CLIENT SERVICES AGREEMENT
This Agreement is entered into on this day, by and between you (“Participant”), and Ganheart, LLC, a Kansas limited liability company operating a web site called The Fasting Doctor (the “Company”).
- TERM OF AGREEMENT
The term of this Agreement covers your participation in the [Fasting Doctor] Program (“Program”) and shall cover a __ month period beginning ___________________ and ending on ___________________________.
The Company may terminate this Agreement at any time in the event of a breach of the terms set forth herein. Termination or expiration of this Agreement shall not affect the continuation of any outstanding obligation or liability incurred by Participant during the term of this Agreement.
2. DESCRIPTION OF PROGRAM SERVICES
This is a digital coaching program to be conducted on the Company’s website, www.thefastingdoctor.com (the “Web Site”).
You will have access to the Company’s private membership site that will contain all the program materials, including videos, worksheets, and homework assignments. Interaction with the Company’s online coach (the “Coach”) and other participants will take place on the Web Site.
[Add description of services]
3. FEES AND PAYMENT TERMS
Cost: $___________________________
Payment is due in full before the start of the Program and no later than 5 days before the start date.
4. DESCRIPTION OF RELATIONSHIP AND RESPONSIBILITIES OF THE PARTIES
(a) The relationship between the Company and Participant is a collaborative effort, with Participant and Coach interacting to maximize the benefits under the Program. In no event will the Company’s and Participant’s relationship be deemed a joint venture, partnership, agency, employer-employee, or representative arrangement.
(b) The Company shall provide guidance and advice to assist and support the Participant in meeting goals set by Participant in the Program. The Coach will not be acting in her capacity as a medical doctor. Please refer to the Company’s Terms of Service/Disclaimer Agreement set forth on the Web Site.
(c) Participant takes full responsibility for participation in the Program and for Participant’s physical, emotional, and mental health. Participant acknowledges that Participant is ultimately responsible for all decisions made throughout the Program. It is expected that Participant will watch and/or listen to all the video content provided on the Web Site and will complete all worksheets assigned throughout the duration of the Program. Furthermore, it is expected that Participant will share his/her daily food and drink consumption with the Coach each day via your private communication with the Coach through the Web Site.
(d) Participant agrees to not use coaching as a way of diagnosing or treating mental or physical disorders as defined by the American Psychiatric Association or the American Medical Association. In the event that Participant is in therapy or under the care of a mental health professional, Participant agrees to notify and consult with the mental health care provider with respect to the decision of whether to work with the Program. Participant understands that Participant’s relationship with the Coach is that of a coach-client relationship and that no doctor-patient relationship has been established.
(e) Participant acknowledges having reviewed the Company’s Disclaimer statement, and accepts the terms set forth therein. Furthermore, Participant understands the Program is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the Program and the coaching relationship. By initialing below, you acknowledge having read the Company’s Disclaimer statement, provided at www.thefastingdoctor.com/disclaimer, and agree to abide by its terms.
___________ Initials of Participant
5. CONFIDENTIALITY
The Coach-Participant relationship is not legally bound by confidentiality. Nevertheless, the Company agrees that all information shared privately with the Coach shall remain confidential. The Company agrees not to disclose Participant’s name for any reason whatsoever without consent. Participant acknowledges that communications through the internet or other electronic means are subject to hacking and other unauthorized third party access and the Company is not liable for any such third party acts. Participant should use discretion when sending any confidential information. Participant bears the full risk when transmitting any such information to the Company.
Confidential information does not include information that (a) was in the Company’s possession prior to the execution of this Agreement or obtained from third party sources not bound by a duty of confidentiality, (b) is generally known to the public or in Participant’s circle of friends and family and co-workers; or (c) the Company may be required by law to disclose.
6. CANCELLATION NOTICE
Participant may cancel his or her participation in the Program up to 5 days prior to its commencement in order to receive a full refund.
7. REFUND POLICY
No refunds will be permitted irrespective of whether or not Participant loses any weight. No partial refunds will be given should Participant choose to leave the Program early.
8. NO GUARANTEE
Since there are many factors solely within Participant’s control that can affect the outcome of this or any coaching program, the Company makes no guarantee or promise that Participant will achieve any results in the Program. Participant further understands and agrees that Participant is fully responsible for Participant’s well-being throughout the Program, including all choices and decisions made by Participant. Participant understands that the Coach’s comments and ideas are to be construed as suggestions and information only, and that Participant ultimately has full responsibility for making an informed decision and acting or not acting on information provided by the Program.
9. WAIVER OF LIABILITY
By signing this Agreement Participant agrees to release, indemnify, discharge and hold harmless the Company and its agents, representatives, owners, and employees from any and all claims, demands, damages, losses, rights of action or causes of action, liabilities, and/or expenses, present or future, arising out of, or connected with, Participant’s participation in the Program, without limitation, including any events which may occur as a result of following advice tendered and released in the Program, or training or coaching rendered. Participant further declares and represents that no promise or inducement has been made to enter into this Agreement.
10. HEADINGS
The headings found in each of the sections of this Agreement are intended for convenience only and are not intended to affect the construction or interpretation of any the provisions included herein.
11. SEVERANCE
In the event that one or more of the provisions of this Agreement shall be found unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in the Agreement, or the unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid.
12. FORCE MAJEURE
The Company will not be deemed to be in breach of this Agreement for any delay or failure in performance caused by reasons out of its reasonable control, including natural disasters or a public enemy; war; terrorism; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Company.
13. ENTIRE AGREEMENT, MODIFICATION, AND WAIVER
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein and therefore supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
14. JURISDICTION
This agreement shall be governed by the laws of the state of Kansas, with regard to such state’s conflict of law provisions. Any action to enforce this agreement shall be brought in the federal or state courts located in the county of Wyandotte, Kansas.
15. SIGNATURES
The undersigned agrees that this Agreement incorporates the terms set out in Company’s Disclaimer statement (referenced above). Participant acknowledges having received and read Company’s Disclaimer statement and that together these documents reflect a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.
In Witness Whereof, the parties have executed this Client Services Agreement as of the __ day of ____________, 2019.
Participant:
Printed Name:
Company: Ganheart, LLC
By: Cecily Ganheart, Manager