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These Terms and Conditions (“Agreement”) are entered into and made effective as of the date of payment (the “Effective Date”) by and between Radiant Health and Wellness, PLLC, a Massachusetts professional limited liability company providing physical therapy and health coaching services (the “Coach”), and the individual receiving the consultation services and/or their parent or legal guardian if the individual is a minor (collectively referred to as the “Client”). By submitting payment, the Client (and, where applicable, the Client’s parent or legal guardian) expressly agrees to be bound by the terms of this Agreement.
1.0 Term and Termination: This Agreement takes effect immediately as of the Effective Date, and it remains in full force and effect until all coaching sessions have been used or until the Parties agree to complete the services.
2.0 Services: During the Term, the Coach will provide physical therapy, nutrition, gut health, mindfulness, and general health coaching services, (the "Services") via webcam/Zoom will be scheduled on the online scheduling page as jointly scheduled between the Parties. The Services will address pain, strength, flexibility, movement, diet, gut health, mindfulness, and general health and includes directed questions from Coach and honest responses and participation from Client. Coach may also be available for additional time, per Client’s request on a prorated basis rate of [$500/hr] (for additional sessions, reviewing documents, pictures, creating a specific nutrition plan and engaging in other Client related services outside of coaching hours). Coach will have client schedule all calls at the link provided in the welcome e-mail.
3.0 Payment Details: The Client shall pay Coach the advertised rate for the Initial Consultation. This includes one 90-minute online one on one session plus Email Troubleshooting for the 5 days after each Consultation takes place (24-48 hour response time). After the Initial Consultation, the Client can continue, cancel, or switch to a different package by notifying the Coach.
3.1. REFUND POLICY. All payments received are nonrefundable.
4.0 Client Obligations: The Coach’s ability to perform their obligations under this Agreement is dependent on the Client fulfilling his or her obligations.
4.1. Scheduling: If client needs to cancel an appointment, please provide 24 hours’ notice or you will be charged for the appointment. Each client receives one free reschedule if the session is rescheduled before the 12 hour window before the session.
4.2. Participation & Scope: Client understands this program is educational and not a substitute for licensed medical or psychological care. The Coach does not diagnose or treat medical or mental health conditions. If Client is under the care of a mental health professional, they are encouraged to disclose their participation in this program and to their medical provider.
Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Client understands that successful coaching requires a cooperative and jointly-active approach between Client and Coach. In the coaching relationship, the Coach assists or facilitates awareness and accountability regarding the Client’s changes, but it is the Client's responsibility to enact change.
4.3. Prior History. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
4.4. Communication. If the Client believes the coaching is not working as desired, the Client will communicate this with the coach as soon as possible and the coaching strategy will be restructured to address the Client’s desired outcome of coaching. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including nutrition, work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility.
4.5. COMMUNITY GUIDELINES: To ensure a positive and respectful environment in our Radiant Health and Wellness community, all participants are expected to adhere to the following guidelines: Respectful Communication: We encourage open and honest discussions but require that all communication is respectful. Harassment, bullying, or inappropriate behavior of any kind will not be tolerated. Constructive Feedback: If providing feedback or suggestions to other participants, please do so in a constructive and supportive manner. Confidentiality: As a reminder, information shared by other participants during group sessions is confidential. Breaching another participant's privacy is prohibited and may result in removal from the community without a refund. Promotion-Free Zone: This community is built on collaboration, not self-promotion. Solicitation or promotion of personal services, products, or businesses is not permitted unless expressly allowed within a designated area of the community. No Medical Advice: While the community shares insights about health and wellness, it is not a place for specific medical advice. Participants should refrain from providing medical diagnoses or recommendations. Please consult with your healthcare provider for individual concerns. Any violation of these guidelines may result in immediate removal from the community without a refund at the sole discretion of Radiant Health and Wellness.
