SWW™ Client Services Agreement
CLIENT SERVICES AGREEMENT (the “Agreement”) Service Purchased: SWW Membership Program
This Agreement is made effective as of the date of purchase, by and between Sarah Wragge Wellness (hereinafter referred to as the “Coach”) and the client as named and signed below (hereinafter referred to as the “Client”). The Client and the Coach will collectively be referred to herein as the “Parties”.
The Parties hereby agree to the following:
1. Payment
The Client will pay the Investment pursuant to the following terms: purchase amount paid via credit card in full.
2. Program Renewal & Follow-up Sessions
The Client’s has the option to renew membership at the end of the term purchased. All future sessions and Programs are bound by the terms set forth in this Agreement.
3. Refund Policy
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.
4. Client Commitments
The Client agrees to book their 30-minute calls each month.
5. Coach Commitments
Sarah and the SWW team will reply to emails within a 24 hour period.
6. Disclaimer
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.
7. 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 24 hours in advance; otherwise, the Client will forfeit that appointment and will not have an opportunity to reschedule it.
8. 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.
9. Indemnification
Client agrees to indemnify and hold harmless the Coach, Sarah Wragge, and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Sarah Wragge Wellness LLC or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach.
10. 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 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 in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of indirect, consequential, special or other damages, unless specifically set forth herein, may be granted to the Client.
11. 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.
12. 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.