Terms of Sale

This document contains important information about your purchase of a Metabolic Balance Program (the “Program”).

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PURCHASING. BY COMPLETING PAYMENT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.

1. PARTIES
This Terms of Sale Agreement ("Agreement") is entered into between you, the “client” and the “Service Provider”.
SERVICE PROVIDER:
Jennifer Jane Wellness
Unit #275 9-3151 Lakeshore Road, Kelowna, British Columbia, Canada, V1W 3S9
jenniferjanerhn@gmail.com
www.jenniferjanewellness.com

The Client confirms they are at least 18 years of age, they are not pregnant or nursing, they are not vegan, they have not been diagnosed with cancer or severe organ insufficiency and are not being treated for an eating disorder. The Client represents and warrants that the information provided is true, accurate, and complete and agrees to immediately notify the Service Provider of any change in health status that may affect participation.

2. SERVICES
The Service Provider offers the following program ("Services") under this Agreement:
2.1 12-Week Nutrition Coaching Program
A private nutrition coaching program spanning twelve (12) consecutive weeks.
Includes individualized coaching sessions conducted via video call/zoom.
Deliverables includes one customized nutrition plan based on the client’s personal information, progress check-ins and a maximum of five (5) coaching sessions, the exact number being determined based on client needs and program progression.
Session scheduling is the responsibility of the client and can be completed through the booking page found on www.jenniferjanewellness.com.
Your Service Provider solicited, negotiated, and concluded an agreement providing the Program services to you, which agreement was entered into by you on the approval date of the Consent form (refer to the document titled “CONSENT TO PARTICIPATION IN METABOLIC BALANCE PROGRAMS”). You acknowledge and agree that the consent form agreement forms part of your agreement (whether oral or written) to receive the Program services between you and your Metabolic Balance Coach (the “Sales Agreement”). 

If there are any conflicting terms between the consent form agreement and this document, the terms of the consent form agreement shall prevail.
 
3. FEES AND PAYMENT
3.1 Program Pricing
The following fees apply to the program offered under this Agreement:
12-Week Metabolic Optimization Program: $1,499.00 CAD
Total Due: $1,499 CAD
You agree to pay the Service Provider the amount stated above plus any applicable goods and services taxes, as the fee for your participation in the Program. This is the total fee payable by you for this service pursuant to this agreement. You will receive your Personalized Nutrition Plan within thirty (30) days of the Service Provider receiving all required information including a complete blood work panel which is needed to create the Personalized Nutrition Plan from you. The Service Provider shall not be liable for delays or inability to perform resulting from events beyond reasonable control, including internet outages, natural disasters, illness, government actions, or third party platform failures.
3.2 Payment in Full — Upfront
Full payment of the applicable program fee, including GST, is due and payable in full prior to the commencement of any Services or the granting of access to any program materials. The Service Provider will not schedule coaching sessions, release digital course access, or deliver any program materials until payment has been received and confirmed.
3.3 Payment Methods
Payment is accepted via the following methods: Stripe and e-Transfer (jenniferjanerhn@gmail.com). It is the Client's responsibility to ensure that payment is made using an accepted method and that sufficient funds are available.
3.4 Confirmation of Payment
Upon successful receipt of payment, the Service Provider will communicate next steps with the client via email. Payment confirmation constitutes the commencement of the contractual relationship under this Agreement.
3.5 Failed or Disputed Payments
In the event of a failed, reversed, or disputed payment, the Service Provider reserves the right to immediately suspend access to all Services and program materials until payment is resolved. The Client agrees not to initiate a chargeback or payment dispute without first contacting the Service Provider directly to attempt resolution in good faith.

