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Health Coaching 12-Week Program Agreement

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Terms and Conditions​

Welcome! Physio & Wellness Health Coaching Team is looking forward to working with you. Please read this information carefully. The purpose of this Agreement is to set forth the details regarding our working together. We want to be clear regarding our respective roles and how our communication will take place so that our time will be positive, informative and productive.

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This Agreement is made effective as of the date of your program purchase and enrolment by and between Physio & Wellness Hub (the “Company,” "Coach," “We” “Us” or “Our”) and the purchaser of this program (the "Client” or “you.”).  By registering to be a client of our Program, you agree to the following terms or conditions contained or referred to elsewhere or as implied by law, trade custom, practice, or course of dealing.

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We both agree to the following:

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Program Description

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Your Private Client Program (“Program”) includes:

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• 12 1-hour private online Zoom calls with your Coach to develop your individual health, wellness, and lifestyle goals and an implementation plan that includes accountability and health coaching via teleconference. (Your 12 coaching calls must be completed within 6 months of your program purchase initial enrolment date.)

• Access to health education materials

• Ongoing nutrition and lifestyle recommendations if required, within the scope of practice of your Coach

• Ongoing health care professional and other healing team-building recommendations

• Access by e-mail to your Coach (maximum of two emails between each call.)  

 

Expectations

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During the Program, you can expect that our team will:

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• Review your medical history, biometrics, and laboratory data within the scope of practice of your Coach

• Review prior recommendations and implementation challenges.

• Come prepared for each Coaching Call.

• Devote mindful attention to you during each Coaching Call.

• Offer strategic health coaching and lifestyle consulting services.

• Collaborate with and offer referrals to your healthcare team (physical therapists, physicians, mental health professionals, etc.)

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We expect that you will

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• Arrive on each Coaching Call on time.

• Commit fully to the Program.

• Collaborate on short-term goals and implement steps towards goal attainment.

• Be open and receptive to creative ideas.

• Cancel at least 24 hours in advance, except in the case of an emergency.

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Scheduling and Timing

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Contacting Us

We aim to be attentive to our clients. Should you need to reach us between appointments, please contact us by email. Our regular office hours are 9:00am – 5:00pm GMT, Monday through Friday. We will do our best to respond to you within two business days. Any emails to us related to your Program are for quick questions. Expect brief responses. If you want to discuss something at length, we may request that we wait and discuss your question at our next scheduled Coaching Call.

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Scheduling Calls

Once you have processed your order and we receive your payment, we will reach out to you with scheduling options for your first call. Once your first call date is set, we will send you scheduling options for calls #2 and #3. Generally, we space the calls 1 week apart initially. Later in the Program we may mutually decide to lengthen the time between calls in order to support your independence with your daily health behaviours. Your calls will be held via Zoom or a similar teleconference software. You will receive an email with the call-in information a couple of days prior to the call. Please log on to the call at the given date and time. Please come prepared to start and end your calls on time. If you are running late to start the call, please note that no additional time will be added to the end of your call.

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Rescheduling or Cancellation

Our time together is important. If you need to reschedule or cancel your appointment, you must do so at least 24 hours in advance of your scheduled time by sending an email to your Coach.

If you do not contact Us at least 24 hours in advance, we will try to reschedule based on availability, but we cannot guarantee that we will be able to accommodate you. If you are unable to book your call before your next scheduled call due to unavailability in your or our schedule, this will be considered a Missed Call.

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Investment and Refund Policy

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Investment

You agree that you are financially able to invest in this Program. Your investment for the Program is €750, which is paid as part of the enrolment process or through a three-month payment plan. If you choose the payment plan, you are responsible for paying 20% (€150) on enrolment. You will then be charged €200 per month for a further 3 months at the beginning of months two through four.

Without prejudice to any other right or remedy that We may have, if any sum payable under these terms is not paid within 7 days of the date, We reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 4% above the ECB base rate from time to time in force and/or (ii) suspend the availability of the Program until such time as payment is made or the contract is terminated.

Right to Cancel and Refund Policy: You may cancel the Agreement within 14 days of the date of you registering for the Program by emailing Us at info@physiowellnesshub.ie stating your clear intention to cancel. If we receive such an email within 14 days of the date of your registering for the Program, We shall provide you with a full refund of the amount paid by you up to such date. If you start the program within 14 days of your registration, you will lose your right to a refund, and you will be responsible for payment of the full price of the Program including any as yet unpaid payments pursuant to the three-month payment plan option. 

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​Confidentiality​

Confidentiality is important to us. We will keep all information exchanged between Us during the Program confidential. We will not disclose any information that you share with us during the Program to anyone else unless:

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1. they have a legitimate reason to know such information as a member of our team    or staff,

2. when required by law, or

3. you have given us prior written permission.

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Our work product is also confidential and considered as part of our intellectual property.

We do not share the substance of our notes outside the confines of our team and then only on a need-to-know basis. Should you wish to have copies of our notes, consideration will be given to your request, but the release of such copies is at the discretion of your coach.

