TERMS SPECIFIC TO VIDAFIT TRUE FOOD DELIVERY
1. NUTRITIONAL COUNSELING
Nutritional counseling is available with our premiere and our convenience plans. All adults on the account are eligible for a free, 15 minute phone (or equivalent email) consultation with one of our talented Registered Dietitians. Premiere plans are eligible for bi-weekly counseling where as convenience plans are monthly. During these calls (or emails if you prefer), we determine your resting metabolic rate and nutritional requirements, assist with meal planning, label reading, and any other nutritional questions that you may have. Please note that nutritional counseling as a part of the meal delivery service is intended to provide a very light touch of support. If you’re interested in more active support and frequent nutritional counseling, or perhaps personal training, VidaFit’s Be Well Program would be a good option. Athlete packages do not include nutritional couseling, but can be added on as an addtional paid service.
2. RESULTS ARE NOT GUARANTEED
We are not guaranteeing weight loss or any specific results on the meal delivery service. If you would like guaranteed results, please sign up for VidaFit’s Be Well Program!
3. FOOD ALLERGENS
If you have a food allergy that is moderate to severe we DO NOT recommend our meal delivery service for you. If you have a very MILD food allergy, please use extreme caution when using the meal delivery service. We make every effort and use best practices to avoid cross contamination, but we cannot guarantee that there won’t be any cross contamination with your meals.
Please note that if you have adverse reactions to specific foods, it is your responsibility to ensure that you do not eat these foods. VidaFit cannot be held liable for any damages related to allergies or other medical conditions. If you have any questions regarding food allergens in our meal delivery service, please contact us.
4. ELIGIBILITY FOR SERVICE
You may NOT use this Service if you (a) have been told by a doctor to follow a sodium restricted diet of less than 2500 mg sodium daily, (b) have been clinically diagnosed with severe malnutrition and/or cachexia, (c) are on enteral or parenteral nutrition, (d) currently have any of the following medical conditions: acute renal failure, bone marrow transplant less than 100 days from today, bowel obstruction, chronic renal insufficiency, colostomy, end stage kidney disease, end stage liver disease, gastrectomy (stomach removed), gastric bypass surgery less than 365 days from today, HIV+/AIDS, ileostomy.
5. BILLING POLICY
You will be required to purchase packages by end of the day Friday for the following weeks delivery. During the checkout process you will be promoted to fill out your billing information. For Premiere packages orders are on a weekly basis and must be completed by end of the day Friday. Convenience packages are on as 12 week service contract and will be automatically billed throughout the 12 week time frame. Athlete packages are automatically billed on a weekly basis until service is stopped. You are able to start and stop services as needed, but require log in to your account.
6. CREATING AN ACCOUNT
During your first order you will be required to create an account. This account can be utilized to track your previous orders, cancel services and ordering additional packages.
7. CANCELLING SERVICES
In order to cancel or stop your service you must log into your account and request for your service or order to be stopped. All order cancellations must be received by the end of the day Friday. Refunds will be provided in the form of account credit if cancellations are received after end of the day Friday.
8. CLOSING YOUR ACCOUNT
Upon cancellation, we will collect all VidaFit supplies or materials in your possession. The deposit originally collected from you at the beginning of the service will be refunded, less Applicable Fees.
TERMS SPECIFIC TO VIDAFIT BE WELL PROGRAM
1. PAY FOR RESULTS
1.1 The VidaFit Promise (“Guarantee Results”) – If at the end of the contract you notify us in writing that you have not achieved the agreed contract goal and you have met your client responsibilities and terms of this agreement, VidaFit will extend your contract at no additional charge, on a month-to-month basis, until you achieve the contract goal OR for a period up to the total duration of the original contract, whichever happens first.
1.2 VidaFit Metrics – We measure your wellness across a number of dimensions (health, body shape, strength, flexibility, endurance) as well across your daily habits (exercise, nutrition, and lifestyle). At the start of the program, we do a complete assessment (“Baseline Test”) and every 8 weeks thereafter. We may add or remove some metrics from the testing process. Below are the VidaFit Metrics that we normally monitor:
1.2.1 VidaFit lifestyle metrics – average calorie burn, average daily steps, exercise sessions/week, stretch sessions/week; grams protein/day, portions vegetables and fruit/day, weekly healthy fats, breakfast frequency, 5-hour gap frequency, golden half-hour score, calorie intake, watch-out foods score, daily water intake, number of healthy recipes; amount of sleep, sleep efficiency;
1.2.4 VidaFit health and fitness metrics – resting heart rate, cholesterol HDL ratio, triglycerides, fasting glucose, nicotine levels, body weight, BMI, body fat %, visceral fat, waist/hip ratio, maximum pushups, 1-minute sit ups, front plank, left/right side plank, left/right 1 leg wall squat, maximum jack knife, seat and reach, FMS deep squat, FMS left/right hurdle step, FMS left/right inline lunge, FMS left/right shoulder mobility, FMS left/right impingement clearing test, FMS left/right active straight leg raise, FMS trunk stability push up, FMS press up clearing test, FMS left/right rotary stability, FMS posterior rocking test, total FMS score (includes 17 metrics), 360 round robin, 1-minute recovery heart rate, V02max.
