2. Payment
The Client will pay the Investment pursuant to the following terms: ${cost}. All fees are required to be paid in advance and may be made by credit card using the online link Acuity Scheduler.
3. Refund Policy
The Coach will do everything within her ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. Refunds will not be issued for coaching services already conducted. If, for any reason, the Coach is unable to fulfill her obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered.
In the event of the Client’s withdrawal, there will be NO refunds. Coaching requires a commitment from the Client and should not be entered into lightly.
The Coach reserves the right to cancel the program & services if at any point she feels it is not advantageous for the coaching program & services to continue. If this happens, the Client will be refunded in full for any part of the Program paid for but not yet rendered.
This program expires if all sessions have not been completed {calculation}.
4. Client Commitments
The Client agrees to the following as part of the Program:
A. The Client shall participate fully in the Coaching Calls, and any other part of the program, to the best of his/her ability.
B. The Client shall immediately inform the Coach of any issues or difficulties he/she may have with the Program.
C. The Client shall complete payment of the Investment according to the Terms herein.
D. The Client affirms that they are fully responsible for the choices and decisions in their life, and are responsible for their own results.
E. As a client, I understand and agree that I am fully responsible for my well-being during my coaching sessions.
F. Client participation is entirely at their own risk. Health coaching services are provided "as is," without warranty of any kind, either express or implied.
5. Coach Commitments
The Coach agrees to the following as part of the Program:
A. The Coach shall participate fully and intently in the Coaching Calls, and any other part of the program, to the best of his/her ability.
B. The Coach will support the Client to the best of his/her abilities in accordance with Section I of this Agreement.
C. The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client. The Coach will not divulge that the Parties are in a coaching relationship without your express permission.
D. The Coach agrees to conduct the Coaching Calls/Sessions by phone or through video.
6. Disclaimer
The Client understands that the Coach is a FMCHC (Functional Medicine Certified Health Coach). The Coach is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with his/her physician before implementing changes or habits suggested by the Coach. The Client confirms that s/he has or will discuss any and all changes to his/her diet, exercise regimen, supplements, medications, or lifestyle with his/her physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to his/her lifestyle. The Client understands that the Coach is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist. Further, the Coach has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her life.
7. Cancellations & Rescheduling Appointments
As your Coach, I understand that my clients have busy schedules so each session will begin as scheduled and end at the appointed time. Please be on time as the Coach will only wait 10 minutes before cancelling the session. 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.
The Client can reschedule his/her appointment by using the Acuity Scheduler or emailing jkenney@chameleonwellness.com.
8. Limitation of Liability
Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
9. Indemnification
Client agrees to indemnify and hold harmless the Coach, Chameleon Wellness and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Chameleon Wellness or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach.
10. ARBITRATION
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Massachusetts. The arbitration hearing shall be held in the state of Massachusetts. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Coach.
11. Entire Agreement
This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.
12. Severability
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
13. Applicable Law
This Agreement shall be governed by the laws of the state of Massachusetts.
14. Confidentiality
Confidentiality is crucial to an effective and trusting coaching relationship. There are three situations, however, where it may be necessary for us to share certain information with others. By signing this agreement, you authorize the health coach to share information with others in the following circumstances: When there is clear indication that someone may be harmed, or if there is serious threat to your own health or safety or that of others, or if your coach has reasonable cause to suspect the potential for harm to children.
I HEREBY CERTIFY THAT I, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE.
As agreed to by: