Welcome! During the coming three months, you will learn ways to help yourself achieve a healthier diet and lifestyle. Please read the following. If anything is unclear, please ask.
This Agreement is made today between Lyndsey Budesa [the Coach of the Program] and clients name as specified below, [the Client]. The Program in which you are about to enroll in will include all of the following:
- Two 60-minute appointments each month for three months for a total of 6 sessions
- Each session will include developing an action plan, setting goals, a discussion of your progress, recommendations, and a full set of notes.
- Unlimited email support in between sessions. With 24 business hour response time.
- A variety of handouts, recipes, and other materials as deemed necessary by the Coach.
As your Coach, I understand that you have a busy schedule and I take pride in not keeping you waiting or keeping you longer than planned. Each session will end 60 minutes after it was scheduled to begin. Please be on time. If the Client needs to cancel or reschedule the appointment, the Client must do so 24 hours in advance; otherwise, the Client will forfeit that appointment and will not have an opportunity to reschedule it. One extra session (“snow day”) will be scheduled, in the event a make up session is needed due to a cancellation/rescheduling request. Only 1 session may be cancelled/rescheduled, beyond that if an appointment is canceled it will be forfeited. The “snow day” session will not be utilized unless the Client misses a regularly scheduled session.
All appointments will be scheduled prior to the first session including the one “snow day” session. This program expires if all 6 sessions have not been completed within two months after the 6th scheduled session.
PAYMENTS AND REFUNDS
The Client understands that the regular cost of the Program is $695 for the three month program.
Option 1: The Client has the option to pay in full upon signing up at a discounted rate. Payments made in full reduces that cost to $625 for a total savings of $70.
Option 2: The Client has the option to make 2 installment payments. Payments made in 2 installments are at full price ($695). The first payment of $347.50is due upon signing up, the second payment of $347.50 will be billed automatically 6 weeks from the sign up date. Payments must be made by credit card.
In the event of the Client’s absence or withdrawal from the program, for any reason whatsoever, the Client will remain responsible for the pro rata share of the program that has been delivered, plus a cancelation fee of $150. The Coach reserves the right to cancel the program if at any point she feels it is not advantageous for the coaching program to continue. If this happens, the Client is only responsible for the pro rata share of coaching services received.
The Client understands that the role of the Health Coach is not to prescribe or assess micro- and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Coach is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that the Coach is not acting in the capacity of a doctor, licensed dietician-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. If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. The Client has chosen to work with the Coach and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS
The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this program. The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases 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 the Client ever had, now has or will have in the future against the Coach, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Coach.
The Coach will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law.
ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
In the event that there ever arises a dispute between Coach and Client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client.
This agreement shall be construed according to the laws of the State of New Jersey. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.
If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, the Client acknowledges that: (1) he/she has received a copy of this letter agreement; (2) he/she has had an opportunity to discuss the contents with the Coach and, if desired, to have it reviewed by an attorney; and (3) the client understands, accepts and agrees to abide by the terms hereof.