By clicking on the box when signing up for Coaching, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these Terms, do not purchase or use Coaching.
Elemental Health & Wellness
CLIENT LAB PURCHASE AGREEMENT
This Agreement (the "Agreement") is entered into by and betweenElemental Health & Wellness “Coach” and “Client”, “you” or “your”.
- Services
Coach agrees to provide Client with the following services (“Services”):
Coach and Client agree to purchase one functional lab test and engage in a one time meeting via phone and/or online using zoom or google meet after receiving test results.
This agreement does not include any protocol for supplements, nutrition or fitness.
If Client wishes to extend the coaching relationship, both Coach and Client must agree in writing (including by e-mail) to any additional services and payment terms. The terms of this Agreement will continue to apply unless superseded by another agreement in writing.
- The Coaching Relationship; Client and Coach Responsibilities
The coaching relationship is co-creative, meaning that the Coach and Client are equal partners in the coaching process. Coach agrees to serve as your wellness coach. Coaching is designed to help you change the way you think, which will affect your feelings, which will affect your actions, which will ultimately affect your results. Coaching is an alliance between the coach and the client. Coach and Client agree to engage in a one time meetings via phone and/or online after receiving test results. Coach cannot, and does not, guarantee particular results.
If Client wishes to extend the coaching relationship, both Coach and Client must agree in writing (including by e-mail) to any additional services and payment terms. The terms of this Agreement will continue to apply unless superseded by another agreement in writing.
Coach Responsibilities:
▪ Coach is trained to use communication skills and coaching tools to support you as an equal partner throughout the coaching process.
▪ Coach will go over the results of one functional lab test
Client Responsibilities:
▪ You agree to be patient and kind with yourself as you learn and apply new ideas and concepts.
▪ You understand that coaching works when you do the work and you agree to take ownership for your progress and accomplishments.
▪ You agree to show up for yourself not only during your coaching sessions, but also in between coaching sessions (this is where you apply what you learn).
▪ You agree that you are completely responsible for your well-being and your mental and physical health care – during, after, and between sessions.
▪ You agree that you are the expert in your own life and are fully responsible for any choices and decisions you make during your coaching journey.
▪ You agree not to hold Coach, or any company Coach is affiliated with, liable for any outcomes resulting directly or indirectly from the choices you make during the coaching process.
▪ You acknowledge that you are under the care of a physician and healthy enough to engage in Coaching.
▪ You agree that your relationship with the Coach, or anyone providing coaching Services on behalf of the company, is that of a coach-client relationship and that no other professional relationship (such as doctor-patient) has been established.
Although Ashley Perez is a Physician Assistant and other employees or contractors of the company Coach is affiliated with may be a Certified Nutritionist, Registered Nurse, your coaching relationship does not establish a doctor-patient or similar relationship of any kind between you, the company Coach is affiliated with, employees or contractors of the company Coach is affiliated with, or Ashley Perez, Lisa Trinkwald & Kathleen Spera.
Coach does not provide any medical, or psychological services or advice. Coaching does not prevent, cure, or treat any mental or medical condition. Coaching is not intended to be a substitute for professional advice that can be provided by your own medical professional. You are responsible for your own physical, medical, mental and emotional well-being, decisions, choices, actions, and results. You should consult with a professional, independent of the coaching relationship, if you have specific questions about your own unique situation. Coach and any company that Coach is affiliated with, disclaims any liability for your reliance on any opinions or advice received as part of the coaching relationship.
You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
Coach cannot and does not guarantee any particular results, or financial or business outcomes as a result of this coaching relationship.
- Fees and Payment Schedule
Client agrees to the following fees and payment schedule:
Total package price of $1000.00
▪ paid in full prior to the initial session.
Coach reserves the right to charge a late fee on all balances more than 15 days overdue at the maximum interest rate allowed by law. Client agrees to reimburse Coach for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Coach also reserves the right to terminate this Agreement, and the coaching relationship, should these fees not be paid.
If paying by debit card or credit card, you give Coach and any company that Coach is affiliated with permission to automatically charge your credit or debit card for all fees and charges due and payable to the Coach and Elemental H&W LLC, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Coach and any company that Coach is affiliated with is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
- Session Procedures
One session will be included in this contract and will take place by phone or zoom. Coach will initiate the call. Where needed, Zoom, or other video conferencing software, will be used. Where possible, sessions will take place at a set time and day, however, sessions can be adjusted as mutually agreeable.
