The following Terms and Conditions form an agreement between Company and Client.

Parties and Contact Information:

Company Name: Forward Motions, LLC

Business Address: 3167 San Mateo NE #101, Albuquerque, New Mexico, 87110

email: [email protected]

Manager: amy ienni, MA, LPCC

Licensed Therapist

Food Addiction Recovery Coach

Company’s Services:

Client has joined a membership community called "Famously Fun Food Addiction Recovery Tribe," which includes:

For Monthly Subscription Members:

• Video Rehab Course (30+ Hours)
• Private Facebook Group
• Private Member Forum (Off Social Media)
• Mobile App
• Weekly 1 Hour Livestream Q & A
• Livestream Replay Library
• Monthly Community Connect Zoom Meeting

Yearly Subscription Members Receive all of the above and also receive:

• Meal Plans For Various Health Concerns
• Meal Plans For Vegetarians And Vegans
• Amy's Brand Name Shopping List
• Tried And True Food Addiction Recipes
• Training Video: Exercise For Food Addicts
• Training Audio Series: Depression Education
• Exercise Video: Amy's Easy Options
• Exercise Video: Amy's Low Impact Medium
• Exercise Video: Amy's Step And Treadmill

 

Ongoing subscription (whether paid monthly or yearly) offers members ongoing information and support from our community.

Term, Scheduling, and Client Participation:

1. In the current version of this course, there is a private online group with fellow participants. We ask that Client post all written assignments in the private online group, to maintain full participation. Client agrees to respect the participants and moderators, and follow group rules. 
2. Client is expected to complete the Course in eight weeks from date of enrollment, in order to achieve the best results.
3. Client agrees to proactively ask all questions in the Facebook group.
4. Client agrees to use polite and respectful behavior in all interactions with Company and with other clients. Those who cannot maintain this behavior will be removed from the community and will not receive any refund.

Client agrees to pay:

The price of this program varies, depending on special offers and/or discounts applied at the time of enrollment.  The client agrees to pay the full fee regardless of the payment plan. 

Policy and Terms for Cancellation and Refunds:

Canceling results in immediate removal from the private Facebook group. Upon canceling a membership, Client will be automatically removed from the Sharing The Journey Facebook group regardless of how much time is left on the membership. Client will still retain access to the 8 Week In-Home Rehab Course and other items in the library until the end of the billing cycle. Client is advised to cancel toward the end of the billing cycle to optimize the purchased time in the community. Canceling the membership forfeits any time remaining on the billing cycle as it pertains to access to the private Facebook group.

Refunds of purchases: There are no refunds or partial refunds. All sales are final.

Refunds of recurring payments: When Client purchases a membership, Client authorizes automatic recurring payments. There are no refunds or partial refunds on recurring payments. All recurring payments are final.

Confidentiality:

Any information discussed or any information either party comes to know during Company and Client’s working relationship ONE-ON-ONE is confidential. This does not include information Client makes available in group situations, information that either party was aware of prior to executing this Agreement, nor does it include information that was gained from a third party, or information that was available to the public through no breach of confidentiality by Company. 

Confidential information may be shared only if agreed to by both parties in writing. 

Client information is shared within Company only as necessary to serve the Client.  

EXCEPTIONS: Under certain circumstances, the law requires various types of service providers to disclose confidential information to authorities, such as in the case of child or elder abuse, imminent mortal danger to self or others, or in the case of being ordered by a court to disclose information. Also, Company cannot guarantee that all electronic communications are incapable of being breached by outside parties. It is up to Client how much to disclose using email, Zoom, smart phone, etc.

Testimonials: Clients often write to Company about their positive results, sometimes informally online, and sometimes in written testimonials. Unless instructed otherwise in writing, Company may remove all identifying information about the Client (full name, location, gender, identifying life-circumstances) and use these reports in our communications with prospective clients and other interested parties. 

Intellectual Property:

Company reserves all ownership rights to all program materials including but not limited to documents, images, audio, and video, provided to Client through Client’s participation in the Course covered in this Agreement. Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes. Client understands that claiming Company’s materials as their own is a violation of intellectual property rights.

Non-Disparagement

Both Parties agree to not take any actions, make any statements, whether oral or in writing, that negatively impact the other party’s business, services, products, or reputation. THIS APPLIES TO WRITING AND SPEAKING ABOUT AMY IENNI OR THIS PROGRAM ON THE INTERNET. Disputes will be managed through other means, included in this document.

Assignment:

This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement without express written consent from Company.

No Guarantees; Disclaimer:

NO GUARANTEES: Company makes no guarantees about the results Client may obtain from working with Company. Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which are not to be relied upon to predict results in Client’s specific situation. The results Client experiences will be dependent on many factors including but not limited to Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Company may not be able to anticipate.

NOT PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE: THIS IS COACHING, NOT THERAPY. At no time should any of Company’s services be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. Company’s services are not intended to treat, diagnose, cure, or prevent any disease. If, at any time, Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out.

NOT LEGAL OR FINANCIAL ADVICE: At no time should any of Company’s services be considered a substitute for professional legal or financial advice. If at any time Client needs legal or financial services, it is Client’s responsibility to seek it out.

HEALTH AND WELLNESS DISCLAIMER: Any information provided by Company regarding health, wellness, addiction recovery, fitness, weight loss or weight gain, spirituality, psychological improvements, or nutrition is for informational purposes only. Company may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in Client’s specific situation. Health and wellness outcomes depend on many factors including but not limited to Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Company may not be able to anticipate. Client agrees that Company is not responsible for Client’s success, or lack thereof. Client’s reliance on any information provided by Company is done so at Client’s own risk.

Warranties:

Both Company and Client warrant that they have full authority to enter into this Agreement. Company warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards. Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.

Whole Agreement:

This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous oral agreements and written agreements including but not limited to conversations, messages, emails, and negotiations.

Modification; Waiver:

The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver. To make a waiver binding, the party making the waiver must execute it in writing. The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of similarity. 

Exception: Company may find it necessary to terminate providing services to Client. For example, if Client joins the online community, but cannot adhere to the regulations of said community, the Client will be removed from the community. If Client abuses their access to the online course by sharing login information with others, Client will lose access to the course. If this occurs, Client will be notified both online and in writing. This termination will NOT affect the obligations of Client to maintain the agreements in sections that cover confidentiality, intellectual property, and non-disparagement. Also, no refunds will be made to Clients not in good standing with Company.

Severability:

If any term in this Agreement is found to be void or voidable, the remaining terms of this Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.

Limited Liability:

THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT, OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notices:

All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by registered or certified mail, postage prepaid, addressed as follows:

To Company: Forward Motions, LLC, 3167 San Mateo NE #101, Albuquerque, NM 87110

 Dispute Resolution; Costs and Fees; Applicable Law/Venue:

Both Company and Client agree to make every effort to resolve disputes without the need for third party assistance. If that cannot be done, Company and Client agree to utilize mediation to resolve the dispute. The mediation will either be held in Bernalillo County, New Mexico, USA or through an online mediation service. Both parties must agree to the mediation service and mediator to assist in resolving the dispute. Both parties agree that their good faith participation in mediation is a condition precedent to pursuing any other available legal remedies.

Parties agree that this Agreement shall be governed by and construed in accordance with the laws of New Mexico, USA. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in Bernalillo County, New Mexico, USA.

If Company is the successful party to the dispute resolution, Company will be entitled to costs and fees incurred in resolving or settling the dispute in addition to any other relief to which Company may be entitled. 

Client and Company will apply the generalities of these Terms and Conditions to any other course or coaching program that Client purchases or receives from Company.