Kat Spangler
Private Coaching Agreement
This agreement (“Agreement”) is made and entered into this day between and among Kat Spangler, Health Coach/Personal Trainer[1] , hereafter referred to as “the Coach,” and you, hereafter referred to as "Client".
The purpose of this Agreement is to set forth the details of the Parties relationship so that each are clear as to respective roles and how communication will take place so that the relationship will be positive, productive, and comfortable.[2]
THEREFORE, the Coach and the Client agree as follows:
TERMS
- During the terms of this Agreement, the Coach agrees to provide consultations in accordance with the specific services set forth in the Private Coaching Package as outlined in Attachment A[3] .
- The services to be provided by the Coach to the Client are coaching as designed jointly with the client. Health coaching and fitness training, which is not advice, therapy or counseling, may address specific personal projects, business, or general conditions in the Client’s life, health, or profession.
- Client is aware that Coach does not solve medical issues nor treat disease and is therefore not a replacement for client’s therapist or physician. If Client is presently under any form of psychiatric care or specialized medical supervision, Client is to inform Coach prior to working together.
- Coach and Client agree upon the Package through which consultations, preparation, exercises, and follow-up work (if necessary) are conducted. Dates and location are chosen collaboratively and adhered to upon signing the agreement.
- METHODOLOGY. Coach will employ a range of methodologies, including coaching or mentorship. Client agrees to be open minded and partake in methods proposed. Client understands that Coach makes no guarantees as to the outcome of the sessions or package.
PAYMENT.
- The[4] Client will make payment via website or other agreed upon method as outlined in Attachment A.
- So that Client is fully invested in this Package, no refunds will be issued.
- Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Coach will send an invoice or charge the credit card chosen by the Client on the dates and for the amounts specified in Attachment A. No sessions will be held until payment is made and if payment due is not paid within ten (10) days of due date, Client forfeits any remaining sessions.
DISCLAIMERS.
- By participating in health coaching and training services, Client acknowledges that Kat is not a medical doctor, psychologist, and/or therapist, and services do not replace the care of other professionals. Health coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
- The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement. The Coach may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
- The Coach may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
- Any testimonials or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future result that may be derived as a consequence of use of Coach’s website, programs, products or services.
WAIVER OF LIABILITY.
You are participating in online and/or in person coaching, classes or services during which You will receive information and instruction about physical activity, yoga, or similar and You acknowledge that activity may require physical exertion, which may be strenuous and may cause physical injury, and Client is fully aware of the risks and hazards involved. You acknowledge that it is Your responsibility to consult with a physician prior to and regarding participation in any physical fitness program. You represent and warrant that You have no medical condition that would prevent Your participation in physical fitness activities. Client agrees to assume full responsibility for any risks, injuries or damages, known and unknown, which You might incur as a result of participating in online and/or in person coaching, classes or services, including any personal touch provided by the instructor and/or trainer. Client knowingly, voluntarily, and expressly waives any claims You may have against the Company, or the instructor, for injuries or damages that You may sustain as a result of participating in coaching or classes.[5]
CONFIDENTIALITY.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, coaching sessions, or otherwise. Client acknowledges that Coach may share confidential information or coaching sessions with Coach’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
INTELLECTUAL PROPERTY RIGHTS.
In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coach to provide the Services and the products, systems, programs or processes, produced by the Coach pursuant to this Agreement.
DISCLAIMER OF WARRANTIES.
The Services provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.
INDEMNIFICATION.
Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its clients.
NON-DISPARAGEMENT[7] .
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association[8] . The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Dallas, Texas [9] or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas within the United States of America, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
GOOD FAITH.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.
The parties have caused this Agreement to be signed and/or agreed to by their duly authorized representatives on this day.
By doing so, you acknowledge and accept that we:
- Are not medically qualified and do not provide any medical diagnosis or advice regarding any specific health condition
- Are not a substitute for advice from a qualified doctor and can provide education only on general principles of health building
- Recommend that you consult your doctor before making any changes to your diet or exercise regime or taking any dietary supplement.
- Do not warrant the accuracy of any information provided as we are not the originators of the information.