4.6. TECHNICAL SUPPORT: The Coach strives to provide a seamless experience for all participants. However, we recognize that technical issues may arise. If you experience difficulties accessing the course or your account, please follow these steps: Troubleshooting: Check your internet connection and ensure you are using the most updated version of your browser. Clearing your cache and cookies may also resolve common issues. Contact Support: If the issue persists, please contact Beata@HolisticDrBeata.com. Our team will respond within 24–48 hours during business days (Monday–Friday). Please note that the Coach is not responsible for individual internet or device issues that may impact your ability to access the course. 4.7. EMAIL COMMUNICATION CONSENT: By enrolling in the Radiant Health and Wellness program, you consent to receive email communications from us, including but not limited to: Updates about the course and community Invitations to events, workshops, and additional learning opportunities Resources, tips, and wellness-related content to support your journey Important notices about changes to the course or terms and conditions You can unsubscribe from these emails at any time by clicking the 'unsubscribe' link in any email, though doing so may limit your access to important course updates and information.
5.0. DISCLAIMER: The services provided by the Coach, including The Consultation are educational and informational in nature. These services are not intended to diagnose, treat, cure, or prevent any medical condition and should not be considered a substitute for professional medical advice, diagnosis, or treatment. The Coach provides general education, not medical treatment or advice. Participation is voluntary. Client assumes full responsibility for their actions and decisions. The Client is encouraged to seek the advice of a licensed healthcare provider for any health-related concerns. In accordance with Massachusetts state law, the Coach disclaims any liability for outcomes arising from the Client’s participation in the course. The Client acknowledges that they are participating in the course voluntarily and assume full responsibility for any decisions or actions taken as a result of the guidance provided. To the fullest extent permitted by Massachusetts law, the Coach’s liability to the Client, whether in contract, tort, or otherwise, is limited to the amount paid by the Client for the services rendered. The Coach shall not be liable for any indirect, consequential, or special damages, even if advised of the possibility of such damages. The Client needs to have their own Primary Care provider or access to an Urgent Care Clinic/ Emergency Room for medical matters. Client understands that a relationship does not exist between the parties after the conclusion of payments for ongoing support. If the Parties continue their relationship, a separate agreement will be entered into.
5.1. AFFILIATE DISCLOSURE: Radiant Health and Wellness is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com, as well as other affiliate programs. This means that some links in our content may be affiliate links, and if you purchase products through these links, we may earn a small commission at no extra cost to you. Any products or services we recommend are carefully curated and align with our holistic health principles. Your support through these affiliate links allows us to continue providing valuable content to our community. Thank you!
6.0 LIABILITY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COACH MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED WITH RESPECT TO THE COACHING SERVICES NEGOTIATED, AGREED UPON AND RENDERED. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT THE CLIENT MAY INCUR, THE COACH’S ENTIRE LIABILITY UNDER THIS AGREEMENT, AND THE CLIENT’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CLIENT TO THE COACH UNDER THIS AGREEMENT FOR ALL COACHING SERVICES RENDERED THROUGH AND INCLUDING THE TERMINATION DATE.
