CLIENT SERVICES AGREEMENT (the “Agreement”)

This Agreement is made effective between Whitney Marie Health, LLC (hereinafter referred to as the “Coach”) and you as the participating individual in SugarSmart Health (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:

Program/Service Description

The core principles of the The SMART Method and SugarSmart Coaching is to help individuals change their habits, thoughts, and emotions surrounding food with aligned nutritional strategies so individuals can improve their metabolic health. 

1. Education: Online course 

2. Coaching: Live coaching/Q & A calls are provided for practical application of the materials taught in the course. Group coaching only, access to recordings will be available if unable to make it live.

3. Worksheets and Resources: accompany the online course  

4. Written support: The Coach may post, offer support, and answer questions. Please allow up to 48 hours for a response. It is requested that the Client’s behavior is polite and respectful. Group program online private support community only: Should the Client’s behavior be deemed inappropriate or offensive, the Coach has the right to remove the Client from the support community with immediate effect. Each Client in the group is responsible for their own behavior. The Coach will not be held responsible for the behavior or actions of other Clients. 

5. One to one coaching: The Client must provide the Coach 48 hours notice if they are unable to attend the scheduled 1:1 session. They are allowed to reschedule one time during the three month program. Should the Coach need to reschedule a coaching session, the session will be rescheduled at a time convenient for the Client.

The one hour session offered as a fast acting bonus during group coaching program is reserved for Client’s who purchased within the first 24 hours of doors opening for Group Coaching. The offer will be completed in a first come, first serve basis for the first 10 paying Clients. Scheduling the 1:1 session will take place during the time of the three month program. This will be an agreed upon time that works for both the Coach and Client.

Payment

The Client will pay the Investment pursuant to the following terms:

1.   Monthly investment option as declared on offer 
2.   Pay in full investment option as declared on offer
3.   Returning clients will be offered a discounted price decided at the time of enrollment

Payment may be completed by credit card payment via the invoice sent to the Client. Payments will be collected and reported in Kajabi Payments.

Refund Policy 

The Coach will do everything within their ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. 

Group coaching 45-day refund will be granted if the Client shows they fully participated in the program. The Client will need to complete 6 weeks of the online course, send completed weekly worksheets and exercises to [email protected], and attend weekly group coaching in order to receive a refund for either the monthly or pay in full plan. 

If, for any reason, the Coach is unable to fulfill their obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered.

No Chargebacks

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.

Term & Termination

The Client understands that the Parties do not have a Client/Coach relationship after the end of the three month Program (the “Term”). If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon. 

The Client may not terminate the Agreement prior to the end of the Term. The Coach may, for any reason, terminate the Agreement prior to the end of the Term, with a refund issued to the Client for any unused portion of the Program.

Client Commitments

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

1.   The Client shall participate fully in the Coaching Calls, and any other part of the program, to the best of their ability.
2.   The Client shall immediately inform the Coach of any issues or difficulties they may have with the Program.
3. Coach Commitments

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

1.  The Coach shall participate fully and intently in the Coaching Calls, and any other part of the program, to the best of their ability.
2.  The Coach will support the Client to the best of their abilities in accordance with Section I of this Agreement.
3.   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.
4.   The Coach agrees to conduct the Coaching Calls/Sessions virtually. 

Disclaimer

The Client understands that the Coach is a Health Coach.

The Coach is not acting as 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 their physician or primary care provider before implementing changes or habits suggested by the Coach. The Client confirms that s/he has or will discuss any and all changes to their diet, exercise regimen, supplements, medications, or lifestyle with their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to their lifestyle.  The Client understands that the Coach is not acting in a medical provider-to-patient relationship.

Further, the Coach has not promised, nor shall they 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 their life. 

The advice and resources provided in this program is not for persons with a diagnosed active eating disorder. Please seek a licensed specialist or reach out to the ANAD Eating Disorder Helpline 1-(888) 375-7767. 

Cancellations & Rescheduling Appointments

Should the Coach need to reschedule a coaching session, the session will be rescheduled at a time convenient for the Client & remaining Clients. 

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. 

Indemnification

Client agrees to indemnify and hold harmless the Coach, Whitney Marie Health, LLC, 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 Whitney Marie Health, 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.

Arbitration 

Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then-current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Utah. The arbitration hearing shall be held in the state of Utah. Each party shall pay its own costs and expenses related to the arbitration and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Coach.

Entire Agreement

This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.

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.

Applicable Law + Venue

This agreement shall be governed by the laws of the state of Utah. Any action brought by any party arising out of or from these Terms shall be brought within the Utah, County of Salt Lake.

Testimonial Release

The Client grants the Coach the right, title, and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for the use of their likeness, or testimonial. The Coach will make all reasonable efforts to conceal the identity of the Client unless otherwise granted permission by the Client to share their name or identifying information.

Confidentiality              

The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal, or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.                                         

Permitted Disclosure. Notwithstanding anything in the foregoing, the Parties may disclose Confidential Information to the extent necessary as required by law, a court of competent jurisdiction, and/or any governmental authority or agency. Where permitted by law or legally permissible, the Parties shall disclose a request for information in writing to the other prior to disclosure.

Recording Sessions

The sessions will be recorded and made privately available to the Client. The Client may not record any sessions with the Coach without the Coach’s prior written consent. 

Force Majeure

In the event that any circumstances beyond or not within the reasonable control of the Parties, including, but not limited to: an act of God (such as, but not limited to, fire, explosion, earthquake, flood, tsunami, drought, tidal waves, hurricanes, etc.), pandemic, hostilities, war, invasion, curtailment or interruption of transport, threats or acts of terrorism, State Department travel advisory or warning, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such circumstances.

No Guarantees, Warranties or Representations

The Coach has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the outcome or success (or the likelihood of such) in working with the Coach. The Client understands that due to the nature of the Program, the results experienced by each client may vary. The Coach does not make any guarantees other than that the Program shall be provided to the Client in accordance with the terms of the Agreement as stated herein.

BY PURCHASING, YOU HEREBY CERTIFY THAT YOU, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: [email protected]