AGREEMENT & PAYMENT
for Enrollment in Juicy REVIVAL

1.1  PROGRAM.
Under the terms of this agreement, Vital Revival Institute, LLC, agrees to provide services to you to comprise the Juicy REVIVAL Program in exchange for a Program Fee. Program Fees will be determined according to paragraph 1.2. below. Your access to such Program is made conditional on payment of such Program Fee. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

1.2  PROGRAM STRUCTURE.
 Juicy REVIVAL is a course of transformative content provided over a 12-week period which may include Three Private Sessions with Niika (up to 50 minutes in length), access to audio, textual and/or visual content to provide further education and support, and Q+A Sessions held live online, This is an interactive program, and your participation is key to your results.

1.1.2  TERM.

The time period of this agreement begins on the date of your acceptance of this Agreement and payment of the Program fee. You agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the Juicy REVIVAL coaching program. You understand that a formal relationship with Niika Quistgard and/or the VItal Revival Institute ends at the conclusion of the Program. If you desire and are offered an opportunity to continue the relationship after the Program, a new agreement will be entered into.

1.1.3  TERMINATION.
Vital Revival Institute exists to provide a positive Program experience and outcome to all clients in all Programs. By enrolling in Juicy Revival, you agree that, at its sole discretion Vital Revival Institute may terminate this Agreement and limit, suspend or terminate your participation in the Program without refund or forgiveness of payments if you were to become disruptive, disparaging or violate the terms of this agreement. If you should choose to terminate this Agreement, no refunds will be issued. Paragraph 3.1 below shall survive termination of this Agreement, binding Confidentiality in perpetuity.

1.2  PROGRAM FEES.
By enrolling in Juicy Revival through the form below, you understand and agree that you’re committing to pay Vital Revival Institute a Single Payment of $5,000 for participation in and use of the Juicy REVIVAL program and content, as provided by and through Vital Revival Institute (via content-protect website [engage.vitalrevivalinstitute.com], emails, Zoom live and/or recorded online sessions, SpeakPipe audio messages and/or phone calls) as offered/instructed throughout the Program.


If any payment is not received by the date due or there’s a problem with the payment transaction or method, you’ll be notified by e-mail, then have a 3-day grace period to complete payment. If no payment is made within the 3-day grace period, your participation in the Program will be placed on hold, then automatically terminate and you will no longer be granted access.

1.3  NO REFUNDS.
Vital Revival Institute intents for you to have a valuable experience that yields positively-powerful results through your participation in Juicy REVIVAL. Niika Quistgard and Vital Revival Institute have and will continue to invest considerable care, resources and effort in creating and providing the Juicy REVIVAL Program. However ultimately, how you choose much you engage with the content provided and how you choose to apply what you learn are up to you and your results are up to you. You agree to bring your best intention, effort and dedication to your participation in the Program. If you withdraw at any time for any reason, you nevertheless remain fully responsible for making all Program payments. No refunds will be provided.

2.1  DISCLAIMER

This Program and all Juicy Revival materials, instructions and sessions are provided as self-help tools for your own use and for informational and educational purposes only. Many factors may influence results, so no guarantees are made as to the results you will experience through this Program.

Juicy REVIVAL is an experiential and educational program. No guarantee of any particular results––for you or anyone––is explicit or implied.

You agree that Vital Revival Institute, LLC, is in no way responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or any other result you may experience through the Program. You understand that Vital Revival Institute, LLC, and Niika Quistgard are neither agent, publicist, accountant, financial planner, lawyer, doctor, therapist, nor any other licensed or registered professional.

This Program is not directive advice, counseling, or therapy, but may address your overall goals, specific projects, or general conditions in your life, health, environment, relationships and/or profession. Services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training.

Your coach will not act as a therapist or provide psychoanalysis, psychological counseling or behavioral therapy.


You understand this Program will not prescribe or assess micro-and macronutrient levels; provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. You understand that if you experience any such or other medical or mental health issues, you should see a registered physician or other practitioner as determined by your own judgment. 
If you’re under the care of a health care professional or currently use prescription or other medications, you agree to discuss any dietary changes or potential dietary supplements with your doctor, and not discontinue any prescription medications without first consulting your doctor. You acknowledge that the information in this Program is NOT medical or nursing advice, and is not meant to take the place of seeing licensed health professionals.

2.2  LIMITED LIABILITY.
In no event will Vital Revival Institute be liable to you or any party related to you for any damages, including damages for loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise.

2.3.1 PROGRAM COMMITMENT.
 By accepting the terms of this Agreement, you commit and agree to faithfully engage in and participate in your Juicy REVIVAL Program to the best of your ability. You further agree to participate in all scheduled sessions included in your Program, in a timely way. You also agree to uphold values of openness, curiosity, and harmony by communicating with care and respect for ––and about––all involved, as well as the topic at hand, the content and the expressions of others.

2.3.1  PRIVATE SESSION RESCHEDULING.
If you need to reschedule a private session, you are requested to do so at least 20 hours in advance of your scheduled session time by sending an e-mail to juicy@vitalrevivalinstitute.com.

2.3.2  PRIVATE SESSION MISSED APPOINTMENT (no-show).
If you do not email to reschedule any private session at least 20 hours in advance of scheduled date and time, this will be considered a missed appointment.

