Last updated: June 13, 2024
You (the “Member”) understand that by accessing, clicking, joining, or otherwise enrolling, electronically, verbally, or otherwise, to the Dara Tomasson Coaching Membership (the “Membership”) that you agree to be provided with products, programs, or services provided by Dara Tomasson doing business as Dara Tomasson Coaching (the “Coach”), and hereby understand that you are entering into a legally binding Agreement with the Coach and are subject to the following terms and conditions.
For access the Member must be eighteen [18] years of age or older and have the requisite mental capacity to agree to be bound by these Terms and Conditions. The Coach encourages the Member to read this Agreement carefully before accessing the Membership.
1. DEFINITIONS
2. PURPOSE
2.1 The purpose of this Agreement is to inform the Member of the Membership. The Membership is a safe space for all women, and the Coach welcomes anyone who identifies with she/her and they/them pronouns. As part of the Membership, the Member will have access to various resources provided by the Coach including online materials, group coaching calls, events, workshops, and access to an online community. The Member is made aware that the content therein may be added, amended, modified, altered, archived, or deleted should the Coach be no longer able to provide the content due to being lack of relevancy, outdated concepts, for legal or technical reasons.
3. TERM
3.1 The term of this Membership shall commence as of the date of first access to the Membership and grants the Member Lifetime Access to the Membership for the operational life of the providing company, that shall be no less than twelve [12] months from the date of commencement. Lifetime Access shall be subject to the Coach’s inability to continue to provide the Membership due to the Coach ceasing operations, filing for bankruptcy, becoming insolvent, undergoing any change of control, legal requirements, or other triggering event rendering Lifetime Access to the Membership infeasible. In such event, the Member will be provided a lifetime guarantee of no less than twelve [12] months from the date of commencement and anytime thereafter at no additional cost (the “Lifetime Guarantee”).
4. MEMBERSHIP OFFERINGS
4.1 The Membership is available subject to the following terms:
4.2 The Coach may be available for personal coaching services for an additional fee.
5. MEMBER RESPONSIBILITIES AND RESTRICTIONS
5.1 As consideration for the Member’s acceptance into the Membership, the Member acknowledges and agrees to abide by the following responsibilities and to be in full compliance with the following restrictions:
5.2 The Member further understands that they are responsible for their own learning and understanding of the Membership Materials provided by the Coach and must be committed to implementing the suggestions, exercises, and recommendations provided throughout the Membership for best results. The Member agrees to be open and willing to receive information that may feel very different from what they have historically known and understood in relation to their weight loss.
5.3 Failure to comply with these responsibilities and restrictions may include the revocation of Membership privileges.
6. MEMBERSHIP PRICE AND PAYMENT
6.1 The Member agrees and understands that they will pay a Membership fee as elected and outlined on the checkout page (the “Membership Fee”). The Member may elect at checkout to pay the Membership Fee in full or in installments. The Member will be liable for all of the payments for the term elected regardless of whether the Member continues to participate in the Membership or not.
6.2 The Membership Fee will be charged in US Dollars for all Members, with the express exception for members residing in Canada, whereby the fee will be charged in equivalency Canadian Dollars.
6.3 The Member authorizes upon their first transaction for the Coach to charge their credit card account provided in accordance with the payment plan selected. The Membership Fee will be auto-charged monthly on the same day each month for the duration of the elected payment plan. The Member agrees to provide complete, current, and accurate payment information and to update the Coach should any payment information change, prior to the payment due date, to avoid any fees and charges.
6.4 Membership will be refused if payment has not been made as required by this Agreement and the Coach reserves the right to cancel the Membership if there is a failure in payment. The Member will receive a message from the Coach upon the missed Membership Fee payment, presenting the Member an opportunity to update their credit card information.
6.5 The Member agrees that the charges on their credit card in compliance with sections 6.1, 6.2, 6.3 and 6.4 are irrevocable, undisputable and may not under any circumstance be charged back, contested or challenged now or in the future. The Member understands that doing so would be a material breach of this Agreement in which the Coach would be entitled to legal fees, costs and fees associated with addressing a chargeback in addition to the amount challenged. Should the Member not pay the amount submitted within ten [10] days, the Coach will turn it over to a collections company. The Member further agrees that signing of this Agreement is proof of purchase and all that is necessary to establish to the credit card company, Coach or banking institution to deny a chargeback to the Member.
6.6 In the event of any duplicate Membership Fee charges incurred by the Member, the Member should contact the Coach for further discussion at: support@daratomasson.com.
7. REFUND POLICY
7.1 The Member understands that all sales are final and are not eligible for any refund under any circumstance, be it known or unknown now or in the future, if the Member has been provided access to the Membership. The Member further agrees and understands that changing their mind about the Membership, failing to follow through or understand the details of the Membership, not experiencing the results they expected or desired, or experiencing any other similar situations does not, under any circumstance, warrant a refund. The Member further accepts that disputing a charge through their own financial institution is a violation of this Agreement and agrees not to do so.
7.2 The Member understands that they bear the full responsibility to make an informed decision prior to committing to the financial obligations outlined in Section 6: Membership Price and Payment. The Member further agrees that they have entered into this Agreement with full capacity and clarity of mind and emotion, and are fully capable of making the financial commitment as listed herein. The Member understands that the Coach is not aware of the Member’s financial situation and will not participate in or tolerate any manipulation by the Member to alter payment of the fees owing under Section 6: Membership Price and Payment or herein.
