ZIVLI LLC NEW MEMBER AGREEMENT
Last updated December 13, 2024
THIS AGREEMENT is between you ("Member", "Members", “you”, or “your”) and Zivli LLC (“Company”, “we”, or “us”), collectively the “parties”, and concerns Health Coaching as described herein and on any materials or online content owned, obtained, or published by Zivli LLC (“the Program”). This Agreement is referred to as “terms and conditions” on the checkout page for the Zivli LLC Zivli Program at zivli.com.
1. Health Coaching. The Company provides general nutritional services and wellness coaching to help you adopt and maintain a healthy lifestyle. Our primary areas of focus are nutrition, mindset, stress, sleep, and physical activity. Our services include recommendations to improve one or all of these areas of focus with the goal being for you to experience and maintain improved health and wellness.
We are not able to guarantee what your response to the Program or any particular recommendation may be. There may be risks and benefits associated with any recommendation. There is a risk that a recommendation may cause pain or injury, or may aggravate previously existing conditions. If you are under the care of a healthcare provider, you may wish to consult with your provider prior to beginning the Program.
A large part of your success will be determined by your dedication and consistency in following the Program and recommendations. You are an active partner in developing, monitoring, and adjusting your lifestyle in order to obtain and maintain optimal benefits from the Program. Please inform the Company of any adverse responses to a Program recommendation. Your coach will be happy to discuss the potential risks and benefits of any specific recommendation.
Per Nebraska State Law for Medical Nutrition Therapists, a medical nutrition therapy license is not required to provide general nutrition services which include but are not limited to:
- Identifying the nutritional needs of individuals and groups in relation to normal nutritional requirements; and
- Planning, implementing, and evaluating nutrition education programs for individuals and groups in the selection of food to meet normal nutritional needs throughout the life cycle.
If your coach identifies a need for further nutritional assessment and/or intervention that is outside the scope of general nutrition services, you may be referred to a licensed medical nutrition therapist.
2. Attendance Policies. Zivli LLC strives to provide an exceptional customer experience and provide the highest quality service to our members. We are dedicated to your success and will always do our best to be respectful of your time. We ask that you make a sincere effort to keep each scheduled appointment and be on time. This includes for group and 1:1 coaching calls.
For your convenience and continuity of service, we provide reserved time slots for each client with a specific coach. Your consistent, timely attendance at each scheduled session is paramount to your success. While we are sensitive that an emergency may occur on a rare occasion, cancellations and reschedules (especially last minute ones), along with no-shows, decrease our ability to accommodate the scheduling needs of the other members.
Therefore, we ask for your full cooperation with the following policy:
- If you need to reschedule, please do so at least 24 hours before your scheduled appointment and reschedule at the earliest possible time;
- If you are running late, please let us know and we will do our best to reschedule you as soon as possible, as space on the schedule permits; and
- For 1:1 appointments, if you do not email to cancel your scheduled appointment, do not show up for your scheduled appointment, or are more than 15 minutes late for your scheduled appointment without notifying your coach, you will be charged full price.
- All 1:1 coaching calls must be used within 6 months of purchase. No refunds will be given for unused or used 1:1 calls.
This policy is necessary for the benefit of all our members, so that we may continue to provide consistent, dependable and high quality service to everyone.
3. Program Fee. The investment for the Zivli Program for a member paying in full is $1997.00 USD. The Program Fee for a member selecting an installment payment plan is the sum of the member’s scheduled payments. Member agrees to make timely and full payment of the Program Fee to the Company, up front or in installments, even if Member is unable to attend coaching calls or otherwise fully participate in the Program.
4. For Members Paying In Full. Upon enrollment, Members pay the full Program Fee. Within seven (7) calendar days of enrollment, Members must electronically sign and submit this Agreement. Failure to do so is deemed forfeiture of admission to the Program. Credit card charge-back attempts (resubmitting the charge to the card issuer) are not permitted, and an issuer’s declining a credit card payment is deemed forfeiture of admission to the Program.
5. For Members Selecting a Payment Plan. Upon enrollment, the Member pays the first installment of the payment plan. Within seven (7) calendar days of enrollment, Members must electronically sign and submit this Agreement. Failure to do so is deemed forfeiture of admission to the Program.
The remaining balance of the Program Fee will be automatically withdrawn in monthly installments as agreed when Members enrolled in the Program. Member authorizes Company to automatically charge the credit card on file for Member for all Program Fee installments and any other sums or balances owed to the Company by Member. Credit card charge-back attempts (resubmitting the charge to the card issuer) are not permitted, and an issuer’s declining a credit card payment is deemed a forfeiture of admission to the Program.
Members agree to keep credit card information current with the Company. If any payment is insufficient or declined for any reason, the Company will notify Member and may suspend Member from the Program without further notice or liability to Member. Suspension from the Program will cause Members to be unable to access Program materials or other Zivli resources. A suspended Member may be reinstated to the Program upon payment of all past due installments.
6. For Members Granted Access. Members who were granted access from our 2-for-1 deal are not required to provide payment for program access. To qualify for the 2-for-1 deal, members must reside at the same address.
7. Not Covered by Insurance. Zivli LLC is not in network with any insurance company. We are a fee-for-service business. Up front payment is required for services. We collect payment via debit or credit cards, Health Reimbursement Accounts (HRAs), Health Savings Accounts (HSAs), and Flexible Spending Accounts (FSAs). A letter of medical necessity from your primary health care or other provider may be required for reimbursement from such accounts. You may also be able to use corporate wellness stipend money for the Program, if approved by your HR department. The Company makes no representations that reimbursement from such accounts or stipends from wellness plans will be available to or received by Member.
