Terms and Conditions
General Terms and Conditions
A. Publicity Consent & Release. Member agrees to the terms of the A Healthy Thin You Testimonial Release, attached hereto as Exhibit A, in the event Member elects to provide A Healthy Thin You with a testimonial regarding our services, which such terms are hereby incorporated into this Agreement by reference, and which contains certain waivers of Member’s rights, consents to A Healthy Thin You use of the materials identified therein and releases A Healthy Thin You from liability for such use. Member acknowledges that he or she has had an opportunity to review this document prior to executing this Agreement. Member agrees to permit A Healthy Thin You, LLC, A Healthy Thin You Doctors, LLC, and Dr. Genene Prado, PSc.D to access all of the member’s charts and records related to the A Healthy Thin You program. A Healthy Thin You, LLC, A Healthy Thin You Doctors, LLC, and Dr.Genene Prado, PSc.D may access these records through electronic means or any other appropriate method.
B. Disclaimers. Member understands that he or she is starting a life transformation process. As with any diet, exercise program, fat loss program and food management plan there are tremendous rewards to be had by following the Plan. Member is urged to seek the advice of a physician before beginning any weight loss effort or regimen. A Healthy Thin You is providing a weight loss management system and provides products and information that are intended only to assist users in their personal weight loss efforts. A Healthy Thin You staff will not give Member medical advice or diagnosis. Nothing contained in the Plan should be construed as medical advice or diagnosis. The information generated by A Healthy Thin You or its franchisees should not be interpreted as a substitute for physician consultation, evaluation or treatment. Member should not rely upon any information to replace consultations or advice received by qualified health professionals regarding Member's specific situation. If Member has any questions regarding any lingering health concern, Member should seek medical assistance. If Member is not satisfied with the advice being rendered by Member's current physician, Member always has the right to obtain another medical opinion. If Member is currently taking medication, Member should continue to follow his or her medical doctor's instructions and stay on his or her medication(s). However, once the Plan is complete, Member may want to schedule a follow up with his or her medical doctor to be re-evaluated, as medications may need to be readjusted.
ALL GENERAL HEALTH-RELATED INFORMATION AND CONTENT CONTAINED IN ANY MATERIALS PROVIDED TO MEMBER (“MATERIALS”) IS MADE AVAILABLE ON AN “AS IS" AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS" AND IS BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. A Healthy Thin You does not provide medical advice of any kind or nature or any kind of medical treatment or diagnosis. All medical or health related information contained in the Materials is not intended to be a substitute for Member’s physician or for professional medical advice and is being provided for general information purposes only. UNDER NO CIRCUMSTANCES SHOULD MEMBER USE ANY OF THE INFORMATION CONTAINED IN THE MATERIALS OR ANY PRODUCTS RECOMMENDED OR PROVIDED TO MEMBER BY A HEALTHY THIN YOU TO DETERMINE WHETHER OR NOT MEMBER SHOULD DELAY SEEKING ANY MEDICAL TREATMENT, OR PROFESSIONAL MEDICAL ADVICE. A Healthy Thin You does not make any representations concerning the effectiveness of any treatment, course of action, test, product or service referenced in any Materials.
Every effort has been made to ensure the completeness and the accuracy of the information contained in the Materials. However, A Healthy Thin You does not assume any responsibility for any errors, omissions or any inconsistencies in any health-related or other information contained in the Materials. In addition, events or changes occurring after the Materials were written may render some of the information contained as obsolete, incomplete or inaccurate. Member is encouraged to confirm any information obtained from or through the Materials with other resources, including Member’s physician.
The information contained in the Materials relating to any supplement or product A Healthy Thin You provides or recommends as part of the Plan is not necessarily based on scientific evidence. A Healthy Thin You does not represent that any such information is based on scientific or reliable tests or studies. No statements or other information contained in the Materials have specifically been evaluated or approved by the Food and Drug Administration (FDA). NO PRODUCT OFFERED OR RECOMMENDED BY A HEALTHY THIN YOU IS INTENDED TO TREAT, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITION AND A HEALTHY THIN YOU DOES NOT MAKE ANY CLAIMS TO THIS EFFECT.
A HEALTHY THIN YOU SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO MEMBER FOR ANY TYPE OF DAMAGES MEMBER MAY INCUR, OF WHATEVER KIND OR NATURE, FROM ANY INFORMATION, ADVICE OR INSTRUCTIONS CONTAINED IN THE MATERIALS OR FROM ANY SERVICES OR PRODUCTS THAT MEMBER OBTAINS FROM A HEALTHY THIN YOU OR THROUGH ANY INFORMATION CONTAINED IN THE MATERIALS. If Member has any health conditions or concerns Member should seek medical assistance.