- Are not liable for any losses you may suffer by relying on any advice we provide
- Do not recommend any particular product or service
- Do not guarantee any positive results as we have no control over those results
- Are not a covered entity or a business associate of a covered entity under HIPAA
- Are unable to provide any diagnosis or CPT codes for insurance billing purposes
By clicking the 'agree' link and/or by instructing me to provide advice and services to you, you indicate your agreement to these terms.
What We Do and Do Not Do
We obtain a set of laboratory test results on your behalf from a [Certified Laboratory in the United States] and provide you with a holistic or nutritional interpretation of those test results that you can use exclusively as an educational tool for personal health purposes.
Your doctor may use the same test reports to diagnose and treat diseases or specific conditions, but we do not do this. The information we provide is not intended to, cannot, and should not be a substitute for a personal consultation with your qualified doctor. We do not accept any liability for any failure to identify any medical condition or disease, as this is not the purpose of our services.
We may provide you with information about products that we believe might benefit you, but such information is not to be taken as an endorsement or recommendation. Some products may require a prescription, but we do not dispense or prescribe any prescription products. The information provided is intended for educational purposes only and should not be taken as professional medical advice or used as a substitute for medical care. We are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from that information.
We will make a reasonable effort to protect the privacy of your medical information that is shared with us, including any lab test results. However, that information is not covered by doctor-patient confidentiality, nor is it governed by HIPAA.
Consult Your Doctor
We are not qualified medical advisors and make no claims to be so. The information we provide should not be taken to be and is not a substitute for personal medical advice and instruction. You should not take any action based solely on our advice or guidance.
You should consult your doctor:
- For any medical interpretation of your lab test results
- On any matter relating to your health and well-being
- Before making any changes to your exercise routine or diet
- Before taking any nutritional, herbal, homeopathic, or hormonal supplementation
- Before beginning any therapy or modality
Exclusion of Warranties
We will provide our services to you with reasonable care and skill. But we make no other warranty, express or implied, with respect to those services. All other warranties are excluded to the maximum extent permitted by law.
We make no warranty as to the accuracy of the laboratory test results we receive.
We make no warranty, expressed or implied, about the quality or effectiveness of any interpretation, apparatus, advice, treatment, or product. In no event will we be liable for any physical or mental injury or any adverse side effects that may arise from the use of any such interpretation, apparatus, advice, treatment, or product.
We believe that the information we provide, including that on our websites, videos, postings, brochures, emails, flyers, and information packets, is accurate, but we cannot guarantee such accuracy. We, therefore, make no warranty as to the accuracy of that information, and it should not be relied upon as being correct, complete, or accurate. It is your responsibility to verify such matters independently from primary sources of information and by taking specific professional advice.
Exclusion of Liability
If you rely on, buy, or use a product or therapy or modality, you do so at your own risk. We do not guarantee any results as we have no control over those results. Each person is different, and the way someone reacts to a product or therapy may be significantly different from another. We cannot predict how you may respond to any particular product or therapy.
To the maximum extent permitted by law, we exclude:
- Any and all liability in contract, tort (including negligence), breach of statutory duty or otherwise for any direct, indirect, special, incidental, or consequential costs, losses, claims, damages, expenses or proceedings (including but not limited to loss of profits and wasted management time) incurred or suffered by you arising directly or indirectly out of or in connection with our services, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy with the information, education or advice we provide;
- Any and all liability for injury or loss arising out of the use of, or reliance on, the laboratory results and/or the dietary, supplement, and lifestyle suggestions we may provide
- Any and all liability for injury or loss arising from any product or treatment you may choose to take
- Any and all liability for any failure to identify any medical condition or disease. You understand and agree that this is not the purpose of our services.
This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages or injury, loss of data, income or profit, loss of or damage to property, and claims of third parties.
No recommendation
All material and information we may provide about products and therapies are provided solely for educational purposes and for use when discussing your health with your doctor. By providing you with such material and information, we do not necessarily endorse, recommend or promote any such product or therapy.
ATTACHMENT A
Pantry makeover
Grocery shopping guidance (food not covered)
Cooking lesson
Meal out (food is covered, drinks are not)
2 weeks of follow up messenger support
PAYMENT TERMS
Client agrees to pay one payment of $699.