A 24-hour cancellation notice is required for all scheduled sessions. Cancellation requests made less than 24 hours prior to your scheduled appointment will result in the forfeit of the coaching session that was reserved for you. If Coach must reschedule the appointment last minute due to an emergency, the missed appointment will be rescheduled.
E-mail support is not included in this agreement.
- Confidentiality
Coach agrees to keep all information about the Coach / Client relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if Client threatens to harm himself or herself, or others. Client acknowledges that Coach / Client communications are not covered by any doctor-patient privilege or other privilege.
If Client wishes for Coach to speak to a third-party relating to the coaching relationship, then Client needs to give Coach written permission (original signed letter or e-mail) to do so.
This confidentiality provision shall survive the termination of this Agreement.
- 6. Termination and Refunds
Either party may terminate this agreement by providing notice in writing (including by email). Coach requests Client provide at least 48 hours notice of termination prior to your next scheduled coaching session.
All fees for the sessions are non-refundable. In the event of Coach’s termination that is not the result of Client’s breach of this Agreement, Client will not owe any additional payments to Coach. In the event Client terminates this Agreement, and the termination is not the result of Coach’s breach of this Agreement, Client will remain obligated to pay any outstanding fees owed to Coach.
- Coaching Materials
Client acknowledges that Coach owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during our coaching relationship. Coach hereby grants Client permission to use these materials for Client’s own personal use only. Client agrees not to copy, share, sell, or distribute any of these materials to anyone else.
- Diversity, Equity and Inclusion; Client Conduct.
Coach is committed to social justice, including LGBTQ rights, women’s rights, and civil rights, and provides Services for individuals from a diverse array of races, ethnicities, national origins, sexual orientations, ages, religions, genders, educations, abilities, and other identities.
Coach does not tolerate or support discriminatory speech, hate speech, comments or actions against others based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels, or any physical, mental, or emotional abuse.
Coach reserves the right to terminate this Agreement and the coaching relationship, without refund, if Client, or Client’s employees, representatives, agents, founders, members, owners, managers, directors, or officers engages in, encourages, demonstrates, or communicates statements, language, or actions that support race, gender, ethnicity, or disability inequality, discrimination, hate speech, or disrespect towards any individuals on Coach’s team, or that are in under-represented or marginalized groups.
Client is strictly forbidden from harassing, fighting with, or being disrespectful to Coach’s other clients or potential clients.
If, in the Coach’s sole discretion, Client’s conduct violates this paragraph in any way, Client agrees that the Coach may immediately terminate this Agreement and the coaching relationship.
- Limitation of Liability, Release
Client agrees that Coach will not be liable to Client or any third party for any damages (including, but not limited to, lost data, lost profits, incidental or consequential damages), that arise from Coach’s performance of coaching (including, but not limited to, failure to perform in a timely manner). Client agrees that any personal injury to Client or third parties or any property damage incurred in the course of performance of the coaching shall be the sole responsibility of Client. Client agrees to indemnify Coach and its owners, officers, employees, and agents from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which may arise out of Coach’s performance of the coaching, except to the extent such are caused by the sole fault or negligence of Coach.
- Force Majeure
Coach shall not be deemed in breach of this Agreement if Coach is unable to complete or provide coaching or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness, or incapacity of Coach and any company that Coach is affiliated with or any local, state, federal, national, or international law, governmental order or regulation or any other event beyond Coach’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Coach shall give notice to Client of its inability to perform or of delay in completing or providing the coaching and shall propose revisions to the schedule for completion of the coaching or other accommodations, or may terminate this Agreement.
- General Provisions
In the event of any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, the parties shall first attempt to resolve the dispute through good-faith negotiation. If the parties are unable to resolve the dispute through negotiation within 60 days of written notice from one party to the other, either party may initiate legal proceedings.
This Agreement will be governed by the laws of New York. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to Patchogue, NY, and waives any defense of lack of personal jurisdiction or forum non conveniens. This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation shall be entitled to recover its attorneys’ fees and costs from the other party.
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.
By clicking on the box when signing up for Coaching, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these Terms, do not purchase or use Coaching.
Updated on 5/3/2024