Membership Terms & Conditions
Our core ethos for Raising Healthy Eaters is to help parents overcome their children’s feeding and nutrition challenges. This document details from the outset the way in which we will deliver our services to you. If you are planning to join Raising Healthy Eaters, (“the Membership”) then you must read these terms and conditions in full prior to purchasing.
1. Membership Terms & Conditions (‘Terms’): Key Details
These Terms cannot be varied and in proceeding to purchase the Membership you will be deemed to have accepted these Terms. The Terms set out below apply to the services offered by Raising Healthy Eaters. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which Raising Healthy Eaters (“we”, “our” or “us”) provide services to you, as purchaser of the Membership. These Terms are subject to any rights you have under consumer law to which we are bound and which cannot be waived by contract. Please be aware that we may update these Terms at any time. Your continued use of the Membership indicates your acceptance of the terms and agreement to any changes.
2. Membership Outline
Raising Healthy Eaters is a membership platform for helping parents master their child’s nutrition, eating, growth, and health! The Membership is an ongoing commitment where you can get regular support and guidance. The goal of the membership is to provide resources and support needed by parents and caregivers to manage their child’s nutrition, and teach and promote healthy eating habits. It is designed for parents and caregivers of children ages birth to 18 years who need help managing picky eaters, food allergies, family meal planning, cooking, child weight issues, and other child & family nutrition-related challenges. It is not intended for use by children themselves, or for individual adults seeking nutrition counseling and guidance. Similarly, the membership is not intended to provide Medical Nutrition Therapy, or clinical nutrition services, for the diagnosis and treatment of nutrition-related conditions.
This membership is suitable for those who are over the age of 18 and who are looking for help managing nutrition challenges of their own children, or children they care for.
4. Membership Specifics
There are five elements to the Membership:
i) Live Member Q&A Sessions every other week
ii) Video Courses & Tutorials
iii) Downloadable Documents
iv) Recipe Library
v) Private Community Forum
Question & Answer Sessions
The live member Q&A calls will be led by Founder, Brigit O’Donnell. From time to time they may also be joined by other Registered Dietitians, Dietetic Interns, Physicians, Psychologists, and other Healthcare Professionals with experience in child growth, development, nutrition, & behavior. The biweekly Q&A calls will take place via Zoom or another online meeting platform. During each Q&A call, members will have the opportunity to ask questions about courses and other materials available to them, explain the nutrition challenges they need help with, and ask for assistance and advice from Brigit O’Donnell. Questions may be submitted in advance, to the appropriate community discussion thread, or asked live. On occasion, one member will have the chance to take the “hot seat” for 15 minutes to discuss their situation and questions; the remainder of the call time will be used for shorter questions.
The information and guidance shared will be based on scientific research findings, best practice, and the work experience, training, and education of Brigit O’Donnell, MS, RDN, and/or other Healthcare Professionals joining the calls.
The live sessions will be recorded and made available to members only, within the membership site (Q&A call archive).
Video Courses & Tutorials
Every member will have ongoing to access to old and new video courses and tutorials for assistance with meal planning, picky eating, food allergies, weight and growth concerns, and other topics deemed appropriate based on member needs and feedback. Videos may not be download or shared as property of the individual member.
Downloadable Documents and Recipe Library
There will be additional training resources available for members to consider in their own time. Access to current resources will be granted upon membership. New resources will be added on a weekly basis – courses, live calls, recipes, downloads (checklists, fact sheets, templates, etc.). For best results you should work through The Foundational Course and then other courses, as added, implementing each action step as outlined, in your own time. Failure to do so may limit your ability to learn from the tips and guidance shared in the site and via live sessions. The content of all resources and training will be provided in English, translations are not available at this time.
Private Community Forum
You will have access to a private community forum/discussion board to support you during the Membership. The intention of the forum is to provide community support and a network of individuals at a similar stage of Raising Healthy Eaters and who are
facing similar challenges.
Brigit O’Donnell, MS, RDN will post and offer support in the forum on a regular basis, but there is no guarantee that posts will be responded to immediately or that every post and thread will be monitored.
Please be advised that whilst we hope that you will be able to use the Community Forum, we make no guarantees as to the availability of the content within various threads at any time. Therefore, always ensure that you have back-up copies of any information shared within the forum.
It is requested that at all times your behavior towards others is polite and respectful. We firmly believe in treating all others well and with kindness. Should your behavior be deemed offensive or inappropriate we reserve the right to remove you from the Membership with immediate effect.
