CLIENT SERVICE AGREEMENT
RESTORATIVE NUTRITION PACKAGE
This Client Agreement is entered into and effective on the date of your payment, between Restorative Health, LLC, a Colorado Limited Liability Corporation (“Company”), and you, the undersigned (“Client”). This Client Agreement outlines the relationship between Company and Client and defines how the parties will work together.
For good and valuable consideration, Client agrees to purchase the Restorative Nutrition Package, a content, video and coaching services package, (“Service Package”) from Company. In exchange, Company agrees to provide coaching services for Client, using appropriate techniques in accordance with Client’s needs and in alignment with Company’s role as a Certified Transformational Nutrition Coach, Certified Natural Chef and Certified Yoga Instructor, with details as outlined below.
SERVICE PACKAGE DETAILS
This Restorative Nutrition package is a program designed to support you in making dietary and lifestyle shifts.
This Service Package includes the following:
a. Restorative Healing Guidebook (electronic format and electronically delivered)
b. Video to further explain the Guidebook and goals (electronic format and electronically delivered)
c. 2, 50-min phone sessions, both to be used within 6 weeks of your surgery with Dr. Hunsicker
d. Limited email support for up to 10 weeks after date of purchase
The term of this Client Agreement shall be from date of purchase through no later than 10 weeks from your date of purchase and all sessions must be used by then. If there are any unused sessions remaining at the end of the term, they will be forfeited, without refund.
In consideration for the Service Package Services provided by Company to Client, Client agrees to pay Company a fee of $229 (“Fee”). Client agrees to make payment via Check, Visa, Mastercard, American Express, Discover Card, Quickbooks, PayPal, Venmo or best determined payment outlet - which has been paid in advance. Company’s obligation to provide services to Client are conditional upon Client making timely payment.
Client shall make payment in full prior to gaining any access to the Service Package.
A. One-on-One Coaching Sessions.
One-on-one coaching sessions take place by phone. Client will schedule sessions with Company by https://brandimackenzie.com/scheduling/ or at time of payment. Sessions will be initiated by Client at the session time.
If Client needs to reschedule or cancel a session, Client agrees to provide a minimum of 2 business days by contacting Company at 303-881-9642 and leaving voicemail (no text messages), emailing email@example.com, or via online scheduler. “No-shows” or sessions cancelled with less than the required notice will not be rescheduled and the session will be deducted from the Coaching Package.
B. Access to Company.
During the Service Package, Company will be accessible to Client by email and phone. This includes 2 phone sessions within 10 weeks from date of purchase. Company will respond as soon as possible, usually within 3 business days. and, if there is unexpected delay, Company will inform Client within a reasonable time period with an update on when Client can expect a full response.
V. CLIENT RESPONSIBILITIES
Client agrees to arrive to sessions on time, adhere to the payment terms of this Agreement, actively participate in the coaching process, apply 100% effort to get results, be honest with Company, communicate respectfully to Company, complete any assignments and homework given by Company, provide all information and documentation requested by Company.
Coaching is designed to support you in reaching your goals, but your success depends on many factors, including your own motivation, dedication, starting point, willingness to be open, honesty with yourself, unique health and genetic profile, life experience, etc, and you understand that these factors will impact your results. You also understand that coaching services offer guidance, direction and program materials but do not actually implement anything regarding your health for you. You are responsible for producing your results.
VI. COMPANY RESPONSIBILITIES
Company agrees to arrive on time to sessions, be prepared for all sessions, serve as a guide and mentor, perform in a professional manner, hold the space for transformation, carry out this Service Package in a professional manner, and offer the best support capable within my abilities.
This Client Agreement is a mutual non-disclosure agreement with both Company and Coach agreeing not to disclose or make use of any confidential information learned about or through the other party. This mutual non-disclosure agreement remains in effect, even upon the completion and termination of this Client Agreement. Any violation of this non-disclosure agreement may result in legal action against Client.
Throughout the Service Package, Client will share private and confidential information with Company, for Client’s personal benefit and Company agrees not to disclose such confidential information to any third parties. Client may authorize Company to disclose such information in writing.
A reserved exception to this is if Company is required by law to disclose information shared by Client, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Client, Company, a third party, or to respond to an emergency. In such event, Company will limit disclosure to essential information.
Throughout the Service Package, Company will share proprietary and confidential information with Client, for Client’s personal benefit, including, but not limited to, personal information, financial information, strategies, techniques, original work, and other unpublished information. Client agrees not to disclose such confidential information to any third parties.
Client and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.
VIII. INTELLECTUAL PROPERTY
Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Service Package, unless otherwise stated, including but not limited to, documents, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Client or specifically created for Client.
By purchasing the Service Package, Client is granted one limited, revocable, non-transferable license to view, read, download, print and use the materials and content for Client’s personal benefit only, as directed by Company. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.
Client agrees not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent. If a violation of this provision is discovered or suspected, Company may terminate Client’s access to the Coaching Package, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law.
Client may terminate this Service Agreement and discontinue the Coaching Package at any time, for any reason, by providing notice to Company in writing, subject to the refund policy in this Service Agreement, but no portion of payments already made will be refunded. If a payment plan has been elected, Client remains responsible for any outstanding payments, even though Client has terminated this Service Agreement.
Company may terminate this Service Agreement and discontinue the Service Package if Company determines, in its sole discretion with no requirement for explanation, that the relationship must terminate. In that event, Client will be entitled to a pro-rated refund for each of the remaining sessions.
X. REFUND POLICY
Company’s refund policy is as follows:
All purchases are non-refundable. Commitment to this Service Agreement begins with Client’s initial investment and includes future payments within payment plan. If Client declines sessions or terminates Service Agreement, full payment of $229 (or any remainder of this fee) shall be paid within 5 business days of Client termination. No future sessions will be honored if Client terminates Service Agreement.
