These Terms and Conditions are entered into as of the date of payment (the “Effective Date”) between Radiant Health and Wellness, PLLC, (the “COACH”), a LLC business located in Massachusetts performing physical therapy and health coaching services and the individual for whom the consultation is purchased, (the “Client”) (collectively, the “Parties”).
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 nutrition, gut health, detoxification, mindfulness, and general health coaching services, (the "Services") via webcam/Zoom sessions on June 12th, 2024, June 26th, 2024, and July 10th, 2024. The Services will address diet, gut health, detoxification, 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] (for Consultations, additional sessions, reviewing documents, pictures, creating a specific nutrition plan and engaging in other Client related services outside of coaching hours). Coach will send the Zoom link for sessions by e-mail.
3.0 Payment Details: The Client shall pay Coach the advertised rate for The Holistic Detox Mini-Retreat and 1-Month Live Program. This includes:
- The Holistic Detox Mini-Retreat: Start Date: June 12th, 2024 from 12-2 PM ET with 3 transformative sessions of detoxification on a mind, body, and soul level for our highest health and wellness potential. Powerful replay available until August 12, 2024, even if you start after June 12th!
- 1-Month Live Program: The mini-retreat includes a month-long live program with step-by-step guidance and accountability, expert protocols, and two additional live community coaching sessions with Q&A and troubleshooting. Bonus resources and protocols for fasting, grounding, detoxification pathway support, colon detoxification, and more!
- Bonus Live Coaching Sessions Additional Live Sessions: June 26th, 2024 12-2 PM ET and July 10th, 2024 12-2 PM ET. All live sessions will be recorded and replays will be available until August 12, 2024.
- One-On-One Guidance Call and Intuitive Reading: Experience a One-on-One Guidance Call with Dr. Beata for a personal safe space to share what came up for you during the Mini-Retreat and Program, and receive an Intuitive Reading to discover which detoxification pathways or organs need support for your specific situation.
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: The live sessions are scheduled as follows: 12 PM ET on June 12th, 2024, June 26th, 2024, and July 10th, 2024.
4.2. Participation: 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. 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.
4.4. 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.
5.0. DISCLAIMER: Client understands that coaching is limited to physical therapy, nutrition, gut health, detoxification, general health, mindfulness, and mindset coaching, and is not considered medical advice. Coach is not a medical doctor and Client needs to have their own Primary Care provider or access to an Urgent Care Clinic for medical matters. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
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; or (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 also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
9.0. No Transfer of Intellectual Property: Any content or materials provided by Coach is copyrighted and are for Client’s individual use only as a single-user licensee. Client is not authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted program and/or course materials, shall remain the sole property of the Coach. No license to sell or distribute Coach’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Coach is confidential and proprietary, and belongs solely and exclusively to the Coach, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Coach. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
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 (certain amount of time such as 30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
13.0. Severability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 13.0. 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.
14.0. 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.
15.0. Binding Effect: This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
16.0 Headings: Headings in this Agreement are for convenience only and do not confer rights or obligations, nor alter any terms of this Agreement.
I have volunteered to participate in a program of health care (possibly including but not limited to Physical Therapy, Personal Training, Wellness, Nutrition, Gut Health, and Mindfulness) and to retain the services of Radiant Health and Wellness, PLLC and its employees. I intend to assume all risk of injury from my participation. To that end, I acknowledge and agree to all of the following:
1.The treatment may include but is not limited to one or more of the following: therapeutic exercise, neuromuscular re-education, therapeutic activities, and nutrition/gut health counseling, general health coaching, and modalities. There are inherent risks involved in any evaluation and treatment program. It is not possible to guarantee or give assurance of a successful result. It is important that you understand and agree to the planned treatment. Physical Therapy and health Coaching is generally safe and helpful. However, medical procedures of any type involve the taking of risks, ranging from minor to serious (including the risk of death). It is important to be aware of the following risks before you receive the treatment you and your healthcare provider are planning.
2.The possible benefits of this treatment include: decreasing pain, improving cardiovascular fitness, muscle strength, endurance, flexibility, improved body posture, movement, alignment, and digestion. During treatment, there exists a potential for numerous side effects including but not limited to muscle soreness or stiffness; numbness, tingling, or other paresthesias; muscle tears; bony fractures; paralysis; abnormal blood pressure, cerebrovascular accidents, fainting, disorders of heartbeat, and instances of heart attack and death. I assume all of the foregoing risks, and accept personal responsibility for any other damages or other injury I might suffer. I am satisfied with my understanding of the more common risks and complications of the evaluation and treatment.
3.I know I have the right to choose what treatment I do or do not receive in addition to withdrawing from any treatment at any time.
4.I understand that a physician’s examination and approval should be obtained prior to participation in a health care program.
5. I recognize that my participation in the activity covered hereby is conditioned upon my submitting payment and participating in a the Holistic Detox Mini-Retreat and Live Program. I understand that I may show this INFORMED CONSENT and WAIVER & RELEASE OF LIABILITY to, and consult with, my own independent legal counsel before proceeding.
6. Radiant Health and Wellness, PLLC and its’ employees, have not made any representation as to the nature and quality of the facilities or equipment to be used or as to any other matter related to my participation in the foregoing activity. I understand that the “RELEASEES” enumerated above or otherwise owe no duty or obligation to me. I have read and understood this INFORMED CONSENT and WAIVER & RELEASE OF LIABILITY and it accurately sets forth my intentions and I agree to be bound by its provisions.
Please e-mail any questions to Dr. Beata at Beata@HolisticDrBeata.com