8. ACCOUNT CREATION AND DATA COLLECTION
8.1 The Coach invites the Member to create an account with a username and password on the Coach’s Membership portal (the “Membership Portal”). The Member is responsible for maintaining the confidentiality and security of their account and password, and for all activities that occur within their account. The Member shall notify the Coach immediately of any unauthorized use of their account or password, or any other breach of security. As part of the account creation, the Member agrees to provide the Coach with accurate, complete, and current information upon registration and will update their information as necessary. The Member must not use another member’s account with or without their permission, and must not share their account with another individual.
8.2 As part of the account creation, the Member understands and agrees that the Coach may collect, use, and disclose aggregated, anonymized, or de-identified data and statistics derived from the Member’s access to and use of the Membership. This information may include but is not limited to the number of users, age of users, the frequency and duration of use, the types of activities and interactions, location of users, preferences and feedback, and other metrics and/ or trends. The Coach may use this data for their own purposes such as improvements and enhancements to the Membership and related services, conducting internal research and analysis, and generating reports and insights. The Coach may share this data without identifying you, with their partners, sponsors, advertisers, and third parties.
9. CANCELLATION
9.1 The Member may cancel the Membership at any time. The Member will remain responsible for the required payment(s) of the Membership Fee regardless of cancellation of the Membership. Written notice must be sent to support@daratomasson.com.
9.2 The Member understands that the Coach retains the right to and may limit, suspend, or cancel the Member’s access the Membership at any time and without refund if the Member (i) becomes disruptive or difficult to work with, (ii) fails to follow Membership guidelines, (iii) is found to harass staff, or other members and clients, of the Coach, or (iv) is found negatively speaking about the products and/or services offered by the Coach in public forums without prior consultation with the Coach. The Member understands that any money owing to the Coach at the time of cancellation will become due at the effective date of cancellation.
10. MEDIA RELEASE AND TESTIMONIALS
10.1 The Member hereby grants full permission to the Coach to photograph, and/or record the related activities in which they are participating as outlined in this Agreement. The Member acknowledges that the Coach may use the photographs, motion pictures, videotapes, recording or any other record of the Member’s participation in any related activities for purposes of social media, website, advertising, online courses, archiving, and without limitation, commercial use (the “Media”). The Member hereby releases the Coach from all claims in which the Member may have now or in the future for compensation of any kind arising out of the Member’s participation in said Media and acknowledges all such Media to be the exclusive property of the Coach.
11. INTELLECTUAL PROPERTY OWNERSHIP
11.1 Any designs and materials, inclusive of any slide decks, presentations, or recorded workshops, produced by the Coach and/or third parties within the Membership will remain the intellectual property of the Coach and may not be used in any other form without prior written consent. The Member is provided with a non-exclusive, non-transferable single-user license authorizing the Member to use the materials for their individual purposes only. Nothing in this Agreement shall constitute a transfer of ownership of any intellectual property from the Coach to the Member. The Member agrees and understands they are 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 the Coach or obtained through working with the Coach, without the Coach’s express written consent. If such behavior is discovered or suspected, the Coach reserves the right to immediately terminate the Member’s participation in the Membership without refund, as well as access to any additional 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.
11.2 The Coach acknowledges that some of the material used within the Membership Materials may include theories, modalities, thought-processes, studies and findings, from additional sources. The Coach will strive to appropriately source and credit the external authors throughout these materials.
12. LINKS TO THIRD-PARTY WEBSITES & AFFILIATE USE
12.1 The Membership Portal and various channels may contain links to third-party websites and/ or resources, which are not maintained or related to the Coach. All such linked websites, materials and pages are not under the control of the Coach and the Coach is not responsible for the content contained in any linked website nor for any losses or damages the Member may incur as a result of the use of any such website. The Member acknowledges and agrees that the Coach is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available to or from these linked websites. The Member understands that the Coach accepts no liability, directly or indirectly, for any errors, damages, or omissions contained in third-party websites. The intended purpose of the links provided is to improve the Member’s use of the Membership, to enable the Member to connect with the Coach on various platforms, and to help the Coach offer the Membership.
12.2 The Coach may share reviews of products and/or services that they love at the Coach’s sole discretion, but from time to time, the Coach may participate in affiliate marketing and may allow affiliate links to be included within the Membership in exchange for a commission earned when the Member clicks or makes a purchase. The Coach promises to only participate in affiliate marketing with products and/or services that they believe provide value to the Member. Anything the Coach shares is not professional advice and the Coach asks that the Member not rely solely on said opinion(s). It is the Member’s responsibility to inform themselves independently if the product and/or service may be of benefit.
12.3 The Member understands that they retain the right to choose to work with any company and/or platform mentioned, recommended, or taught through the Membership and the Member further understands it is at their discretion to inform themselves independently if the product and/or service may be of benefit.
13. NON-DISPARAGEMENT
13.1 The Member shall not at any time, either throughout or post their access to the Membership directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Coach and/or the Membership in any way.
14. PRIVACY AND CONFIDENTIALITY
14.1 The Member agrees to give the Coach permission to keep a confidential record of the Member’s name, contact information, and payment information throughout the Membership. The Coach has implemented commercially reasonable technical and organizational measures designed to secure Member content and associated data from accidental loss and from unauthorized access, use alteration, or disclosure. The Coach cannot guarantee that unauthorized third parties will not be able to defeat those measures and/ or use the Member’s content or associated data for improper purposes. The Member acknowledges that all Member content and associated data is provided to the Coach at their own risk.
14.2 Due to the nature of the Membership, the Member understands that the Coach is not able to guarantee the privacy and confidentiality of the information posted and/ or shared by the Member within the Membership channel(s) or through the Membership Portal. The Coach encourages the Member to be cautious of the information they are sharing in the public forums offered as part of the Membership, and the potential personal nature of their posts. The Coach will not be responsible for any damages or injury incurred by the Member as a result of their posting.
