1. Termination by Client – Client has a 1-week meal trial period, beginning on the first day of their program. If for any reason client is not satisfied with the Success Meals KC program or meals, he or she may end services with us without penalty and a prorated balance of any prepaid monies will be refunded to them. After the 1-week trial period client is no longer eligible for a refund and therefore can either, (a) continue their program completing the remaining weeks of their Success Meals KC program. (b) Place their program “on hold” and resume their program i.e. use remaining weeks, at a later date. (c) Gift their remaining weeks to a friend or family member. Note: The following terms must be met before the transferring of any program/weeks from one individual to another. 1. Recipient of the gifted weeks must reside within the Kansas City metropolitan area. 2. Recipient of the gifted weeks must be pre-approved by an authorized Success Meals KC agent.
2. Delivery – Each group of 5-meals will be delivered in an insulated tote cooler to the address specified by Client in this sign up “Client Information Form” by 6:00 a.m., Monday through Friday. Once Success Meals KC has accomplished delivery to the specified address, the tote cooler containing its group of 5-meals shall be deemed to be in the possession of Client, and Client assumes responsibility for the proper storage, reheating, and any other further preparation of the meals.
3. Returning of Tote Cooler(s) Nightly – Each morning (Monday – Friday) client receives “5” freshly prepared and nutrient-specific meals delivered to his/her doorstep by 6am. Meals are delivered in an insulated tote cooler with one or two frozen ice packs -depending on the time of year. At the end of each weekday client is to leave the empty cooler and ice packs outside his/her front door for the Success Meals delivery driver to pick up when dropping off the following mornings meals. It is essential that coolers and ice packs are returned nightly so that they can be cleaned and sanitized and placed back into inventory within 48 hours. Our ability to meet our daily responsibilities of providing clients with freshly prepared meals by 6am each morning is dependent upon our ability to maintain our supply of tote coolers and ice packs. Success Meals understands that clients may forget to leave out empty coolers and ice packs from time-to-time and therefore provides client with a 1-day grace period. If client goes two or more days without returning his/her empty cooler and ice packs, thus accumulating two or more Success Meals tote coolers and two or more blue ice packs, client then authorizes Success Meals KC to charge them the sum of $15.00 per unreturned cooler/ice packs, without further prior notice to client.
4. Returning of Tote Cooler(s) at End of Program – At the conclusion of program client is to return their remaining insulated tote cooler or coolers by leaving them outside their front door, or designated area, prior to going to bed, on their last day of Success Meals KC meal delivery. A Success Meals KC delivery driver will then stop by and pick up the cooler(s) while doing the following morning’s meal deliveries. Success Meals KC may charge client the sum of $15.00 for any unreturned coolers, without further prior notice to Client.
5. “Holding” Service – Client may place his or her delivery of 5-meal groups “on hold” at any time throughout his/her program due to travel or personal reasons; the “Hold/No delivery” days will then be added onto the backend of the term in which the client has purchased -pursuant that the first hold day does not fall within 48-hours from the time of notification. Success Meals KC requires a minimum 48-hour notice, prior to the first hold/no delivery day, if the client is to receive credit for the no delivery day or days.
6. Warranties – THIS WARRANTY CONSTITUTES SUCCESS MEALS KC ENTIRE WARRANTY AND IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS. Success Meals KC warrants and represents that, at the time of delivery to Client, Success Meals KC will conform to the specifications agreed upon between Success Meals KC and Client, and that Success Meals KC meals will be prepared in a manner consistent with prevailing industry standards. Except as otherwise provided herein, meal quality and quantity shall be in accordance with Success Meals KC specifications. Final determination of the suitability of Success Meals KC quality and quantity is the sole responsibility of Client, and Success Meals KC shall have no responsibility in connection with such suitability.
7. Remedy Limitation – Client’s exclusive remedy and Success Meals KC liability, whether in contract, under any warranty, in tort (including negligence), in strict liability or otherwise, shall be replacement of the particular Success Meals KC meal or meals. Such meals will be returned and replaced by Success Meals KC within a reasonable time. Success Meals KC acceptance of any Success Meals KC meals so returned shall not be deemed an admission that the Success Meals KC meals are nonconforming. If any of the Success Meals KC meals are found to be nonconforming, Client expressly waives his or her right to direct, consequential or incidental damages, and agrees to limit himself or herself to the remedy specified in this paragraph.
8. Release of Liability – Client hereby acknowledges that he or she has been informed of the need for physician’s approval for their participation in the Success Meals KC program. Client acknowledges and understands that no one under a doctor’s care should attempt a drastic change in diet without consulting his or her physician. Client acknowledges that he or she has a responsibility to inform Success Meals KC of any preexisting conditions or disease or any food or substance allergy/allergies, which Client may have, or of any allergic reaction which Client may have at any time during the period of the Success Meals KC program. Success Meals KC shall have no liability for aggravation of any preexisting condition or disease of Client, or any allergic reaction which Client may have at any time during the period of participation in the Success Meals KC program.
9. Assignment and Delegation – This Agreement is not assignable without Success Meals KC express written consent.
10. Termination by Success Meals KC, Upon Sale or Disposal of Business – Notwithstanding anything to the contrary, Success Meals KC may terminate this Agreement by giving 10 days’ written notice to Client if any of the following events occur: (a) Success Meals KC sells substantially all of the assets of its business; or (b) Success Meals KC elects to terminate its business or liquidate its assets. In either case, Client will receive a refund of the cost of Success Meals KC not yet delivered to Client.
11. Notices – Any notice required or desired to be given under this Agreement shall be deemed given if in writing, sent by certified mail to Client’s business address or to Success Meals KC business address, each address being noted in this Agreement.
12. Waiver of Breach – Success Meals KC waiver of a breach of any provision of this Agreement by Client shall not operate or be construed as a waiver of any subsequent breach by Client. No waiver shall be valid unless in writing and signed by a representative of Success Meals KC.
13. Headings – Heading in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
14. Counterparts – This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.