2.3.3  MISSED APPOINTMENT (no-show). There may be a unavoidable occasion where you miss your appointment altogether or forget/are unable to email at least 20 hours in advance to reschedule. You are allowed a single “Get Out of Jail Free” missed appointment/no-show during your Program, without forfeiting a private session from the total allotted in the time allowed.

3.1 CONFIDENTIALITY.

Only authorized users, who have duly attained access to any Programs offered by Vital Revival Institute, LLC are permitted use and participation in such Programs.

Unless expressly authorized by this Agreement, You shall not provide or make available any Documentation, Video, Audio, or any login member credentials to share with or teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to You by this Agreement.

Vital Revival Institute may record any or all sessions for internal training, quality review and/ or record keeping.

Vital Revival Institute promises all information, including images, audio and/or video provided by You  or in which you appear will be kept strictly within the Juicy Revival Program content and otherwise will be kept confidential, as permissible by law, with the exception of program assessment comments You make make at any time for the purposes of marketing to others who may benefit.

Vital Revival Institute will never share or reproduce your name, voice or image without requesting and receiving your express permission, separate from this agreement.

You may choose to use an alias for participation in any/all group sessions or interaction with other Program participants, as long as you communicate with us at least 3 week days in advance to set up your alias.

And finally, you agree to follow all guidelines for participation in any/all group sessions or interactions with other Program participants, and will keep confidential any names, personally-identifying images, audio, video or other information including the stories or situations participants may happen to share.

3.2 INTELLECTUAL PROPERTY.


You acknowledge that any Audio and/or Visual Presentations, Documentation, Frameworks and other Elements of the Juicy REVIVAL program are the sole Intellectual Property of Vital Revival Institute, LLC under United States copyright, trademark and other intellectual property laws and international treaties. You also acknowledge and agree that Vital Revival Institute, LLC and its third party licensors own–and shall continue to own–all right, title, and interest in and to the Audio and/or Visual Presentations,

Documentation and other elements of All content in the program, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.

 Except for the limited, revocable license expressly granted to you by this Agreement, you are not granted any ownership or other right to covet or share or claim an interest in or to the Audio and/or Visual Presentation, Documentation, Frameworks and other Elements of the Juicy REVIVAL coaching program, or any other intellectual property right of Vital Revival Institute, LLC, whether by implication, estoppel, or otherwise.

Any and all trademarks or service marks that Vital Revival Institute, LLC uses in connection with services rendered by Vital Revival Institute, LLC are marks owned by Vital Revival Institute, LLC. This agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to same.

3.3  CONFIDENTIALITY.


This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party or any other Program participants during discussions or through Program activities, or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party outside the Program. 

Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by each Party in safeguarding its own confidential information. (Use the same degree of care that you would use if the information were your own.)

The obligation of the Parties hereunder to hold information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.

3.4  COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION.


Notwithstanding anything in the foregoing, in the event that Client or Company are required by law to disclose any of the Confidential Information, either will (i) provide the other with prompt notice of such requirement prior to the disclosure, and (ii) give all available information and assistance to enable other party to take the measures appropriate to protect the Confidential Information from disclosure.

4.1  NON-TRANSFERABILITY.

The rights and obligations under this Agreement are personal to you. You may not assign or transfer any rights or obligation under this Agreement.

4.2  NON-DISPARAGEMENT.

If there is a dispute between the Parties, You agree to not publicly or privately make negative or critical comments about the Program, Vital Revival Institute or Niika Quistgard, or to communicate with any other individual, company or entity in a way that disparages the Program or harms the reputations of Vital Revival Institute or Niika Quistgard, in any way, including on social media. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.

4.3  INDEMNIFICATION.

You will, at your own expense, defend, indemnify and hold harmless Vital Revival Institute, LLC, its agents, affiliates, and its respective officers, directors, employees, and other independent contractors harmless from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement.

4.4  ENTIRE AGREEMENT; AMENDMENT; HEADINGS.

This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between you and Vital Revival Institute, LLC concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding You may have had with Vital Revival Institute, LLC relating to the program, whether oral or written. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

4.5  DISPUTE RESOLUTION by MEDIATION, then ARBITRATION

If a dispute is not resolved first by Good-Faith Negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be brought before a professional, accredited Mediator in the state of New Jersey. The Mediation shall occur within 90-days from the date of the initial mediation demand and shall take place via Zoom or similar online platform or in Flemington, New Jersey. The Parties shall cooperate in expediting discovery as part of the mediation process and shall cooperate to ensure the process is completed within the 90-day period, and agreed-upon actions are taken.

In the event mediation does not resolve differences, every controversy or dispute to this Agreement will then be brought before a professional, accredited Arbitrator in the state of New Jersey. The arbitration shall occur within 90-days from the date of the final unsuccessful arbitration and shall take place via Zoom or similar online platform or in Flemington, New Jersey. The Parties shall cooperate in expediting discovery as part of the arbitration process and shall cooperate to ensure the process is completed within the 90-day period. The written decision of the Arbitrator (which will provide for the payment of costs, including professional fees) will be absolutely binding and conclusive.

4.6 GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of New Jersey, regardless of the conflict of laws principles thereof.

4.7 WAIVER.

The waiver or failure of Vital Revival Institute to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Agreement as of the date the registration below is completed.