CHALLENGE TERMS AND CONDITIONS
The “555 Challenge” with Energized Health (the “Program”)
Thank you for considering participation with and engaging in the “555 Challenge” with
Energized Health (the “Program”), offered and provided to you (“You” or “Your”) by John
Jubilee Transformations LLC, d/b/a Energized Health (“Energized Health”). The Program
may include a variety of formulas, instructions, and protocols that can have an effect on
Your body.
Individualized Experience
You acknowledge and agree that Your participation with and engagement in the Program
constitutes “self-help,” and the Program is (and is intended to be) solely and exclusively for
informational and instructional purposes. You, like other participants in the Program, may
achieve varying results. In order to improve Your results through the Program, it is
suggested that You fully commit and dedicate Yourself to the steps, instructions, processes,
modules, and other activities in the Program as approved by your licensed healthcare or
medical provider. You acknowledge and agree that Energized Health cannot, nor will it,
guarantee the results or effectiveness of the Program, including any services rendered
therein.
Not a Licensed Medical Provider
You acknowledge and agree that Energized Health and its directors, officers, employees,
agents, contractors, and legal, business, and technical advisors (“Personnel”) are not
healthcare or medical providers, licensed or otherwise. You further acknowledge and agree
that Energized Health and its Personnel cannot, nor do they have any experience to,
diagnose, examine, or treat Your past, present, or future medical conditions. Energized
Health disclaims all responsibility for any and all healthcare received by You, which shall, at
all times, remain the responsibility of a licensed healthcare or medical provider. You further
acknowledge and agree that it is recommended to get advice and approval from your
licensed healthcare or medical provider before starting the program.
No Medical Advice or Endorsement
You acknowledge and agree that Energized Health and its Personnel do not offer or
provide any medical advice to You or any third party. The Program is solely offered for
informational and instructional purposes; the Program is not offered for medical purposes.
The Program should not be used during a medical emergency or for the diagnosis or
treatment of any medical condition. You agree to consult Your physician or other licensed
and qualified healthcare provider if You have any questions about a medical condition, or
before taking any drug (prescription or otherwise), changing Your diet, or commencing (or
discontinuing) any course of medical treatment. Do not ignore or delay obtaining qualified
medical advice on account of Your participation with or engagement in the Program.
Energized Health does not recommend, endorse, or suggest any specific tests, products, or
procedures that constitute qualified medical care or treatment, or that take the place of, or
substitute for, qualified medical care or treatment.
Threat of Injury or Harm; Emergency Response
The Program may feature modules, instructions, or processes that could cause You physical,
mental, or emotional harm or injury. You acknowledge and agree that You are voluntarily
participating in the Program, in which there exists the possibility of physical, mental, or
emotional harm or injury. If at any point during the Program You begin to experience
symptoms, including faintness, dizziness, light-headedness, headache(s), fatigue, muscle or
joint pain, memory loss, a fast or irregular heartbeat, blurred vision, confusion, shortness of
breath, nausea, issues of balance, vomiting, or other poor-health related symptoms, You
should cease participation with and engagement in the Program and contact your licensed
healthcare or medical provider. If You are aware of a medical emergency, or You believe
that You are, or may be, at risk of harm, injury, or death, You should dial “911” or contact an
emergency medical provider in Your jurisdiction. Energized Health is under no obligation to
monitor or respond to potential, threatened, imminent, or actual medical emergencies.
Release of Liability
To the fullest extent permitted by applicable law, You and Your heirs, executors,
administrators, successors, and assigns hereby irrevocably waive all legal and equitable
rights relating to any and all liabilities, claims, demands, actions, suits, damages, and
expenses, including (without limitation) claims for physical, mental, or emotional injury,
violation of rights of publicity, invasion of privacy, defamation, or any claim or cause of
action in tort, contract, or other legal theory, now known or hereafter known in any
jurisdiction throughout the world (each, a “Claim”), arising directly or indirectly from the
Energized Health’s provision of services to You, and Your participation in and engagement
with the Energized Health’s services, including the Program and the EHTE. You forever
release, acquit, and discharge, and covenant not to make or bring any claim against,
Energized Health and Energized Health’s Personnel, as well as Energized Health’s
contractors, successors, assigns, and affiliates (collectively, the “Released Parties”). THE
DISCLAIMER HEREIN PROVIDES THE RELEASED PARTIES WITH YOUR ABSOLUTE AND
UNCONDITIONAL WAIVER AND RELEASE OF LIABILITY. YOU ACKNOWLEDGE THAT YOU
ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE SUIT
AGAINST THE RELEASED PARTIES.
