MHW FOOD RX WELLNESS SERIES

STIPULATION OF AGREEMENT AND WAIVER OF LIABILITY   

GENERAL TERMS, CONDITIONS AND WAIVER OF LIABILITY

Parties and Responsibilities

The terms, conditions, and Waiver of Liability pertain to and include: The Johnsie and Aubary Montgomery Institute of Medical Education and Research d/b/a Montgomery Heart and Wellness d/b/a Garden Kitchen, Houston Associates of Cardiovascular Medicine, PA d/b/a Houston Cardiac Association, it’s trustees, directors, officers, employees, agents, volunteers, licensees, cooperating entities, agencies and their representatives, heirs, executors, administrators, successors and assigns, hereinafter referred to as  “Protected Parties”

In consideration of my participation with the Johnsie and Aubary Montgomery Institute of Medical Education and Research d/b/a Montgomery Heart and Wellness d/b/a Garden Kitchen, hereinafter referred to collectively as the “MHW Food Rx Wellness Series.” The Wellness Series consists of The Food Rx Nutritional Rebuild Program, The Food Rx Healthy Lifestyle Series, and The Food Rx Elite Coaching Program. A participant may participate in one or more of the series plans. I understand and agree to the following terms, conditions, and waivers encompassed herein for participation in the MHW Food Rx Wellness Series regardless of whether I participate in one or more of the series plans.

I understand and acknowledge that the MHW Food Rx Wellness Series are designed to assist participants in achieving an improved quality of life through optimal and healthy lifestyle practices. Furthermore, participation in the Series is not nor is it intended to serve as a substitute for the Participant’s medical care. The Series is not intended to provide medical advice or treatment for any health condition or illness. Participation in one or more of the Series neither creates nor constitutes a physician-patient relationship between Baxter Montgomery, MD, his employees, associates, MHW, or Houston Associates of Cardiovascular Medicine d/b/a/ Houston Cardiac Association with any member of the program.

I further understand and acknowledge that it is my responsibility to consult with and obtain approval from my physician before I register and pay for participation in any of the MHW Food Rx Wellness Series. There are no guaranteed results by participating in the Series. Health benefit results may vary from person-to-person. I understand that the Series program benefits expressed directly or indirectly in advertisement, marketing, sales, videos and or educational promotions for MHW Food Rx Wellness Series may not apply to me as a participant in the Series program.  Participation in the MHW Food Rx Wellness Series does not encompass the terminology for the practice of medicine and thus participation in the Series does not qualify for medical insurance coverage or the receipt of any of the benefits received from medical insurance.

TERMS AND CONDITIONS OF PROGRAM

The member understands and agrees as follows:

1. All sales are final at checkout.
   
   
2. MHW reserves the right to offer other special discounts or extend the current discounted program selectively at its discretion.
   
   
3. MHW is not a substitute for the Participant’s medical care.
   
   
4. Participants are responsible for notifying their private physicians of their participation in any of the Health and Wellness programs of MHW.       
                   
5.  Each Participant, along with their private physician, is responsible for determining his or her need for medical clearance prior to entering the program.
   
   
6. MHW reserves the right to remove the Participant for any reason whatsoever.
   
   
7. Participation in any of MHW’s wellness programs is completely voluntary.
   
   
8. There may be risks and hazards associated with any of the MHW Wellness programs, including but not limited to fatigue, gastrointestinal discomfort, medication intolerance, headache.
   
   
9. Participants understands that no warranties or health guarantees have been made by Dr. Montgomery, MHW, or their corporate affiliates or individual employees.
   
   
10. Participant affirms that he or she has read this consent form (or had it read to him or her) and understands its contents.
    
    
11. Member acknowledges that he or she has been given an opportunity to ask questions regarding the MHW wellness program and that their questions have been answered to their complete satisfaction.
    
    
12. By participating in any of MHW’s wellness programs, I hereby agree to the use of any information that I share during this program including but not limited to health and wellness information, photo or video images of me and my likeness by MHW and corporate affiliates, Baxter Montgomery, MD and associates, in any of their future educational, marketing, program content, or promotional materials including without limitation to pamphlets, videos and online materials, without compensation and with full Health Insurance Portability and Accountability Act (HIPAA) waiver.
    
    
13. The MHW wellness programs are not medical treatments and hence do not fall under the general contractual stipulations of any health insurance plan.