15. LIMITATION OF LIABILITY
15.1 Limitation of Liability: The Member’s decision to enroll in the Membership, use the information contained therein the Coach offers is purely voluntary, and the Member understands the Coach is not responsible or liable for any harm or damage to the Member resulting from direct or indirect use of Membership Materials, content contained or sold on the Coach’s website or contained in the Membership Portal. The Member agrees to hold the Coach harmless from any damages directly or indirectly resulting from the use of the content, products or services sold or visible on the Coach’s website, on the Membership Portal and/or distributed through email, social media marketing, or advertising, and further agrees that the applicant will not make any claims against the Coach herein.
15.2 Indemnity: As a condition of access to the Membership, the Member hereby releases the Coach and its directors and affiliates from and against any and all liabilities, expenses (which include legal fees) and damages arising out of claims resulting or arising from the Member’s use of the Membership.
15.3 Release of Claims: The Member releases any right to claims against the Coach to the maximum extent as permissible under applicable law. The Member agrees that under no circumstances will the Coach be liable to any party, for any type of damages resulting, or claiming to result from any use of, or reliance on, our Membership or content found therein, and the Member hereby releases the Coach from any and all claims whether known now or discovered in the future.
16. MEMBERSHIP GUARANTEES
16.1 As part of the Member’s enrollment in the Membership, the Coach provides a guarantee that the Member’s weight shall drop twenty [20] pounds in the first ninety [90] days of the Membership Term. Should the Member fail to drop twenty [20] pounds of weight in the first ninety [90] days, the Coach commits to refunding the Member’s Membership Fee on one [1] occasion.
16.2 The Member explicitly understands that full participation in the Membership is a requirement to such guarantee and that any deviation from and/or non-implementation of the programming and/or recommendations provided by the Coach, failure to attend weekly group coaching calls, or to participate in ‘thought download’ exercises may result in the forfeiture of this guarantee, without recourse or exception. The Coach reserves all discretion when enabling the Membership guarantee.
16.3 The Member will be responsible for providing accurate disclosure of weight loss reporting related to the Membership, as required. The Coach reserves the right to request further disclosure of weight loss reporting by the Member in the event there is a concern regarding the integrity of the Member’s reporting related to the Membership guarantee. In the event the Coach becomes aware of the Member’s inaccuracy of reporting, the Coach further reserves the right to terminate this Agreement with immediate effect.
17. DISCLAIMER
17.1 The Membership is solely meant to provide educational information. With the exception of Section 16: Membership Guarantees, the Coach does not guarantee any specific results, outcomes or changes to the Member’s current situation, inclusive of health and weight metrics, and the Member shall hold the Coach harmless if the Member does not experience such desired results. The Member understands that the Coach does not guarantee any level of results from the Client’s participation or use of the Membership with the exception of Section 16: Membership Guarantees, and results may vary from member to member based upon unique circumstances, individual commitment, health issues, and dedication and desire to follow the Membership.
17.2 The Member understands that all services provided by the Coach in connection with the Membership 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. The Member is choosing to enroll in the Membership and work with the Coach on a purely voluntary basis and does not hold the Coach responsible should the Member become dissatisfied with any portion of the Membership.
17.3 The Member understands that the Membership is not a medical diagnosis, and therefore does not substitute professional medical advice if needed, and does not prevent, cure, or treat any medical disorder or medical disease. The Coach encourages the Member to obtain professional medical advice prior to engaging with the Coach and the Membership. The Coach will not discuss medical diagnoses, medical treatment plans, or any medications during the Membership. No medical advice will be provided. Further, the Member understands that the Coach is not a qualified medical doctor, nurse, dietitian, or licensed health practitioner. Nothing contained within the Membership is intended to take the place of a consultation with any such professional. The Member confirms and agrees that they will not use the Membership as a substitute for medical appointments, dietetic care, or other medical treatment.
17.4 The Member accepts that if they are currently under the care of a mental health professional, it is recommended that the Member promptly inform the medical health care provider details of the nature and extent of the Membership and related activities agreed upon by the Member and the Coach. The Member understands that if during the duration of the Membership, the Coach feels that the nature of the discussion is outside of the scope in which the Coach is able to provide services, that the Coach will either refer the Member to someone else and/or terminate the Membership with a refund pro-rata.
17.5 The Member understands that any support provided is not, and shall not, be considered therapy and that the Member must not attempt to discuss the specifications of their personal circumstances with the Coach during this time. The Member understands that they may experience uncomfortable and unfamiliar feelings or ‘triggers’ while participating in the Membership. The Member is encouraged to seek professional medical care in such instances and will be responsible for all costs associated with such care. The Coach will refrain from answering any questions related to personal circumstances, opinions relating to diets or diagnostics, medical questions or the like, and will limit the scope of any question(s) or answer(s) to the deeper understanding of the Membership Materials.
17.6 The Member understands that all supplements recommendations provided by the Coach as part of the Membership are general recommendations to aid in weight loss and weight loss management. The Member understands and agrees that it remains their sole responsibility to consult a medical professional prior to their consumption of these supplements. The Coach will not be responsible for the Members consumption or non-consumption of the recommended supplements.
17.7 The Member acknowledges and understands that the Coach will provide a variety of weight loss management techniques over the term of the Membership. These techniques, education, and other tasks range from those more beginner to advanced. The Member retains the right to choose the techniques and tasks they participate in, and which techniques and tasks they choose to skip. The Coach understands and acknowledges that not all techniques are appropriate for each individual participant and encourages the Member to only participate in techniques and tasks that are comfortable for them.
