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CLIENT SERVICES AGREEMENT

PARTIES TO THE AGREEMENT

This Agreement is entered into on this day, by and between you (“Participant,” “you,” “your”), and Katrina Ubell  (“Coach”) of Katrina Ubell, LLC (“Company”).

1. TERM OF AGREEMENT  

The term of this Agreement covers your participation in the Weight Loss for Doctors Only Program (“Program”) and shall cover a 6 month period beginning April 9, 2018 and ending on October 9, 2018.

The Company may terminate this Agreement at any time in the event of a breach of the terms set forth herein. Termination or expiration of this Agreement shall not affect the continuation of any outstanding obligation or liability incurred by either party during the term of this Agreement.

2. DESCRIPTION OF PROGRAM SERVICES  

  • This is a digital group coaching program to be conducted on an online platform called Slack.com (“Slack,” “platform”).
  • You will have access to Coach’s private membership site that will contain all the program materials, including videos, worksheets, and homework assignments.   
  • Interaction with the Coach and other participants will take place on Slack, to which you will be provided password-protect access.
  • Participant will have access to Coach in the membership site “Ask Katrina” channel, where Coach will answer questions within 24-48 hours, Monday through Friday.
  • From time to time, Coach will conduct bonus live group coaching calls via telephone or video conferencing.

3. FEES AND PAYMENT TERMS

  • Cost: $5,000.00
  • Payment is due in full before the start of Program and no later than 5 days before the start date.     

4. DESCRIPTION OF COACH/CLIENT RELATIONSHIP AND RESPONSIBILITIES OF THE PARTIES

The relationship between Coach and Participant is co-creative, i.e, which means they are equal partners in the coaching process.  

  • Responsibilities of Coach:
    • Coach is trained to use her communication skills and coaching tools to support the Participant as an equal partner throughout the coaching process;  
    • Coach will provide individual guidance to group participants based on information provided to her. You will have the opportunity to ask Coach questions, whether through public or private message on Slack or through live group coaching calls.
    • Coach will not be acting in her capacity as a medical doctor. Please refer to the Company’s Terms of Service/Disclaimer Agreement BELOW:
  • Responsibilities of Participant:
    • Participant takes full responsibility for her participation in the program and for her physical, emotional, and mental health.  
    • Participant acknowledges that she is ultimately responsible for all decisions made throughout the Program. It is expected that you will watch and/or listen to all the video content provided on the Site and will complete all worksheets assigned throughout the duration of the Program. Furthermore, it is expected that you will share your daily food and drink consumption with the coach each day via your private message channel with the Coach on Slack.
    • Participant agrees to not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association.
    • In the event that Client is in therapy or under the care of a mental health professional, Client agrees to notify and consult with the mental health care provider with respect to the decision of whether to work with a coach.
    • Participant understands that her relationship with Katrina Ubell is that of a coach-client relationship and that no doctor-patient relationship has been established.
    • Participant acknowledges having received the Company’s Terms of Service/Disclaimer agreement, provided herein, and accepts the terms set forth therein. Furthermore, you understand that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
    • By signing this agreement you acknowledge having read the Company’s Terms of Use/Disclaimer statement, provided herein, and agree to abide by its terms.

5. CONFIDENTIALITY

The Coach-Client relationship is not legally bound by confidentiality. Nevertheless, Coach agrees that all information shared privately with the Coach shall remain confidential. Coach agrees not to disclose the Participant’s name for any reason whatsoever without consent.

Confidential information does not include information that:

(a) was in the Coach’s possession prior to the formation of this contract;

(b) is generally known to the public or in the Participant’s circle of friends and family and co-workers;

(c) the Coach may be required by law to disclose.

NOTE: Slack is a public platform. You are not obligated to identify yourself.

6. CANCELLATION NOTICE

Participant may cancel his or her participation in the Program up to 5 (????) days prior to its commencement in order to receive a full refund.   

