I. SCOPE OF WORK
DESCRIPTION OF PROGRAM
Lifestyle Innovations is a coaching and consulting organization established to help you meet your wellness goals. The Coach will guide and mentor clients while setting goals together to improve their physical, mental, or spiritual wellbeing.
A.The program is 6 weeks with one group coaching session bi-weekly. Each session will last one hour. If additional sessions are required an additional contract for payment and parameters may be written.
B. Consulting costs and parameters are defined and signed on a separate contract.
2. COACHING PROGRAM FEES AND SCHEDULING
A. Payments and Refunds. You understand that the cost of the Coaching Program is $490. Payment for the complete program is due prior to your Coaching Program start date and may be paid online. In the event of your absence or withdrawal, for any reason whatsoever, you will receive a full refund less (i) a 25% administrative fee and (ii) the cost of services rendered. The Coach reserves the right to cancel the Coaching Program at any point if the Coach feels it is no longer advantageous for the coaching to continue. Should this occur, you will receive a full refund of your Coaching Program fee less (i) a 25% administrative fee and (ii) the cost of services rendered.
B. Scheduling. If you need to cancel a private session or consultation, you must do so at least 48 hours in advance of the appointment by phone or email. If you properly cancel within the required 48-hour period, you will receive a full refund.
3. PERSONAL RESPONSIBILITY
In an effort to help you reach your goals of overall health improvement, the Coach asks that you make every effort to sincerely commit to the Coaching Program, potential lifestyle changes, and maintaining a positive attitude to the best extent possible. Although not required, this commitment will aid in your overall success in the Coaching Program.
Each client is unique and it may be necessary to adjust the Coaching Program at times to meet your specific needs. It is important that you do your part and communicate honestly with the Coach so the Coach may continue to provide applicable guidance. You will do your best to complete weekly action items or assignments before the following visit.
You acknowledge that you take full responsibility for your life and well-being, as well as the lives and well-being of your family and children (where applicable), and all decisions made by you during and after this Coaching Program.
II. INFORMED CONSENT
You understand that the role of the Coach is not to prescribe or assess micronutrient or macronutrient levels; provide health care, medical services, or nutrition therapy services; or to diagnose, treat, or cure any disease, condition, or other physical or mental ailment of the human body. Instead, the Coach is a mentor and guide who helps clients set goals to improve their physical, mental, or spiritual wellbeing. You understand that unless specifically specified herein, or in another coaching agreement the Coach is not acting in the capacity of a doctor, licensed dietician or nutritionist, psychologist, or other licensed or registered professional, and that any advice given by the Coach is not meant to take the place of advice by these professionals. You have chosen to work with the Coach and understand that unless specifically licensed to do so by the proper licensing board/authority, Coach is not licensed or trained to provide medical diagnoses. No information received from the Coach should be construed as medical opinion or recommendation.
If you are under the care of a healthcare professional or currently use any prescription medication(s), you should discuss any new health regimen, dietary change, and/or the potential use of dietary supplements with your doctor, and you should not discontinue any prescription medications without first consulting your doctor. If you suffer from any medical or psychological conditions, you should consult with and receive approval from your healthcare provider before working with the Coach. The Coach is not intended to be a substitute for your family physician or other appropriate healthcare provider.
The Coach will keep your personal information private and confidential. The Coach shall not share your personal information with any third party unless required to do so by law.
You understand and acknowledge that, during the course of the Coaching Program, you will have access to and learn about confidential and proprietary information, documents, and other materials of and relating to the Coaching Program and its clients (“Confidential Information”). You further understand and acknowledge that this Confidential Information and the Coach’s ability to reserve it for the exclusive knowledge and use in connection with the Coaching Program is of great commercial value to the Coach.
