COACHING SERVICES AGREEMENT
This Coaching Services Agreement (the “Agreement”) is a legal agreement between you and SFK, LLC, a limited liability company (“Company,” “we,” or “us”) with a principal business address of PO Box 651, Grand Ledge, MI 48837. This Agreement contains the complete terms by which you may enter into a coaching services agreement with us.
THE INFORMATION THAT WE MAKE AVAILABLE TO YOU THROUGH OUR COACHING SERVICES IS FOR YOUR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE ON DIAGNOSING OR TREATING DIGESTIVE ISSUES AND RELATED MATTERS. BY ENTERING INTO THIS AGREEMENT, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND US. YOU FURTHER CONFIRM YOUR UNDERSTANDING THAT OUR COACHING SERVICES SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR AREA.
By clicking on the button at the bottom of this Agreement, you agree to be bound by the terms set forth below.
1. COACHING SERVICES
(a) Coaching Packages. We currently offer one coaching option, which we will described below:
(1) Education Sessions: Our education sessions provide direct telephone support in the form of one-half (1/2) hour or one (1) hour sessions scheduled with one of our coaches to meet your needs. The total number of sessions is based on the amount of time you purchase.
(b) Payments. Our coaching fee is due and payable on the date when you first agree to the terms of this Agreement (the “Effective Date”). We accept as payment PayPal and all major credit cards, including but not limited to VISA, Mastercard, American Express, and Discover. In the event of any charge-backs which result in our incurring past due bills on your account, we reserve the right to submit your past due invoice to our collections agency for credit reporting. In such case, you agree to pay all costs of collection and attorneys fees.
The following terms and conditions will survive any termination of this Agreement until they are fully exhausted: Sections 1(b), 2, and 7-16.
2. CONFIDENTIAL INFORMATION
You acknowledge and agree that we will be sharing with you non-public, proprietary information, including but not limited to our trade secrets, know-how, and strategies, all of which constitute our Confidential Information.
You expressly agree that during the Term of this Agreement, any Renewal Periods, and thereafter you will treat as confidential and not disclose to any other individual or business any and all Confidential Information that you obtain through us.
3. WARRANTY; GENERAL DISCLAIMER
You warrant and represent that you are an individual who is at least eighteen (18) years of age and capable of forming legally binding contracts.
In addition, you warrant and represent that your obligations under this Agreement will not conflict with or violate any contractual obligations under any other Agreement with any third party or a violation of any other applicable law or regulation. You also warrant and represent that (a) you will comply with the terms, conditions, obligations, representations, and warranties set forth in this Agreement; (b) that you will abide by all the terms and conditions set forth herein; and (c) that you will be financially responsible for all payments due and payable under this Agreement and will perform in accordance with your representations and warranties hereunder.
Your use of the coaching services and your reliance on any information contained therein shall be at your sole risk. You assume all risk of injury, loss, damage, or liability which may arise from your use and reliance on any of our coaching information and advice.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4. NO MEDICAL ADVICE
The information, advice, materials, and resources utilized in our coaching services have been prepared for informational and educational purposes only by our coaches, who have personal experience with digestive issues but are not licensed and trained medical professionals. Any coaching advice shall not be construed as medical advice or a professional medical opinion on any facts or circumstances.
The opinions and advice provided in the coaching services solely belong to the coaches and were rendered based on specific facts, under certain conditions, and were subject to certain assumptions, which should not be relied upon for any other purposes, including but not limited to use for or in connection with any legal proceeding.
The information that our coaches provide is not guaranteed to be accurate, up-to-date, correct, or complete, and you should not rely on it to make any medical or health-related decisions. If we provide any specific examples of outcomes, please be advised that we cannot guarantee a similar outcome in your case or in the case of a third party. Such outcomes may not be typical for all individuals. No information or advice that we provide is intended to replace the services of a licensed, trained physical or health professional, or to be a substitute for the medical advice of a physician or trained health professional. You should never disregard professional medical advice or delay in seeking it because of any information or advice that our coaches may have provided to you.