Intellectual Property Notice
The Program, and all contents, materials, information, and things, including this manual,
are subject to various forms of intellectual property protection, including copyrights,
trademarks, patents, and trade secrets (the “Intellectual Property”). You acknowledge and
agree that Energized Health is the owner of all right, title, and interest in and to the
Intellectual Property, and Your participation with and engagement in the Program does not
convey (nor is it intended to convey) legal or proprietary rights to You in the Program or
Energized Health’s Intellectual Property. Any use of Energized Health’s intellectual property
that is not permitted herein, or otherwise exceeds the permissible scope of use, may violate
Energized Health’s legal proprietary rights, including its intellectual property rights. By
participating in the program, you hereby acknowledge that Energized Health may pursue
any and all forms of relief against You in connection with any unauthorized use of the
intellectual property, including equitable relief and monetary damages.
Consult an Attorney
Laws, statutes, and regulations governing or applicable to Energized Health, its business,
and its services, including the Program, are subject to change without prior notice.
Energized Health suggests that You independently verify the applicable law pertaining to
Energized Health, its business, and its services, including the Program, prior to participating
with or engaging in the Program. You acknowledge and agree that You had an opportunity
to consult with legal counsel regarding Your participation with and engagement in the
Program.
Confidential Information. “Confidential Information” means all non-public, confidential, or
proprietary information disclosed before, on, or after the Effective Date by the Company or
Company’s directors, officers, employees, agents, contractors, and legal, business, and
technical advisors (“Personnel”) to the Contractor whether or not marked or otherwise
identified as “non-public,” “confidential,,” or “proprietary,” including trade secrets,
know-how, inventions, processes, innovations, methods, protocols, techniques and all
confidential, technical, and/or business information pertaining to the Company, as well as
all notes, memoranda, reports, analyses, materials, applications, drafts, documents, or other
information pertaining to the foregoing.
Confidentiality Obligations. Contractor may gain access to Confidential Information of the
Company. As a condition to being provided with Confidential Information, Contractor shall,
for so long as the Confidential Information is non-public, confidential, or proprietary: (i) not
use the Company’s Confidential Information other than as strictly necessary to perform or
participate in the Program; (ii) not reverse engineer, disassemble, deconstruct, decompile,
circumvent, or otherwise exploit, by any means (or attempt any of the foregoing) the
Company’s Confidential Information; (iii) not use Company’s Confidential Information for
any of Contractor’s business(es) or other commercial endeavors, or for Contractor’s personal
benefit, or on the account of any third-party individual or entity; (iv) maintain Company’s
Confidential Information in confidence, and not disclose the Confidential Information
without the Company’s prior written consent; and (v) notify Company upon discovery of any
unauthorized use or disclosure of Confidential Information. If Contractor becomes legally
compelled to disclose any Confidential Information, Contractor shall: (i) provide prompt
written notice to the Company so that the Company may seek a protective order or other
appropriate remedy or waive its rights in this section; and (ii) disclose only the portion of
Confidential Information that it is legally required to furnish.
Proprietary Information. “Proprietary Information” means an information disclosed by “The
Company” to you, either directly or indirectly and communicated in any form (e.g. written,
verbal).
Nonuse and Nondisclosure; No License. You agree not to use any Proprietary information
for any purpose except to evaluate and engage in discussions concerning a potential
business relationship between the parties. You further agree not to disclose any Proprietary
Information to third parties. You shall not reverse engineer, disassemble or decompile any
prototypes, software or other tangible objects which embody the Proprietary Information
and which are provided to you hereunder. Nothing in this Agreement is intended to grant
any rights to you under any intellectual property of the Company, whether implied or
expressed, nor shall this Agreement grant you any rights in or to the Proprietary
Information except as expressly set forth therein.
Maintenance and Confidentiality. You agree to take reasonable measures to protect the
secrecy of and avoid disclosure and unauthorized use of the Proprietary Information.