4. REFUND AND CANCELLATION POLICY
IMPORTANT — PLEASE READ CAREFULLY:
This section contains a no-refund policy. By completing payment, the Client expressly acknowledges and accepts the terms set out in this Section. If you do not agree with this policy, do not complete your purchase.
4.1 No-Refund Policy — 12-Week Metabolic Coaching Program
ALL SALES FOR THE 12-WEEK METABOLIC COACHING PROGRAM ARE FINAL. Except as otherwise required by applicable law, all fees paid under this Agreement are non-refundable. If you believe you completed payment by mistake please reach out to jenniferjanerhn@gmail.com immediately to resolve this matter.
Nothing in this Agreement limits, excludes, or waives any rights or remedies available to the Client under applicable consumer protection legislation, including the Business Practices and Consumer Protection Act of British Columbia.
The Client understands and acknowledges that:
The 12-Week Metabolic Coaching Program is a personalized service. From the moment of enrolment, the Service Provider begins investing significant time and resources.
The value of this program is delivered progressively throughout the twelve-week engagement. A meaningful commitment from the Client is essential to achieving results, and results are inherently tied to the Client's participation, consistency, and effort — factors outside the Service Provider's control.
A refund policy that rewards disengagement or early withdrawal would be fundamentally incompatible with the personalized nature of this program and would unfairly devalue the Service Provider's work.
This no-refund policy does not limit any rights the Client may have under the Business Practices and Consumer Protection Act (RSBC 2004, c. 2) in the event of a proven material misrepresentation by the Service Provider.
4.2 Rescheduling Policy — 1:1 Coaching Sessions
The Client may reschedule any scheduled one-on-one coaching session, provided that written notice is given to the Service Provider no less than twenty-four (24) hours prior to the scheduled session start time. Acceptable notice may be provided via email at jenniferjanerhn@gmail.com or can be completed directly through the Service Providers scheduling software.
4.3 Late Cancellation and No-Show Fee
If the Client cancels or requests to reschedule a session with less than twenty-four (24) hours' notice, or fails to attend a scheduled session without any prior notice ("no-show"), the following applies:
A late cancellation or no-show fee of $50.00 CAD will be charged to the Client. This fee reflects the Service Provider's reserved time and preparation.
If the Client no-shows a session without notice, that session is forfeited in its entirety and will not be made up or credited. The Service Provider is under no obligation to replace a forfeited session.
Repeated late cancellations (three or more within the program term) may, at the Service Provider's sole discretion, result in suspension of further session scheduling until outstanding fees are settled.
4.4 Extenuating Circumstances
The Service Provider recognizes that genuine emergencies and unforeseen circumstances may arise. Exceptions to the 24-hour rescheduling notice requirement, the no-show fee, and session forfeiture may be granted at the sole and absolute discretion of the Service Provider. No exception shall be construed as a waiver of this policy for any future occurrence. Requests for exceptions must be made in writing as soon as reasonably practicable.

5. HEALTH DISCLAIMER AND SCOPE OF PRACTICE
IMPORTANT NOTICE — NOT MEDICAL ADVICE
The following disclaimer is legally material to this Agreement. Read it fully before proceeding.
5.1 Nutritionist — Not a Medical Doctor
THE SERVICE PROVIDER IS A NUTRITIONIST. THE SERVICE PROVIDER IS NOT A PHYSICIAN, MEDICAL DOCTOR, NURSE PRACTITIONER, OR ANY OTHER REGULATED HEALTH PROFESSIONAL AS DEFINED UNDER THE HEALTH PROFESSIONS ACT (RSBC 1996, c. 183) OR ANY OTHER APPLICABLE LEGISLATION IN BRITISH COLUMBIA OR CANADA.
5.2 Educational and Informational Purposes Only
All information, content, materials, meal plans, guidance and recommendations provided by the service provider - whether verbally, in writing or through any digital medium - are provided strictly for educational and informational purposes only. Nothing provided under this agreement constitutes, or is intended to constitute, medical advice, a medical diagnosis, medical treatment, or a substitute for professional medical care. The Service Provider does not guarantee weight loss, disease prevention, disease reversal, improved laboratory values, or any specific health outcome.
5.3 Consult a Healthcare Professional
The Client is strongly advised, and agrees, to consult a qualified and licensed physician before beginning this or any other nutrition, exercise, or wellness program. This is especially critical if the Client has any pre-existing medical conditions, has been prescribed medication or has any other health concern that may be affected by dietary change.
5.4 Client Assumes All Health Risks
The Client expressly acknowledges and agrees that:
Participation in any nutrition or wellness coaching program involves inherent personal risk, including but not limited to changes in energy, weight, digestion, mood, or other physical or psychological effects.
The Client assumes full and sole responsibility for all decisions relating to their health, diet, and wellbeing made in connection with the Services, including any decision to follow or not follow the Service Provider's recommendations.
Results are not guaranteed. Individual outcomes vary based on a wide range of personal factors including genetics, health history, lifestyle, adherence, and other variables entirely outside the Service Provider's control.
The Service Provider shall not be held liable for any physical, psychological, financial, or other harm or loss arising from the Client's participation in, reliance on, or application of any information provided through the Services.
5.5 Health Information Disclosure
The Client agrees to disclose any and all relevant health information, medical conditions, allergies, intolerances, or medications to the Service Provider prior to commencement of Services. The Client accepts that providing incomplete or inaccurate health information may compromise the suitability of the program and releases the Service Provider from liability in such circumstances.

