Terms and Conditions

Client Agreement -  Empower The New You - Renew, Revive & Rise.


Introduction

We thank you in advance for your participation in the EMPOWER THE NEW YOU program, which may be referred to as “ENY”. We encourage you to share your results with others, so as to protect our intellectual property, you are agreeing to not share the specifics of our proprietary course material with anyone outside the program.

Agreement

This Client Agreement (“Agreement”) is entered into as of the Effective Date (as defined herein), by and between John Jubilee Transformations LLC, d/b/a Energized Health, a Tennessee limited liability company having a principal address in Brentwood , TN 37027, U.S.A. (“Company”), and (“Client”) of Energized Health. Hereinafter, Company and Client may be referred to individually as a “Party” and collectively as the “Parties.” Company desires to offer services to Client, wherein Company will provide a transformative emotional and mindset health experience.  Now, therefore, in consideration of the mutual promises made herein and for other good and valuable consideration, the Parties agree as follows:

  1. Participation in the Program; Liability Waiver & Release

    1. Scope of Services. In exchange for good and valuable consideration, Company shall provide the “EMPOWER THE NEW YOU”, to Client in accordance with specifications and pricing conditions set forth in Payment Terms (as defined herein). 

    2. EMPOWER THE NEW YOU. “EMPOWER THE NEW YOU.  is a specialized process of protected strategies, techniques, processes, and methods pertaining to the transformation of the “ENY” experience. Client agrees to maintain the confidentiality of the “ENY” program in accordance with Section II. 

    3. Payment Terms. 

  2. Fees Schedule. Client’s active participation in and completion of Company’s enrollment process determines fees and payment schedule and is considered confirmation of Client’s consent to meet agreed-upon financial obligations and established payment plan. 

  3. Method of Payment. Client shall make all payments herein under United States (US) dollars by credit card, debit card or an exchange method approved by the company. 

  4. Taxes. The fees set forth above do not include taxes. Client is responsible for all taxes imposed upon or relating to the Client’s payment of, participation with, or engagement in the Program.

  1. Waiver & Release. Clients have the option to participate voluntarily online with the camera on or off as they desire and if they choose to share on camera the client hereby irrevocably grants, authorizes, and licenses (the “Grant”) to Company, as well as Company’s licensees, contractors, agents, and advertising, promotion, and fulfillment agencies and distributors, the right to display, perform, reproduce, transmit, broadcast, record, photograph, digitize, modify, alter, edit, adapt, create derivative works from, distribute, license, exploit, use for commercial, advertising, or fundraising purposes, and otherwise use the Client’s name, image, likeness, recordings (video and audio), appearance, voice, professional and biographical information, and other personal characteristics (the “Likeness”), and all materials created by or on behalf of Company that incorporate any of the foregoing, including but not limited to the video, audio, sound, voice, images, photographs, and other recorded features (the “Recordings”), to advertise, market, or otherwise promote the Company, “ENY” experience, and the Company’s business and services. The Recordings and Likeness shall collectively be referred to as the “Content.” The Grant shall endure in any medium or format whatsoever now existing or hereafter created, including (without limitation) print publications, television, radio, podcasts, satellite, broadcasts, displays, advertising, marketing, promotional materials, press releases, applications, the internet, or other mediums of analog or digital transmission. 

  1. Confidentiality

    1. Confidential Information. “Confidential Information” means all non-public, confidential, or proprietary information disclosed before, on, or after the Effective Date by the Company or Company’s directors, officers, employees, agents, contractors, and legal, business, and technical advisors (“Personnel”) to the Client, whether or not marked or otherwise identified as “non-public,” “confidential,” or “proprietary,” including trade secrets, know-how, inventions, processes, innovations, methods, protocols, techniques, and all confidential, technical, and/or business information pertaining to the “ENY” experience,, as well as all notes, memoranda, reports, analyses, materials, applications, drafts, documents, or other information pertaining to the foregoing. 

    2. Confidentiality Obligations. Client may gain access to Confidential Information of the Company. As a condition to being provided with Confidential Information, Client shall, for so long as the Confidential Information is non-public, confidential, or proprietary: (i) not use the Company’s Confidential Information other than as strictly necessary to perform or participate in the Program; (ii) not reverse engineer, disassemble, deconstruct, decompile, circumvent, or otherwise exploit, by any means (or attempt any of the foregoing) the Company’s Confidential Information; (iii) not use Company’s Confidential Information for any of Client’s business(es) or other commercial endeavors, or for Client’s personal benefit, or on the account of any third-party individual or entity; (iv) maintain Company’s Confidential Information in confidence, and not disclose the Confidential Information without the Company’s prior written consent; and (v) notify Company upon discovery of any unauthorized use or disclosure of Confidential Information. If Client becomes legally compelled to disclose any Confidential Information, Client shall: (i) provide prompt written notice to the Company so that the Company may seek a protective order or other appropriate remedy or waive its rights in this section; and (ii) disclose only the portion of Confidential Information that it is legally required to furnish. 

    3. Ownership and Return of Confidential Information.  All Confidential Information furnished to Client, or in the possession of Client, including Confidential Information developed, suggested or provided by the client pertaining to the  “ENY” experience (the “Program”) or Energized Health, shall remain the sole property of Company. Nothing in this Agreement, whether express or implied, shall grant (nor intend to grant) any rights (including intellectual-property rights) to Client in or from the  transformative emotional and mindset health experience.

