Eat Your Way Happy - 30 Day Challenge Terms & Conditions

Lacy M. Suby, PLLC  DBA Level Up Mental Health Collaborative

2300 Library Circle

Grand Forks, ND 58201-6328

Office: (701) 757-0477 Fax: (701) 772-1763

Term of Services. The Eat Your Way Happy - 30 Day Challenge shall be valid for a term of thirty (30) days commencing on June 4, 2024. By completion of purchase of this program, you as the Coaching Client (hereafter referred to as "Coaching Client") are thereby acknowledging having read, understood and agreed to the terms outlined within this document. 

 Coaching/Scope of Services. By completing the purchase of the Eat Your Way Happy - 30 Day Challenge program you acknowledge that the services provided within this program are coaching services. Coaching will seek to assist you with health and life transformational tools and strategies that will create shifts and changes in your life moving forward. 

 Disclaimer. Coaching Client understands that Level Up MHC. do not promise or guarantee any physical, mental, or financial results. Coaching Client also understands this program is not intended to provide legal, tax, financial, accounting, therapy, or medical advice. 

 Intellectual Property. Due to the sensitive nature of these private health design plans and protocols this proprietary information is strictly forbidden from being shared, as it may result in significant health risks for others. Coaching Client understands and agrees that Level Up Mental Health Collaborative's Eat Your Way Happy processes, strategies, and individual health fitness designs are confidential and proprietary information solely owned by Level Up Mental Health Collaborative. You further agree that your violation of this provision will cause substantial harm to Level Up Mental Health Collaborative, and for which we may seek all legal redress, which may include an injunction or substantial damages. 

 Confidentiality. Coaching Client also agrees to maintain the confidential nature of the Eat Your Way Happy program and agrees not to duplicate, disseminate, distribute or otherwise disclose any part to any third parties, for any reason, part of a public domain or required by a valid legal process, whereby you will provide prompt written notice to Level Up Mental Health Collaborative. Coaching Client also agrees to maintain the integrity and anonymity of other group members, knowing this is a safe and protected space to facilitate personal health transformation, growth and development. You further agree that your violation of this provision will cause substantial harm to Level Up Mental Health Collaborative, and for which we may seek all legal redress, which may include an injunction or substantial damages. 

 If a Coaching Client violates the confidentiality clause and shares data such as, (access codes, any health plans, personal data, etc.) Level Up Mental Health Collaborative may also terminate services if in our sole opinion, Coaching Client is not conducting yourself or your business in a manner which is disparaging or disruptive to Level Up Mental Health Collaborative or infringes upon Level Up Mental Health Collaborative’s intellectual property rights or violates the confidentiality covenant stated above.

 Assumption of Risk. All customized Eat Your Way Happy - 30 Day Challenge programs will be undertaken at Coaching Client’s sole risk and volition. Eat Your Way Happy - 30 Day Challenge or its coaches or trainers shall not be liable for any harm, injuries or damage to Coaching Client or their property, or be subject to any claim, demand, liability or damages whatsoever, including, without limitation, those resulting from acts of active or passive negligence on the part of Eat Your Way Happy - 30 Day Challenge or its coaches, its successors or assigns, as well as its officers and agents, for all such claims, demands, liabilities, damages, actions or causes of actions.

 Indemnity. Coaching Client shall indemnify, defend and hold harmless Level Up Mental Health Collaborative from and against any and all liability (including each of the respective directors, officers and employees, as the case may be) including, but not limited to, direct losses or claims, damages, liabilities, expenses and disbursements (including the reasonable fees, expenses and disbursements of attorney and/ or other professional fees and costs) suffered and/or incurred by Level Up Mental Health Collaborative (each a “Claim”) which may arise out of or as a result of: (i) failure on the part of the Coaching Client to comply with the terms and conditions of this document; (ii) any alleged or actual infringement, whether or not under the applicable laws, of any third party’s proprietary rights; (iii) negligence, misconduct or other tortious conduct; (iv) breach of any applicable law; and (v) misrepresentations made herein.