Each person is responsible for their own behavior and we will not be held responsible for the behavior or actions of any other Members.
6. Membership Fees and Payment Terms
The cost of the Membership is set at the time you subscribe and is inclusive of sales tax. On subscription you will agree to monthly payments via Stripe which will be taken on the day of the month your membership began, for a monthly recurring subscription, or once a year on the month and day your membership began for an annual subscription. Payment receipt will indicate a business name of OH! Optimal Health & Wellness, LLC,
of which Raising Healthy Eaters is a dba.
The Membership is an ongoing monthly subscription and payment will be taken on the same day each month, unless you have elected for the annual plan.
We reserve the right to change the content and delivery of the services within the membership and the associated price point at any time. Should we do this we will provide advance notice so that you can decide whether to consider your subscription. We shall never increase your membership fees without providing at least 28 days’ notice and without providing you with advance notification.
7. Refunds and Cancellation
It is our aim that you will be completely happy with the Membership and its impact on how your child eats and grows, and your confidence and skill level as the leader in the feeding dynamics with your kids as they grow. However, we appreciate that there may come a time when you wish to leave the Membership.
PRE-SALE PERIOD IN WHICH ACCESS IS NOT IMMEDIATELY GRANTED
You have the right to cancel and obtain a full refund within 5 days from the date of subscription. Refund requests should be made in writing to
firstname.lastname@example.org and a full refund will be provided within 14 working days.
There is no obligation on us to refund any amounts paid where cancellation requests are made following the 5-day cancellation period.
IN CIRCUMSTANCES WHERE MEMBERS HAVE INSTANT ACCESS TO MATERIALS
As you have instant access to the Membership resources you will not be entitled to a refund of your subscription fees should you join and then wish to leave. Please consider the detail of the Membership carefully before purchasing and get in touch to ask any questions about suitability. You will not be entitled to a refund if you change your mind. Your statutory refund rights are not affected.
Should you wish to cancel your Membership you may easily do so from your Member Dashboard.
We reserve all rights to cancel the program for any reason without prior notice. In such circumstance a refund will be provided for the remainder of that month or year as applicable.
Notwithstanding any right or remedy available to us, we may cancel your Membership with immediate effect:
- f you fail to pay your Membership fees by the relevant due date;
- If you commit a repudiatory breach of the Terms of this agreement;
- As decided at our sole discretion from time to time based on Member conduct and use of materials.
8. Contact and Schedule
It is the intention that the Membership will run continuously and that any training material, live Q&As, and other resources will be provided as set out above. Should an unforeseen reason arise which cause a session(s) to be postponed they will be re-arranged as soon as possible.
Throughout the Membership we will be available by Community Forum discussion, Live Q&A calls, and email.
If you have a technical query relating to accessing the Membership please include “Tech” in the subject line of your email correspondence. Send your message to email@example.com. You will receive a response within 48 hours.
You may see us post on social media outside of our core hours. Not all of these posts are live and some will be pre-scheduled. We are passionate about supporting everyone in the Membership and where we can we may respond to you out of hours but we make no guarantees that this will always be possible.
We make no guarantees or claims as to the success of any member. Each individual is unique and their abilities are unique to them. The aim is that we equip you with the knowledge, skills, advice, and support needed to make changes in your home. Whether or not these changes are made is solely dependent upon you.
All training courses and materials provided will be general information and guidance and will not be personalized advice. We are not responsible for any action or inaction which you take as a result of the information within the Membership.
No content in this Membership should be construed as medical advice, whether mental or physical. If you believe that your child requires medical attention you should seek assistance from a medical professional immediately. Raising Healthy Eaters does not seek to provide Medical Nutrition Therapy or clinical nutrition services. We don’t assume we can help solve all nutrition-related problems as some will require evaluation and treatment by a pediatrician, specialist, or interdisciplinary team of Healthcare Professionals licensed in your state.
We ask that all members in the Membership respect the rights of others in respect of their behavior and privacy. We will not be responsible for the action of any members including for any disclosures made by any members based on information which has been shared within the Membership.
10. Limitation of Liability and Indemnification
To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from your use of all or any part of the Membership. We shall not be liable to you for any damages or loss. If we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Membership, our liability shall in no event exceed the total of any fees with respect to the Membership received by us from you, during the 6 months preceding the date on which the claim arose.
Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law.
