Terms & Conditions

Background:

A. The Client is of the knowledge that the Contractor, Jaralyn Monkman, of Company MyNourish, is self-educated and is not a registered dietician, nutritionist or other type of health consultant; however, does have the necessary research abilities to provide the client with the services of meal planning along with recipe and product idea support to support the clients dietary needs.

B. Meal plans and support provided may only contribute to the clients overall health, and the contractor is agreeable to providing these services based on these terms and conditions.

In Consideration of the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is herby acknowledged, the Client and the Contractor agree as follows:

Services Provided

1. The client hereby agrees to engage the Contractor to provide the Client with the following services (the ‘Services”):

  • Provide Meal Planning, recipe and product idea support for stated dietary restrictions or preferences.

2. The Services will also include any other tasks which the Parties may agree on.  The Contractor hereby agrees to provide such services to the client.

Term of Agreement

3. The term of the agreement will begin on the date of this Agreement and will remain in full force and effect until terminated as provided in this Agreement.

4. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 15 days written notice to the other Party.

5. In the event that either Party breaches a material provision under this Agreement, the non- defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages. 

6. This agreement may be terminated at any time by either of the Parties.

7. Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.

Performance

8. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect. 

Currency

9. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in CAD (Canadian Dollars).

Compensation

10. The Contractor will charge the Client for the Services as follows (the ‘Compensation’):

  • The client will pay based on the selected services and the terms of service as agreed upon in the ‘MyNourish Intake Information Form’ or as outlined through the weekly meal plan subscription service.

11. Invoices submitted by the Contractor to the Client are due within 30 days of receipt.

12. Any late payments will trigger a fee of 5.00% per month of the total amount owing.

Confidentiality

13. Confidential information refers to any data or information relating to the business of the Client which would reasonably be considered proprietary to the Client including, but not limited to, accounting records, business processes, health and client records.

14. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose confidential information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of the Agreement and will survive indefinitely upon termination of this Agreement. 

Intellectual Property

15. All intellectual property and related material (the ‘Intellectual Property’) that is developed or produced under this Agreement will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property.

16. All recipes sourced for meal plans are retrieved from a variety of sources and will be referenced and cited, as necessary and accordingly, to give credit.

Capacity/Independent Contractor

17. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Indemnification

18. I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my engagement with the Contractor in the area of the services.

Binding Effect

19. This agreement shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of the Company, its successors and assigns.

Governing Law and Venue

20. These terms and conditions shall be governed in all respects by the laws of Canada and Alberta without regard to conflict of law principles. 

Waiver

21. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent break of the same or other provisions.

 

IN WITNESS WHEREOF the parties have duly agreed to the terms and conditions as signed on the ‘MyNourish Intake Information Form’ or through purchased subscription to the MyNourish Weekly Meal Plan.