Terms of Service CONTRACT FOR LIFE COACHING SERVICES
Doctormome, LLC (?Company?) and the undersigned client (?Client?) hereby agree that the following terms will govern the relationship between the parties:
- Scope of Relationship. Company is a Kansas limited liability company that performs life coaching services intended to help Client obtain a variety of benefits through healthy habits including but not limited to weight loss. Company is owned by Emily VinZant,
M.D., but the scope of the life coaching services does not include any medical diagnosis or treatment, or any other service which would require a medical license. These services are not intended to be a replacement for medical advice, diagnosis, or treatment.
- Term; Termination. The term of this Contract shall begin on the earlier of the date services were first provided by Company or the signature date of Client, and the contract shall continue for such time as are agreed by the parties in writing. The relationship may
be terminated at any time upon notice. However, any fees incurred will remain due after the relationship is terminated, regardless of whether such fees have been invoiced.
- Client Obligations. Client agrees to participate in the coaching sessions, follow the advice provided by Company, and put forth a good-faith effort to improve Client?s quality of life, including but not limited to weight loss. Client understands that this is an active program that requires Client?s full participation to obtain results. Client further agrees to keep all scheduled appointments or timely notify of any need to reschedule.
- Fees. Client agrees to promptly pay the fees invoiced by Company and will be liable for a late fee of 5% for any balance that remains unpaid after 30 days. Ongoing unpaid balances will accrue 12% interest per year, and Client agrees to be responsible for the costs of collection, including court costs, attorney fees in filing suit and obtaining a
judgment, and additional costs and attorney fees thereafter accrued during collection.
- Limitation of Liability, Indemnification, and Release of Claims. Company will not be held responsible in any way for the information that Client requests or receives through this program, including services, products, program materials, and any other information.
Client fully and completely holds harmless, indemnifies and releases Coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that Client ever had, now have, or may have against Coach in the future, to the extent permitted by applicable law.
- No Patient-Doctor Relationship. Client understands that there is no patient-doctor relationship between the parties. Company will not have any access to Client?s medical records and will not be able to diagnose or treat any condition. Client should obtain medical advice through Client?s doctor separately from this agreement and relationship.
- Prohibition Against Sharing Information and Access to Materials. The life coaching and weight loss advice to be provided by Company is intended solely for the undersigned Client and no other person. It shall be a violation of this contract for Client to share any of the program content and materials provided under this agreement with any other person, including the sharing of Client?s login information. Company reserves the right to enforce this provision by seeking any and all applicable legal remedies and damages if necessary. At the same time, Client is free to discuss Client?s experience with other
people, and referrals to Company are welcome and appreciated.
- Disclaimer of Guarantee. Nothing in this agreement and nothing in Company?s statements to Client will be construed as a promise or guarantee about the outcome of the relationship or any life coaching or weight loss advice.
- Additional Provisions. This agreement shall bind the parties and their respective heirs, personal representatives, beneficiaries, successors, and permitted assigns, and shall inure to the benefit of the parties hereto. This agreement is not assignable and cannot be subcontracted unless agreed by both of the parties in writing. This agreement may be amended or terminated only by a writing signed by the parties with respect to any of the terms contained herein. This document contains the entire agreement between the parties and supersedes all prior agreements, arrangements, and understandings relating to the subject matter. The headings contained in this agreement are for convenience and reference purposes only and shall not affect the interpretation of this agreement. No failure or delay in exercising any right, power, or privilege shall operate as a waiver thereof, and no single or partial exercise shall preclude any other or further exercise of the same or other right, power, or privilege. This agreement shall be governed by and construed in accordance with the laws of the State of Kansas. Any legal action brought to enforce or construe this agreement shall be brought in the courts located in Sedgwick County, Kansas, and the parties hereby agree to the jurisdiction of such courts and agree that they will not invoke the doctrine of forum non conveniens or other similar defenses.The parties may pursue informal discussion, mediation, or arbitration, as a fair and efficient resolution to any dispute. If any court determines that any provision of this contract is invalid or unenforceable, the determination will affect only the invalid or unenforceable provision, and the remainder of this contract shall continue in full force and effect. Further, the invalid or unenforceable provision of this contract shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable. This agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any copy of this document shall have the same force and effect as the original. Any discrepancy between the original of this contract that is signed by Company and any copy or other original shall be resolved in favor of the original. Facsimile, electronically-captured, and electronic signatures of the parties shall be binding. The effective date of this contract shall be the last signature date below.
- Confirmation of the Terms of Service confirms this client has read, understands, and agrees to this contract.