17.8 The Member understands and accepts that any information and/or suggestions posted by other members within the Membership Portal or various channels are not vetted by the Coach. The Coach will not be liable for any harm or damages incurred as a result of response to the information and/or suggestions.
18. HEALTH WAIVER
18.1 The Member understands that by participating in the Membership, they may experience overwhelming and new feelings related to their health, and more specifically their weight loss. The Membership is focused on regulating food consumption and educating the Member on weight loss management practices which may affect the Member’s overall health. The Member understands that their enrollment in the Membership is entirely voluntary and they agree that while they have issues related to weight, they have the mental capacity to enroll and participate in the Membership.
18.2 The Member further understands and agrees that the Coach will not perform any diagnostic testing or provide diagnoses throughout the Membership. The Member agrees and acknowledges that nothing within the Membership is diagnostic, and is not intended to be a diagnostic tool. The Coach does not run any lab testing for the Member, and will not review any lab testing provided by the Member. The Membership Materials provided are solely for educational purposes and not intended to substitute for a medical diagnosis provided by a medical professional.
19. WAIVER OF LIABILITY
19.1 The Member recognizes and understands that the Membership will recommend a series of activities, inclusive of, but not exhaustive of, self-reflection and weight loss management techniques. The Member fully understands the risks involved with their participation in the Membership and fully assumes all such risks involved.
19.2 The Member agrees to observe and obey all posted and spoken rules, warnings and oral instructions provided by the Coach in relation to the Membership. If, however, the Member observes any unusual hazards or unwanted feelings, the Member understands it is their responsibility to remove themselves and bring any such attention to the Coach.
19.3 Physical and Mental Ability: The Member represents and warrants that they are in good physical and mental condition and have no medical condition(s) that would prevent and/or limit their full participation in the Membership. The Member understands that it is their responsibility to consult with a physician prior to, and in regards to, their participation in the Membership with the Coach. The Member, hereby certifies that they have not been advised against participating in the Membership by a qualified health professional.
19.4 Assumption of Risk: In consideration of being permitted to participate in the Membership with the Coach, the Member agrees to assume full responsibility for any risks, injuries and/or damages, physical or mental, known or unknown, now or in the future, which they might incur as a result of participation in the Membership with the Coach. The Member knowingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of the Coach, and the Member assumes full responsibility for their participation, inclusive of the discussing weight loss management practices.
19.5 Waiver of Rights: The Member further understands they are waiving certain legal rights and agree to be forever prevented from suing or otherwise claiming against the Coach and its providers for any personal injury that they may sustain during their participation in the Membership with the Coach.
20. MODIFICATIONS
20.1 The Coach reserves the right, at their sole discretion, to modify, replace or revise these terms and conditions of this Membership Agreement at any time and without notice. What constitutes a material change will be determined at their sole discretion. By continuing to access or use the Membership after those revisions become effective, the Member agrees to be bound by the revised terms. If the Member does not agree to the new terms, please stop accessing the Coach’s Membership. The Coach further reserves the rights to modify, suspend or discontinue, whether temporarily or permanently, the services (or any part thereof) or products, for any reason without notice.
21. SEVERABILITY
21.1 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.
22. FORCE MAJEURE
22.1 Neither Party will be responsible for delays resulting from causes beyond their reasonable control, including without limitation fire, explosion, floods, storms, pandemics, state of emergency, hazardous situations, war, strike, or riot, and either party may choose to excuse themselves from further performance of their obligations under this Agreement if such occurrence materially affects the performance of Services. The party relying on Force Majeure will give the other party reasonable notice of their desire to terminate or suspend the Membership. Notwithstanding, all payments owing for Membership will remain due and payable with such amount to be determined by the Coach.
23. APPLICABLE LAW
23.1 This Agreement shall be governed by the laws of the Province of British Columbia regardless of conflict of law principles, and regardless of the location of the Member. The Member understands this and agrees that the laws of British Columbia shall have exclusive jurisdiction over any disputes relating to this agreement.
24. BINDING EFFECT
24.1 This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
25. CONTACT
25.1 If there are any questions about these Terms, the Coach can be contacted at: support@daratomasson.com.
You (the “Member”) understand that by accessing, clicking, joining, or otherwise enrolling, electronically, verbally, or otherwise, to the Dara Tomasson Coaching Membership (the “Membership”) that you agree to be provided with products, programs, or services provided by Dara Tomasson doing business as Dara Tomasson Coaching (the “Coach”), and hereby understand that you are entering into a legally binding Agreement with the Coach and are subject to the following terms and conditions.
For access the Member must be eighteen [18] years of age or older and have the requisite mental capacity to agree to be bound by these Terms and Conditions. The Coach encourages the Member to read this Agreement carefully before accessing the Membership.
1. DEFINITIONS
- Agreement refers to this Membership Agreement that forms the entire agreement between You and the Coach regarding your participation in the Membership;
- Lifetime Access refers to access to the Membership for the duration of the operational life of the providing company;
- Member refers to the participant enrolling in the Membership (referred to as either “You”, “Member”);
- Membership refers to the full platform that encompasses the Membership inclusive of Member benefits.
2. PURPOSE
2.1 The purpose of this Agreement is to inform the Member of the Membership. The Membership is a safe space for all women, and the Coach welcomes anyone who identifies with she/her and they/them pronouns. As part of the Membership, the Member will have access to various resources provided by the Coach including online materials, group coaching calls, events, workshops, and access to an online community. The Member is made aware that the content therein may be added, amended, modified, altered, archived, or deleted should the Coach be no longer able to provide the content due to being lack of relevancy, outdated concepts, for legal or technical reasons.
