You (referred to herein as “Client”) understand that the information received from Dr. Sara Smith (sometimes referred to herein as “Coach”) in connection with any Program or otherwise should not be seen as physical therapy, medical, nursing, nutrition or mental counseling advice and is not meant to take the place of you seeing licensed health professionals, including your doctor.
You understand and agree that (i) I am not providing health care, medical, nutrition or mental health services and will not diagnose, treat or cure in any manner whatsoever, any disease, condition or other physical or mental ailment of the human body, (ii) I am not acting in the capacity of a doctor, licensed dietician-nutritionist, massage therapist, physical therapist, psychologist or other licensed or registered professional, and (iii) you have chosen to work with me and participate in the Program voluntarily.
As your Coach, I encourage you to maintain a relationship with your primary care physician or doctors, medical providers involved in your health. In the event that you do not have one and/or do not have routine physicals, it is your responsibility to do so. Do not discontinue or change any treatment plan that you may be undertaking as a result of our sessions without discussing this change with your doctor or medical provider.
You acknowledge and take full responsibility for your life and well-being, as well as the lives and well-being of your family (where applicable), and all decisions made during and after the Program. In furtherance and not in limitation of the foregoing, you hereby and forever waive, release and discharge Dr. Sara Smith, Sara Smith Wellness LLC. , my heirs, executors, administrators, assigns, officers, agents, employees, representatives and all others acting on their behalf (the “Release Parties”) from any and all claims or liabilities for injuries or damages to your person and/or property or that your family (where applicable), including those caused by negligent act or omission of any of those mentioned or others acting on their behalf, arising out of connected with your participation in the Program or in connection with services provided by me or the Released Parties.
This Agreement may not be modified without the prior written consent of Client and Coach. The waiver by either party of a breach, right or obligation shall not constitute a waiver of any other or subsequent breach, right or obligation. If any provision of this Agreement is found to be invalid or unenforceable, for any reason, the remainder of this Agreement shall remain in full force and effect. This Agreement sets forth the entire agreement between the parties and supersedes all prior proposals, agreements and representations between the parties, whether written or oral, regarding the subject matter herein. Neither party may assign this Agreement without the prior written consent of the other party. This Agreement shall be binding upon and shall benefit the parties and their respective successors and permitted assigns. Except as provided to the contrary herein, those provisions of the Agreement that by their nature and context are intended to survive the termination of this Agreement, shall survive any termination of this Agreement. This Agreement shall be constructed and interpreted in accordance with the laws of the state in which the Coach resides without reference to its conflict of law provisions, and with the same force and effect as if fully executed and performed therein. Each Party hereby consents to the exclusive personal jurisdiction of the State and Federal Courts where the Coach resides, and acknowledges that venue is proper only in such courts.
NONDISCLOSURE & INTELLECTUAL PROPERTY
The coach will not voluntarily communicate any personal information- oral, written or digital to any other third party without your express and written permission. To protect any intellectual property of Dr. Sara Smith, and Sara Smith Wellness LLC., the Client agrees to not disperse or reuse any of the coaching materials created without the Coaches written permission.
The client understands and agrees that although never required, at times, personal and confidential information will be shared- only at the client’s discretion during any coaching interaction. This includes but is not limited to oral, written or digital methods. Strict confidentiality will be utilized by the Coach at all times. As it is not required by law, let it be known digital methods do not use highly secure connections and it is the sole responsibility of the Client to provide only the personal information they are comfortable with. The client does understand and agrees that personal information may be used for the purpose of this coaching program and to process payments. Be assured that Dr. Sara Smith, and Sara Smith Wellness LLC. will only release minimal necessary information to process payments.
No personal information will be released to any third party without written consent. To the maximum extent allowable by law, I will not release any identifying information about you or our relationship as client and coach without your written permission. At times, certain topics may be anonymously and hypothetically shared with other coaching professionals for training or consultation purposes only. Although not required by law for coaching services, let it be known that Dr. Sara Smith has been trained specifically in delivering HIPPA compliant care including exceptional confidentiality. At times, clients have decided to write a review for their coaching service- the client agrees by posting this review, themselves, in digital form, they have waived the need for any written consent and the client is deemed responsible for this decision.