PROGRAM AGREEMENT

Busy Mom Health Revival

 

This Group Program Agreement (hereinafter referred to as the “Agreement”) dated [May 23, 2022] (hereinafter referred to as the “Effective Date”), made by and between [Kolowski Healthcare PLLC, DBA Inside Health] (hereinafter known as the “Company”) and [you the client] (hereinafter referred to as the “Client”). Together, the Company and the Client are collectively referred to herein as the “Parties”.

 

WHEREAS, the Company provides [DESCRIBE YOUR SERVICES/TYPE OF WORK] (“Services”); and

 

WHEREAS, the Client wishes to retain the Company and accepts the terms of the Agreement as set forth herein for the Company to provide such Services.

 

NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agree as follows:

 

1.   DESCRIPTION OF SERVICES

The Company agrees to provide [Lifestyle information and resources] for the [Busy Mom Health Revival] (hereinafter referred to as the “Program”). The Program includes:

•       Lifetime access to self-paced modules with resources and bonus material along with any future modifications. Unique login to access the product at any time.  
•       The Client can ask questions or receive email support by contacting [Inside Health] at [[email protected]]

 

The Program runs for [lifetime access] and begins on [May 23, 2022].

 

2.   DISCLAIMER

The Client understands that the Company is a [licensed healthcare facility in the state of Colorado owned and operated by licensed healthcare providers].

 

[IF IN BUSINESS COACHING/SERVICES TO BUSINESSES/DESIGNER FIELDS, USE:

The Client understands that the Company is not establishing a doctor/patient relationship by taking these courses. Information is provided for informational purposes only. This information is not intended as a substitute for the advice provided by a licensed physician or other healthcare professional or any information contained on or in any product label or packaging. Do not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing medication or other treatment. Always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or using any treatment for a health problem. If you have or suspect that you have a medical problem, contact your health care provider promptly. Do not disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site. Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT create a doctor-patient relationship between you and any of the physicians affiliated with our web site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

 

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

 

 

[END OF THIS SECTION IF IN WELLNESS FIELDS]

 

3.   EXPECTATIONS

The Company requests the Client to:

 

• Be committed to change

• Be patient with yourself

 

 

 

4.   TERM

The Program is [video modules with lifetime access] and begins on [May 23, 2022] (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon. 

 

5.   TERMINATION

The Company is committed to providing the Client with a positive experience in the Program. By agreeing to and signing the Agreement, the Client understands that the Company may, in its sole discretion, terminate the Agreement and limit, suspend, and/or terminate the Client’s participation in the Program without a refund or forgiveness of monthly payments if the Client becomes disruptive or violates any term of the Agreement.

 

If the Client chooses to terminate the Agreement at any time, no refunds will be issued.

 

6.   PAYMENT

The total price of the Program is [1 payment of $99 USD or 2-monthly payments of $59 USD for a total of $118 USD]. The Client shall pay via [PayPal.] prior to [purchase].

 

[OPTIONAL FOR MONTHLY PAYMENT OPTIONS: Payment 1: $59 due at time of purchase, Payment 2: $59 due automatically one month after payment 1.]

 

7.   REFUND POLICY

The Client is responsible for the full payment, [INSERT PAYMENT CLIENT CHOSE, i.e., 1-time payment of $99, or 2 monthly payments of $59 for a total of $118], regardless of whether the Client completes or participates fully in the Program. NO REFUNDS will be issued once the Program begins.

 

8.   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. 

 

Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.

 

9.   NON-DISCLOSURE OF COMPANY MATERIALS                    

Material given to the Client in the course of the Program is proprietary, copyrighted and developed specifically for and by the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.

 

The Company’s Program is copyrighted and the original materials that have been provided to the Client are for the Client's individual use only and are granted as a single-user license. The Client is not authorized to re-sell, share, or use for profit any of the Company’s intellectual property. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted nor implied.

 

Further, by signing below, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.       

 

10.   INDEMNIFICATION

Client agrees to indemnify and hold harmless the Company, its affiliates, officers, directors,  agents, employees, representatives, successors, independent contractors, and assigns from all direct and third party claims, demands, losses, causes of action, damages, lawsuits, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Company.

 

11.   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 [Colorado]. The arbitration hearing shall be held in the state of [Colorado]. 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 Company.

 

12.   APPLICABLE LAW

The Agreement shall be governed by the laws of the state of [Colorado].

 

13.   ENTIRE AGREEMENT; AMENDMENT; HEADINGS                          

The Agreement constitutes the entire agreement between the Parties with respect to their relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth by writing, specifying such waiver, consent, or amendment, signed by both parties.

 

The headings of Sections in the Agreement are provided for convenience only and shall not affect its construction or interpretation.

 

14.   COUNTERPARTS

The Agreement may be executed in one or more counterparts (including by means of mail or electronic mail/e-mail via PDF), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.

                    

15.   SEVERABILITY

The provisions of the 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 the 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.

 

16.   WAIVER

The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed  a waiver of any further right pursuant to the Agreement.

 

17.   NO ASSIGNMENT

The Agreement may not be assigned by either of the Parties without the express, written consent in advance of the other Party.

 

18.   FORCE MAJEURE

In the event that any cause beyond the reasonable control of either of the Parties, including, but not limited to: acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, 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 occurrence.

 

19.   NO GUARANTEES, WARRANTIES OR REPRESENTATIONS

The Client understands and agrees that the Client is 100% entirely responsible for his/her progress and results experienced from the Program. The Company will help guide and support the Client, but the Client’s participation in, and dedication to, the Program is one of many vital elements to the Program’s success.

 

The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Client’s performance, results, income, revenue, or success. The Client understands that due to the nature of the Program, the results experienced by each Client may vary. The Company does not make any guarantees other than that the Services offered in the Program shall be provided to the Client in accordance with the terms of the Agreement.

 

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

 

As agreed to by:

 

[CLIENT NAME]                                                     Date

 

[YOUR NAME] (on behalf of [Kolowski Healthcare PLLC, DBA Inside Health])                   Date

 

 

 

[END OF AGREEMENT]