You agree to indemnify, defend and hold us, our subcontractors and employees, harmless from any claim or demand, including solicitors’ fees, made by a third party due to or arising out of your breach of these terms, or your violation of any law or the rights of a third party.
11. Privacy and Confidentiality
Your privacy and protection of your personal data is important to us. You are responsible for ensuring that your contact details are accurate and up-to-date, at the time of registration, and on an on-going basis thereafter.
During the course of the Membership, you may have access to confidential information, in particular the personal affairs of other members. In accepting these Terms, you agree that you will not use or disclose to any person, organization or company, and shall use your best endeavors to prevent the publication of, any confidential information relating to any other member.
You accept that any unauthorised disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the Membership. Should you decide to leave the Membership then you remain bound by the confidentiality and privacy obligations.
Please be aware that some training sessions may be recorded and your name and image/video may be captured. The recordings of the training will be kept and made available to others in the Membership. If you provide or share any information within these sessions about yourself or your business that information will be shared within the group. Should you not wish to be recorded please ensure that if you attend any training your camera is switched off and your name field is changed to “Attendee” with your initials so that support can still be offered but no personal identifiable information will be captured.
Your log-in details must remain confidential, and you must not disclose this information to a third party, without our express permission in writing. If you know, or suspect, that your log-in details have been obtained by a third party, you agree to change your password immediately, and provide notification of the same as soon as possible to firstname.lastname@example.org.
12. Intellectual Property
During your time as a Member, you will be provided with video courses and tutorials, recipes, downloadable fact sheets, guides, checklists, and templates. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the materials as learning tools but you are not permitted to duplicate, republish, reproduce, distribute, translate or provide copies to third parties. We retain and reserve all of our copyrights.
You agree that whilst in Membership, and for a period of 6 months following termination or cancellation of your Membership, you shall not use the confidential information revealed to you for any commercial purpose. In addition, you shall not elicit or entice away any current or potential members by sending “Friend Requests” or otherwise targeting them. You also agree not to become involved in any capacity with any business concern which is in, or tends to be in, direct competition with us].
14. Force Majeure
Where either party is prevented from or delayed in carrying out its obligations under these Terms, due to circumstances beyond their reasonable control including, but notlimited to, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, pandemic/epidemic, lock-outs, strikes or other employment disputes, performance of their obligations shall be postponed until these circumstances end.
In the event that we fail to insist upon your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and / or remedies available to us.
16. Errors and Inaccuracies
There may be information within our Site or the Membership which contains typographical errors, inaccuracies or omissions relating to the service delivery, pricing or promotion of the Membership. We reserve the right to correct or amend any errors without prior notice.
These Terms are governed by the laws of the United States of America. The Federal Courts have exclusive jurisdiction over any matter and proceedings arising out of the Membership.
It is our aim that you are completely satisfied with the Membership. Should you have any feedback please feel free to share it with us as we are always striving to ensure that we provide you with the highest level of service. If you have a complaint about the Membership this should be made to made in writing to Brigit O’Donnell at email@example.com.
We intend to rely on the written Terms set out in Terms and Conditions for the services that we provide to you in delivery of the Membership. These written Terms shall constitute the entire agreement between us.
Should there be any conflict between these Terms and any Membership hosting platform or payment gateway, these Terms shall prevail.
If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
No provision within these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of your service. Any changes will be notified to you as soon as possible.
Frequently Asked Questions
1. What happens if I can’t make a live session?
As far as possible, the live calls with be recorded and the link to watch or listen will be made available on the member site. From time-to-time technology may fail and the recording may be unavailable or of poor visual or sound quality, but we do aim to record all live sessions. For the avoidance of doubt, there will be no refunds available for any missed sessions.
2. What if I need additional support?
Additional support can be offered to each member in the form of interaction via the community discussion boards. We are happy to support you as required, please contact us directly, additional charges will apply.
3. What if I am ill during the Membership?
If you are ill or unable to attend a live session for any reason you will be able to watch the recording of that session. If you are ill for an extended period, please let us know and we will support you wherever we can.
4. Is the Membership suitable for everyone?
The Membership is best suited to those who are needing help managing picky eaters, food allergies, family meal planning, cooking, child weight issues, and other child & family nutrition-related challenges. It is not intended for use by children themselves, or for individual adults seeking nutrition counselling and guidance. Similarly, the membership is not intended to provide Medical Nutrition Therapy, or clinical nutrition services, for the diagnosis and treatment of nutrition-related conditions.