EXHIBIT 1
MEAL PODS PROGRAM AGREEMENT
RECITALS
R-1. YWP offers customized meal prep support with a connected community of like-minded households (“Meal Pods”).
R-2. Client wishes to participate in YWP’s Meal Pods program (“Program”) under the terms set forth in this Agreement and the Terms and Conditions. Client understands that the YWP makes no guarantees as to Client’s results as Client’s progress, participation in and results from the program depend on Client’s actions and forces outside the YWP’s control.
The parties agree:
I. OFFER TO CONTRACT. This Agreement and the Terms and Conditions is an offer to contract with YWP. By signing this Agreement, Client irrevocably agrees that if YWP approves your application to participate in the Program by counter-signing this Agreement then the Agreement and related Exhibits, attached as Exhibits 1 – 3, is a contract between you and YWP and applies to your participation in the Program.
II. TERM. The Program starts on _____________ for a period of 1 month/ 3 months/ or 6 months (the “Initial Term”). After the Initial Term this Agreement renews at the end of each Term for the same duration as the Initial Term subject to YWP’s approval (the “Renewals”) until cancelled as set forth in this Agreement (collectively the Initial Term and the Renewal(s) are referred to as the “Program Term”).
III. NON-CANCELABLE COMMITMENT. During the Initial Period and after the Termination Period passes for each Renewal Client’s program is a non-cancelable commitment for the Program Term, as extended and modified, and any attempt to cancel the Agreement after services have commenced will be deemed a default. As meal planning and preparation are time-sensitive and YWP cannot regain the time spent, no refunds are given for the Program. If Client does not cooperate and timely provide the information or decisions needed for YWP to perform, YWP is entitled to the full Program Fee for the Initial Term or Renewal, as the case may be, even if Client’s refusals have prevented YWP from performing.
IV. PROGRAM AND PAYMENT TERMS.
A. Program. Client selected the 1, 3 or 6 month Program as set forth on Exhibit 1, attached hereto and incorporated by reference herein (or as specified on https://yourwildpantry.com/plans/ page on website listing the options). Client acknowledges that YWP does not cook the food, but instead provides the meal plan, shopping list and conducts monthly Zoom or other web-based meal preparation instruction as part of the Program.
B. Program Fee.
1. Initial Fee. The Program cost for the Initial Term is $147 for a one-month subscription; $397 for a three-month subscription, or $747 for a six-month subscription (“Initial Fee”). Payment is due in full upon execution of this Agreement.
2. Renewal Fee. The Client will pay a renewal fee based on the duration of the Renewal for each additional time period as set forth in the Program (the “Renewal Fee”) if the Client wishes to continue with meal preparation services after the Initial Term. Unless the Client advises YWP that Client wishes to increase or decrease the duration of any Program renewal (ex. Change from a one month plan to a 6 month plan) at least 10 days before the expiration of the present term, the Renewal Fee and Renewal Period will be the same, subject to change as set forth in VI (B)(3), below, as the Initial Fee and Initial Term.
3. Modification of Fees. YWP may increase or decrease the Renewal Fee at any time if Client requests a change in Services or at any renewal date by providing 10 days’ advanced written notice, email being sufficient, of the new Renewal Fee. If Client does not cancel Services a set forth in Section III upon receipt of the altered Renewal Fee then the Client will be deemed to have accepted the modified Renewal Fee.
4. Fees Due in Full. The entire Program Fee for the Initial Term is due upon acceptance into Program, and the fee for any Renewal is due on the first day of the month for every Renewal thereafter. While YWP may enter into a payment plan for the Client to make periodic payments, Client is irrevocably liable for the full Program Fee, as amended or increased from time-to-time.
5. Cost of Groceries. The Initial Fee and the Renewal Fees do not include the cost of the food. YWP will develop a list of groceries based on the menus selected. Client is responsible for the cost of any groceries or other consumables (“Groceries”). YWP will not shop for the Groceries. Obtaining the Groceries remains the Client’s obligations.
C. Payment.
1. Non-refundable. Because the services and coaching are time-sensitive and we cannot regain our time spent together or in providing Services to you, all payments are non-refundable and the Initial Fee is due when upon Client’s execution of this Agreement and must be paid in full if YWP accepts the agreement. Additionally, all fees for each Renewal are due on the first day of the Renewal and must be paid in full.
2. Payment.
A. Payment in full is due upon entry into the Program. Client will not receive any services or meal plans or be allowed to participate on the meal preparation sessions until payment in full has been made.
B. Payment Authorization. This Agreement is not an installment contract. By signing this Agreement, Client authorizes YWP to charge Client’s credit or debit card, or cash Client’s check, as payment for the Program. If YWP accepts Client into the Program, Client will pay the Initial Fee and each Renewal fee in full for Client’s access to, and opportunity to participate in the Program. No refunds will be issued
C. Declined Payments. Should payment processing be unsuccessful on the first attempt, YWP will process the scheduled payment each day for the subsequent 3 days. Any payment declines not resolved within this 4-day time frame will incur a collection fee of $50.00.
D. Termination of Payment Plan and Suspension of Program Benefits for Nonpayment. If YWP is unable to process Client’s payment after 3 attempts or on 3 occasions then the YWP’s Services will be terminated and Client will be liable for the Initial Fee or Renewal fee, as the case may be, any collection or cancellation fees, and all legal fees and costs. These expenses will be due in full before Client may continue in the Program. Declined payments do not relieve the Client of Client’s obligation to pay the Program Fee in full. Failure to make a payment within 4 days of the date due will cause the Client’s loss of “good standing.” Only YWP members in good standing may participate in any Program benefits including the bonus offers or participate in any other YWP program or offering.
E. Program Rules. Client acknowledges that the Sessions will contain multiple participants. Client will behave professionally, courteously, and respectfully with YWP’s staff and clients. Client will take all necessary steps to ensure the Client’s environment is conducive to the group Session. If Client or Client’s environment is or becomes disruptive during a Session, YWP may, at its sole and absolute discretion, terminate Client’s participation in that Session. If YWP terminates Client’s participation in a Session, Client will recoup no payments to YWP, and will remain responsible for all remaining Fee Payments. Client is responsible for decisions made about Client’s health and lifestyle. While YWP will share opinions, offer resources, or make referrals, all implementation decisions are solely the Client’s and Client is fully responsible for those decisions.
V. CLIENT RESPONSIBILITIES. In addition to the responsibilities set forth in Sections 1-4, above, Client has the responsibilities set as forth in the Client Responsibilities Schedule, Exhibit 2, and the Terms and Conditions, Schedule 3. Client’s failure to perform these responsibilities will result in the Client being barred from participating in the Program until the fees are paid in full. YWP will not be obligated to hold additional Zoom sessions or prepare additional meal plans to make up any sessions or meal plans missed while the Client was not in good standing.