Accordingly, you agree: (i) to treat all Confidential Information as strictly confidential; (ii) not to directly or indirectly disclose, publish, communicate, or make available Confidential Information, or allow it to be disclosed, published, communicated, or made available, in whole or in part, to any third party not having a need to know and the authority to know and use the Confidential Information in connection with the Coaching Program; and (iii) not to access or use any Confidential Information, and not to copy any documents, records, files, media (including Facebook transcripts), or other resources containing any Confidential Information, or remove any such documents, records, files, media, or other resources from the control of the Coaching Program.
3. AUTOIMMUNE WELLNESS, LLC’S CONTROL OF COACHING SERVICES
You acknowledge that the Coach is entirely responsible for any coaching services you receive from the Coach, and further acknowledge and release Autoimmune Wellness, LLC from any damages that may arise from your participation in the Coaching Program administered by Coach. Further, you acknowledge and agree that you have not received any coaching services, advice or recommendations directly from Autoimmune Wellness, LLC, nor are you a client of Autoimmune Wellness, LLC. Autoimmune Wellness, LLC does not monitor any coaching provided to you by the Coach, nor does it receive any compensation as a result of the services provided by the Coach. All prices are set by the Coach, and Autoimmune Wellness, LLC has no direct relationship, affiliation, or partnership with the Coach, other than as set forth herein.
4. PRIVACY NOTICE
You acknowledge and accept that working with the Coach and any related documents, communications, books, or materials (collectively, the “Related Materials”) is an activity that may be conducted, at least in part, online. As such, you acknowledge and agree to accept correspondence and communication through various websites and email addresses from the Coach. The Coach does not represent or guarantee that any of the Coach’s communications/materials will be free from loss, corruption, attacks, viruses, interference, hacking, or other security intrusion, and the Coach disclaims any and all liability relating thereto. You shall be responsible for backing up your own system
The Coach maintains their own liability and business insurance. You understand that it is your responsibility to verify Coach’s any licensure, insurance, or business information prior to beginning any coaching relationship, if desired. All costs in connection with the Coaching Program are your responsibility.
6. LIMITATION OF LIABILITY
You expressly assume the risks of the Coaching Program, including, without limitation, the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Coach’s entire liability and your exclusive remedy with respect to any dispute with the Coach is to discontinue your use of the Coaching Program and Related Materials. You release the Coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, which you ever had, now have, or will have in the future against the Coach arising from your past or future participation in the Coaching Program, unless arising from the gross negligence of the Coach. Further, you agree to release and hold harmless Autoimmune Wellness, LLC, and any of its subsidiaries and related entities, and each of their respective officers, affiliates, directors, agents, and employees, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, which you ever had, now have, or will have in the future arising from your past or future participation in the Coaching Program. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Coach’s liability shall be limited to the extent permitted by law.
7. ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
You and the Coach agree to submit all claims, controversies, causes of action, differences, or demands relating to or arising out of this Agreement to binding arbitration before the American Arbitration Association in accordance with its commercial arbitration rules then in effect. Such arbitration shall be conducted by a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The cost of the arbitration is to be borne by the parties to the arbitration as the arbitrator directs. The prevailing party in the arbitration shall be entitled to an award of his/her/its reasonable attorney’s fees and costs.
In the event an award is granted in arbitration, the sole remedy that can be awarded is the refund of the Coaching Program fee. No award of consequential or other damages may be granted to you, unless otherwise set forth herein.
This Agreement shall be governed by the laws of the state of South Carolina, without regard to conflict of law principles.
In the event any provision of this Agreement is deemed invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Any party’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Headings used in this Agreement are for convenience of reference only and shall not be construed as part of this Agreement nor shall they limit or define the meaning of any provision of this Agreement. A party’s rights under this Agreement shall survive any termination of this Agreement. To the extent anything in or associated with any prior executed agreement is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. If the terms of this Agreement are acceptable, please provide an electronic signature on the following page. By doing so, you acknowledge that: (1) you have received a copy of this Agreement; (2) you have had an opportunity to discuss the contents of the Agreement with the Coach and, if desired, to have it reviewed by an attorney; and (3) you understand, accept, and agree to abide by the terms of this Agreement.