3. TERM
3.1 The term of this Membership shall commence as of the date of first access to the Membership and grants the Member Lifetime Access to the Membership for the operational life of the providing company, that shall be no less than twelve [12] months from the date of commencement. Lifetime Access shall be subject to the Coach’s inability to continue to provide the Membership due to the Coach ceasing operations, filing for bankruptcy, becoming insolvent, undergoing any change of control, legal requirements, or other triggering event rendering Lifetime Access to the Membership infeasible. In such event, the Member will be provided a lifetime guarantee of no less than twelve [12] months from the date of commencement and anytime thereafter at no additional cost (the “Lifetime Guarantee”).
4. MEMBERSHIP OFFERINGS
4.1 The Membership is available subject to the following terms:
- The Coach will provide all information contained within the Membership to the Member to aid in their learning and weight-loss process. The Coach will encourage and support the Member and make all attempts to aid the Member in utilizing the information provided.
- The Member will have access to the Membership, any updates made in the Membership materials, and the online program hub for the lifetime existence of the Membership.
- The Member will have access to video and audio lessons, and various educational materials, including but not limited to, supplement recommendations, supplement dosing guides, suggested food list(s), and module handouts to accompany each lesson (the “Membership Materials”).
- The Membership is an initial container of twelve [12] months with weekly group coaching calls as prescribed by the Coach expanding on module materials with a question and answer period. The Member understands that all questions must be based exclusively upon Membership Materials, and expansion or clarification of those concepts. Each weekly group coaching call will be sixty [60] minutes in length held virtually. The Membership will be able to ask questions by voice or in the chat option during the weekly group coaching call. Weekly group coaching calls will be recorded and uploaded to the Membership Portal.
- The Member will have access to the Membership’s social media group and the related content therein for the duration of the Membership. Additional time in the social media group is at the direction of the Coach.
- The Member is responsible to ensure they have internet connectivity and are able to connect with the Coach and the class on time.
4.2 The Coach may be available for personal coaching services for an additional fee.
5. MEMBER RESPONSIBILITIES AND RESTRICTIONS
5.1 As consideration for the Member’s acceptance into the Membership, the Member acknowledges and agrees to abide by the following responsibilities and to be in full compliance with the following restrictions:
- Respectful Conduct: Members must conduct themselves in a respectful manner at all times and are encouraged to contribute to a positive and supportive environment within the Membership. This includes fostering an atmosphere of collaboration, cooperation, and mutual respect among all participants. Disrespectful, disruptive, or abusive behaviour is strictly prohibited.
- Confidentiality: Members shall maintain strict confidentiality regarding sensitive information, discussions, or materials shared within the Membership. Sharing, disclosing, or using such information outside the Membership without explicit consent is prohibited. Members must exercise discretion and refrain from sharing sensitive information or discussions outside the Membership without explicit consent. Respecting each other's privacy fosters trust and creates a conducive environment for meaningful interactions within the group.
- Non-Discrimination: Members must uphold a commitment to inclusivity and non-discrimination. Discriminatory actions or remarks based on race, ethnicity, gender, religion, sexual orientation, or any other protected characteristic are strictly prohibited and may result in immediate termination of membership.
- Compliance with Policies: Members are required to adhere to all policies, rules, and regulations established by the Membership organization. Failure to comply may result in sanctions or termination of Membership privileges.
- Compliance with Applicable Laws: Members must comply with all applicable local, state, and federal laws in their participation within the Membership. Any illegal or unlawful activities are strictly prohibited.
5.2 The Member further understands that they are responsible for their own learning and understanding of the Membership Materials provided by the Coach and must be committed to implementing the suggestions, exercises, and recommendations provided throughout the Membership for best results. The Member agrees to be open and willing to receive information that may feel very different from what they have historically known and understood in relation to their weight loss.
5.3 Failure to comply with these responsibilities and restrictions may include the revocation of Membership privileges.
6. MEMBERSHIP PRICE AND PAYMENT
6.1 The Member agrees and understands that they will pay a Membership fee as elected and outlined on the checkout page (the “Membership Fee”). The Member may elect at checkout to pay the Membership Fee in full or in installments. The Member will be liable for all of the payments for the term elected regardless of whether the Member continues to participate in the Membership or not.
6.2 The Membership Fee will be charged in US Dollars for all Members, with the express exception for members residing in Canada, whereby the fee will be charged in equivalency Canadian Dollars.
6.3 The Member authorizes upon their first transaction for the Coach to charge their credit card account provided in accordance with the payment plan selected. The Membership Fee will be auto-charged monthly on the same day each month for the duration of the elected payment plan. The Member agrees to provide complete, current, and accurate payment information and to update the Coach should any payment information change, prior to the payment due date, to avoid any fees and charges.
6.4 Membership will be refused if payment has not been made as required by this Agreement and the Coach reserves the right to cancel the Membership if there is a failure in payment. The Member will receive a message from the Coach upon the missed Membership Fee payment, presenting the Member an opportunity to update their credit card information.
6.5 The Member agrees that the charges on their credit card in compliance with sections 6.1, 6.2, 6.3 and 6.4 are irrevocable, undisputable and may not under any circumstance be charged back, contested or challenged now or in the future. The Member understands that doing so would be a material breach of this Agreement in which the Coach would be entitled to legal fees, costs and fees associated with addressing a chargeback in addition to the amount challenged. Should the Member not pay the amount submitted within ten [10] days, the Coach will turn it over to a collections company. The Member further agrees that signing of this Agreement is proof of purchase and all that is necessary to establish to the credit card company, Coach or banking institution to deny a chargeback to the Member.