7. REFUND POLICY  

No refunds will be permitted unless Participant can show that she completed all the assigned work for the duration of the 6-month Program, including following Coach’s suggestions for changing her eating plan as well as completing all worksheets and submitting daily food journals and did not lose any weight. No partial refunds will be given should Participant choose to leave the Program early. Exceptions for extenuating circumstances will be considered.

8. GUARANTEE

Since there are many factors solely within your control that can affect the outcome of this or any coaching program, Coach makes no guarantee or promise that you will achieve any results in the Program. You further understand and agree that you are fully responsible for your well-being throughout the Program, including all choices and decisions made by you. You understand that Coach’s comments and ideas are to be construed as suggestions and information only, and that you ultimately have full responsibility for making an informed decision and giving your informed consent.  

9. WAIVER OF LIABILITY

By signing this agreement you here and forever agree to release, indemnify, discharge and hereby hold harmless Company and its respective agents, representatives, heirs, assigns, contractors, and employees from any and all claims, demands, damages, losses, rights of action or causes of action, liabilities, and/or expenses, present or future, arising out of, or connected with, your participation in the Program, without limitation, which may occur as a result of following advice tendered and released, or training rendered. You further declare and represent that no promise or inducement has been made to enter into this agreement.  

10. HEADINGS

The headings found in each of the paragraphs and subparagraphs of this Agreement are intended for your convenience only and are not intended to affect the construction or interpretation of any the provisions included herein.

11. SEVERANCE

In the event that one or more of the provisions of this Agreement shall be found unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in the Agreement, or the unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid.

12. FORCE MAJEURE

The Company will not be deemed to be in breach of this Agreement for any delay or failure in performance caused by reasons out of its reasonable control, including acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Company.

13. ENTIRE AGREEMENT, MODIFICATION, AND WAIVER

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein and therefore supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

14. JURISDICTION

This agreement shall be governed by the laws of the state of Wisconsin. Any action to enforce this agreement shall be brought in the federal or state courts located in the county of Milwaukee.

15. SIGNATURES

The undersigned agrees that this agreement incorporates the terms set out in Company’s Terms of Service agreement (see below). Participant acknowledges having received and read Company’s Terms of Service agreement and that together these documents reflect a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

TERMS OF SERVICE and DISCLAIMER FOR
WEIGHT LOSS FOR DOCTORS ONLY COACHING PROGRAM
KatrinaUbellMD.com | Katrina Ubell Coaching, LLC, DBA Healthy Weight In Health Care

By using or purchasing the DOCTORS-ONLY WEIGHT LOSS PROGRAM (“Program”) created by Katrina Ubell Coaching, LLC ( “Company” “we” “our”), you agree to the following Terms of Service and Disclaimer (“Terms”) set forth below.  

You further warrant that any information you submit to the Company when using the Program is owned by you and that you have the necessary authority to submit such information, including your payment information and email address.  

Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Program.

The Program is offered for information purposes only and no portion of it is intended to substitute for professional advice, including but not limited to medical, psychiatric, psychological, or behavioral advice and/or treatment, and you may not rely on the Program to provide such advice or treatment.

The Program is not to be interpreted as a promise or guarantee of results. If you require medical, psychiatric, and/or psychological care, you are advised to retain the services of a licensed medical professional acting in his or her capacity as such. Although she is a medical doctor, Katrina Ubell, in her capacity as a coach to medical professionals, does not provide medical care or advice to her coaching clients, nor any other professional services including but not limited to psychiatric/mental health care, financial services, or any kind of behavioral therapy or counseling. Your purchase of the Program does not establish a doctor-patient relationship of any kind between you, the Company, or Katrina Ubell. The sole intention of the Company, whether through its Website and/or products and services, is to provide educational materials and coaching to physicians/doctors, and other healthcare professionals on the topic of weight loss, weight management, emotional eating, and overeating.

Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated through its Program.  

You hereby assume responsibility for your actions and the results you create, or do not create, as a result of your actions or inaction. You also understand that it is entirely your right and responsibility to decide the extent to which you make use of the materials provided in the Program and you therefore agree not to attempt to hold the Company liable for any such actions or results of those actions, under any circumstances. Your level of success in attaining results is dependent upon a number of factors beyond the Company’s control, including your level of personal development,  knowledge, ability, dedication to the process, personality, and mindset.  