7.0. INDEMNIFICATION: CLIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS COACH, COACH’S OFFICERS, EMPLOYERS, EMPLOYEES, CONTRACTORS, DIRECTORS, RELATED ENTITIES, TRUSTEES, AFFILIATES, AND SUCCESSORS FROM AND AGAINST ANY AND ALL LIABILITIES AND EXPENSE WHATSOEVER – INCLUDING WITHOUT LIMITATION, CLAIMS, DAMAGES, JUDGMENTS, AWARDS, SETTLEMENTS, INVESTIGATIONS, COSTS, ATTORNEYS FEES, AND DISBURSEMENTS – WHICH ANY OF THEM MAY INCUR OR BECOME OBLIGATED TO PAY ARISING OUT OF OR RESULTING FROM THE OFFERING FOR SALE, THE SALE, AND/OR USE OF THE PRODUCT(S), EXCLUDING, HOWEVER, ANY SUCH EXPENSES AND LIABILITIES WHICH MAY RESULT FROM A BREACH OF THIS AGREEMENT OR SOLE NEGLIGENCE OR WILLFUL MISCONDUCT BY COACH, OR ANY OF ITS SHAREHOLDERS, TRUSTEES, AFFILIATES OR SUCCESSORS. CLIENT SHALL DEFEND COACH IN ANY LEGAL ACTIONS, REGULATORY ACTIONS, OR THE LIKE ARISING FROM OR RELATED TO THIS AGREEMENT. CLIENT RECOGNIZES AND AGREES THAT ALL OF THE COACH’S SHAREHOLDERS, TRUSTEES, AFFILIATES AND SUCCESSORS SHALL NOT BE HELD PERSONALLY RESPONSIBLE OR LIABLE FOR ANY ACTIONS OR REPRESENTATIONS OF THE COACH. IN CONSIDERATION OF AND AS PART OF MY PAYMENT FOR THE RIGHT TO PARTICIPATE IN COACH’S SERVICES OR PROGRAMS, THE UNDERSIGNED, MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS DO HEREBY RELEASE, WAIVE, ACQUIT, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS AND FOREVER DISCHARGE COACH AND ITS SUBSIDIARIES, PRINCIPALS, DIRECTORS, EMPLOYEES, AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS AND ANY OF THE TRAINING INSTRUCTORS, GUIDES, STAFF OR STUDENTS TAKING PART IN THE TRAINING IN ANY WAY AS WELL AS THE VENUE WHERE THE PROGRAMS ARE BEING HELD (IF APPLICABLE) AND ANY OF ITS OWNERS, EXECUTIVES, AGENTS, OR STAFF (HEREINAFTER “RELEASES”) OF AND FROM ALL ACTIONS, CAUSES OF ACTION, CONTRACTS, CLAIMS, SUITS, COSTS, DEMANDS AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN A EQUITY ARISING FROM MY PARTICIPATION IN THE SERVICES OR PROGRAMS.
8.0. Confidential Information: This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the International Coaching Federation (ICF) Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client agrees to maintain strict confidentiality regarding any information shared by other participants in the community. The Client shall not disclose, share, or distribute any personal, medical, or sensitive information of other participants outside of the private community. Any breach of this confidentiality obligation may result in the immediate termination of the Client’s participation in the course without a refund. The Coach shall not be held liable for any breaches of confidentiality by other participants. The Client acknowledges the importance of addressing any confidentiality concerns promptly with the Coach and agrees to raise any such questions or concerns in a timely manner.
9.0. No Transfer of Intellectual Property: Any content or materials provided by the Coach, including but not limited to written documents, videos, audios, presentations, worksheets, and any other materials (collectively referred to as "Intellectual Property"), are copyrighted and are provided to the Client under a single-user license for personal use only. The Client is not authorized to use any of the Coach’s Intellectual Property for business purposes or in any manner beyond the scope of personal use. All Intellectual Property, including the Coach’s copyrighted course and/or course materials, shall remain the sole property of the Coach. No license to sell, reproduce, distribute, modify, create derivative works from, or publicly display the Coach’s materials is granted or implied by this agreement. By purchasing this product, the Client agrees to: - Not infringe any copyright, patent, trademark, trade secret, or other intellectual property rights. - Recognize that any Confidential Information shared by the Coach is confidential, proprietary, and belongs solely and exclusively to the Coach. - Not disclose such Confidential Information to any other person or use it in any manner other than in discussion with the Coach. Furthermore, if the Client violates or displays any likelihood of violating these terms, the Coach shall be entitled to seek injunctive relief to prohibit such violations and to protect against any harm resulting from them.
10.0 Termination: Either the Client or the Coach may terminate this Agreement at any time with 5 days notice. All payments received prior to termination are nonrefundable.
