DISCLAIMER OF LIABILITY
You (sometimes referred to herein as “Client”) understand that the training and coaching received from me (sometimes referred to herein as “Coach”) in connection with the Program or otherwise should not be seen as medical, nursing or nutrition advice and is certainly not meant to take the place of your seeing licensed health professionals, including your doctor.
“Coach” is not a physicians or psychologist, and the scope of his/her consultation services does not include treatment or diagnosis of specific illnesses or disorders. If I, the client, suspect I may have an ailment or illness that may require medical attention, then it is my responsibility to consult with a licensed physician immediately. Only a licensed physician can prescribe drugs.
Any mention of drugs in the course of consultation is only for the purpose of providing a complete history of drugs that the client is taking and not for “Coach” to judge the appropriateness of the medication. Any change in prescription or dosage is a decision the client makes with his or her physician.
Rather than dealing with treatment of disease ”Coach” focuses on wellness and prevention of illness through the use of fitness/movement to achieve optimal health. As a certified transformational life coaches and certified health and fitness coaches, “Coach primarily educates and motivates clients to assume more personal responsibility for their health by adopting a healthy attitude, lifestyle, fitness, and diet.
You understand and agree that (i) I am not providing health care, medical or nutrition therapy services and will not diagnose, treat or cure in any manner whatsoever, any disease, condition or other physical or mental ailment of the human body, (ii) I am not acting in the capacity of a doctor, licensed dietician-nutritionist, massage therapist, psychologist or other licensed or registered professional, and (iii) you have chosen to work with me and participate in the Program voluntarily.
As your Coach, I encourage you to maintain a relationship with your primary care physician or doctor. In the event that you do not have one and/or do not have routine physicals, I encourage you to do so. Do not discontinue or change any treatment plan that you may be on as a result of our sessions without discussing the change with your doctor.
While people generally experience greater health and wellness as a result of embracing a healthier attitude, lifestyle, and diet, and fitness “Coach” does not promise or guarantee results achieved nor protection from future illness.
You acknowledge and take full responsibility for your life and well-being, as well as the lives and well-being of your family (where applicable), and all decisions made during and after the Program. In furtherance and not in limitation of the foregoing, you hereby and forever waive, release and discharge me, my heirs, executors, administrators, assigns, officers, agents, employees, representatives, executors and all others acting on their behalf (the “Released Parties”) from any and all claims or liabilities for injuries or damages to your person and/or property or that of your family (where applicable), including those caused by negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with your participation in the Program or in connection with services provided by me or the Released Parties.
This Agreement may not be modified without the prior written consent of Client and Coach. The waiver by either party of a breach, right or obligation shall not constitute a waiver of any other or subsequent breach, right or obligation. If any provision of this Agreement is found to be invalid or unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. This Agreement sets forth the entire agreement between the parties and supersedes all prior proposals, agreements and representations between the parties, whether written or oral, regarding the subject matter herein. Neither party may assign this Agreement without the prior written consent of the other party. This Agreement shall be binding upon and shall benefit the parties and their respective successors and permitted assigns. Except as provided to the contrary herein, those provisions of the Agreement that by their nature and context are intended to survive the termination of this Agreement, shall survive any termination of this Agreement. This Agreement shall be construed and interpreted in accordance with the laws of the state in which the Coach resides without reference to its conflict of law provisions, and with the same force and effect as if fully executed and performed therein. Each Party hereby consents to the exclusive personal jurisdiction of the State and Federal Courts where the Coach resides, and acknowledges that venue is proper only in such courts.
If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, you acknowledge that: (1) you have read a copy of this letter agreement; (2) you have had an opportunity to discuss the contents with me and, if you desire, to have it reviewed by your attorney; and (3) you understand, accept and agree to abide by the terms hereof.
IN WITNESS WHEREOF, Client and Coach agree to the terms and conditions set forth in and have duly executed this Client Commitment & Agreement effective as of the date of Coach’s signature as set forth below.