The Client understands that the role of Swellness Coaching LLC is not to prescribe or assess micro- and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Coach is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health & wellness goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that the Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by the Coach is not meant to take the place of advice by these professionals. If the Client is under the care of a health-care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting with his or her doctor.
The Client has chosen to work with Swellness Coaching LLC and/or the Swellness Coaching LLC programs and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS
The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this program.
The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases the Coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against the Coach, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Coach.
Swellness Coaching LLC will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law.
Swellness Coaching LLC agrees to maintain confidentiality and a safe space. Client agrees to maintain confidentiality and contribute positively to the group coaching discussions (if applicable). An example of Confidentiality includes, but is not limited to, mentioning someone else’s information or story on a public forum (like social media sites.)
Please consider your investment non-refundable. However, refunds are considered on a case by case basis. If you are not satisfied with the program and would like to request a refund, please submit a letter of explanation to [email protected] within seven days of the course start date.
Sharing logins is prohibited and those suspected of sharing will have their access revoked.
ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
In the event that there ever arises a dispute between Swellness Coaching LLC and Client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the Program Fee/Coaching Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth
herein, may be granted to the Client.
This agreement shall be construed according to the laws of the State of Hawaii. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.