, and in the event of legal action, the prevailing party shall be entitled to recover all legal fees and court costs from the other party. All legal action must take place in the jurisdiction of the appropriate court located in Toronto, Ontario, Canada.
Good Faith. Each party agrees and promises to the other that such party has acted in good faith, and agrees to continue to do so during the negotiation, execution, delivery, performance, and any termination of this Agreement. This extends to good faith during dispute any resolution process.
Standard Legal Terms: Jurisdiction. This Agreement will be governed exclusively by the laws of the Province of Ontario. In any judicial proceeding involving a dispute arising from or with respect to this Agreement, the parties agree to submit to personal jurisdiction of the courts located in the city of Toronto, Ontario. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by the Living Kitchen Wellness Group of any breach by You of any provision of this Agreement will not be taken to be a waiver of any further breaches by You. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document.