Terms of Use

Rx Postpartum Terms of Purchase & Waiver

Thank you for the opportunity to work with you. We are dedicated to providing you quality care and service. In an effort to clarify the scope of service, and to maintain high standards and fairness to all of our clients we ask for your cooperation and consent to the policies set forth below.

By submitting payment by entering your credit card information, or otherwise enrolling, electronically, verbally or otherwise, you (“Client”) agree to be provided with products, programs, or services by Ariana Witkin LLC (“Company”) and Ariana Witkin/Megan Gray (“Coach”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

TERMS.
Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with Rx Postpartum (“Program/Course” or “Rx PP”) and the Client agrees to employ the Company to obtain information and guidance about health and wellness factors within your own control. You understand that all comments, ideas, suggestions, and protocols offered by the Coach are solely for the purpose of aiding you in achieving your defined wellness goals for yourself, your child, and your family.
The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website.
Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.
Coach reserves the right to remove Client from Program at any time for any reason.
The Program includes the following:
8, pre-recorded masterclasses with accompanying workbooks
Any relevant bonuses particular to the purchase option (i.e. Facebook group membership)
METHODOLOGY. Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program. Coach may revise methods or parts of the Program based on the needs of the Client. The Program may involve recommendations that you make certain dietary interventions or engage in physical activity. You acknowledge that it is your responsibility to check with your own doctor regarding your capacity to follow these recommendations. You hereby affirm that you and your child(ren) are in good physical condition and do not suffer from any known disability or condition which would prevent or limit your participation. If you have any dietary allergies, intolerances, or restrictions, please let us know as soon as possible.
DISCLAIMERS. By participating in the Program, Client acknowledges that the Coach is not acting as a medical doctor. The client acknowledges that the scope of consultation services DO NOT include evaluation, diagnosis, or treatment of any specific disease, health state, or adverse physical or mental conditions. Advice of the Coach is NOT intended to prevent, alleviate, or cure any disease. The Company is NOT a medical practice, and none of the consultation or advice we give constitutes the practice of medicine. The Client acknowledges that the Coach is not a psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Program is in no way to be construed or substituted as the practice of medicine or any other type of professional advice. If you suspect you or your child may have an ailment or illness that requires medical attention, you will consult your licensed physician without delay. In an emergency you will always call 911. It is strongly recommended that both you and your child(ren) be under the care of a primary care physician.
PAYMENT AND REFUND POLICY.
Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount.
Company does not offer refunds to ensure that clients are fully committed to the Program.
If Client selects a payment plan option, Client agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Coach will charge the credit card chosen by the Client.
In the event Client fails to make any of the payments within a payment plan during the time prescribed, Company has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to all course materials. If Client has not paid within fourteen (14) days, Company has the right to terminate agreement.
We are a fee for service practice and do not accept any private insurance. It is your responsibility to call your insurance to verify your reimbursement coverage for the services we provide. We are happy to assist you in any way we can. If your insurance requires additional information please let us know how we can help.
INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program, without refund, if you are caught violating this intellectual property policy.
NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be affiliates, subsidiaries, employees, agents or representatives.
GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY. By using Ariana Witkin LLC services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the voluntary participation and enrollment in the Program. Client agrees that use of this Program is at user’s own risk. You hereby release Ariana Witkin LLC, and its members, insurers, and agents from any liability now or in the future for conditions you or your child may experience as a result of compliance with recommendations given by the Coach.
DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Boston, Massachusetts or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, within the United States of America regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

You have read or had read to you this form and had any questions answered to your satisfaction. You fully understand and agree to these terms of service. By proceeding with purchase or engaging in this program in any way you are agreeing to the terms and liability waiver above.