  2. Disclaimer; Warranty; Release of Liability

    1. No Medical Advice. Any information transmitted by Company to Client through the Program or “ENY” experience, is not intended to be a substitute for professional medical, mental or emotional  advice, diagnosis, or treatment. Company suggests that Client consult Client’s physician, therapist, or other qualified provider, prior to engaging in any health, wellness, emotional or mindset experience, including the Program. Company takes no responsibility for Client’s success (or lack thereof) for the Client’s engagement or participation in Company’s services, including the Program. ALL INFORMATION TRANSMITTED BY COMPANY TO CLIENT, INCLUDING THE CONFIDENTIAL INFORMATION, IS PROVIDED ON AN “AS IS” BASIS, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THE CONFIDENTIAL INFORMATION. ALL STATEMENTS MADE TO THE CONTRARY ARE VOID. 

    2. NO Money-Back Guarantee; Limitation of Liability. Client understands because of the nature of the experience there is no money back guarantee.

      1. CLIENT UNDERSTANDS THAT THE MAXIMUM EXTENT OF COMPANY’S LIABILITY SHALL BE THEIR “MONEY-BACK” AS SET FORTH IN THIS AGREEMENT. OTHERWISE, IN NO EVENT SHALL COMPANY, COMPANY’S AFFILIATES, OR COMPANY’S AND ITS AFFILIATES’ PERSONNEL BE LIABLE UNDER THIS AGREEMENT TO CLIENT FOR ANY PHYSICAL, MENTAL, OR EMOTIONAL DAMAGES, NOR SHALL COMPANY, COMPANY’S AFFILIATES, OR COMPANY’S AND ITS AFFILIATES’ PERSONNEL BE LIABLE TO CLIENT FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT CLIENT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

    3. Release of Liability. To the fullest extent permitted by applicable law, Client and Client’s heirs, executors, administrators, successors, and assigns hereby irrevocably waive all legal and equitable rights relating to any and all liabilities, claims, demands, actions, suits, damages, and expenses, including (without limitation) claims for physical, mental, or emotional injury, violation of rights of publicity, invasion of privacy, defamation, or any claim or cause of action in tort, contract, or other legal theory, now known or hereafter known in any jurisdiction throughout the world (each, a “Claim”), arising directly or indirectly from the Agreement, Company’s provision of services to Client, and Client’s participation in and engagement with Company’s services, including the Program. Client forever releases, acquits, and discharges, and covenants not to make or bring any claim against, Company and Company’s Personnel, as well as Company’s successors, assigns, and affiliates (collectively, the “Released Parties”). THE AGREEMENT PROVIDES THE RELEASED PARTIES WITH CLIENT’S ABSOLUTE AND UNCONDITIONAL WAIVER AND RELEASE OF LIABILITY. BY EXECUTING THIS AGREEMENT, AND/OR BY PARTICIPATING WITH AND ENGAGING IN THE PROGRAM, CLIENT ACKNOWLEDGES THAT CLIENT IS FORFEITING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.

  3. General Terms and Conditions

    1. Equitable Relief. Client acknowledges that any violation of the provisions of this Agreement may subject it to the imposition of injunctive relief by a court of law, and Client may be legally compelled to cease from the continued use of any Confidential Information. Equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages, or other available forms of relief.

    2. Miscellaneous. This Agreement expresses the entire understanding between the Parties with respect to the subject matter hereof. Any provision of this Agreement, which is prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of such prohibition or invalidity without invalidating the remaining portions or affecting the validity or enforceability of such provision in any other jurisdiction. No amendment or modification to this Agreement is effective unless it is in writing and duly executed (i.e., signed) by each Party, or an authorized representative of each Party. The waiver or failure of either Party to exercise any right provided under this Agreement shall not be deemed a waiver of any further right under this Agreement. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles. Each Party hereby irrevocably consents to the exclusive jurisdiction and venue of any state or federal court located within or embracing Maury County, Columbia, Tennessee, in connection with any matter arising out of this Agreement.

    3. Effective Date. This Agreement is effective as of the date signed by the Client, or the date of Client’s enrollment in the Program, whichever is earlier (the “Effective Date”).

    4. Right to Cancel after placing the order. CLIENT MAY CANCEL THIS AGREEMENT PROVIDING THEY HAVE NOT OPENED THE CONTENTS OF ANY MATERIALS BY SENDING NOTICE OF CLIENT’S WISH TO CANCEL TO COMPANY BEFORE MIDNIGHT OF THE THIRD DAY (EXCLUDING SATURDAYS, SUNDAYS, & LEGAL HOLIDAYS) OR, IF THE AGREEMENT IS SUBJECT TO A FINANCE CHARGE, THE SEVENTH DAY AFTER THE DAY YOU SIGNED THE AGREEMENT. THIS NOTICE MUST BE SENT TO THE FOLLOWING ADDRESS along with a request for a returned acknowledgement of the email to confirm receipt. If you do not receive back from us a confirmation, or  need immediate assistance please call us at 888-444-8895:  Attn: Client Support [email protected]   & CC: [email protected]


IN THE WITNESS HEREOF, Client hereby acknowledges that Client has read and understood this Agreement and, by Client’s participation in the EMPOWER THE NEW YOU Program, consents to the terms contained herein.