Weight Loss, God's Way Health Coach™ Certification Agreement and Terms of Service

 

Please carefully read the following terms and conditions relating to your participation in the Weight Loss, God's Way Health Coach Certification Program (the "Program") which is conducted by Healthy by Design ("HBD"). By registering for the Program, you (the "Coach") signify your acceptance of and obligation to comply with these legal terms and conditions. If you have objections to any of the following Terms and Conditions, you should not register or participate in the Program. Healthy by Design reserves the right to update and change these Terms of Service without notice. A new Signature will not be required for any changes. You must always refer to the Terms of Service to ensure you have the most recently updated version.

 

Deliverables

 

Your WLGW Health Coach Certification Program includes the following:

 

Tier 1- Foundations

 

• 12 module coaching framework known as Breakthrough
• 5 Coaching modules inside the coaching portal (Kajabi)
• Peer-to-peer coaching weekend
• White-Label Marketing including our resources, forms and marketing materials
• 1 Certificate as a WLGW coach upon completion of all the requirements
• 12 Months of coaching 1x per month
• Listing on the WLGW directory
• Hot-seat coaching

 

Tier 2 - Business Builder

 

• Includes everything above plus…
• Become an Amazon best-selling (co)author on our Breakthrough book
• Business coaching on how to use your book to build your brand and your business
• Done-for-you website
• Leads generation
• 25 Copies of the Breakthorugh book with YOU on the cover
• 12 months of marketing and business coaching
• Guaranteed leads
• 1 strategy session with Preston Squire
• 1 strategy session with Cathy Morenzie
• 1 marketing course inside the Kajabi platform

 

 

 

 

General Recitals

 

• Subject to the terms and conditions of this Agreement and the successful completion of all the certification requirements, Coach will be granted a Certification of Training from HBD, which will allow the Coach to promote herself as a Weight Loss, God’s Way Health Coach™ (“WLGW”) and to utilise the Program’s proprietary 12 - module coaching framework (“Method”), materials and templates (“Coaching Resources”), and marketing strategies and templates (“Marketing Samples”), collectively referred to as “The Package,” in coaching clients in your own health coaching business, and personal life.
• Conditioned upon the Coach’s compliance with all the terms and conditions set forth in this Agreement, HBD will grant the Coach a one-year non-exclusive, non-assignable, non-transferable, and revocable certification as a WLGW coach.
• HBD will provide the training and resources on how to coach individuals and groups with an emphasis in the Method formulated originally by Cathy Morenzie, Founder of the Healthy by Design.
• Upon receipt of certification, Coach shall conduct his or her own business as a health coach, accepting that this Program is an educational and training program on the Method and not a franchise, business opportunity, employment relationship, referral program, or implied endorsement. Coach shall conduct his or her own career or business fully independently from HBD and does not need to and shall not report to or pay a portion of income or revenue to HBD. HBD will provide Marketing Samples but Coach may use them at his or her sole discretion and may conduct and market his or her business at his or her sole discretion. Coach understands that once he or she receives certification, he or she is not a representative of HBD or Cathy Morenzie in any way whatsoever and is not authorised to make any such representation.
• Upon receipt of certification, Coach will be certified and granted the right to use the Program Resources, Method, and Marketing Samples in his or her personal coaching business with individual and group clients but is prohibited from sharing, distributing, packaging, or training from the Package to other third parties who are not coaching clients without express written permission from HBD.
• The Program is a certification of completion of training of a specific Method and is not, and must not be marketed as, an implied endorsement by HBD, Cathy Morenzie or any third party as to the Coach’s actual knowledge, skill, ability, ethics, background, reputation, or business practices. HBD is only certifying that the Coach has completed the Program, which includes all the Modules in your members area, the Peer-to-Peer coaching weekend, 5 Community Practice Session and 1 coaching session with Cathy Morenzie. As such, upon receipt of the certification, Coach may market themselves only as a WLGW certified Health Coach by Healthy by Design, but may not reference Cathy Morenzie or state that you are a representative of Healthy by Design or Weight Loss, God’s Way, or a “Cathy Morenzie
• Coach”, “Healthy by Design Coach” or “Weight Loss, God’s Way Coach” but can advertised that you have been certified to coach using the Weight Loss, God’s Way method. Nor can Coach use propriety Healthy by Design logos or trademarks (outside of thier inclusion in “The Package” materials) except for the certification logo / branding which will be provided on completion of the certification process.

 

• Coach agrees to hold harmless and indemnify HBD, Cathy Morenzie, and their agents and assigns from any and all liability for any general, special or consequential loss or damages that result from the use of, or the inability to use the Program or Package, even if advised of the possibility of such possibilities or damages. Coach understands and agrees that HBD does not and cannot by law guarantee specifics or any results, income, or success in utilising The Package or any content in the Program whatsoever. HBD educates and certifies you, but is not responsible for your business or outcomes. You alone are accountable for your results in life.