1.3 Contract Goals – The plan that you purchased determines the level of Guaranteed Results, and therefore the contract goal for VidaFit Metrics.
1.3.1 The following VidaFit plans guarantee results: Ultimate (20% improvement), Standard (15% improvement), Core (10% improvement), Foundation (5% improvement)
1.3.2 The following VidaFit plans do NOT guarantee results: Annual Membership, Quick Start, Tune-up, Family Trial
1.3.3 For example, someone who purchased the Ultimate Plan (which guarantees a 20% improvement) and weighed 250 pounds at the start of the program, the contract goal for body weight would be set to 200 pounds (equal to a 50 pound loss, or 20% of the starting body weight).
1.3.4 The contract goal will NOT be set to unhealthy levels. For example, if you signed up for the Ultimate Plan, but your body weight is within 5% of a healthy value, the contract goal will be set to a 5% reduction of weight (not 20% reduction that normally comes with the Ultimate Plan).
1.4 Goal Achievement – Your exercise, nutrition, and lifestyle plans will be personalized to help you focus on your VidaFit metrics of choice. Please note that VIDAFIT DOES NOT GUARANTEE AN IMPROVEMENT IN ANY ONE VIDAFIT METRIC. VidaFit contractual obligations are considered met in full when you meet or exceed ANY EIGHT of the contract goals set for the VidaFit Metrics AND VidaFit has provided the total number of promised sessions.
1.5 Life Coach – The Life Coach is your main point of contact and has ultimate accountability for ensuring that you achieve the contract goals. Please contact your Life Coach with questions or program feedback or if you need a little extra motivation or help.
2. ACCOUNTING FOR TIME
2.1 Sessions – Unless otherwise agreed in writing, each VidaFit Plan provides a promised number of sessions (“Total Sessions”) as follows: Ultimate (72 sessions), Standard (60 sessions), Core (48 sessions), Foundation (24 sessions), Annual Membership (24 sessions), Quick Start (12 sessions), Tune-up (5 sessions), and Family Trial (3 sessions).
2.1.1 Each session is 45 (forty-five) minutes long and may be broken up into smaller chunks of time and provided by VidaFit via any communication channel (on-site, phone, email, or text).
2.1.2 VidaFit travel time is NOT counted towards the Total Sessions nor are phone calls, emails, or text communications that you initiate with your Life Coach.
2.1.3 All time where VidaFit is adding value (evaluation of exercise or food diaries, creation of wellness plans, testing, creation of testing reports, expert-to-expert communications, etc.) is counted towards the Total Sessions. Therefore, NOT ALL SESSION TIME WILL BE IN DIRECT CONTACT BETWEEN A VIDAFIT EXPERT AND YOU.
2.2 Default Schedule and Deliverables – Unless otherwise noted below, the average number of monthly sessions may vary. Some months may be higher (e.g. at the beginning of the program), while others may be lower (e.g. towards the end of the program as you become more self-sufficient). Soon after you start, your Life Coach will provide you with a personalized Road Map for the program that summarizes the schedule for your review. The default schedule and type of sessions for the main VidaFit plans are as follows:
2.2.1 Annual Membership – two sessions a month with your expert of choice. Unused sessions in any given month may carry forward to the next month. All unused sessions at the end of the plan expire.
2.2.2 Foundation Plan – Four monthly sessions that may be used for nutritional counseling, kitchen coaching, or life coaching. Plan includes personalized nutrition and lifestyle plan, weekly food diary analysis, detailed meal planning, cooking lessons, and one-on-one coaching. Sessions are delivered primarily by phone and email with a monthly onsite visit.
2.2.3 Core Plan – eight monthly sessions typically divided as follows: Foundation Plan plus four onsite sessions, typically 2 Personal Training sessions and 2 Massage Therapy sessions.
2.2.4 Standard Plan – Ten monthly sessions typically divided as follows: Foundation Plan plus six onsite sessions that may be used for personal training or massage therapy.
2.2.5 Ultimate Plan – Twelve monthly sessions typically divided as follows: Foundation Plan plus eight onsite sessions that may be used for personal training or massage therapy.
