TERMS AND CONDITIONS OF USE

Last Updated on June 1st, 2024.

These are the official Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for​ Empowered Eaters, LLC registered at 303 Racquet Club Rd, #304, Weston, FL, herein known and referenced as “Company,” “Our,” “We,” and “Us.”

Our email is [email protected].  “You” and “Your” refers to users of this Company’s website, communications, virtual or in-person services, offerings and related materials, herein known as “Offering.”

NOTICE: These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​Your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use,​ ​or​ ​access​ ​of​ ​any​ ​of​ ​Our​ ​products,​ ​including​ ​online​ ​courses.

GENERAL PROVISIONS

NutriKids Program Waiver and Release of Liability

Program Name: NutriKids: a Taste of Wellness 

Activities Include: Food tasting, group reading, boundaries role-play, motor and sensory play with sensory bins, herb planting activity, dental hygiene activity, introduction to group/public speaking, learning body diversity through play, crafts, voting activities, food guessing games, picnics, introduction to meditation, super power questions/emotional regulation techniques, and critical thinking activities. 

Location/Facilities: Sunkidz Dental Office

Dates: Saturdays from June 22nd to August 10th, 2024

Hours: 10:30 AM - 11:30 AM

Age Requirement: 3-5 years old

Specific Requirements: Any allergies must be reported at the time of enrollment. Reported allergens will be avoided accordingly. 

Parent/Guardian Information: The instructor will be the adult supervising the children during the program inside of the office. Parents/guardians MUST remain outside but near the premises at all times. Parents/guardians are welcome to wait in their cars.

Medical and Emergency Information: Any relevant medical information, including but not limited to allergies, physical, mental, or emotional disorders or conditions, must be reported at the time of enrollment. In the event of a medical emergency: Parents/guardians will be contacted via phone for minor emergencies or accidents. For life-threatening emergencies (e.g., anaphylaxis, seizures, loss of consciousness), basic life support will be administered and 911 will be called. Parents/guardians will be notified as soon as possible.

Liability and Risk Acknowledgment: Participation in the NutriKids program involves potential risks, including but not limited to choking and allergic reactions ranging from mild to life-threatening. Company is a small business that does not carry insurance coverage. The Company cannot be held liable for property damage, medical emergencies, or any issues concerning the safety of the participants.

Photography and Media Release: Photos and videos will be taken during the program. You may expect such media to be shared about your child AFTER class via texts and WhatsApp. Unless otherwise specified in writing, permission to use these images and videos for promotional, advertising, and marketing purposes is granted.

Behavioral Expectations: Participants are required to follow instructions and adhere to behavioral guidelines, including no food throwing, running, jumping, climbing, drawing on the walls, or damaging the premises. Children will be gently redirected up to three times for behavioral issues. If the behavior persists, parents/guardians will be contacted, and the session for that day will end for the child. The child may return for the next session and will be given a second chance. Continued behavioral issues may result in suspension from the remainder of the program, with a prorated refund for the remaining classes.

Cancellation and Refund Policy: We know your child will love our program, but if you're not 100% satisfied, please submit a written email request indicating so, and a full refund will be provided. 

Missed Classes / Make-Up Classes: Due to the structure of the program covering 8 different modules, no make-up classes will be provided. If a child is traveling and will miss a class, a discount of up to $20 will be provided only if communicated at the time of enrollment and applicable up to one class. Company cannot be held responsible for missed classes or missed class time; therefore, classes are non-refundable, unless specified in our refund policy.

RELEASE OF LIABILITY WAIVER FORM FOR ACTIVITIES, CLASSES, AND OTHER PROGRAMS OFFERED BY “Company”

Company reserves the right to cancel of withdraw a registration of a family or a person, based on improper behavior and conduct of child participant and/or parent.

In consideration for allowing you or your child to participate in programs and other activities at or sponsored by Company 

you and/or your child to enter and use the facilities owned, leased or otherwise provided by Company ,undersigned, for yourself and for your child and his/her parents, heirs, assigns, personal and legal representatives and estate, fully and completely releases, discharges and holds harmless Company, and its directors, trustees, officers, employees, agents, insurers, instructors, coaches, caregivers, and volunteers from any and all claims, actions, causes of action, and damages of any kind whatsoever, including but not limited to claims for personal injury or property damage, arising out of your and/or your child’s participation in any program or activity at the Company.

The undersigned acknowledges and recognizes there are inherent risks involved in certain activities or recreational activities at Company and the undersigned and you assume the risk of any injury sustained while at Company or at its Facilities used. The undersigned agrees to indemnify, defend and hold harmless Company, its agents and employees from any and all claims arising out of your child’s participation in any program or activity at Company or its Facilities, even if such claim arises as a result of a negligent act or omission of Company or its agents and employees.

PHOTOGRAPH WAIVER FORM

You give consent for your child to be photographed, videotaped or filmed while participating in activities at Company and for the resulting images to be used by Company, ONLY for promotional purposes.

Contact Information: Parents/guardians may contact 954-762-0725 or email [email protected] for more information or in case of an issue.

TERMS​ ​OF​ ​SITE & ​PURCHASER​ ​AGREEMENT

All products ​are owned and provided by Company. These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at the contact details listed on this agreement,​ and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).

YOUR​ ​PRODUCT​ ​OR​ ​COURSE​ ​USE​ ​AND​ ​CONSENT

When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

PRODUCT REVIEWS

We may ask You to leave a rating and/or review of Your purchase. If You choose to write a review, You must comply with the following guidelines:

• You have used and/or accessed the product(s) sufficiently to speak with reasonable knowledge as to its effectiveness, value, aesthetics or utility; and
• You do not use any offensive language, such as profanity, hateful or racist speech; and
• Your submission does not discriminate on the basis of race, gender, religion, nationality, age or disability; and
• You are not claiming any false or misleading statements;
  
  Reviews are not Our opinions or beliefs. We do not assume any liability for any review or for any claim, issue, liability or loss resulting from any posted review. 

CIVIL​ ​AND​ ​CRIMINAL​ ​PENALTIES

Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Our location​ by opting into or purchasing any Offering or accessing its related communications and/or materials.

SECURITY​ ​AND​ ​ASSUMPTION​ ​OF​ ​RISK

SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or other third party payment processors, as selected by You at checkout. ​By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

EARNINGS​ ​DISCLAIMER

​You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).

GENERAL​ ​DISCLAIMER

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.

THIRD-​PARTY​ ​DISCLAIMER

​You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

ERRORS​ ​AND​ ​OMISSIONS

​We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).

CHARGEBACKS

​​You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses, or other materials afforded to You in exchange for Your original purchase of Our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.

TAXES

Sales taxes will be applied to your order as required by law in either Your or Our local area(s).

NO RESELLING OR DISTRIBUTION OF OUR PRODUCTS

We expressly prohibit orders that, in Our sole discretion, appear to be placed in an attempt to resell Our products. We expressly prohibit orders placed by resellers, dealers, distributors or wholesalers and will ban Your access to Our site in any lawful way possible if we discover your prohibited use(s).

DISPUTE​ ​RESOLUTION

​If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

NON-DISPARAGEMENT

​If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.

LAW AND JURISDICTION

These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with Our country’s law. Any dispute arising out of or related to the information contained herein is subject to adjudication in Our company’s local courts.

ALL​ ​RIGHTS​ ​RESERVED​

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.

SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.