Detailed Terms

 

Ownership of The Package

 

The Package are the proprietary and licensed property of HBD and are protected by copyright, trademark, and other intellectual property laws, both domestic and international. Nothing in this Agreement shall be construed as transferring, assigning, licensing, or conveying any such ownership or proprietary rights of The Package from HBD to the Coach or any other person or entity. The Coach may not remove, alter, or obscure any copyright, legal or proprietary notices in or on any portions of The Package. The Coach may not duplicate, modify, or otherwise use The Package in any other format unless otherwise noted in the Program materials or Coaching Resources without the prior written consent of HBD.

 

Coach Warranties and Limitations

 

1. Coach agrees to market its coaching services in compliance with rules and guidelines of the country of residence.
2. Coach understands and agrees he or she is prohibited from teaching or sharing The Package with any non-coaching client or parties interested in becoming a Weight Loss, God’s Way Health coach themselves. The Package is for Coach’s use in his or her personal health coaching business and may not be shared or utilised otherwise without express written consent from HBD. Coach agrees not to loan, transfer, convey, sell, share, teach from, or lease any of The Package to any third party without written approval from HBD.
3. Coach is prohibited from training or certifying any individuals, teams, or organisations in the Method or in training any party on The Package.
4. Coach is prohibited from creating, marketing, selling, or distributing any derivative works directly copied or adapted in detail from the Program or Works (the Package). Coach may train their own content and any topics related to The Package, but Coach may not train in detail from The Package with any party in any medium, and may not claim to be performing “WLGW Health coaching” unless following the Method and the sessions outlined in The Package.
5. Coach is not authorised to use Cathy Morenzie’s name in connection with marketing their services or as an endorser of their services or company. Coach shall refer to his or her certification as a “Weight Loss, God’s Way Certified Health Coach” or “WLGW Certified Health Coach” certified through Healthy by Design.

Certification Conditional on Training

 

Certification is granted to the Coach only if Coach pays for and completes the Program and its full Virtual and Peer-to-Peer components. The fee for the Program is currently at the Founders Special Offer is currently $4, 997 (Tier 1) and $9,997 (Tier 2) and includes tuition and The Package. Coach must participate in the entire virtual training and all role plays or he/she will not be certified.

 

Infringement

 

Coach agrees to report any circumstances where any third party (including the Coach’s clients) makes any unauthorised use of The Package or any other copyright, trademark or intellectual property right belonging to HBD or any Cathy Morenzie brand or content.

 

Use of Information at Your Own Risk

 

HBD provides general health education and programming for educational use only and by law does not and cannot offer professional legal, financial, health, tax, therapeutic, or psychiatric advice or treatment. The information contained in or made available through the Program cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. HBD makes no representations or warranties concerning any treatment, action, or application of medication, supplementation, or health advice by any person following the information offered or provided within or through the Program. Coach alone is responsible and accountable for his or her decisions, actions and results in life, and by his or her participation in the Program, s/he agrees not to attempt to hold HBD, Cathy Morenzie or any other related brand, affiliate or business liable for any such decisions, actions or results, at any time, under any circumstance.

 

Earnings Disclaimer

 

HBD has taken every effort to ensure accurate representation of the Program and its ability to improve people’s health. However, there is no guarantee that Coach will obtain any specific results or earn any money using any of the ideas, tools, strategies, recommendations, or Works of the Program, and HBD does not purport any "get rich schemes" in this Program. Nothing in the Program is a promise or guarantee of results or future earnings, and neither the Program or HBD offers any legal, medical, tax, financial, or other professional advice. Any financial numbers referenced in the Program or associated Works are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Making decisions based on any information presented in this Program or any HBD products, events, services, or websites should be done only with the knowledge that Coach could experience risk or losses just like any entrepreneurial or career endeavour. Coach’s level of success in attaining any results is dependent upon a number of factors including background, skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, HBD cannot and does not guarantee Coach’s success, income level, or ability to earn revenue. This Program takes a lot of work and discipline just like any worthwhile career or professional continuing education program. Coach should use caution and always consult an accountant, lawyer, or professional advisor before acting on this or any information related to a lifestyle change or business and financial decision.

 

 

 

 

 

Peer-to-peer Coaching Weekend and Breakthrough Coaching

 

Audio/Visual Release

 

By participating in Peer-to-Peer Coaching Weekend, Coach understands that the virtual event will be recorded in video and audio and/or captured in still and/or digital photographs. Coach agrees and expressly grants to HBD and its agents and assigns the right and permission in perpetuity to use such recordings and photographs regardless of whether they include Coach’s name, likeness, voice, biographical details, testimonials, or otherwise for marketing, advertising, or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Coach. Coach understands and agrees that all recordings from the event are the exclusive rights of HBD and Coach is not entitled to any compensation for the use of recordings or photographs in which Coach appears or speaks. HBD owns all rights of any audio, video, and/or photograph captured during the event or at any of the HBD or Cathy Morenzie's other events.

 

Coach is not permitted, under any circumstances, to film, record, or capture audio or video footage or screen recordings during the Peer-to-Peer Coaching Weekend training sessions. Coaches who violate this may be asked to delete the footage, discontinue the use of the device (such as a recording pen), and/or may be removed from the Program without refund.

