Your Health Makeover provides certain Coaching on Health issues (the “Services”). In consideration of permitting the above noted participant access to the Services, the undersigned hereby enters into this Agreement with and for the benefit of YOUR HEALTH MAKEOVER and its principals, directors, officers, agents, affiliates, successors, assigns,representatives, executors, heirs, contractors, and employees, as applicable (collectively, “YOUR HEALTHMAKEOVER”).
I hereby agree as follows:
1. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, THERAPY, MENTAL HEALTH CARE, DIAGNOSIS, OR TREATMENT AND IF I BELIEVE I MAY HAVE A MEDICAL EMERGENCY, I SHOULD IMMEDIATELY CALL A DOCTOR, PROFESSIONAL COUNSELLOR, OR DIAL 911.
2. The Services may augment therapy, but the Services are meant to be done when major emotional and psychological wounds are already healing or healed. Your Health Makeover is not acting as a professionalmedical doctor, health counsellor or a medical professional. I understand that any and allcomments and/or ideas offered by Your Health Makeover are solely for the purpose of attempting to aid me in achieving my defined goals. I understand and agree that I am fully responsible for my well-being during the Services.
I HEREBY ACCEPT AND ASSUME RESPONSIBILITY for any and all risks arising from my participation in the Services. I will promptly inform Your Health Makeover if I wish to cease receiving the Services or any aspect of the Services.
3. Services are, at present, part of an unregulated industry and Your Health Makeover is not licensed by the state of Florida, or any other jurisdiction.
4. As a condition and in consideration of my participation in the Services, I HEREBY RELEASE Your Health Makeover from any and all claims, demands, liabilities, damages, costs, actions or causes of action of every nature and kind whatsoever that I may have against Your Health Makeover arising out of the Services, whether direct, indirect, special, incidental, punitive, or consequential, including, without limitation, on account of any injury, harm, illness, disability, loss or damage of any kind due to any act, omission or negligence whatsoever on the part of Your Health Makeover. Your Health Makeover total liability under or arising out of this Agreement with respect to the Services, whether based in contract, tort (including negligence or strict liability) or otherwise shall not exceed, in the aggregate, the amounts received by Your Health Makeover for the Services I receive, if any.
5. I HEREBY AGREE TO INDEMNIFY Your Health Makeover HARMLESS from any claims, demands, liabilities, damages, costs, actions or causes of actions of every nature and kind whatsoever arising out of my participation in the Services, including, without limitation, on account of any injury, harm, illness, disability, loss, or damage of any kind due to any act, omission, or negligence on my part, except to the extent caused by YOUR HEALTH MAKEOVER’S gross negligence or willful misconduct. I further agree to notify Your Health Makeover of any third-party claim, demand or loss relating to the Services, whether or not such claim, demand or loss is attributed to Your Health Makeover’s conduct, my conduct, or third-party conduct. I shall notify Your Health Makeover immediately upon gaining knowledge of such claim, demand or loss.
6. “Confidential Information” shall mean all information expressly designated as such by myself and/or Your Health Makeover, but shall not include any information that: (i) is or becomes publicly available without a breach of this Agreement; (ii) was lawfully known by myself and/or Your Health Makeover, as applicable, without an obligation to keep it confidential; (iii) is received from another source that can disclose it lawfully and without an obligation to keep it confidential; or (iv) is independently developed by myself and/or Your Health Makeover ,as applicable. In relation to Confidential Information, neither myself nor Your Health Makeover shall disclose such Confidential Information to any other person other than to professional advisors (such as a legal or medical professional) strictly on a need to know basis; and we
will each keep such Confidential Information confidential and not use any Confidential Information for any purpose other than the performance of our obligations or exercise of our rights under this Agreement; and not transfer, copy, disclose, provide or otherwise make available such Confidential Information in any form to any third party without the other party’s prior written consent. However, any party may disclose Confidential Information if required to comply with a court order, applicable law, or requirement of an applicable regulatory body. Before doing so, such party shall, when possible, give the other party enough prior notice to provide a reasonable chance for that other party to seek a protective order. Further, if I report abuse, neglect, or threaten to harm myself or someone else, I understand that necessary actions will be taken, and any confidentiality agreement is limited in this capacity.
7. I consent to the collection, use, and disclosure of my personal information (i.e. information that can identify me) by Your Health Makeover on its website, social media, promotional material, and/or sponsorship emails, and/or as described in Your Health Makeover’s Privacy Policy, accessible
at: https://www.yourhealthmakeover.com/privacy-policy, as may be amended from time to time.
8. I understand that the use of technology is not always secure, and I accept the risks of use of email, text, phone, messenger, WhatsApp messaging, Zoom, other online conferencing and other technology.
9. I agree to pay Your Health Makeover for the Services as follows: full amount of invoice issued is to be paid through electronic funds transferred to [email protected] or such other method as may be designated by Your Health Makeover in writing from time to time, on or before the relevant
Services session].
10. I understand that either myself or Your Health Makeover may terminate this Agreement at any time, and for any reason, by providing at least 48 hours’ notice to the other party. Any outstanding amounts due to Your Health Makeover must be paid to Your Health Makeover within 24 hours following termination of this Agreement. Upon termination of this Agreement, any pre-paid unused Services will be promptly refunded without penalty. Sections 2, 4, 5, 6, 7, 8, 10, 12, 13, and 14 of this Agreement, and any other section of this Agreement that ought reasonably to survive termination, or expiration will survive the termination or expiration of this Agreement.
11. I understand that Your Health Makeover utilizes a 48-hour cancellation or rescheduling period with respect to the Services. All outstanding amounts must be paid to Your Health Makeover within 24 hours of a scheduled Services session in order to maintain such session.
12. This Agreement and all rights herein may be assigned, licensed, sub-licensed or otherwise transferred by Your Health Makeover without my consent. This Agreement is binding upon my heirs, executors, administrators, personal representatives and any permitted successors or assigns. The waiver by either
myself or Your Health Makeover of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by myself or Your Health Makeover, as applicable.
13. This Agreement shall be governed by the laws of the United States of America and the federal laws of the state of Florida applicable therein. The courts of the Florida shall have exclusive jurisdiction regarding any matter arising out of or in connection with this Agreement.
14. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision shall be severed from this Agreement and the remaining
provisions will remain in full force and effect. No terms or conditions of this Agreement may be modified except in writing and signed by the parties.
I confirm that I have read this Agreement and understand its terms. I understand that I have the right to seek legal counsel before signing this Agreement. I confirm that I signed this Agreement freely and voluntarily and intend my signature to be a complete release of liability to the greatest extent allowed by law.
Please note: For clients under the age of majority in jurisdiction where the Services are received, a parent or legal guardian must sign and thereby enters into this Agreement for themselves and on behalf of the client.
I Consent to Receive Alerts & Occasional Marketing Communication from Your Health Makeover. Message frequency varies. You can reply STOP to unsubscribe at any time.
