Lifestyle Program - Level 5

CLIENT SERVICES AGREEMENT (the “Agreement”)

Client Name: See the below-printed name and signature fields.

Service Purchased: SWW™ 1:1 Nutrition + Lifestyle Program (the “Program”).

This Agreement is made effective as of the date noted below, by and between Wraggemamma LLC, DBA Sarah Wragge Wellness (hereinafter referred to as the “Coach”) and the client purchasing the Program (hereinafter referred to as the “Client”). The Client and the Coach will collectively be referred to herein as the “Parties”.

1. Term, Program Renewal & Follow-up Sessions

The Program will run for a period of twelve weeks with one additional week to schedule coaching sessions, as set forth in Section 3, starting on the Effective Date (“Term”).  At the conclusion of the Term, the Client has the option to renew this Program or sign-up for the SWW™ membership program. All future sessions and Programs are bound by the terms set forth in this Agreement or the terms governing such sessions and Programs provided by the Coach to the Client at the time that the Client elects to renew the Program or enroll in a membership program.

1. Fees and Refund Policy

The fees for the Program are set forth in the fee scheduled provided by the Coach to the Client are due on or before the Effective Date, except to the extent that the Coach, in the Coach’s sole and absolute discretion, has consented to a payment plan and the Client has executed the Payment Plan Addendum.  The Coach will do everything within her ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. If, at any point, the Coach feels it is not advantageous for the Program to continue, she reserves the right to cancel the Program. No refunds will be issued, except as set forth in Section 8.  In addition, the Client may, from time to time, request products from the Coach or authorize the Coach to purchase products on the Client’s behalf.  The Client shall be responsible for all fees associated with such purchases and such fees shall be due and payable immediately upon purchase. 

1. Program Terms

If the Client has not used all of his/her coaching sessions within 1 week of the Program end date, all remaining sessions will be forfeited without refund. The Client’s Program start date is made effective as of the signed agreement date (“Effective Date”). The Client’s Program completion date is defined by the client’s chosen program length.

1. Client Commitments

The Client agrees to the following as part of the Program:

• The Client shall participate fully in the Coaching Calls, and any other part of the program, to the best of his/her ability.
• The Client shall immediately inform the Coach and, if applicable under Section 6, the appropriate medical professional of any issues, difficulties, allergies, injuries, or health issues he/she may have that may have any impact on the Program.
• The Client shall complete payment of the Investment according to the Terms herein.

1. Coach Commitments

The Coach agrees to the following as part of the Program:

• The Coach shall participate fully and intently in the Coaching Calls, and any other part of the program, to the best of his/her ability.
• The Coach will support the Client to the best of his/her abilities in accordance with Section I of this Agreement.
• The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will

the Coach disclose or communicate, in any manner, any information to a third party about the Client. The Coach will not divulge that the Parties are in a coaching relationship without your express permission.

• The Coach agrees to conduct the Coaching Calls/Sessions by phone, in-person, or via FaceTime or Zoom Video Conferencing.

1. Disclaimers

The Client understands that the Coach is a Holistic Health and Nutrition Coach.

The Coach is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with his/her physician before implementing changes or habits suggested by the Coach. The Client confirms that s/he has or will discuss any and all changes to his/her diet, exercise regimen, supplements, medications, or lifestyle with his/her physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to his/her lifestyle. The Client understands that the Coach is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist.

Further, the Coach has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her life.

The Client acknowledges and agrees that, should the Coach and/or any of its agents, employees, representatives, successors, and assigns (“Affiliates”) recommend any medical professionals or services to the Client, the Client's engagement with such professionals or services is entirely at the Client's own discretion and risk. The Client shall be solely responsible for all costs, payments, and liabilities incurred as a result of such engagements. The Coach and the Affiliates shall not be liable for the advice, actions, or inactions of any medical professional or service provider recommended by the Coach and/or its Affiliates. The Client hereby releases and holds harmless the Coach and the Affiliates from any claims, damages, losses, or liabilities arising from or related to the medical advice or services provided by any referred medical professional or service provider.

The Client further acknowledges and agree that, in the event that the Client purchases products from the Coach or requests that the Coach purchase products on the Client’s behalf, the Coach does not make any representations and warranties about such products and the terms and conditions of such purchase shall be governed solely by the terms and conditions of the merchant selling such products.  The Client’s sole recourse with respect to such products shall be against the merchant selling such products and the Coach shall not be responsible for any defect, injury, harm, loss, or other damage incurred by Client as a result of such products. 

1. Cancellations & Rescheduling Appointments

The Coach, understands and is respectful of her clients’ busy schedules. Accordingly, each session will end 30 minutes after it was scheduled to begin. Please be on time. If the Client needs to cancel or reschedule the appointment, the Client must do so 12 hours before the scheduled appointment. Clients can reschedule 2x calls per program. Cancellations made 12 hours or less before an appointment, as well as missed appointments, will be forfeited.

1. Release and Limitation of Liability

Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

1. Indemnification and Attorneys’ Fees

Client agrees to indemnify and hold harmless the Coach, Sarah Wragge, and its agents, employees, representatives, successors and assigns from all direct and indirect damages, harms, claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against or incurred by Sarah Wragge Wellness LLC or the Coach arising out of or related to the services provided by the Coach, the Program, or this Agreement, including, but not limited to, damages, harms, claims, losses, expenses, fees arising out of or related to the negligence of the Coach, Sarah Wragge, or their agents or employees..  Additionally, the Coach shall be entitled to recovery any and all attorneys’ fees and costs incurred or associated with the negligence or the breach of this Agreement by the Client. 

1. Confidentiality and Non-Circumvention

Client acknowledges and agrees that the Program is the confidential intellectual property of the Coach and is comprised of specially designed techniques and strategies.  The Client covenants and agrees that the Client will not: (a) decompile, disassemble, or otherwise use or attempt to use the Program or any of its component parts, except for the purpose authorized by this Agreement; (b) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on any products or materials associated with the Program; (c) prepare or create, or have prepared or created, any work that is based in whole or in part upon the Program or its components; or (d) sell or otherwise use the Program or its component parts for personal gain, other than as expressly authorized in this Agreement. 

1. Arbitration

In the event that there ever arises a dispute between Coach 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 with JAMS or AAA, before 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 is governed by Section 8.   Notwithstanding anything in the foregoing to the contrary, this provision shall not apply to: (a) a breach of Section 10 of this Agreement by the Client, in which case the Coach shall be entitled to apply to a Court of competent jurisdiction for damages and a preliminary and permanent injunction; or (b) if applicable, a breach of the Payment Plan Addendum. 

1. Entire Agreement and Applicable Law

This agreement shall be construed according to the laws of the State of [New Jersey]. 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.

1. Severability

The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, the Client acknowledges that: (1) he/she has received a copy of this letter agreement; (2) he/she has had an opportunity to discuss the contents with the Coach and, if desired, to have it reviewed by an attorney; and (3) the client understands, accepts and agrees to abide by the terms hereof.