Without limiting the foregoing, you shall take at least those measures that you take to
protect your own most highly confidential information. You shall not make any copies of
the Proprietary Information unless the same are previously approved in writing by the
Company. You shall reproduce the Company’s proprietary rights notices on any such copies,
in the same manner in which such notices were set forth in or on the original. All
documents and other tangible objects containing or representing Proprietary Information
which have been disclosed by the Company to you, and all copies thereof which are in your
possession, shall be and remain the property of the Company and shall be properly
returned to the Company (a) if you decide not to proceed with the proposed business
relationship; or (b) upon request. You agree to immediately notify the Company of any
unauthorized release of Proprietary Information.
Remedies. You acknowledge and agree that due to the unique nature of Proprietary
Information, there can be no adequate remedy by law for any breach of your obligations
hereunder, and that any such breach may allow you or third parties to compete unfairly
with the Company resulting in irreparable harm to the Company. You further agree that
upon any such breach or threat thereof, the Company shall be entitled to injunctive and
other appropriate equitable relief in addition to all legal remedies. In addition, if the
Company prevails in any legal dispute hereunder it shall be entitled to collect from you its
reasonable attorneys’ fees and expenses.
Waiver and Release. You are agreeing that the Company may use any image, photograph,
video, voice or likeness without additional compensation. I understand that these
photographs, images, video or audio may be used in any media for the Company
promotional purposes either now known or hereafter created anywhere in the world. By my
submissions or my participation in the photography, filming or recorded zoom (or similar), I
release the Company and its representatives, licensees, employees, photographers, and
their designees from any and all liability for any violation of any privacy or proprietary rights.
The Company does not wish to receive any confidential information from you, and the
Company assumes no obligation, either express or implied, with respect to any information
disclosed by you.
Non Compete and Non Solicitation. You agree that at no time during the term of this
agreement, and for a period of two years, or the maximum allowable period not to exceed 2
years after signing this agreement or enrolling in the Energized Health Cellular
Transformation Experience, will engage in any business activity which is directly
competitive. However, this does not preclude you from utilizing the services of another
health authority or professional. You further agree not to solicit any employee, affiliate,
ambassador or independent contractor of one another, nor shall induce any employee or
independent contractor associated to terminate or breach an employment, contractual or
other relationship.
Miscellaneous. This Agreement shall bind and insure to the benefit of the parties hereto
and their successors and assigns. This document contains the entire Agreement between
the parties with respect to the subject matter thereof. Any failure to enforce any provision
of this Agreement shall not constitute a waiver thereof or of any other provision. This
Agreement may not be amended, nor any obligation waived, except by a writing signed by
both parties hereto. If any provision of the Agreement shall be declared void, illegal or
unenforceable, the remainder of this Agreement shall be valid and enforceable to the
extent permitted by applicable law.
Governing Law. This agreement shall be governed by and construed under the laws of the
presiding state in which the transaction occurred and the United States without regard to
conflict of laws provisions thereof. You hereby consent to the jurisdiction of such courts.
By clicking and/or participating in the program you agree, is a statement that you have
agreed to the terms and conditions stated above for participation with and engaging in the
“555 Challenge” with Energized Health (the “Program”).
Limitation of Liability; Disclaimer
THE MAXIMUM EXTENT OF ENERGIZED HEALTH’S LIABILITY SHALL BE THE “MONEY-BACK
GUARANTEE,” AS SET FORTH IN A SEPARATE DOCUMENT. OTHERWISE, IN IN NO EVENT
SHALL ENERGIZED HEALTH, ENERGIZED HEALTH’S AFFILIATES, OR ENERGIZED HEALTH’S
AND ITS AFFILIATES’ PERSONNEL BE LIABLE TO YOU FOR ANY PHYSICAL, MENTAL, OR
EMOTIONAL DAMAGES, NOR SHALL ENERGIZED HEALTH, ENERGIZED HEALTH’S
AFFILIATES, OR ENERGIZED HEALTH’S AND ITS AFFILIATES’ PERSONNEL BE LIABLE TO
YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE,
OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE,
ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH YOUR PARTICIPATION
WITH OR ENGAGEMENT IN THE PROGRAM, REGARDLESS OF (A) WHETHER SUCH
DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT YOU WERE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT,
TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. ALL INFORMATION AND
MATERIALS PROVIDED BY ENERGIZED HEALTH TO YOU, INCLUDING THE PROGRAM, ARE
PROVIDED ON AN “AS IS” BASIS; ENERGIZED HEALTH HEREBY DISCLAIMS ALL
WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THE INFORMATION AND
MATERIALS. ALL STATEMENTS MADE TO THE CONTRARY ARE VOID.