6. INTELLECTUAL PROPERTY
6.1 Ownership of Materials
All content, materials, and resources created or shared by the Service Provider in connection with the Services — including but not limited to meal plans, nutrition protocols, workbooks, PDF guides, written content, video recordings, audio content, presentations, templates, and any other program materials (collectively, "Materials") — are the exclusive intellectual property of the Service Provider and are protected by copyright under the Copyright Act (RSC 1985, c. C-42) and applicable international intellectual property law.
6.2 Personal Use Licence Only
Upon payment in full, the Client is granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Materials solely for their own personal, non-commercial use in connection with the program they have purchased. This licence does not transfer any ownership rights in the Materials to the Client.
6.3 Prohibited Uses
The Client expressly agrees that they will NOT:
Copy, reproduce, print, screenshot, download (beyond any download expressly permitted by the platform), or otherwise duplicate the Materials, in whole or in part.
Share, distribute, forward, post, upload, or otherwise make the Materials available to any third party, whether for compensation or free of charge.
Sell, resell, sublicense, or otherwise commercially exploit the Materials in any form.
Use the Materials to create derivative works, competing programs, or any content that is substantially based on the Service Provider's proprietary methodologies or program structure.
Claim authorship of or remove any copyright notices or branding from any of the Materials.
6.4 Enforcement
Any unauthorized use, reproduction, or distribution of the Materials constitutes a material breach of this Agreement and an infringement of the Service Provider's intellectual property rights. In such circumstances, the Service Provider reserves the right to immediately terminate the Client's access to all Services and Materials without refund, and to pursue all available legal remedies, including injunctive relief and damages.

7. CLIENT RESPONSIBILITIES
The Client agrees to:
Provide accurate, complete, and up-to-date personal and health information at the time of enrolment and throughout the program.
Attend scheduled sessions on time and be prepared to engage. Late arrivals will not result in extended session time.
Communicate openly and honestly with the Service Provider regarding progress, challenges, and any changes to health status.
Understand that the outcomes of the program are significantly dependent on the Client's own effort, participation, and adherence. The Service Provider cannot guarantee results.
Treat the Service Provider with professional respect. The Service Provider reserves the right to terminate Services in the event of abusive, threatening, or inappropriate conduct, without any obligation to issue a refund.

8. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law in British Columbia, the Service Provider's total liability to the Client for any claim arising out of or related to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount of fees paid by the Client for the specific program giving rise to the claim.
The Service Provider shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of income, loss of data, personal injury, or health outcomes, even if the Service Provider has been advised of the possibility of such damages. The Client's exclusive remedy for any dissatisfaction with the Services is to cease using the Services.

9. DISPUTE RESOLUTION
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the matter cannot be resolved within thirty (30) days of written notice, the parties agree to attempt mediation through a mutually agreed mediator in Kelowna, British Columbia, before initiating any legal proceedings.
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The exclusive jurisdiction for any legal proceedings shall be the courts of Kelowna, British Columbia.

10. PRIVACY AND CONFIDENTIALITY
10.1 Collection and Use of Personal Information
The Client acknowledges and agrees that the Service Provider will collect, use, and store personal information provided by the Client, including but not limited to contact information, health history, medical information, laboratory results, dietary information, and other information reasonably required to provide the Services and administer the Program.
The Service Provider will collect, use, and disclose such information solely for purposes reasonably related to the delivery of the Services, including assessing program suitability, developing nutritional recommendations, providing coaching support, communicating with the Client, and maintaining business records.
10.2 Disclosure to Metabolic Balance ®
The Client understands and expressly consents to the Service Provider sharing personal information, including health information and laboratory results, with Metabolic Balance ® and its authorized personnel, contractors, software providers, and affiliated entities as reasonably necessary for the creation, administration, and delivery of the Client's Personalized Nutrition Plan and related Program services.
The Client acknowledges that the Personalized Nutrition Plan is generated through the Metabolic Balance ® system and that the disclosure of relevant personal and health information is necessary for participation in the Program.
10.3 Storage and Protection of Information
The Service Provider will take reasonable administrative, technical, and physical measures to safeguard the Client's personal information against unauthorized access, use, disclosure, alteration, or destruction. However, the Client acknowledges that no method of electronic transmission or storage can be guaranteed to be completely secure.
10.4 Confidentiality
Except as expressly authorized by the Client, required for the delivery of the Services, required by law, or necessary to protect the rights, safety, or property of the Service Provider or others, the Service Provider will not disclose the Client's personal information to third parties.
10.5 Client Responsibility
The Client is responsible for ensuring that all information provided to the Service Provider is accurate and complete. The Client agrees to promptly notify the Service Provider of any changes to information that may affect participation in the Program.
10.6 Consent
By purchasing and participating in the Program, the Client expressly consents to the collection, use, storage, and disclosure of their personal information as described in this Agreement.

11. GENERAL PROVISIONS
11.1 Entire Agreement.
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior discussions, representations, or agreements, whether oral or written.
11.2 Severability.
If any provision of this Agreement is found to be invalid, unenforceable, or contrary to applicable law, that provision shall be severed and the remainder of the Agreement shall continue in full force and effect.
11.3 Electronic Acceptance.
The Client agrees that completion of payment, a digital signature, an electronic checkbox acknowledgment, or any other form of electronic acceptance constitutes a valid, legally binding acceptance of this Agreement in accordance with the Electronic Transactions Act (SBC 2001, c. 10) of British Columbia.