TERMS OF USE OF THIS WEBSITE 

Your access to and use of this website, as well as all related websites operated by Montgomery Heart & Wellness (which includes [montgomeryheart.com], among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Montgomery Heart & Wellness, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, JavaScript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Montgomery Heart & Wellness Beyond The Script”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third-party owner. The Company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at wellness@montgomeryheart.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, [INSERT COMPANY PRIVACY POLICY URL]. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

13. This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Harris County, Texas. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

14. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Assumption of Risk:

            Certain inherent factors may exist for some individuals; participation in the MHW Food Rx Wellness Series may make me more susceptible to known or unknown health conditions and may cause such conditions to stagnate or worsen regardless of the care taken to avoid such health deterioration, including but not limited to fatigue, gastrointestinal discomfort, medication intolerance, headache. I voluntarily choose to participate in the MHW Food Rx Wellness Series. I hereby assert that my participation is voluntary and that I knowingly assume all such risks. I indemnify and hold harmless the “Protected Parties” from any and all claims, actions, suits, costs, expenses, damages, and liabilities including attorney fees as a result of my participation in the MHW Food Rx Wellness Series.  I understand the inherent risks to me may include serious bodily injury, including permanent disability, and death (collectively the “Injuries”). The Injuries may be caused by my own actions or inactions, those of third parties participating in the MHW Food Rx Wellness Series, conditions present at the time of the MHW Food Rx Wellness Series, or the negligence of the Protected Parties. Such risks may not be known or foreseeable at this time.

Release of HIPPA Information

 To the extent that information is related to or regarding the Health Insurance Portability and Accountability Act (HIPAA), regardless of whether the release is intentional or unintentional, I hereby release any topic regarding my nutritional habits, physical conditions, and data collected from my participation in the Series to MHW Food Rx Wellness Series. 

Premises Liability

In consideration of my use of the premises located at 10480 Main Street, Houston, TX 77025 controlled by Cliffdale Ashton, LP, and Cliffdale Ashton Management, LLC I, my heirs, personal representatives or assigns, hereby release, discharge and agree to indemnify, waive, discharge, and covenant not to sue Cliffdale Ashton, LP, and Cliffdale Ashton Management, LLC and all “Protected Parties” named above from liability from any and all claims including negligence of any one or more of the “Protected Parties” resulting in personal injury, accidents, or illnesses (including death) and property loss arising from use of premises.

Release of Likeness

I, the Participant in the MHW Food Rx Wellness Series hereby, GRANT OF PERMISSION AND RELEASE AND WAIVER OF RIGHTS FOR APPEARANCE IN PHOTOGRAPHS AND VIDEO of my likeness.  I hereby consent to the publication and use of my likeness, and other biographical material (together the “Participant’s Likeness”) for the purpose of promotion, publicity, advertising, or other manner, by MHW Food Rx Wellness Series, its agents, licensees or assigns, in perpetuity. Use of Participant’s Likeness shall include, but not be limited to, photographs, sound and video recordings, films, broadcasts, brochures, publications, reports, clinical test results, web pages, social media posts, promotional materials or any other audio-visual, electronic, printed, tangible work in any media or format, now known or later developed (the “Materials”) through participation in the MHW Food Rx Wellness Series.  I acknowledge that I shall not have any ownership in or use of the Materials or any right of review or approval regarding the use of the Participant’s Likeness in the Materials.  I understand that I will not be compensated for my services rendered in connection with the Materials. MHW Food Rx Wellness Series shall rely on this Grant of Permission and Release and Waiver of Rights (the “Release”) in determining to use the Materials. Accordingly, I also hereby release and hold harmless MHW Food Rx Wellness Series, along with all “protected Persons” identified herein from any and all claims, demands, or causes of action arising out of the use of the Participant’s Likeness, in accordance with the terms of this Release. This Release shall be governed by the laws of the State of Texas.

Severability

I further expressly agree that the foregoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall notwithstanding, continue in full legal force and effect.

 I understand that this release discharges the “protected Parties” identified herein from any liability or claim that I may have against the “protected Parties” with respect to any bodily injury, illness, or death that may arise from or in connection with my activities thru the MHW Food Rx Wellness Series. This liability waiver and release extends to the “protected Parties.”

Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, Premises Liability, indemnity agreement and severability clause, and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to

be a complete and unconditional release of all liability to the greatest extent allowed by law.

I further acknowledge that I am signing this Agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability. If any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Agreement shall be governed by the laws of the State of Texas.