6.6 In the event of any duplicate Membership Fee charges incurred by the Member, the Member should contact the Coach for further discussion at: support@daratomasson.com.
7. REFUND POLICY
7.1 The Member understands that all sales are final and are not eligible for any refund under any circumstance, be it known or unknown now or in the future, if the Member has been provided access to the Membership. The Member further agrees and understands that changing their mind about the Membership, failing to follow through or understand the details of the Membership, not experiencing the results they expected or desired, or experiencing any other similar situations does not, under any circumstance, warrant a refund. The Member further accepts that disputing a charge through their own financial institution is a violation of this Agreement and agrees not to do so.
7.2 The Member understands that they bear the full responsibility to make an informed decision prior to committing to the financial obligations outlined in Section 6: Membership Price and Payment. The Member further agrees that they have entered into this Agreement with full capacity and clarity of mind and emotion, and are fully capable of making the financial commitment as listed herein. The Member understands that the Coach is not aware of the Member’s financial situation and will not participate in or tolerate any manipulation by the Member to alter payment of the fees owing under Section 6: Membership Price and Payment or herein.
8. ACCOUNT CREATION AND DATA COLLECTION
8.1 The Coach invites the Member to create an account with a username and password on the Coach’s Membership portal (the “Membership Portal”). The Member is responsible for maintaining the confidentiality and security of their account and password, and for all activities that occur within their account. The Member shall notify the Coach immediately of any unauthorized use of their account or password, or any other breach of security. As part of the account creation, the Member agrees to provide the Coach with accurate, complete, and current information upon registration and will update their information as necessary. The Member must not use another member’s account with or without their permission, and must not share their account with another individual.
8.2 As part of the account creation, the Member understands and agrees that the Coach may collect, use, and disclose aggregated, anonymized, or de-identified data and statistics derived from the Member’s access to and use of the Membership. This information may include but is not limited to the number of users, age of users, the frequency and duration of use, the types of activities and interactions, location of users, preferences and feedback, and other metrics and/ or trends. The Coach may use this data for their own purposes such as improvements and enhancements to the Membership and related services, conducting internal research and analysis, and generating reports and insights. The Coach may share this data without identifying you, with their partners, sponsors, advertisers, and third parties.
9. CANCELLATION
9.1 The Member may cancel the Membership at any time. The Member will remain responsible for the required payment(s) of the Membership Fee regardless of cancellation of the Membership. Written notice must be sent to support@daratomasson.com.
9.2 The Member understands that the Coach retains the right to and may limit, suspend, or cancel the Member’s access the Membership at any time and without refund if the Member (i) becomes disruptive or difficult to work with, (ii) fails to follow Membership guidelines, (iii) is found to harass staff, or other members and clients, of the Coach, or (iv) is found negatively speaking about the products and/or services offered by the Coach in public forums without prior consultation with the Coach. The Member understands that any money owing to the Coach at the time of cancellation will become due at the effective date of cancellation.
10. MEDIA RELEASE AND TESTIMONIALS
10.1 The Member hereby grants full permission to the Coach to photograph, and/or record the related activities in which they are participating as outlined in this Agreement. The Member acknowledges that the Coach may use the photographs, motion pictures, videotapes, recording or any other record of the Member’s participation in any related activities for purposes of social media, website, advertising, online courses, archiving, and without limitation, commercial use (the “Media”). The Member hereby releases the Coach from all claims in which the Member may have now or in the future for compensation of any kind arising out of the Member’s participation in said Media and acknowledges all such Media to be the exclusive property of the Coach.
11. INTELLECTUAL PROPERTY OWNERSHIP
11.1 Any designs and materials, inclusive of any slide decks, presentations, or recorded workshops, produced by the Coach and/or third parties within the Membership will remain the intellectual property of the Coach and may not be used in any other form without prior written consent. The Member is provided with a non-exclusive, non-transferable single-user license authorizing the Member to use the materials for their individual purposes only. Nothing in this Agreement shall constitute a transfer of ownership of any intellectual property from the Coach to the Member. The Member agrees and understands they are 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 the Coach or obtained through working with the Coach, without the Coach’s express written consent. If such behavior is discovered or suspected, the Coach reserves the right to immediately terminate the Member’s participation in the Membership without refund, as well as access to any additional 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.
11.2 The Coach acknowledges that some of the material used within the Membership Materials may include theories, modalities, thought-processes, studies and findings, from additional sources. The Coach will strive to appropriately source and credit the external authors throughout these materials.
12. LINKS TO THIRD-PARTY WEBSITES & AFFILIATE USE
12.1 The Membership Portal and various channels may contain links to third-party websites and/ or resources, which are not maintained or related to the Coach. All such linked websites, materials and pages are not under the control of the Coach and the Coach is not responsible for the content contained in any linked website nor for any losses or damages the Member may incur as a result of the use of any such website. The Member acknowledges and agrees that the Coach is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available to or from these linked websites. The Member understands that the Coach accepts no liability, directly or indirectly, for any errors, damages, or omissions contained in third-party websites. The intended purpose of the links provided is to improve the Member’s use of the Membership, to enable the Member to connect with the Coach on various platforms, and to help the Coach offer the Membership.
12.2 The Coach may share reviews of products and/or services that they love at the Coach’s sole discretion, but from time to time, the Coach may participate in affiliate marketing and may allow affiliate links to be included within the Membership in exchange for a commission earned when the Member clicks or makes a purchase. The Coach promises to only participate in affiliate marketing with products and/or services that they believe provide value to the Member. Anything the Coach shares is not professional advice and the Coach asks that the Member not rely solely on said opinion(s). It is the Member’s responsibility to inform themselves independently if the product and/or service may be of benefit.