 

WLGW Refund Policy

 

We guarantee that you will be 100% satisfied with the WLGW Certification. If you are not 100%, you must notify us prior to the Peer-to-Peer weekend, you will be refunded minus $700. You must show completion of all available modules and required assignments due up to the point of your refund request. No refunds will be issued once the Peer-to-peer Coaching Weekend begins because by then we will have explained or handed out some of our proprietary tools and processes. This keeps the group to serious members only, protects our intellectual property, and respects everyone's time, energy and investment in one another. All reimbursements are at the sole discretion of Cathy Morenzie and all decisions are final and binding. Your refund will be processed within 14 days of receiving your request.

 

WLGW Conduct Rules

 

HBD requires all Coaches to be respectful and professional to our staff, speakers, and other attendees and their guests throughout the Weight Loss, God’s Way Academy (a.k.a. Breakthrough) and Peer-to-Peer Coaching Weekend, even during non-scheduled downtime, breaks and virtual chats. HBD reserves the right to ask Coach to leave the virtual training immediately should they be deemed rude, uncooperative or unprofessional. In such a case, the Coach’s tuition/fees for the Program will not be reimbursed under any circumstances and they will not receive any future products, services, or correspondence from HBD or qualify for our satisfaction guarantee or any other written or implied guarantee, product or service. These same conduct rules apply after Peer-to-Peer Coaching Weekend. If any Coach is deemed to be rude, unethical, or behaves in a manner that compromises the WLGW community, standards or brand, HBD reserves the right to revoke the coach’s certification in its sole discretion without reimbursement.

 

Program Indemnification, Limitation of Liability

 

Under no circumstances, including but not limited to negligence, will Cathy Morenzie, HBD, or any representative or related brand or business be liable for any special or consequential loss or damages that result from the use of, or the inability to use the Program or Works, even if advised of the possibility of such possibilities or damages. The Program and Works are provided “as-is” and in no event will HBD, Cathy Morenzie or their assigns be liable to the Coach or the Coach’s client, business, or assigns for any direct, indirect, general, special, incidental, consequential, exemplary, or other damages arising from the Coach’s use, marketing, or delivery of such Works. Coach agrees that the liability of HBD, Cathy Morenzie or his assigns, if any, arising from breach of agreement, negligence, strict liability in tort or any other legal theory or proceeding shall not exceed the tuition cumulatively paid by the Coach to HBD for the Weight Loss, God's Way Health Coach Program. Coach agrees to irrevocably and unconditionally waive, to the fullest extent permitted by law, any right he or she may have to participate as a representative or member of any class of claimants in any class action against HBD, Cathy Morenzie, or any of its affiliated entities, now or hereafter pending relating to the Program or transactions evidenced by this Agreement or similar transactions.

 

Relationship of Parties

 

Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, referral relationship, or employment relationship between the Parties. Coach is a fully separate and independent entity and assumes all responsibility for any and all federal, state, provincial, local and/or foreign income taxes and self-employment taxes, and any and all other federal, state and local licensees, fees or taxes, or sales tax, including withholding taxes, social security taxes, social insurance, and public liability and workers’ compensation insurance. HBD provides no benefits to Coach such as health insurance, unemployment insurance, worker's compensation insurance, or any other insurance, employee, business or health benefit or compensation. Coach is prohibited from making any representation, acting as or entering into any contract, agreement, relationship or understanding on behalf of HBD or Cathy Morenzie.

 

Entire Understanding and Dispute

 

This Agreement constitutes the entire agreement between the HBD and the Coach with respect to the Program, WLGW and the Method and supersedes all prior or contemporaneous communications, proposals or understandings, whether electronic, oral or written. This Agreement shall be construed and interpreted according to the province of Ontario in the country of Canada and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the Coach shall include their heirs, successors, assigns, and personal representatives. In the event of a dispute between HBD and Coach regarding this Agreement, any such disputes, controversies and claims arising out of or relating to this Agreement, it shall be resolved via non-binding mediation in the province of Ontario via a professional mediator obtained by HBD.

 

Term of Agreement

 

Upon the 1-year anniversary of certification, the Coach will have to pay a $997 yearly fee (or $97 per month) for ongoing training and certification (business builders is $1997 per year or $197 per month). Coach must also successfully attend the Program’s peer-to-peer coach certification weekend every year in order to renew your certification (the renewal fees also covers this attendance). If Coach’s certification lapses and is

 

not renewed each calendar year, Coach must recertify again and pay the full program fee, which will be $ 4,997.00, but may be increased in the future, to do so.

 

Complete Agreement

 

IN WITNESS WHEREOF, the Parties have indicated their acceptance of the terms of this Agreement by the signatures set forth below on the Effective date indicated in full understanding that these terms are binding in all respects and territories unless prohibited by law. Each individual signing for a corporate entity hereby personally warrants his or her legal authority to bind that entity. I, the undersigned Coach, agree to the terms and conditions detailed in this binding Agreement: