www.LandonGilfillan.com (Landon Gilfillan Nutrition) WAIVER/RELEASE/ASSUMPTION OF RISK
By using the site and purchasing any related Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the site and any related Service immediately. YOU MUST MAKE CONTACT AT HELLO@LANDONGILFILLAN.COM WITH ANY QUESTIONS RELATING TO THIS AGREEMENT. By purchasing any Service by Company, you certify that you agree to this Agreement.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Waiver/Release/Assumption of Risk terms;
“Service” refers to the services that we provide, including our nutrition and health consulting services and our Site;
“Site” refers to our website, www.landongilfillan.com;
"Company" refers to our company, Landon Gilfillan Nutrition
"Trainer" refers to Landon Gilfillan, including our nutrition and health consulting services and our Site;
“User” refers to anyone who uses our Service, including general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Landon Gilfillan Nutrition.
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to LGN, without any additional authorization, for which you will receive an electronic receipt. You also agree that LGN is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Payment in full is required before you will be permitted to participate in any paid LGN resources.
Refund Policy for Landon Gilfillan Nutrition: Refunds are not available due to buyer's remorse. In order to request a refund, you must have completed all of the modules and worksheets for the program, and have asked for and received coaching at least ten (10) times from Landon Gilfillan. LGN may require that you submit documentation, including without limitation your self-coaching and completed exercises for each of the modules, all the completed worksheets from the program, and the coaching you received by email to firstname.lastname@example.org . This will ensure that you have maximized the resources available inside the program.
Landon Gilfillan Nutrition’s refund policy is only applicable to clients of Landon Gilfillan’s Foundations Program; if you are not a client and participate in the program, you acknowledge that your sale is final, and you are not eligible for any refund.
Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of The Foundations Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Waiver/Release/Assumption of risk form for, but not limited to programs, products, services, opt-in gifts, e-books, videos, webinars, blog posts, e-newsletters, consultations, e-mails, social media and/or other communication.
Landon Gilfillan Nutrition and www.landongilfillan.com provide nutrition and health consulting services. Subject to this agreement, anyone is eligible to use this Site, but must be over 18 and agree to these terms to participate in any coaching service or product. By purchasing a service, you electronically agree to these terms.
In order to use our Service, you must meet a number of conditions, including but not limited to:
Landon Gilfillan Nutrition and all subsequent products are not medical advice and are not to replace the advice of health care professionals. YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIETARY CHANGES. DO NOT PURCHASE ANY SERVICE PROVIDED BY LANDON GILFILLAN NUTRITION OR ON THIS SITE, LANDONGILFILLAN.COM IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE SERVICES OFFERED BY LANDON GILFILLAN NUTRITION AND THIS SITE ARE NUTRITION, WELLNESS AND FITNESS INFORMATION AND ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THIS SITE OR ANY RELATED SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
By participating in or purchasing a Service, including but not limited to programs, products, services, opt-in gifts, e-books, videos, webinars, blog posts, e-newsletters, consultations, e-mails, social media and/or other communication you have volunteered to participate in a wellness and fitness program, in this case provided to you by Trainer. You understand this participation may include, but may not be limited to, resistance training and aerobic or cardiovascular exercise and dietary suggestions. In consideration of Trainer's agreement to instruct and train you online via document or phone, you do here now and forever release and discharge and hereby hold harmless Trainer and his respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with you participation in this or any program including any injuries resulting there from.
THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO TRAINER OR TO YOURSELF THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR NEGLIGENT INSTRUCTION OR SUPERVISION.
By purchasing any service provided by Trainer, you agree that you have been informed of, understand and are aware that any wellness and exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. You also have been informed of, understand and are aware that any wellness, exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death, and that you are voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. You hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death.
By purchasing any service provided by Trainer, you signify that you have been advised that an examination by a physician should be obtained by anyone prior to commencing a wellness, fitness and/or exercise program, or initiating a substantial change in dietary guidelines or the amount of regular physical activity performed. If you have chosen not to obtain a physician's consent prior to beginning a Service with Trainer, you hereby agree that you are doing so solely at your own risk. If you do not agree, you must contact email@example.com immediately and stop following any Service provided by Trainer. In any event, by purchasing a Service, you acknowledge and agree that you assume the risks associated with any and all wellness and fitness related activities and/or exercises in which you participate. You acknowledge that Landon Gilfillan Nutrition and all subsequent products are NOT medical advice and are NOT to replace the advice of health care professionals.
WAIVER & RELEASE OF LIABILITY -- YOU ACKNOWLEDGE THAT YOU HAVE THOROUGHLY READ THIS PAGE IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT TO WHICH YOU WILL BE BOUND, AND UNDER WHICH WILL BE WAIVING IMPORTANT LEGAL RIGHTS. YOU ARE AWARE AND AGREE THAT BY PURCHASING ANY SERVICE PROVIDED BY TRAINER, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST WHOLE HEALTHY HEART FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT. YOU HAVE READ AND VOLUNTARILY PURCHASED A SERVICE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAS BEEN MADE. YOU AGREE, FOR YOURSELF, YOUR SPOUSE, CHILDREN, SUCCESSORS, HEIRS AND ASSIGNS, AND YOUR EMPLOYEES, AGENTS, OR CONTRACTORS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND THAT SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION. DO NOT SIGN WITHOUT READING.
This form is an important legal document that explains the risks you are assuming by beginning a wellness and exercise program. It is critical that you have read and understand this document completely. If you do not understand any part of this document, it is your ultimate responsibility to ask for clarification prior to signing it.
I present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our Program, Product and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on our Site and through our Programs, Products and Services, are the culmination of numerous variables, some of which I cannot control.
The information contained on this Website or provided through our Website, Programs, Products and Services has not been evaluated by the Food and Drug Administration.
I take every precaution to protect our users’ information. When users submit sensitive information via the Website, all information is protected both online and offline. However, due to the nature of the Internet, I cannot completely ensure or warrant the security of any information transmitted to us or through my services. Submitting information is done at your own risk. I have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but I make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. You agree that I am not responsible for the views, opinions, or accuracy of facts referenced on or through my Site, or of those of any other individual or company affiliated with my business or me in any way. Because scientific, technology and business practices are constantly evolving, you agree that I am not responsible for the accuracy of my Site, or for any errors or omissions that may occur.
References or links on this Site to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute my formal endorsement. I am merely sharing information for your own self-help only. I am not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in my Site. Conversely, should my Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website either.
From time to time, I may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with mine. In the spirit of transparency, I want you to be aware that there may be instances when I promote, market, share or sell programs, products or services for other partners and in exchange I may receive financial compensation or other rewards. Please note that I am highly selective, and I only promote the partners whose programs, products and/or services I respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that I am not liable in any way for any program, product or service that I may promote, market, share or sell on or through my Site.
LandonGilfillan.com [the site] reserves the right remove any posts and/or comments without notice or explanation. We truly love hearing from any readers and enjoy most of your comments, but any comment deemed inappropriate or negative, including spam, offensive comments or rude language will be deleted without further notice or explanation. Just be nice or go away.
Please be thoughtful when you are using any images taken from this site or social media accounts. If you pin, tweet, facebook, blog, etc., please link back to the original content you found here. All designs, content and photos must be credited and linked to the original post with written permission.
LandonGilfillan.com [the site] reserves the right to update and continually improve the member experience for paying members of Landon Gilfillan Nutrition Membership. As such, terms and conditions of use may change without warning in an effort to create the most productive and streamlined learning experience for the members.
By using my Site you are agreeing to all parts of the above Terms and Policies. If you have any questions about the Terms and Policies, please contact me at firstname.lastname@example.org.