CLIENT SERVICES AGREEMENT (the “Agreement”)
Unbounded Body Program
Service Purchased: Unbounded Body Program (the “Process”)
Investment: $_300.00 USD paid in full (hereinafter referred to as the “Investment”)
This Agreement is made effective as of date purchased, by and between Elizabeth Stofko (hereinafter referred to as the “Coach”) and the customer hereinafter referred to as the “Client”). The Client and the Coach will collectively be referred to herein as the “Parties”.
The Parties hereby agree to the following:
Program/Service Description
- 8 weeks of video module lessons
- PDF guides and resources
- Unbounded Body Program is an 8-week self-study program. Additional options for coaching are available, however, coaching is not included in this self-study course. The client is not to reach out to the Coach via. Email or social media for coaching or questions. All technical questions are to be handled via. email given in the Kajabi portal.
- Payment
The Client will pay the Investment pursuant to the following terms: Using Credit Card via Acuity or Paypal in ____1___ payment (s) of $___300.00___USD paid in full.
2. Refund Policy
The Coach will do everything within her ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. Refunds are available to clients within 30 days of purchase upon completion of the request and integration questions. If for any reason, the Coach is unable to fulfill her obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered.
3. Disclaimer
The Client understands that the Coach has graduated from Washington and Jefferson College and is currently attaining a nutrition degree through the Edison Institute of Holistic Nutrition and Licensed Mental Health Counselor degree through SNHU.
The Coach is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with his/her physician before implementing changes or habits suggested by the Coach. The Client confirms that s/he has or will discuss any and all changes to his/her diet, exercise regimen, supplements, medications, or lifestyle with his/her physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to his/her lifestyle. The Client understands that the Coach is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist.
Further, the Coach has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her life.
4. Limitation of Liability
Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
5. Indemnification
Client agrees to indemnify and hold harmless the Coach and her agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach.
6. ARBITRATION
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Pennsylvania. The arbitration hearing shall be held in the state of Pennsylvania. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Coach.
7. Entire Agreement
This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.
8.Sever-ability
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
9.Applicable Law
This Agreement shall be governed by the laws of the state of Pennsylvania.
BY CHECKING THE BOX, I HEREBY CERTIFY THAT I, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE.
[END OF AGREEMENT]