Monthly Nutrition Coaching Exclusive to Oakwood Clients

CLIENT SERVICES AGREEMENT (the “Agreement”)

Service Purchased: SWW® Membership Program (“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 purchasing the Program (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 be obligated to pay any and all fees for the subscription to the Program as identified during the purchase process (“Investment”).  The Client will pay the Investment pursuant to the following terms: purchase amount paid via credit card in full, monthly for the duration of the subscription.  Failure to make any payment when and as due will result in a material breach of this Agreement and the Coach shall have the immediate right to terminate this Agreement.  In the event of such termination, the Client shall continue to be obligated for all fees due and owing, as well as all other fees that would have been during and owing for the duration of the Term, and any resultant fees for scheduled by not timely cancelled appointments at set forth in this Agreement.   

2. Term, Program Renewal & Follow-up Sessions

The “Term” of this Agreement shall be equal to the term identified by the Client at the time of purchasing the Program.  The Client has the option to renew membership at the end of the term purchased and at the end of each renewal term. All future sessions and Programs are bound by the terms set forth in this Agreement and the Client shall make the initial Investment payment at the time of renewing the Term.

3. Refund Policy

The Client must give 14 days notice to cancel the Client’s subscription.  The date that is 14 days from the Client’s notice shall be considered the “Termination Date.”  If a monthly Investment payment is due prior to the Termination Date, the Client shall remain obligated to make such Investment payment.  The Client’s termination of this Agreement shall relieve the Client of the obligation to make future payments, but no refunds will be issued for past payments and the Client shall remain obligated to the Coach for all payments due and owing.

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 immediately cancel the Program.  Upon a cancellation by the Coach, the Client shall remain responsible for all payments due and owing and no refunds will be issued for prior payments.

4. Client Commitments

The Client agrees to book their allotted 30-minute calls each month.

5. Coach Commitments

The Coach will reply to emails within 24 hours of the first business day after sending the email.

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 12 hours before the scheduled appointment. Cancellations made 12 hours or less before an appointment, as well as missed appointments, will incur a $150 fee. Rescheduling subject to availability.

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 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.

10. 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. 

11. 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 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.

12. 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.

13. 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.

Sarah Wragge Founder Wraggemamma LLC DBA