3. YOUR COMMITMENT
3.1 Client Responsibilities – You agree to purchase all required equipment, supplies, and required subscriptions (e.g. activity tracker subscription), record all food intake and exercise activity in your digital diary, and wear your activity tracker 24 hours a day (except in wet conditions). You will weigh yourself weekly on your Wi-Fi scale and upload the results to your online dashboard, meet with your VidaFit experts per your wellness plans, communicate regularly with your Life Coach, and implement in a timely manner the wellness plans and assignments provided to you by VidaFit. You understand that you are expected to exercise on your own when not with your VidaFit expert per your exercise plan. You also agree not to work or exercise while sick (i.e. less than 100% healthy) and notify the Life Coach if for any reason you are unable to comply with these responsibilities.
3.2 Additional Support and Upgrade Options – If you find that you would like additional support to implement your client responsibilities, you may upgrade your plan without penalty at any time during the course of the program. The original subscription may be canceled and replaced with a new subscription. You may also purchase individual services, such as Personal Training, Nutritional Counseling, Massage Therapy, Life Coaching or Personal Chef Services to help accelerate your progress and make the journey more enjoyable.
3.3 Illness, Injury, or Medical Condition – If you are unable to comply with the client responsibilities and/or are unable to achieve the contract goals guaranteed by your VidaFit plan due to illness, injury, or any identified medical condition, both parties agree to EITHER waive the VidaFit Results Guarantee and modify the wellness plans to work around any written restrictions indicated by a medical professional OR terminate this contract (see Termination, section 6.5).
3.4 Noncompliance with Client Responsibilities – If you are noncompliant with the client responsibilities for non-medical reasons, you will be provided three written reminders (which may be in the form of emails, text messages, or within progress reports). Following the third reminder, VidaFit reserves the right to either waive the VidaFit Results Guarantee or terminate the contract (see Termination, section 6.5).
4.1 Program Payment – You are responsible for paying the TOTAL CONTRACT AMOUNT, equal to the total monthly amount (if paying monthly) times the number of months in the VidaFit plan. Payment should be provided directly to a VidaFit Partner or Sales Representative, never directly to a VidaFit Wellness Professional or Business Partner.
4.2 Refundable Hardware Deposit – All VidaFit plans (except for the Family Trial) include the USE (not ownership) of a VidaFit-provided activity tracker and high-tech scale. A refundable hardware deposit is collected at the beginning of the program and will be returned in full to you once BOTH the activity tracker and scale are returned to VidaFit in good working condition.
4.2.1 You are not responsible for damage classified as “normal wear and tear” by the manufacturer of the hardware.
4.2.2 If either the activity tracker or scale are not returned in good working condition, you forfeit the total hardware deposit.
4.2.3 At the end of the program, VidaFit will NOT remind you about the refundable deposit. If you do not request the deposit back, VidaFit will assume that you wish to keep the provided hardware for continued personal use.
4.3 Gross Bill Rate – Unless otherwise agreed in writing, VidaFit’s Gross Bill Rate is $149 (one hundred forty nine dollars) per session.
4.4 Cancellation of Appointments – Appointments can be cancelled or rescheduled by the client up to 24 hours before the appointment. Cancellation within 24 hours of a scheduled appointment will result in a written warning. On the second occurrence, the Client’s credit card will be billed without prior authorization for the equivalent of one session, at VidaFit’s Gross Bill Rate.
4.5 Termination and Refunds – The Client or VidaFit may terminate the agreement for any reason at any time per the following terms:
4.5.1 Early Termination – You or VidaFit request termination in writing up to 14 (fourteen) DAYS from the start of the contract (“Cancellation Period”), triggering a pro-rated refund equivalent to: the total contract value less the number of VidaFit sessions provided to date (“Sessions To Date”) times the Gross Bill Rate.
4.5.2 Late Termination – You or VidaFit request termination after the Cancellation Period, triggering a pro-rated refund equivalent to: the total contract value less a $1,000 (one thousand dollars) cancellation fee and less the number of Sessions To Date times the Gross Bill Rate.
4.5.3 Session To Date Special Terms – During the course of the program, VidaFit may provide extra Sessions to you as good will, beyond what was promised in the contract, to help you achieve the best possible results. Upon termination, you are responsible for paying the cancellation fee if applicable and for ALL SESSIONS TO DATE, NOT JUST THE SESSIONS PROMISED IN YOUR PLAN OR THOSE PREVIOUSLY INVOICED TO YOU. Your credit card may be billed without prior authorization to cover any outstanding due amount.