12.3 The Member understands that they retain the right to choose to work with any company and/or platform mentioned, recommended, or taught through the Membership and the Member further understands it is at their discretion to inform themselves independently if the product and/or service may be of benefit.
13. NON-DISPARAGEMENT
13.1 The Member shall not at any time, either throughout or post their access to the Membership directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Coach and/or the Membership in any way.
14. PRIVACY AND CONFIDENTIALITY
14.1 The Member agrees to give the Coach permission to keep a confidential record of the Member’s name, contact information, and payment information throughout the Membership. The Coach has implemented commercially reasonable technical and organizational measures designed to secure Member content and associated data from accidental loss and from unauthorized access, use alteration, or disclosure. The Coach cannot guarantee that unauthorized third parties will not be able to defeat those measures and/ or use the Member’s content or associated data for improper purposes. The Member acknowledges that all Member content and associated data is provided to the Coach at their own risk.
14.2 Due to the nature of the Membership, the Member understands that the Coach is not able to guarantee the privacy and confidentiality of the information posted and/ or shared by the Member within the Membership channel(s) or through the Membership Portal. The Coach encourages the Member to be cautious of the information they are sharing in the public forums offered as part of the Membership, and the potential personal nature of their posts. The Coach will not be responsible for any damages or injury incurred by the Member as a result of their posting.
15. LIMITATION OF LIABILITY
15.1 Limitation of Liability: The Member’s decision to enroll in the Membership, use the information contained therein the Coach offers is purely voluntary, and the Member understands the Coach is not responsible or liable for any harm or damage to the Member resulting from direct or indirect use of Membership Materials, content contained or sold on the Coach’s website or contained in the Membership Portal. The Member agrees to hold the Coach harmless from any damages directly or indirectly resulting from the use of the content, products or services sold or visible on the Coach’s website, on the Membership Portal and/or distributed through email, social media marketing, or advertising, and further agrees that the applicant will not make any claims against the Coach herein.
15.2 Indemnity: As a condition of access to the Membership, the Member hereby releases the Coach and its directors and affiliates from and against any and all liabilities, expenses (which include legal fees) and damages arising out of claims resulting or arising from the Member’s use of the Membership.
15.3 Release of Claims: The Member releases any right to claims against the Coach to the maximum extent as permissible under applicable law. The Member agrees that under no circumstances will the Coach be liable to any party, for any type of damages resulting, or claiming to result from any use of, or reliance on, our Membership or content found therein, and the Member hereby releases the Coach from any and all claims whether known now or discovered in the future.
16. MEMBERSHIP GUARANTEES
16.1 As part of the Member’s enrollment in the Membership, the Coach provides a guarantee that the Member’s weight shall drop twenty [20] pounds in the first ninety [90] days of the Membership Term. Should the Member fail to drop twenty [20] pounds of weight in the first ninety [90] days, the Coach commits to refunding the Member’s Membership Fee on one [1] occasion.
16.2 The Member explicitly understands that full participation in the Membership is a requirement to such guarantee and that any deviation from and/or non-implementation of the programming and/or recommendations provided by the Coach, failure to attend weekly group coaching calls, or to participate in ‘thought download’ exercises may result in the forfeiture of this guarantee, without recourse or exception. The Coach reserves all discretion when enabling the Membership guarantee.
16.3 The Member will be responsible for providing accurate disclosure of weight loss reporting related to the Membership, as required. The Coach reserves the right to request further disclosure of weight loss reporting by the Member in the event there is a concern regarding the integrity of the Member’s reporting related to the Membership guarantee. In the event the Coach becomes aware of the Member’s inaccuracy of reporting, the Coach further reserves the right to terminate this Agreement with immediate effect.
17. DISCLAIMER
17.1 The Membership is solely meant to provide educational information. With the exception of Section 16: Membership Guarantees, the Coach does not guarantee any specific results, outcomes or changes to the Member’s current situation, inclusive of health and weight metrics, and the Member shall hold the Coach harmless if the Member does not experience such desired results. The Member understands that the Coach does not guarantee any level of results from the Client’s participation or use of the Membership with the exception of Section 16: Membership Guarantees, and results may vary from member to member based upon unique circumstances, individual commitment, health issues, and dedication and desire to follow the Membership.
17.2 The Member understands that all services provided by the Coach in connection with the Membership 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. The Member is choosing to enroll in the Membership and work with the Coach on a purely voluntary basis and does not hold the Coach responsible should the Member become dissatisfied with any portion of the Membership.
17.3 The Member understands that the Membership is not a medical diagnosis, and therefore does not substitute professional medical advice if needed, and does not prevent, cure, or treat any medical disorder or medical disease. The Coach encourages the Member to obtain professional medical advice prior to engaging with the Coach and the Membership. The Coach will not discuss medical diagnoses, medical treatment plans, or any medications during the Membership. No medical advice will be provided. Further, the Member understands that the Coach is not a qualified medical doctor, nurse, dietitian, or licensed health practitioner. Nothing contained within the Membership is intended to take the place of a consultation with any such professional. The Member confirms and agrees that they will not use the Membership as a substitute for medical appointments, dietetic care, or other medical treatment.
17.4 The Member accepts that if they are currently under the care of a mental health professional, it is recommended that the Member promptly inform the medical health care provider details of the nature and extent of the Membership and related activities agreed upon by the Member and the Coach. The Member understands that if during the duration of the Membership, the Coach feels that the nature of the discussion is outside of the scope in which the Coach is able to provide services, that the Coach will either refer the Member to someone else and/or terminate the Membership with a refund pro-rata.