C. LIMITATION OF LIABILITY. MEMBER AGREES THAT A HEALTHY THIN YOU OR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS ITS SUCCESSORS AND/OR ASSIGNS, SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE AND PARTICIPATION IN THE CARE PLAN INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. MEMBER AGREES THAT A HEALTHY THIN YOU’S LIABILITY SHALL IN ALL CASES BE LIMITED TO THE TOTAL PURCHASE PRICE OF THE PLAN PAID BY A HEALTHY THIN YOU. A HEALTHY THIN YOU SHALL NOT BE LIABLE TO MEMBER AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. ACCORDINGLY, MEMBER AGREES TO WAIVE MEMBER’S RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT MEMBER’S WAIVER OF SUCH CLAIMS.
D. Ownership & License of Materials. Member agrees that the copyrights and all other ownership rights pertaining to any logos, text, graphics, headers, banners, images, coding, tags, videos, audio recordings, podcasts and similar recordings, applications, files or any other separate materials that are contained in any materials Company provided to Member including, but not limited to, our "A Healthy Thin You Fat Loss Manual/ Journal" (collectively referred to as "Materials") shall belong exclusively to Company. Member is hereby granted a single perpetual, royalty-free, non-exclusive and revocable license to view and access the Materials for Member’s own personal use only. Member agrees that Member shall not allow any third parties to view, use or otherwise benefit from the Materials in any manner whatsoever.
E. Amendment/Entire Agreement. No amendment or modification of any of the terms or provisions of this Agreement shall be effective or enforceable unless reduced to writing and signed by both Parties. The foregoing is the agreement between the Parties hereto as it now exists at the execution hereof and it is expressly understood, agreed and distinctly acknowledged that all previous communications and negotiation between the Parties, either written or oral, not contained herein are hereby withdrawn, nullified, and void.
F. Force Majeure. A Healthy Thin You may suspend the performance of its obligations hereunder in the event of any of the following contingencies, if by reason of any such contingency, it is materially hampered in the performance of its obligations under this Agreement or such performance becomes impossible or commercially impracticable due to: act of God, fire, catastrophe, acts of government, acts of government agencies or government officers, any order, regulation, or any other cause beyond A Healthy Thin You’s control.
G. Venue & Choice of Law. Any disputes under this Agreement are to be resolved through the PMA’s Ecclesiastical Tribunal. Any attempt to litigate disputes regarding this Agreement in the secular courts are subject to dismissal, pursuant to the Member Share Agreement, and may only be brought in Williamson County Circuit Court, in accordance with the laws of the Commonwealth of Texas.
H. Reservation of Rights. All rights not expressly granted in this Agreement are retained by A Healthy Thin You, including any electronic rights or usage, and including, but not limited to, all rights in sketches, drawings, images or other works contained in any written materials.
I. Severability. If any one or more of the provisions in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any other document.
J. No Waiver. No waiver by a party of any provision of this Agreement shall operate as, or be deemed to be, a continuing waiver of such provision or a waiver of any similar or dissimilar provision, unless such waiver is contained in a written instrument signed by the party against whom enforcement is sought.
K. Counterparts. The Agreement may be executed in any number of counterparts and by facsimile or portable digital format (.pdf), each of which will be deemed an original, but all of which together will constitute one and the same instrument.
A Pastoral Medical Association™ - Private Membership Program
MEMBER SHARE AGREEMENT (MSA)
I, the applicant for the value, benefits and mutual promises herein, do hereby apply for membership in Member Share. I accept the offer to become a member of Member Share and have read and agree with the following;
As members of the Association our main objective is to express and protect our rights to total freedom of choice regarding medical information and care through joining together in private membership association.
As members, we believe that the First Amendment to the Constitution of the United States of America guarantees our members the rights to freedom of speech, religion, petition, assembly and accordingly, the right to gather in this private ecclesiastical membership Association for the lawful purpose of advising and helping one another in asserting and preserving our God given rights under the Federal and State Constitutions and Statutes.
As members, we declare the right to select other members of the Association to give us counsel and advice for our physical, mental and spiritual health, and to request member assistance in facilitating for us the actual performance and delivery of the therapies, treatments and care we so choose for ourselves and our families.
As members we proclaim the freedom to select for ourselves the types of health care we think best for treating and preventing illness and disease of our minds and bodies, including but not limited to any and all treatment modalities and therapies practiced or used by any type of healers, therapists or practitioners the world over, whether conventional or unconventional.
As members we proclaim the right and freedom to establish guidelines and educational standards for those among us who will assist us in our health goals, and to identify them as provider level members through issuance of an association license.
Please visit pmai.us to read the entire member agreement
You will be entered as a PMA member upon your purchase of any of the doctor supervised programs.
Due to the proprietary nature of our programs, the program products and materials are non refundable.
We require a 24 hour appointment cancellation notice. You will be charged for a missed appointment at our regular rates or the visit will be deducted from a prepaid program.
UltraSlim Disclaimer and Policy
* Disclaimer: If you do not have a 2"-5" loss on your first full body procedure, there will be no charge! Period, end of story!
* Patients must have adequate fat deposits to qualify for the 2"-5" warranty. Call for details.
* Subsequent results vary from patient to patient and are dependent on many factors, including compliance with our protocols.