5. DIETARY CHANGES; SUPPLEMENTS
If we provide any information, advice, materials or resources regarding dietary changes or supplements to add to your diet, such advice is based solely on the personal experiences and opinions of the coaches. You should always consult your physician prior to making any dietary changes. Also, in the event that any allergic reaction occurs, you should also discontinue your use of such product immediately.
Please be advised that the U.S. Food and Drug Administration (“FDA”) does not evaluate or approve dietary supplements. The manufacturer of any supplement is solely responsible for ensuring the accuracy and truthfulness of all packaging claims. In addition, please be advised that dietary supplements are not intended to diagnose, treat, cure, or prevent any disease.
If you think that you have suffered a serious harmful effect or illness from a dietary supplement, you should immediately contact or see your healthcare provider immediately. You may report a serious adverse event or illness by calling FDA at 1-800-FDA-1088, by faxing the FDAat 1-800-FDA-0178 or by reporting the problem via the FDA website at www.FDA.gov. In addition to communicating with the FDA online or by phone, you may use the postage-paid MedWatch form available at the FDA website.
No information, advice, materials, or resources that we provide through our coaching services should be construed as an endorsement of any third party product. Please exercise reasonable caution and normal due diligence prior to your use of any third party product that is introduced to you through our coaching services.
If at any time, we provide information, advice, materials, or resources regarding exercises to add to your fitness regime, such advice will be based solely upon the personal experiences and opinions of the coaches. You should consult your physician prior to making any changes to your fitness regime.
7. LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES
You agree that we will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement, including but not limited to damages for loss of profits, loss goodwill, loss of business opportunities, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you for all claims in the aggregate shall in no event exceed the greater of the aggregate amount of all fees actually collected by us from you. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
8. RELEASE OF CLAIMS
To the maximum extent permitted by applicable law, you hereby release and waive our Company, our coaches, officers, members, managers, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to our coaching services and this Agreement. If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of possible differences in fact. You expressly waive and relinquish any and all rights which you may have had under any applicable law principle of similar effect, to the fullest extent permitted by law.
You expressly agree to indemnify, defend, and hold harmless our Company, our coaches, officers, members, managers, employees, independent contractors, representatives, and agents against any third party claim arising from this Agreement and/or your relationship with us, including but not limited to damages, costs, expenses, suits, judgments, litigation costs, and attorneys fees.
10. ENTIRE UNDERSTANDING
You agree that this Agreement contains our entire understanding with respect to the subject matter contained herein, and that the Agreement shall supersede all prior agreements and understandings, whether written or oral. You agree that there will be no restrictions, promises, covenants, or understandings other than those expressly set forth herein, and that no rights or duties on the part of either party are to be implied or inferred beyond those expressly provided for.
11. GOVERNING LAW; DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in Grand Ledge, MI by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction.
You agree that if any provision of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. You agree that we will negotiate and amend in good faith any such provision in a manner consistent with our intentions, if any invalid or unenforceable provision affects your or either party’s consideration under this Agreement.
You agree that the terms of this Agreement shall automatically be assigned in the event of a merger or acquisition of all or substantially all of our business assets and be binding upon the successor business entity. This Agreement shall also be automatically binding upon your heirs, executors, and legal representatives.
We may modify our standard Agreement terms at any time, but you will only be bound by our amended terms if you expressly accept them when you enter into a new Agreement with us.
Any notices required or permitted to be given to us hereunder shall be sent to the address set forth below, or to such other address that we specify in writing. Such notice shall be deemed to be given upon personal delivery or three (3) days after the date of mailing when sent by certified or registered mail, postage prepaid.
No waiver by us of any breach of this Agreement, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission on the part of either of us to exercise any right, power, or privilege hereunder be deemed a waiver of any such right, power, or privilege.
Should you have any questions, complaints, or other concerns about this Agreement, or you want to contact us for any other reason, then you should direct all communications to our email address at [email protected]