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Intellectual Property Rights​

Physio & Wellness Hub retains ownership and Intellectual Property Rights to the Program content and materials provided to you through the Program, including all copyrights and any trademarks belonging to Physio & Wellness Hub. Nothing in these terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Program or the content of the Program to you or any other person. The Program content and materials are provided to you for your use only and with a single-user, non-transferable license. This means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you, or anyone else, money without the prior written permission of Anna Poznanska, Physio & Wellness Hub.

You may not, without our prior written consent, make any audio or visual recordings of any part of Our Program.

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Term and Termination​

The Agreement shall continue until the end of the Program when the Agreement shall expire other than the terms that are expressly stated to remain in force.

Either of us may terminate the Agreement on notification of at least 72 hours in advance by email.  Termination will take place with immediate effect if at any time the other commits any serious or repeated breach or non-observance of any of the provisions of these terms.

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Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us at the date of termination of this contract, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination.

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Personal Responsibility, Disclaimer & Release of Claims​

Personal Responsibility & Assumption of Risk: You acknowledge that you take full responsibility for all decisions and their consequences made before, during, and after your Program. You accept full responsibility for your choices, actions and results before, during, and after this Program. You knowingly assume all the risks of the Program related to your use, misuse, or non-use of the Program or any of the Program materials.

You understand and agree that you are solely responsible for your results.

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Disclaimer

This Program and the Program materials are provided as self-help tools and for informational and educational purposes. There are many factors that influence results, so no guarantees can be made regarding the results you will experience through this Program. You agree that we are not responsible for your physical, mental, emotional, and/or spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this Program. For specific questions related to a medical or mental health situation, consult your medical or mental health professional. For specific questions related to your financial, legal, or tax situation, consult your solicitor, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your clergy member or spiritual healer.

Do not start or stop taking any medications because of anything you have read or received through this Program. Any recommendation of any program, service, or product is offered for educational purposes. You need to check with your medical professional before using any of these products on, in, or near your body. By signing this Agreement, you agree that you are consenting to the full Disclaimer that can be found on our website.

 

 

Limitation of Liability, Indemnification, and Release of Claims

We use care in preparing the information provided to you. We will not be responsible for the information that you request or receive through this Program. This includes any services, products, and/or Program Materials. It also includes any other information you received from or through us. You agree that you fully and completely hold harmless, indemnify and release us from all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that you ever had, now have or may have against us in the future, that may arise from your participation in the Program, including all services, products, and Program Materials, to the extent permitted by applicable law.

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Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the contract shall, in all circumstances, be limited to the price paid by you for the Program.

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If we are prevented from or delayed in performing Our obligations by your act or omission or by any circumstances outside of Our control (including Our illness or incapacity or that of any member of the team involved in providing the Program), We shall not be liable for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

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Other Important Terms

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Notice

All correspondence or notice(s) required regarding the Program shall be made to Anna Poznanska at info@physiowellnesshub.ie. All correspondence or notice(s) to you shall be to the email address you provided during your enrolment in the Program. Should your email address, billing information, or contact information change during the Program, it is your responsibility to provide your updated information to us within 72 hours of that change.

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Variation

We may vary these Terms (other than the price payable by you for the Program) as we see fit from time to time, and if we do, we shall notify you by email of the change in terms. Your continuation with the Program will be deemed to be your acceptance of any new Terms.

Entire Agreement, Assignment, Survivability, and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time if the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone. The obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If we choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit our right to later enforce every part of this Agreement.

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Governing Law

This Agreement and any dispute or claim arising out of it shall be governed by and construed according to the laws of the Republic of Ireland.

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Dispute Resolution

Should a dispute arise, our goal would be to amicably seek to resolve the dispute through e-mail correspondence. However, should we be unable to resolve our difference(s) within 21 days, We each irrevocably agree that failing any resolution, the sole method of dispute resolution will be binding arbitration.

Prior to seeking arbitration, you must notify us that you intend to arbitrate by sending an e-mail info@physiowellnesshub.ie. Your email must state your reasons for dissatisfaction with your Program and what issues you plan to arbitrate. You understand and agree that the maximum and only remedy that can be awarded to you through said arbitration is a refund of payments made to date. No other actions can be ordered. No other type of monetary damage, including equitable, incidental or consequential can be ordered. We both agree that the decision of the arbitrator is final and binding and may be entered as a judgment in any court having the appropriate jurisdiction.

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Non-Disparagement

If there is a dispute between us, you agree to not publicly or privately make any negative or critical comments about the Program, Our  business, or Us, or to communicate with any other individual, company, or entity in a way that disparages the Program or harms Our reputation in any way, including on social media.

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Agreement​

By purchasing this program, you acknowledge that you have read, understand, agree to, and accept all terms in this Agreement. Electronic agreement by a checkbox on your enrolment/ purchasing form to these terms and conditions is permitted and enforceable.

You agree that you have had the opportunity to ask me any questions prior to signing, and your signature indicates that you agree with all terms of this Agreement.