HEALTH COACHING AGREEMENT

HEALTH COACHING AGREEMENT


This Health Coaching Agreement (“Agreement”) is entered into on[Date Above] (“Effective Date”) by and between John Milliken Health Coach LLC, located at 84 W Broadway Ste 200, Derry, Hillsborough, NH 03038 US (“Company” or “Me”), and [NAME OF CLIENT – name above] (“Client” or “You”). Coach and Client may be referred to herein collectively as the “Parties” or individually as a “Party.”


Recitals
Coach provides health coaching and consulting services and delivers personalized support, as more fully described in this Agreement;
Client understands that Company provides health coaching and consulting only, and that this is not an agreement for medical services;
Client understands that nothing in this Agreement or the Services provided are intended to diagnose, treat, prevent or cure any medical or mental health disease, condition, illness, or ailment; and
Client, according to the terms of this Agreement, wants to engage Coach to obtain such services and support.
THEREFORE, the Parties agree as follows:
AGREEMENT
1. Definitions. Throughout this Agreement, the following terms shall have the following meanings:
“Company” shall mean John Milliken Health Coach LLC, together with any and all of its coaches.

“Coach” shall mean John Milliken, Master Primal Health Coach.

“Client” shall mean the individual (or individuals) specifically listed above and documented on the appropriate Client Intake Form(s).


2. Services. Services shall mean those services specifically enumerated in this section and shall exclude any and all other services not specifically enumerated, including, but not limited to, medical services or those services Company is not equipped, licensed or otherwise capable of providing as part of this Coaching Agreement.
Services include:

An initial 60-90 minute one-on-one intake session and eleven (11) 30-60 minute one-on-one coaching sessions. Sessions take place using a video call platform.

Email support – client may email coach with questions at any time. Coach may take up to forty-eight (48) hours to respond, and reserves the right to postpone answering the question until the next scheduled session if Coach deems it necessary.

Access to educational content in the form of weekly reading material (delivered via email).
An initial intake form and weekly check-in forms made available to the client prior to weekly coaching sessions.
3. Term. This Agreement shall be an initial twelve (12) week contract, commencing on the Effective Date.
4. Fees. In consideration for the Services provided, Client agrees to pay Company either:
Nine hundred USD ($900.00), and shall be paid on the Effective Date. Failure to pay will result in a temporary suspension or pause of the program, and in extreme cases, may result in termination of the program.
Three (3) monthly payments of three hundred thirty-five USD ($335) each. Failure to pay will result in a temporary suspension or pause of the program, and in extreme cases, may result in termination of the program.
If Client chooses not to finish the program, Client will be reimbursed only for the price of sessions which have not happened yet, as determined on a pro-rata scale, minus a service fee of fifty USD ($50). For example, a Client who paid the $900 upfront and has already had six sessions (half of the program) would receive a partial refund of half the price ($450) minus the service fee ($50), for a total refund of $400.
No refund is available for sessions which have already happened.
5. Additional Services. If Client requires or requests services that surpass those described in paragraph 2 (“Services”) above, Client shall pay Company at the time of service at its standard rate for the services provided.
If a Client needs to reschedule either one (1) or (2) sessions and gives adequate prior notice (as described below), the rescheduled session(s) will be completed after the twelve-week period at no extra charge.
If more than two (2) sessions need to be rescheduled, the Client will need to pay the standard fee for additional sessions.
If the Client desires additional coaching after the twelve sessions are completed, or needs to reschedule more than two (2) sessions, the client may agree to have additional thirty to sixty (30-60)-minute weekly sessions as needed, for a price of fifty USD ($50) a week, paid before the session. The client shall still receive a check-in form prior to these extra sessions, but no additional educational content.
6. Ownership Of All Intellectual Property
All informational content included as part of the Services provided, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Services, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the content provided by the Company are the trademarks of their respective owners.
Your participation in the Services provided does not result in a transfer of any intellectual property to You, and, as a condition of participation in the coaching Services provided, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the provided educational content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, provided as part of the coaching Services.


