Welcome to the Nourished Gut Guide (the “Program”) with Above Health, LLC (“Above Health”). We are looking forward to working together throughout the duration of the Program.    Below are the terms of this “Agreement” to set forth the details of working with Above Health in the Program. We encourage you to read this information carefully and fully to create clarity of our respective roles and expectations while working together and to set You, the undersigned, up for a positive, productive, and results-driven enrollment.

By signing below, we both legally agree to the following:

1 - PROGRAM DESCRIPTION   The Program is a self guided, online program designed to help You relieve your digestive symptoms and heal your gut through the essential foundations of gut health.

The Program includes:

• Private access to online video courses
• Lifetime access to course content through lifetime of course
• Access to all downloadable resources and materials

INVESTMENT

INVESTMENT: You agree that You are financially willing and able to invest the cost of the Program, and that by so doing, You are not incurring any economic hardship in any way. Your investment must be made upon enrollment in the Program and is as follows: Full Pay: $197

PAYMENT AUTHORIZATION: Upon billing, You will receive an electronic receipt to the email on file indicating the same.

REFUND POLICY: It is my intention for You to be happy with your participation and results in the Program. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the Program, no refunds will be provided. Unless otherwise provided by law, You acknowledge that all sales are final and Above Health does not offer refunds for any portion of your payment for any of the Program at any time. By signing this Agreement, You agree that You will not issue a chargeback for the payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.    Should You attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not. You will still remain contractually responsible for payment of the Program in full.

2 – PROGRAM ACCESS SUPPLEMENT SUGGESTIONS: The supplements listed inside of the NGG course are optional. The Program guides You in how to utilize the foundational supplements in conjunction with nutrition and lifestyle optimization to best resolve your ill-health symptoms. As with all health and wellness related issues, Above Health encourages You to discuss all vitamins and supplements that You consume with your doctor.

YOUR ACCOUNT AND PROGRAM ACCESS: You will have lifetime access to all online video course content for the duration the course of active through Kajabi. Upon enrollment of the Program, You will receive an email from Above Health and Kajabi prompting you to create your account (the “Account”). Once created, your Account will house the online courses, learning material and pertinent links and resources.

3 - INTELLECTUAL PROPERTY RIGHTS  Above Health retains all ownership and intellectual property rights to the course content and materials provided to you through the Program, including all copyrights and any trademarks belonging to Above Health and related entities. The Program content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without my prior written permission.    By signing this Agreement You agree to the above terms, and understand that Above Health’s and Program’s materials are protected by the United States Intellectual Property laws, including the Copyright Act of 1976. You understand and agree that violating the terms of this Agreement may subject You to legal action and that Above Health will pursue all remedies at law against You to the fullest extent which she is entitled.

4 - PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS  NO GUARANTEE OUTCOMES: You understand that the Program outcomes can be subjective and vary greatly depending upon circumstances and individual effort invested in the Program process. Joining this Program does not guarantee that You will take any specific action and does not offer any guarantee of success. As such, You understand that Above Health makes no guarantee, representation or warranty of any nature or kind that this Program will be effective or will result in any particular outcome. You agree that You will not hold the responsible, in whole or in part, for any result that You do or do not achieve.**

• *PERSONAL RESPONSIBILITY & ASSUMPTION OF RISK: You acknowledge that You take full responsibility for yourself and all decisions made before, during and after your participation in the Program. You accept full responsibility for your choices, actions and results before, during and after this Program, and You knowingly assume all of the risks of the Program related to your use, misuse, or non-use of the Program or any of the Program materials. You understand and agree that you are solely responsible for your results. You agree that Above Health is not responsible for your physical, mental, emotional and spiritual health, or for any other result or outcome that you may experience through this Program. Nothing related to this Program is intended to be considered medical or mental health advice in any way.

LIMITATION OF LIABILITY, INDEMNIFICATION, AND RELEASE OF CLAIMS: You agree that Above Health will not be held responsible in any way for the information that You request or receive through this Program, including my services, products, and Program materials and any other information you have received from or through me related to this Program. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release Above Health, in her individual capacity and legal capacity, and each of Above Health’s companies’ principles, shareholders, officers, directors, employees, agents, successors, beneficiaries and assigns from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against Above Health in the future that may arise from your participation in the Program, including all services and products to the extent permitted by applicable law.

5 - OTHER IMPORTANT TERMS

TERMINATION: Above Health reserves the right to terminate this Agreement at any time, for any reason, at their sole discretion, upon 3-days written notice. Should Above Health terminate this Agreement, the financial obligations of this Agreement may be revisited and reassessed, however all other terms of this Agreement remain. You are free to terminate this Agreements at any time, by notifying Above Health in writing, at least 3-days in advance to [email protected] However, should You chose to terminate the Agreement and your relationship with the Program, your financial obligations to the Program, and all terms of this Agreement remain. You are still financially liable for the full payment of the Program. You will not receive a refund for outstanding sessions.

NOTICE: All correspondences or notices required regarding the Program shall be made to Above Health via e-mail at [email protected] and to You at the e-mail address You provided during your enrollment in the Program.

FORCE MAJEURE: In the event that any cause beyond my reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Above Health to perform my responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Above Health is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill my responsibilities and obligations.

ENTIRE AGREEMENT, ASSIGNMENT, SURVIVABILITY AND WAIVER: This Agreement contains our entire agreement and may be modified or amended at any time as long as the amendment is in writing and signed by both parties. You may not assign your privileges, rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If Above Health chooses to waive or not enforce one or more terms of this Agreement, it does not in any way limit her right to later enforce every part of this Agreement.

GOVERNING LAW: This Agreement shall be construed according to the laws of the County of Suffolk in the State of Massachusetts

DISPUTE RESOLUTION: Should we ever have any differences, it is hoped that we could work them out amiably through e-mail correspondence. However, if we are unable to seek resolution in 14-days, we agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us, unless we both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to you through arbitration is the full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in the County of Suffolk in the State of Massachusetts where my principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

MUTUAL NON-DISPARAGEMENT: Should You have any questions or concerns about the Program or Above Health, You agree now to contact me directly in a mature and professional way rather than to publicly make any negative or critical comments about the Program, my business or me through social media, public forums, or otherwise. We both agree now not to communicate with any other individual, company or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the Program, me, my business, my employees, contractors or agents, other participants. In arbitration or when required by law, of course, we are not prohibited from publicly sharing our thoughts and opinions.

By signing this Agreement, we both acknowledge that we have read, understand, agree to and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You agree that You have had the opportunity to ask Above Health any questions prior to signing, and your signature indicates that You agree with all of the terms of this Agreement.**