17.5 The Member understands that any support provided is not, and shall not, be considered therapy and that the Member must not attempt to discuss the specifications of their personal circumstances with the Coach during this time. The Member understands that they may experience uncomfortable and unfamiliar feelings or ‘triggers’ while participating in the Membership. The Member is encouraged to seek professional medical care in such instances and will be responsible for all costs associated with such care. The Coach will refrain from answering any questions related to personal circumstances, opinions relating to diets or diagnostics, medical questions or the like, and will limit the scope of any question(s) or answer(s) to the deeper understanding of the Membership Materials.
17.6 The Member understands that all supplements recommendations provided by the Coach as part of the Membership are general recommendations to aid in weight loss and weight loss management. The Member understands and agrees that it remains their sole responsibility to consult a medical professional prior to their consumption of these supplements. The Coach will not be responsible for the Members consumption or non-consumption of the recommended supplements.
17.7 The Member acknowledges and understands that the Coach will provide a variety of weight loss management techniques over the term of the Membership. These techniques, education, and other tasks range from those more beginner to advanced. The Member retains the right to choose the techniques and tasks they participate in, and which techniques and tasks they choose to skip. The Coach understands and acknowledges that not all techniques are appropriate for each individual participant and encourages the Member to only participate in techniques and tasks that are comfortable for them.
17.8 The Member understands and accepts that any information and/or suggestions posted by other members within the Membership Portal or various channels are not vetted by the Coach. The Coach will not be liable for any harm or damages incurred as a result of response to the information and/or suggestions.
18. HEALTH WAIVER
18.1 The Member understands that by participating in the Membership, they may experience overwhelming and new feelings related to their health, and more specifically their weight loss. The Membership is focused on regulating food consumption and educating the Member on weight loss management practices which may affect the Member’s overall health. The Member understands that their enrollment in the Membership is entirely voluntary and they agree that while they have issues related to weight, they have the mental capacity to enroll and participate in the Membership.
18.2 The Member further understands and agrees that the Coach will not perform any diagnostic testing or provide diagnoses throughout the Membership. The Member agrees and acknowledges that nothing within the Membership is diagnostic, and is not intended to be a diagnostic tool. The Coach does not run any lab testing for the Member, and will not review any lab testing provided by the Member. The Membership Materials provided are solely for educational purposes and not intended to substitute for a medical diagnosis provided by a medical professional.
19. WAIVER OF LIABILITY
19.1 The Member recognizes and understands that the Membership will recommend a series of activities, inclusive of, but not exhaustive of, self-reflection and weight loss management techniques. The Member fully understands the risks involved with their participation in the Membership and fully assumes all such risks involved.
19.2 The Member agrees to observe and obey all posted and spoken rules, warnings and oral instructions provided by the Coach in relation to the Membership. If, however, the Member observes any unusual hazards or unwanted feelings, the Member understands it is their responsibility to remove themselves and bring any such attention to the Coach.
19.3 Physical and Mental Ability: The Member represents and warrants that they are in good physical and mental condition and have no medical condition(s) that would prevent and/or limit their full participation in the Membership. The Member understands that it is their responsibility to consult with a physician prior to, and in regards to, their participation in the Membership with the Coach. The Member, hereby certifies that they have not been advised against participating in the Membership by a qualified health professional.
19.4 Assumption of Risk: In consideration of being permitted to participate in the Membership with the Coach, the Member agrees to assume full responsibility for any risks, injuries and/or damages, physical or mental, known or unknown, now or in the future, which they might incur as a result of participation in the Membership with the Coach. The Member knowingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of the Coach, and the Member assumes full responsibility for their participation, inclusive of the discussing weight loss management practices.
19.5 Waiver of Rights: The Member further understands they are waiving certain legal rights and agree to be forever prevented from suing or otherwise claiming against the Coach and its providers for any personal injury that they may sustain during their participation in the Membership with the Coach.
20. MODIFICATIONS
20.1 The Coach reserves the right, at their sole discretion, to modify, replace or revise these terms and conditions of this Membership Agreement at any time and without notice. What constitutes a material change will be determined at their sole discretion. By continuing to access or use the Membership after those revisions become effective, the Member agrees to be bound by the revised terms. If the Member does not agree to the new terms, please stop accessing the Coach’s Membership. The Coach further reserves the rights to modify, suspend or discontinue, whether temporarily or permanently, the services (or any part thereof) or products, for any reason without notice.
21. SEVERABILITY
21.1 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.
22. FORCE MAJEURE
22.1 Neither Party will be responsible for delays resulting from causes beyond their reasonable control, including without limitation fire, explosion, floods, storms, pandemics, state of emergency, hazardous situations, war, strike, or riot, and either party may choose to excuse themselves from further performance of their obligations under this Agreement if such occurrence materially affects the performance of Services. The party relying on Force Majeure will give the other party reasonable notice of their desire to terminate or suspend the Membership. Notwithstanding, all payments owing for Membership will remain due and payable with such amount to be determined by the Coach.
23. APPLICABLE LAW
23.1 This Agreement shall be governed by the laws of the Province of British Columbia regardless of conflict of law principles, and regardless of the location of the Member. The Member understands this and agrees that the laws of British Columbia shall have exclusive jurisdiction over any disputes relating to this agreement.
24. BINDING EFFECT
24.1 This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
25. CONTACT
25.1 If there are any questions about these Terms, the Coach can be contacted at: support@daratomasson.com.