This agreement is being made between bPossible Inc. (“Company” or “Coach”) and the undersigned individual, (“Client” or “I”) whereby Coach agrees to provide health coaching services.By submitting this form, I am requesting to be considered for the below selected coaching program offered by BPossible Inc.I understand and agree that: (i) the fee for these services is payable upon acceptance by bPossible Inc.; and(ii) the foregoing programs may take place remotely over HIPAA compliant video technology, although bPossible Inc. is not a “covered entity” within the meaning of the act.
Terms & Conditions:
1. If accepted, I, the “Client”, understand that the health coaching services provided by BPOSSIBLE INC. does not create a doctor-patient relationship; is purely educational and for information purposes. bPossible Inc. and/or its staff member(s) providing coaching services (“Coach”) is acting as a Coach on behalf of the Company is not rendering these services as a physician.
2. Health Coaching Services & Information:
- I agree not to rely on this information as a substitute for, nor a replacement of, professional medical advice, diagnosis, or treatment. If I have any concerns or questions about my health, I should always consult with a physician or other healthcare professional. I will not disregard, avoid or delay obtaining medical or health related advice from my healthcare professional because of this health coaching arrangement. The use of any information, resources and recommendations is solely at my own risk.
- Neither the health coaching services provided hereunder nor any information provided to me is intended to suggest that I should not seek professional medical care, or that I should disregard professional medical advice.
- Nothing stated or made available through any services provided by the Company is intended to be, and must not be taken to be, the practice of medicine or the provision of health care treatment, instructions, diagnosis, prognosis or advice.
- Even though staff members may have professional degrees and credentials, the services provided are health coaching services. The Company encourages me to maintain a relationship with, to visit, and to be treated by my healthcare professionals, including, without limitation, a physician.
3. Educational Materials
- Educational material and resource content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of the Company.
- All materials, procedures, policies, and standards, all manuals, all teaching aids, and the like that have been or will be made available are for personal use in or in conjunction with this program only.
- The coaching relationship and any information that the Client shares with the Coach as part of this relationship is considered confidential (“Confidential Information”). Coach agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit ofClient, as necessary to perform the Coaching, without Client’s written consent. Coach will not disclose Client’s name as a reference without Client’s written consent. Coach shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. Coach will use reasonable care in handling Client’s Confidential Information so that it does not enter the public domain. Coach will return all Confidential Information to Client upon termination of this Agreement.
- Client acknowledges that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between Coach andClient are not subject to the protection of any legally recognized privilege.
- Coach may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of Coach; (ii) Client grants permission for such disclosure in writing; (iii) Coach obtains the information from a third party, without breach of any obligation to the Client;(iv) disclosure is required by any court or government agency; (v) Coach reasonably believes that there is an imminent or likely risk of danger or harm to the Client or others; or (vi) it involves illegal activity.
- In receiving Coaching, Client will have the benefit of proprietary systems, strategies and techniques developed by Coach (“Coach’s Proprietary Information”). Client acknowledges thatCoach’s business relies on Coach’s ability to provide such insights to various clients. Client agrees not to disclose Coach’s Proprietary Information to any third party, directly or indirectly, during the term of this Agreement or after it ends.
- Client acknowledges that coaching is a team effort, and Client will get out of coaching only as much as he or she puts into it. Client agrees to fully participate in coaching and follow the Coach’s instructions to his or her best ability. Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
- Client acknowledges that Client is solely responsible for creating and implementing his or her own decisions, choices, actions and results based on coaching calls, sessions, and interactions with Coach. Client agrees that the Coach is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
- Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
- Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that itis the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, Client should promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
5. In no event shall the Company its coaches, their employees, contractors, suppliers, or manufacturers be liable for lost profits or any special, incidental, consequential or multiplied damages arising out of or in connection with our services, or this agreement (HOWEVER ARISING, INCLUDING NEGLIGENCE), including, but not limited to, loss of profits, loss of use or other economic damages, even if advised of the possibility of such damages, or any failure to realize any specific benefit or health-related outcome. This limitation of liability will apply regardless of the form of action, whether in contract, tort orby statute. The Company’s and/or Coach’s liability, and the liability of their employees, contractors, suppliers, and manufacturers, to me or any third parties, in any circumstance, is limited to the amount of the purchase.
6. It is understood that any dispute, that is as to whether any services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration by the American Arbitration Association in Park City, Utah as provided by Utah law, and not by a lawsuit or resort to court process except as Utah] law provides for judicial review or arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional rights to have any such dispute decided on a court of law before a jury, and instead are accepting the use of arbitration.
7. Participating Brands
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All claims based upon the same incident, transaction or related circumstances shall be arbitrated in one proceeding. A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable Utah statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence. With respect to any matter not herein expressly provided for, the arbitrators shall be governed by the Utah Code of Civil Procedure provisions relating to arbitration.
My acceptance indicates that I have read and fully understand all terms of this agreement, including my responsibilities and assumed risks.