Upon request, you may receive an invoice for your payment, however, this invoice will not contain physical therapy or other billing codes. Therefore, you will not be able to send this invoice to your health insurance company for reimbursement. Upon request, you may receive an itemized invoice to submit to your HSA/FSA/HRA company or corporate wellness plan administrator.
Physical therapists may not provide covered services that are reasonable and necessary on a cash-pay basis. We provide preventative and wellness services on a cash-pay basis. If your Zivli coach thinks that you qualify for covered, reasonable, and necessary physical therapy services you may be advised to seek such services from a qualified physical therapist in your locale.
Because the documentation and administrative processing of our services are not designed to meet Medicare’s covered benefit requirements, and we are not Medicare enrolled providers, our services will not be covered (paid) in full or in part, by Medicare (including Medicare Advantage Plans) and we are not subject to Medicare’s fee structure or schedule. We will not submit claims to Medicare on your behalf nor provide you with a statement or billing codes that you can submit to Medicare yourself. If you want Medicare to pay for any services that we provide that may be considered covered benefits if provided by a Medicare enrolled provider, you can seek those services from a Medicare enrolled provider. Neither you, your caregivers, family members, authorized representatives nor attorneys-in-fact will submit our receipts to Medicare, a Medicare Advantage Plan or any insurance primary or secondary payer for reimbursement.
8. Money-Back Guarantee. We have a conditional 365-day guarantee. To qualify, you must watch all course lessons in their entirety and submit proof of work. The required work includes 1 week of full habit tracking using the daily meeting agenda, 1 monthly review using the monthly meeting agenda, your Personal Faith Formula, and your Growth List. These documents must be thoughtfully completed and sent to [email protected] within 365 days of purchase. No refunds will be granted in the first 10 weeks of the program because all of the course content is not yet released.
9. Release. Members agree that the Company may use any written statements, images, audio recordings or video recordings of Members obtained by the Company while the Member is in the Program. This includes any content Member may publish to social media accounts and online forums, as well as any statements, images, or recordings captured by Company concerning Members’s participation in the Program. Member waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings, video recordings, social media, and online content and waives the right to inspect or approve any of the same used by Company.
10. Intellectual Property. All intellectual property rights in and to the Program, the Program content, and all materials displayed, distributed, provided in connection with or produced from the Program (collectively “Program content”) are property of and solely owned by the Company. Members will not use for any purpose other than Member’s own participation in the Program, nor reproduce nor allow anyone else to use or reproduce any Program content for any reason without the prior written permission of the Company.
11. Disclaimer. The Company makes every reasonable effort to ensure that all information provided in the Program is accurate. There is no guarantee that Member will see desired results using the Program and the Company shall have no responsibility or liability for Member’s decisions or practices implemented by Member relative to the Program. Statements by or on behalf of the Company related to weight loss or health improvements are examples of what may be possible in the future for members adhering to the Program’s recommendations. However, the Company makes no guarantees regarding the Program’s present or future results, and the Company has no responsibility for Member’s health, progress, or results as a result of Member’s enrollment and participation in the Program.
12. Privacy Policies. You have a right to privacy under the Health Insurance Portability and Accountability Act (HIPAA) that includes restricting disclosure of your records and claims to your health insurance plan, including Medicare, if you pay privately for your services at the time of service. By paying for the Company’s services at the time of service, we assume you are exercising this right to privacy and we will not disclose your records to any third party, including your health insurance company or Medicare. If you want your records disclosed by the Company to any third party in the future, you will need to obtain, sign and return to us our Disclosure to Release Protected Health Information Form before we will disclose your health information.
The Company uses good faith efforts to encrypt emails containing protected health information (“PHI”). By providing the Company your name, email and/or physical address, and information about your health and health history, and by participating in the Program, you are consenting to any disclosures of PHI made by you to the Company or in the Program being made known to the Company and its employees, officers, agents and independent contractors, and all coaching call participants, and are waiving your HIPAA rights in connection with such disclosures.
13. Choice of Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Nebraska without regard to its conflict of laws doctrine, and by applicable federal laws of the United States of America.
14. Notice. All notices that you or the Company are required or may desire to give to the other party shall be in writing. Electronic mail is permissible, but will be considered sufficient notice only if the non-sending party affirmatively confirms receipt. Your email address shall be the email address provided upon your enrollment in the Program, unless you thereafter change such address in accordance with this Agreement. Email for the company shall be directed to Morgan Nolte, email address: [email protected].
15. Miscellaneous. If any portion of this Agreement is determined to be illegal, unenforceable or invalid, the remainder of this Agreement shall remain in full force and effect. Any rights or obligations in this Agreement necessary to carry out the intent of this Agreement shall survive termination of this Agreement including, but not limited to representations, warranties, payments and refunds, release, intellectual property rights, and disclaimer. Failure of either party to enforce any provision of this Agreement, or any right or remedy at law or in equity shall not be construed as a waiver, estoppel with respect to, or limitation of such party’s right to subsequently enforce and compel strict compliance or seek and obtain a remedy. This Agreement and any Program Fee or other service payment agreements constitute the entire agreement between the parties. This Agreement supersedes any prior agreement between the parties, whether written or oral, and may be modified or amended only by a writing signed by Member and Company. This Agreement is binding upon Member, on Member’s behalf and on behalf of Member’s heirs, agents, attorneys-in-fact, representatives, personal representatives or executors, or any other person or entity acting on behalf of Member, Member’s estate or persons having any capacity named above.
Member acknowledges and intends that Member’s check on the box that reads: "I have read and agree to the terms and conditions of this page as follows" is binding and valid for all purposes.