The statements and the strategies offered in the Program are based on the opinions, experiences, and coaching strategies of the Company. No future guarantees can be made that you will achieve any results from the Content, and  the Company shall not be held responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury, or expense of any nature whatsoever, which may be suffered by you or any third party as a result of, or which may be attributable directly or indirectly to, your access and use of the Content. Purchasing the Program constitutes your explicit understanding and acceptance of this Disclaimer.

In fact, we make no guarantees whatsoever that you will achieve any results from the methods or coaching practices contained on this Program as results depend on many factors under your control.

The Program may include views or recommendations of third parties, which do not necessarily reflect the views of the Company or indicate its commitment to a particular course of action.

In any instance where we include any case studies or testimonials, you can assume that none of these stories represents the “average” or “typical” customer experience.

 

By accessing the materials in the Program you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the Content. In no event shall the Company be held liable for any injury, loss or damage resulting from use of, or reliance upon, the Content.

Age Requirement

You must be at least eighteen (18) years of age to participate in the Program.  

Passwords

If you are provided a password to access the Program, then that password is for your personal use only, unless otherwise specified. You agree, therefore, to be responsible for the security of your password.

Copyright and Trademark

All materials and content included in the Program, including but not limited to online workshops, digital downloads, video recordings, audio recordings, private coaching (“Content”), is subject to copyrights and trademarks owned by the Company. Any reproduction, retransmission, or republication (in whole or in part) of any part of the Content contained in any of the Company’s Products and on its website, is expressly prohibited, unless otherwise agreed and consented to in writing by the Company or any other copyright owner. All other rights reserved. You agree not to copy, edit, publish, and/or distribute any Content in the Program or on the Company website for any purpose whatsoever without prior arrangement or permission from the Company.

Program Delivery

The Content will be delivered via the Program website. In the case of unforeseeable delays, the Company is not required to compensate for damages or inconveniences caused by such delays.

It is your responsibility to enter the correct delivery email address at the time of ordering and paying for the Program in order to receive access to its materials. If you enter the wrong email address, we are not obliged to re-send the order to another email address. It is the responsibility of the customer (the purchaser of the Program) to inform the Company if an order is not delivered. We are not responsible in circumstances where delivery of the Program content cannot be made through fault of your computer’s inability to accept the Content via digital download. You therefore agree that a delay in delivery shall not constitute a failure of our agreement, and does not entitle you to cancel the Program.

Refund and Cancellation Policy

Please review the terms as stated in the signed agreement between you and the Company.

Currency

All prices shown on this Website are in United States Dollars (USD) and all payments must be made in USD.

DISCLAIMER OF WARRANTIES

ALL CONTENT AVAILABLE THROUGH THIS PROGRAM IS PROVIDED “AS IS.” THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THIS COMPANY NOR ITS AGENTS WARRANT THAT THE CONTENT WILL BE AVAILABLE INDEFINITELY, OR THAT SAID CONTENT IS ACCURATE, RELIABLE OR CORRECT.

FURTHERMORE, THE COMPANY DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS IN THE UNITED STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AGENTS, AFFILIATED COMPANIES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF THIS COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO THE COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT ALLOWABLE BY LAW.

Indemnification

Upon a request by the Company, you agree to defend, indemnify, and hold the Company and its other affiliated companies harmless and free of all liabilities, claims, and expenses, including attorney’s fees, that may arise out of your misuse of the Program material, or from your violation of the terms of use stated herein.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and the Company with respect to this Website and supersedes all prior or contemporaneous communications between you and the Company with respect to this Website and its Content. If any part of the terms stated herein is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Jurisdiction of Dispute Resolution

These Terms of Service and Product Use shall be governed by and construed in accordance with the laws of the State of Wisconsin. You hereby consent to binding arbitration in county of Milwaukee, in the State of Wisconsin to resolve any disputes arising under these terms.

Dated: February 7, 2018