The Company content is not for resale. Your participation in the Services provided does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the coaching Services provided will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
7. Personal Responsibility. You accept personal responsibility for the results of your actions. You agree that Company has not made any guarantees about the results of taking any action, whether recommended by Company or not. The Company provides educational and informational resources that are intended to help participants succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles included in the Course are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended by Coach or Company.
8. Termination.
By Company. Company may terminate this Agreement for any reason whatsoever, with or without cause, upon giving seven (7) days’ written notice to Client. If Company terminates this agreement, Client shall receive a partial pro rata refund (e.g. termination six weeks through a twelve week program will entail a 50% refund).
By Client. Client may terminate this Agreement for any reason whatsoever, with or without cause, upon giving seven (7) days’ written notice to Company. Client will only be reimbursed for sessions which have not yet happened on a pro rata scale, minus a service fee of fifty USD ($50) as explained above.
9. Disclaimer and Non-Medical Relationship.
Company and Coach have used care in preparing the information provided to you, but the Services and all related materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience. Client acknowledges and agrees that Coach is not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience as a result of the Services. Nothing related to the Services is intended to be considered medical, mental health, legal, financial, or religious advice, nor is it intended to replace the expertise, care, judgment or guidance of your own medical or mental health practitioners, clergy members, accountants, attorneys or financial advisors. It does not, nor is it intended to, provide medical nutrition therapy, psychotherapy, psychological counseling, behavioral health, or a personalized assessment of macronutrients or micronutrients. This Program shares general information, not personalized recommendations. It is not preventing, treating, or curing any medical or mental health disease, condition or ailment. For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. If you are currently under the care of a medical or mental health practitioner or currently use prescription medications, do not make any dietary changes or start or stop taking any dietary supplements or medications because of anything you have read or received through this Program without first consulting with your doctor. Any recommendation of any product or supplement mentioned in or through this Program is offered for educational purposes, and you agree to check with your own medical professional before using any of these products or supplements on, in or near your body in any way. You understand that the statements, information, supplements or products provided in or through this Program have not been evaluated by the Food and Drug Administration (“FDA”).
10. Communications.
Communications with Coach shall be by e-mail. Coach will endeavor to respond within 48 hours. Any inquiries related to the Services are for quick questions that warrant brief clarifying responses. It shall be within the sole discretion of Coach to determine if the question response needs to happen within the context of the next call/appointment.
If you need to reschedule or cancel a call/appointment, you must do so at least 24 hours in advance of your scheduled appointment, IN WRITING, by sending an e-mail to john@jmillikenhealthcoach.com. Failure to provide proper notice will result in a forfeiture of that appointment.
Client understands and agrees that e-mail is not an appropriate means of communication regarding emergency or other time-sensitive issues or for inquiries regarding sensitive information. In the event of an emergency, or a situation which Client reasonably believes could develop into an emergency, Client shall call 911 or proceed to the nearest emergency room, and follow the directions of emergency personnel.
11. Severability. If for any reason any provision of this Agreement shall be deemed, by a court of competent jurisdiction, to be legally invalid or unenforceable in any jurisdiction to which it applies, the validity of the remainder of this Agreement shall not be affected. Any invalid or unenforceable provision shall be modified to the minimum extent necessary so as to remove the basis for invalidity or unenforceability.
12. Amendment. This Agreement may be amended at any time provided that it is made in writing and signed by Company and Client.
13. Assignment. This Agreement, and any rights Client may have under it, may not be assigned or transferred by Client. Company may assign this Agreement in whole or in part provided Company provides Client with written notice of such assignment.

14. Relationship of Parties. Client and Company intend and agree that Company, in performing Services pursuant to this Agreement, is an independent contractor, as defined by the guidelines promulgated by the United States Internal Revenue Service and the United States Department of Labor, and Company shall have complete control over the manner in which the Services are performed.
15. Legal Significance. Client understands and acknowledges that this Agreement is a legal document that creates certain rights and responsibilities. Client represents and warrants that he/she has had reasonable time to seek legal advice regarding this Agreement and has either chosen not to do so or has done so and is satisfied with the terms and conditions of this Agreement.
16. Force Majeure. Neither Party shall be liable to the other for the failure or delay in the performance of any of the obligations under this Agreement when such failure or delay is due, directly or indirectly, to any act of God, acts of civil or military authority, acts of public enemy, terrorism, fire, flood, strike, riots, wars, embargoes, governmental laws, orders or regulations, storms or other similar or different contingencies beyond the reasonable control of the respective Parties.
17. Miscellaneous. This Agreement shall be construed without regard to any presumptions or rules requiring construction against the Party causing the instrument to be drafted. Captions in this Agreement are used for convenience only and shall not limit, broaden, or qualify the text.
18. Entire Agreement. This Agreement contains the entire agreement between the Parties and supersedes all prior oral and written understandings and agreements regarding the subject matter of this Agreement.
19. Notice. All written notices are deemed received by Company if sent to the email address john@jmillikenhealthcoach.com and by Client if sent to the Client’s email address appearing in this Agreement. If Client changes his/her email address, Client shall notify Company promptly of his/her change of email address.
20. Governing Law; Venue; Waiver of Jury Trial. It is the intent of Coach and Company that any disputes be resolved amicably between the parties through effective communication and a spirit of cooperation. However, should an amicable resolution not be reached after thirty (30) days of good-faith negotiations, any controversy or claim arising out of or relating to this Agreement, shall be settled by binding arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made more than two (2) years from when the aggrieved Party knew or should have known of the controversy, claim or dispute. The number of arbitrators shall be one. If the Parties are unable to agree upon the selection of an arbitrator within twenty-one (21) days of commencement of the arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association. The place of arbitration shall be Hillsborough County, New Hampshire, and New Hampshire law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each Party shall pay its own proportionate share of arbitrator fees and expenses.


BOTH PARTIES EACH IRREVOCABLY WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY LEGAL PROCEEDING RELATING TO THIS AGREEMENT.