Client understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy.
Client further understands that if Client cannot participate in the Service Package, all payments are still due under this Agreement. Any chargeback or threat of chargeback made by Client will result in immediate termination of Client’s access to the Coaching Package and an additional $1000 fee to Client.
XI. NO GUARANTEES, NO WARRANTIES
Client is participating in this Service Package voluntarily and understands that Company makes no guarantees regarding Client’s results with this Service Package. Client agrees that Coach is not responsible and Client does not have a cause of action, legal remedy or an entitlement to a refund if Client does not achieve the desired result, or if there are errors or omissions in the Coaching Package or any of its materials.
The Service Package is provided “as is,” and, except for the express warranties in this Client Agreement, is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement. Client’s participation is voluntary and agrees not to hold Coach responsible if Client becomes dissatisfied with the Service Package. The Service Package is intended for a general audience and is not in any way specific advice tailored to any individual.
XII. DISCLAIMER, FULL DISCLAIMER INCORPORATED BY REFERENCE
Nothing in the Service Package is intended to constitute or should be relied upon as medical advice. Client understands that Company does not diagnose, treat, heal, cure or prevent any illness, medical condition or mental or emotional condition and nothing in the Service Package is intended to diagnose, treat, heal, cure or prevent any illness, medical condition or mental condition. Nothing in the Service Package is intended to be a substitute for consultation, diagnosis, treatment or other professional medical advice from a healthcare professional, nor is it designed to provide Client with a medical diagnosis, treatment or other medical services. Company is providing services only in the capacity as a Certified Transformational Nutrition Coach, Certified Natural Chef and Certified Yoga Instructor to assist Client in making changes to Client’s lifestyle, not as a healthcare professional.
Nothing in the Service Package is intended to constitute or should be relied upon as mental health, medical, financial, business or legal advice. Client understands that Company is not a psychologist’s office, psychiatrist’s office, therapist’s office, mental health practitioner’s office, physician’s office, naturopath’s office, licensed dietitian’s office, other licensed or registered healthcare professional’s office, accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such. Nothing in the Service Package is intended to be a substitute for professional advice from a healthcare professional or licensed business professional. Company is providing services only in the capacity as a Certified Transformational Nutrition Coach, Certified Natural Chef and Certified Yoga Instructor, not as a licensed mental health, medical, financial or business professional. Coaching is in no way to be construed as psychological counseling, therapy or medical advice. Our Services are intended to provide you with tools to implement and use in your own life for self-help, to support you in making dietary and lifestyle shifts.
Client has read, understands and consents to be bound by Company’s full Disclaimer, located at https://brandimackenzie.com/disclaimer/, which is incorporated here.
XIII. ASSUMPTION OF RISK
Client understands that the Service Package may include participation in lifestyle strategies, diet, exercise and movement elements, which include inherent risks of harm, illness, injury and other negative results. Client confirms that prior to beginning this Service Package with Company, Client will be evaluated by a healthcare professional and will obtain medical clearance to participate in the Service Package. If Client chooses not to obtain such medical clearance, Client assumes all risks and agrees not to hold Company responsible for any harm, illness, injury or other negative results. Client also confirms that during this Service Package with Company, Client will always have the opportunity to consult with a licensed mental health professional or licensed business professional before acting on any Content of the Service Package. If Client chooses not to speak to a licensed mental health professional or licensed business professional, Client assumes all risks of use or non-use of Company’s Content and agrees not to hold Company responsible for any harm, injury or other negative result.
XIV. LIMITED LIABILITY, INDEMNIFICATION
Client agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from this Client Agreement or the Coaching Package, including any injuries sustained or medical ailments that result, and Company expressly excludes such liability to the fullest extent of the law. In no event shall Company’s liability exceed the fees paid under this Client Agreement.
Client agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to this Client Agreement or Service Package.
This Client Agreement shall be construed in accordance with, and governed by, the laws of the State of Colorado as applied to contracts that are executed and performed entirely in Colorado, regardless of Client’s location. The exclusive venue for any legal proceeding based on or arising out of this Client Agreement shall be Larimer County, Colorado.
XVI. DISPUTE RESOLUTION, LITIGATION EXPENSES
Should any dispute arise between Client and Company, it would be preferable to work it out amicably, but if that is not possible, then Client agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Larimer County, Colorado. Client agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgement of law. Client understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.
Client understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO CLIENT.
If any legal action is brought because of an alleged dispute regarding this Client Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.
XVII. ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT
Client and Coach agree that this Client Agreement constitutes the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals. Client understands that any expectation regarding the Service Package, which is not specifically included in this Client Agreement is not included in the Service Package.
Client agrees that no waiver of any of the provisions of this Service Agreement shall be deemed, or shall constitute, a waiver of any other provision of this Client Agreement, nor shall any waiver constitute a continuing waiver.
Client agrees that this Client Agreement is not to be altered, amended, extended or considered waived in any way, except in writing, with an additional Addendum, signed by both Client and Company, or by an authorized signatory for either party.
If any term of this Client Agreement is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.
This Client Agreement is not assignable, delegable, sub-licensable, or otherwise transferable.
All notices, requests, demands, and other communications regarding this Client Agreement shall be in writing, sent via the US mail, addressed as follows:
775 Deer Meadow Drive
Client and Company agree that electronic signatures are a valid form of signature for this Client Agreement.
Client has the opportunity to consult with an attorney and to have all questions answered by Company prior to completing this Client Agreement Form. By electronically signing name below, Client and Coach agree to all of the terms of this Client Agreement.