11.0. Entire Agreement: This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
12.0. Dispute Resolution: If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice of the dispute is given. The mediation shall be conducted by a mediator mutually agreed upon by both parties. If the parties cannot agree on a mediator, one will be appointed by the court. If the dispute is not resolved through mediation within the 30-day period, either party may initiate legal proceedings. Any legal action arising out of or relating to this Agreement shall be brought in the courts of Massachusetts, where the Coach’s principal place of business is located. The parties agree that these courts shall have exclusive jurisdiction and venue for resolving any disputes related to this Agreement.
13.0. Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect. The parties agree that the remaining provisions shall be interpreted in a manner that gives effect to the original intent of the parties as closely as possible, despite any invalidity or unenforceability of any specific provision.
14.0. Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
15.0. Applicable Law:This Agreement shall be governed and construed in accordance with the laws of the State of Massachusetts, without giving effect to any conflicts of laws provisions.
16.0. Binding Effect: This Agreement shall be binding upon the parties hereto and their respective successors, permissible assigns, heirs, executors, and administrators.
17.0. Headings: The headings used in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of any provisions.
I have voluntarily chosen to participate in The VIP Support Package, which may include but is not limited to the following services: physical therapy, personal training, wellness, nutrition, gut health counseling, and mindfulness practices. I acknowledge and assume all risks of injury arising from my participation in this course and any related services provided by Radiant Health and Wellness, PLLC and its employees, contractors, and service providers.
1. Description of Services and Risks: I understand that the treatment may include but is not limited to therapeutic exercises, neuromuscular re-education, therapeutic activities, nutrition counseling, health coaching, and other modalities. While these treatments are generally safe, I acknowledge that there are inherent risks, which may include, but are not limited to: muscle soreness, stiffness, numbness, tingling, fractures, heart issues, and other potential injuries or conditions, including the risk of death. I accept personal responsibility for any risk of injury or damage that I may incur during my participation.
2. Possible Benefits: The potential benefits of this course include decreased pain, improved fitness, muscle strength, posture, movement, alignment, digestion, and overall wellness. I understand that these outcomes cannot be guaranteed.
3. Participant's Rights: I acknowledge that I have the right to accept or refuse any treatment offered, and I may withdraw from the course at any time.
4. Medical Clearance: I understand that I should consult with a licensed physician before beginning any healthcare program. I confirm that I am voluntarily participating and that I assume full responsibility for my health.
5. Payment and Participation: I understand that my participation in The VIP Support Package is contingent upon submitting the required payment. I acknowledge that my participation in this course does not guarantee any particular outcome.
6. Liability Release: I hereby release, discharge, and hold harmless Radiant Health and Wellness, PLLC, its employees, contractors, and associated service providers from any and all claims, damages, and liability arising from my participation in this course. I understand that Radiant Health and Wellness, PLLC has not made any guarantees about the safety or quality of the facilities or equipment used. By submitting payment, I acknowledge that I have read and understand this Informed Consent, Waiver & Release of Liability and agree to its terms.
We may disclose your health care information to your insurance provider or to other healthcare professionals for the purpose of treatment, payment or healthcare operations. We may disclose your health information to notify or assist in notifying a family member, or another person responsible for your care about your medical condition or in the event of an emergency or of your death. We may disclose your health information for military, national security, prisoner and government benefits purposes. We may leave a message on an automated answering device or through text for purposes of scheduling appointments. You have the following rights: to request restrictions on certain uses and disclosures of your health information although we are not required to oblige; to have your health information received or communicated in a format other than the usual method; have the right to inspect and copy your health information; have the right to amend your health information, however, we are not required to agree to amend; and have the right to receive an accounting of who we've shared your health information with. We are required by law to maintain the privacy of your health information. Complaints about your privacy rights should be directed to Dr. Beata Harasim (860-266-7745). Formal complaints can be submitted to DHHS, Office of Civil Rights. I authorize and consent to use and disclose my health information in the manner as stated above.
Please e-mail any questions to Dr. Beata at Beata@HolisticDrBeata.com