CLIENT SERVICES AGREEMENT (the “Agreement”)
Cycle Clue Masterclass
Start date listed in quote as "Effective date"
End date: Listed in quote as "End date"
This Agreement is made effective between Fertility Awareness Path, LLC (hereinafter referred to as the “Coach”) and you, the Client (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:
Coaching Calls: Five monthly calls
Support: Unlimited access to message support inside private messaging portal (answered within 48 hours, Monday thru Saturday)
2. Late / No Payments:
Payments are due on or before the due dates listed in this section. Late payments will not be accepted. If a payment is not made on or before the due dates stated herein, the Coach will send the Client an email with instructions on how to make immediate payment.
The Coach will not perform any additional services for the Client until payment is completed and the Client’s access to any client portal or materials may be removed until payment is made.
3. 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 will not be issued for coaching services already conducted. 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.
The Program is 5 months long (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.
5. Client Commitments
The Client agrees to the following as part of the Program:
The Client shall participate fully in the Coaching Calls, and any other part of the program, to the best of his/her ability.
The Client shall immediately inform the Coach of any issues or difficulties he/she may have with the Program.
The Client shall complete payment of the Investment according to the Terms herein.
6. Coach Commitments
The Coach agrees to the following as part of the Program:
The Coach shall participate fully and intently in the Coaching Calls, and any other part of the program, to the best of his/her ability.
The Coach will support the Client to the best of his/her abilities in accordance with Section I of this Agreement.
The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client. The Coach will not divulge that the Parties are in a coaching relationship without your express permission.
The Coach agrees to conduct the Coaching Call via Zoom.
The Coach agrees to the following FEMM Teaching expectations:
Provide health and fertility education: basic anatomy, physiology, ovulation as a sign of health, cycle variations, and understanding and managing fertility
The Coach provides education only and is not responsible for the health and family planning decisions of the client. The Coach provides “informed choice”. An informed choice is “a voluntary, well-considered decision that an individual makes on the basis of options, information, and understanding.”
Interpret the client’s chart with regard to cycle events based on observation of biomarkers: cervical mucus, bleeding, and LH surge. Identify chart patterns of typical cycles across the reproductive continuum.
Identify abnormal cycle characteristics, which may indicate health issues, and refer for Medical Management, if applicable.
Recognize factors that may interfere with the observation, charting, or interpretation of a client’s biomarkers.
Provide education that is science and evidence based, and respectful of the client’s autonomy.
Safeguard, and keep confidential, client health information.
The Client understands that the Coach is a Certified Reproductive Health Coach from FEMM (Fertility Education & Medical Management).
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.
8. Cancellations & Rescheduling Appointments
If you are unable to keep an appointment that we have, please provide 24-hour notice to the Coach. The Client can reschedule his/her appointment by emailing the Coach at email@example.com
9. 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.
Client agrees to indemnify and hold harmless the Coach, Fertility Awareness Path, LLC and its 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 Fertility Awareness Path, LLC or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach.
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.
12. 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.
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.
14. Applicable Law + Venue
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Pennsylvania, United States as they apply to contracts entered into and wholly to be performed in the State of Pennsylvania, United States. The Federal and State courts within the State of Pennsylvania, United States shall have exclusive jurisdiction to adjudicate any dispute arising out of or from this Agreement.
15. Photograph and Testimonial Release
The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of his/her likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share his/her name or identifying information.
16. Execution - By clicking "buy now," "complete order" or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment information (either partially or in-full), Client acknowledges that she is executing the foregoing legally-binding contract & agree to the aforementioned terms in their entirety.
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