Terms & Conditions for
The Wellness By Design Mini-Retreat and 1-Month Live Program

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 completed or until the Parties agree to complete the services. Termination of the agreement will not affect the accrued rights and obligations of the parties as of the date of termination.

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 September 4th, 2024, September 18th, 2024, and October 2nd, 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 Wellness By Design Mini-Retreat and 1-Month Live Program. Early Bird Pricing offers the following payment options: a one-time payment of $222, three monthly payments of $88, or six monthly payments of $50. Regular Pricing offers the following payment options: a one-time payment of $288 or three monthly payments of $111.

This includes:
This package includes:  The Wellness By Design Mini-Retreat:  Start Date: September 4th, 2024, from 12-2 PM ET Description: Two transformative sessions designed to help you gain clarity about your health potential and anchor this expansiveness into your reality with a custom plan and actionable steps. 1-Month Live Program:  Description:  Bonus Live Coaching Sessions:  Dates: September 18th, 2024, 12-2 PM ET, and October 2nd, 2024, 12-2 PM ET Recording: All live sessions will be recorded, and replays will be available until November 4th, 2024. One-On-One Guidance Call and Intuitive Reading:  

- The Wellness By Design Mini-Retreat:  Start Date: September 4th, 2024 from 12-2 PM ET
Description: Two transformative sessions designed to help you gain clarity about your health potential and anchor this expansiveness into your reality with a custom plan and actionable steps.
Replay Availability: The powerful replay will be accessible until November 4th, 2024, even if you join after the start date.  

- 1-Month Live Program:
Description: The Wellness By Design Program includes a month-long live program including the Gut Health Reset offering step-by-step guidance, accountability, expert protocols, and two additional live community coaching sessions with Q&A, troubleshooting, and bonus resources.

- Bonus Live Coaching Sessions Additional Live Sessions:  September 18th, 2024 12-2 PM ET and October 2nd, 2024 12-2 PM ET.
Replay Availability: The powerful replay of each live session will be accessible until November 4th, 2024, even if you join after the start date.  

- One-On-One Guidance Call and Intuitive Reading:
Description: Enjoy a personalized One-on-One Guidance Call with Dr. Beata, providing a safe space to discuss insights from the Mini-Retreat and Program. This includes an Intuitive Reading to identify which detoxification pathways or organs may need support based on 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. To ensure the success of The Wellness By Design Mini-Retreat and 1-Month Live Program, the Client agrees to the following obligations:
- Active Participation: The Client commits to fully engaging in all scheduled sessions, including live coaching and one-on-one guidance calls. Participation is essential for achieving the desired outcomes.  

- Open Communication: The Client agrees to maintain honest and transparent communication throughout the program. This includes sharing insights, challenges, and progress openly during sessions to allow the Coach to provide the most effective guidance.  

- Timely Response: The Client is expected to respond promptly to any communications from the Coach, including scheduling requests and feedback inquiries. This ensures a smooth and productive experience for both parties.  

- Commitment to the Process: The Client acknowledges that the program’s effectiveness relies on their dedication and willingness to actively engage with the provided materials, practices, and recommendations.

4.1. Scheduling: The live sessions are scheduled as follows: 12 PM ET on September 4, 2024, September 18, 2024, and October 2, 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:
The services provided by the Coach, including The Wellness By Design Mini-Retreat and 1-Month Live Program, 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 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 program. The Client acknowledges that they are participating in the program 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.

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) OR SERVICES, INCLUDING ANY ANCILLARY SERVICES THAT THE CLIENT MAY USE DURING THE PROGRAM, 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 “RELEASEES”) OF AND FROM ALL ACTIONS, CAUSES OF ACTION, CONTRACTS, CLAIMS, SUITS, COSTS, DEMANDS, AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN 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 group sessions. The Client shall not disclose, share, or distribute any personal, medical, or sensitive information of other participants outside the group sessions. Any breach of this confidentiality obligation may result in the immediate termination of the Client’s participation in the program 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 program 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.

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, permissible assigns, heirs, executors, and administrators.

16.0 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 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