CLIENT SERVICE AGREEMENT - transFORM 10-Month Group Program
This Service Agreement is entered into and effective the date of first payment made by enrolling in the transFORM Group Prorgam, by and between Client, having an address listed on the Payment Form and Melissa Frederick (“Company”), having an address of 3541 Rankin St. Dallas, TX 75205
In consideration of Client retaining Company to join the transFORM Group Program, it is agreed as follows:
1. SCOPE OF TRANSFORM 10-MONTH GROUP PROGRAM
Client hereby retains Company to provide access to TransFORM 10-Month Group Program by purchasing this 10 Month Health Coaching Program.
(a) transFORM 10-Month Group Program includes the following services:
Meet with the group members and myself 3 times a month to feel continually supported on your personal journeye affected, impaired or invalidated.
1 x group coaching call per month with me and your sisterhood of fellow “transformers”. The group calls are themed so you’ll all be learning about specific topics that are important in long term weight loss with enough time for questions and 1:1 support.
2 remote (or in person) healing sessions. ACCESS BARS healing - focus on releasing past life blocks, restrictive boundaries, and subconscious thought patterns. These healing sessions will cleanse your slate to release stagnant energies that are keeping the weight stuck.
5 Day retreat in Sayulita Mexico. Accommodations, food, and mini photo-shoot included. This retreat is to celebrate how far you’ve come, to work through recurring struggles, connect with your sisters, to learn from and support them in person, and to connect with yourself. We’ll spend time by the ocean, doing yoga, enjoying the pool and eating nutritious and delicious foods. And you get to come - for free!
(b) Additional services, beyond those described above, will require additional fees to be discussed and agreed upon by the parties.
2. CLIENT DUTIES
(a) Compensation: In consideration for the services provided by Company to Client as set forth in paragraph 1 above, Client agrees to pay Company a program fee of $11,000 (US) or 10 monthly payments of $1,111.00. Company’s obligation to render services hereunder is conditioned upon Client’s payment of said fee on a timely basis. Company reserves the right to withhold project delivery until all outstanding project fees and assessed penalties are paid in full.
Note: We've agreed that Client will pay Company monthly via credit card according to invoices. The investment in USANA products will be paid monthly to USANA on recurring auto order.
(b) Tools to be Provided by Client: Client agrees to provide all tools, information and documentation that may be required by Company to effectively perform said responsibilities in connection with the performance of services.
(c) Additional Client Responsibilities:
i) Call on time (via phone) at our scheduled times. You’ll have my full undivided attention for each of our scheduled sessions.
ii) Fill out pre-session Prep Form at least 1 day before each of our sessions.
iii) If something comes up and you need to reschedule, you must do so at least 48 hours in advance of the scheduled appointment. If you pass the 48 hour mark, you’ll forfeit that week’s session and will begin again at the next scheduled session.
iv) If, at any point, there is something recommended or suggested that you feel uncomfortable with, or do not connect with please express so immediately so we can investigate if it is due to resistance, intuition, or beliefs and work through it or adjust if necessary.
v) Take 100% full responsibility for getting the results you desire. I will show up 100% for you, and you must be willing to do the work, ask questions when you’ve got them and reach out for support when you need it.
vi) I will always stand for your dreams and hold you to them. All I ask is that you show up on time, implement what I ask you to implement, tell the truth, keep an open heart and mind, and follow through with the action steps we decide are best for you to keep you in momentum.
EMAILING IN BETWEEN APPOINTMENTS
E-mail and text will be available for communication with Coach and Client the program.
For questions regarding scheduling or the Program, please email: firstname.lastname@example.org as it is the client email address. The Company will answer your questions Monday-Friday during non-holiday and vacation weeks. Please allow for a 48 hour response time. The Client understands that email sent on a Saturday or Sunday may receive a response on the following Monday or Tuesday.
This engagement shall commence on November 26th and shall continue through completion of the program August, 2019.
Due to the special nature of transFORMation 10-Month Group Program, by signing this agreement Client is committing not only to paying the amount due in monthly installments ($1,111) but also to participating to the fullest extent for the duration of the 10 months.
Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program and regardless of whether Client has selected a lump sum or monthly payment plan. If Client elects to discontinue their participation in the Program for any reason, Client is still responsible for any and all outstanding balance(s). To further clarify, no refunds will be issued and all scheduled payments must be made on a timely basis.
5. NO GUARANTEES
Company cannot guarantee the outcome of coaching services and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantees other than that the services described in Paragraph 1(a) shall be provided to Client in accordance with the terms of this agreement. Client acknowledges that Company cannot guarantee any results for Coaching as such outcomes are based on subjective factors that cannot be controlled by Company.
(a) Client Information: Any and all Client information and data of a confidential nature, including but not limited to any and all performance, know how, health and wellness information (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified hereunder without Client’s express written consent. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information. Upon request, Company hereto will promptly return or destroy all documents containing Confidential Information and delete all electronic records of or containing the same.
(b) Public Disclosure: Neither party may disclose the terms of this Agreement. Neither party shall make any formal or informal public statement, press release or other announcement regarding the existence or terms of this Agreement without the other party’s prior written approval.
(c) Non-Disparagement: Member shall, during and after the participation in and use of the Company’s services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
(a) Company’s Warranties: Company represents, warrants and covenants that Company has full authority to enter into this Agreement and that all of the services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Client’s Warranties: Client represents, warrants and covenants that Client has full authority to enter into this Agreement and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
8. LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, HEALTH ISSUES, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
(b) IN NO EVENT SHALL A PARTY’S LIABILITY EXCEED THE FEES PAID UNDER THIS
AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
9. ENTIRE AGREEMENT; MODIFICATION; WAIVER
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and 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 or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
10. NEUTRAL CONSTRUCTION
This Agreement was prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement, except to a wholly owned subsidiary entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under this Agreement.
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as follows:
To Company at: 3541 Rankin St. Dallas, TX 75205
To Client at: 602 Dover Heights Trl. Mansfield, TX 76063
Any party may change its address for purposes of this paragraph by giving the other
parties written notice of the new address in the manner set forth above.
13. GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any court proceeding based on or arising out of this Agreement shall be in Dallas, Texas. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
14. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
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 effect and shall in no way be affected, impaired or invalidated.
16. ELECTRONIC ACCEPTANCE OF TERMS
IN WITNESS WHEREOF, the parties to this Agreement have duly executed it on the day and year first above written, by agreeing to the Terms of Service within the Payment Form Check Box.