4.5.4 Refund Processing – VidaFit has 30 (thirty) calendar days from the date the termination request was received in writing by VidaFit to process the refund.
GENERAL TERMS – APPLIES TO SITE AND ALL SERVICES
1 Leonard Holdings LLC and Client – All terms above and below reference Leonard Holdings LLC (“VidaFit” or “we”) and the Client (“You”).
2 Wellness Professionals – As part of the Service, VidaFit will provide you with access to Wellness Professionals, including but not limited to: Personal Trainers, Nutritional Counselors, Massage Therapists, Personal Chefs, and Life Coaches. VidaFit may replace any Wellness Professional assigned to you at any time, with no advanced notice. Unless otherwise agreed in writing by VidaFit, you will not seek consultation from, or contract directly with, your Wellness Professionals OUTSIDE OF THIS AGREEMENT for any reason. You should never make payment to or provide funds to a Wellness Professional.
3 Intellectual Property – All intellectual property rights (including but not limited to copyright, trademarks and trade secrets) attached to any material provided to you, or created or produced in the course of this agreement, belong to VidaFit. You may NOT share VidaFit intellectual property (including, but not limited to assessments, reports, recipes, exercise information, expert articles) with anyone, including family, friends, or co-workers without the prior written consent of VidaFit.
4 Trademarks – All service and product names, regardless of whether or not they appear in large print or with the trademark symbol, are trademarks of Leonard Holdings LLC or its vendors, licensors or joint venture partners unless otherwise noted. All other service marks, trademarks and trade names are property of their respective owners. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statues, and other laws, statues and/or regulations.
7 Not a Medical Service – VidaFit services and documentation is not medical advice of any kind and not intended to treat any illness, disease, or adverse medical condition. We may ask for a copy of your medical records, including a list of medications. This is to ensure that your exercise, nutrition, and lifestyle plans are appropriate. VidaFit is not evaluating or making medical recommendations based on the medical information that you give us. Always seek the advice of a qualified health provider for medical assistance. Never disregard professional medical advice or delay in seeking it. If you experience any health issues or pain, stop the activity immediately and get medical assistance.
If there is a change in your medical condition during the time you are using the Services, you should promptly consult your physician so they can advise you whether you should continue to use VidaFit Services. Some changes in your medical condition may make it necessary for you to make changes to your diet, exercise, or lifestyle that are inconsistent with our Services. You should follow the advice of your health care provider.
8 Assumed Risk – You understand that when participating in any wellness program, there is the possibility of injury or death. You agree to use your own judgment at all times during your use of VidaFit services in order to determine if any recommended exercise or activity is suitable for you. You agree to not hold VidaFit, or any of its Experts, responsible for any health problems or injuries that you may experience as a result of receiving the Services, including from training programs, products, or events you learn about through the Service. You agree that you are voluntarily using VidaFit services AT YOUR OWN RISK, even if any aspect of the Service or Documentation is inaccurate, incomplete, or inappropriate.
9 Other User – To the extent that any user is registering or using VidaFit Services as a caregiver or any person other than the person who will use the Service or personally follow the guidance provided (“Other User”), such Other User further acknowledges and agrees that he/she has the consent of the person for whom the Other User is ordering the Service or seeking guidance to provide the applicable information. Such Other User further acknowledges and agrees that he/she has such person’s consent to act as the agent of the person who will use the Service or personally follow the nutritional guidance provided, and that references in the Terms & Conditions, other policies, and website to “you,” “your,” and like words and phrases refer to the person who will use the Service and/or to whom the lifestyle advice will be applied. Other User represents, agrees and acknowledges that he/she has the actual and apparent authority as such person’s agent to agree to these terms and conditions on such user’s behalf.
10 Indemnification and Limited Liability – You agree to indemnify, defend, and hold harmless Leonard Holdings LLC, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to the use of Leonard Holdings LLC services. LEONARD HOLDINGS LLC ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE SERVICE. VIDAFIT AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SERVICE.
11 Change Order Document – A change order document may be used to change the terms of the contract or its associated conditions if agreed by all parties.
12 Entire Agreement – These terms and conditions contains all agreements, promises and undertakings between the parties. There are no verbal agreements, promises or understandings of any kind or nature outside of this agreement. This agreement cancels and terminates any and all prior contracts and agreements between the parties. We may change our Terms and Conditions at any time. Modifications to the Terms and Conditions will be effective immediately upon posting; and through the act of your continued use of the Service, you agree to the new posted Terms and Conditions. Remaining informed of any changes to the Terms and Conditions is the sole responsibility of you, the user. Discontinued use of the Service is your only remedy if you do not agree with the modified Terms and Conditions.