Agreement for Wellness Consultant Services Please Read Carefully

Thank you for your interest in receiving assistance from Nutrition World’s Wellness Consultants.

The Wellness Consultant is a certified health and wellness coach and is required to provide certain disclosures to you and before providing services, to have on-file an agreement for services that provides clear and specific terms and conditions of the relationship. This Agreement below meets these requirements.
In the Agreement below, your Practitioner is referred to as “Consultant”; you are referred to as “Client”; the term “Party” refers to an indicated party to the Agreement; and the term “Parties” refers to Consultant and you jointly.
Please read this Agreement carefully and indicate your acceptance by completing the form on the right.

Agreement for Wellness Consultant Services

WHEREAS the Parties to this Agreement share the belief that it is every person’s right to seek the healthcare and wellness services of their choice, and relying further upon their rights protected by the U.S. Constitution to enter into private relationships and contracts of their own choosing;

AND WHEREAS, the Parties hereto desire that this Agreement establish a private associational relationship between them for the purpose of sharing natural health and wellness principles and practices free from governmental influence, regulation, and control;

NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration, the adequacy and receipt of which are acknowledged; and based on the belief, rights and for the purpose indicated above, IT IS HEREBY AGREED AS FOLLOWS:
1. Exclusive Agreement. Parties acknowledge and agree that this Agreement shall govern the Parties’ relationship as described below and shall supersede any other agreement between the Parties, written or oral, that is contrary to the terms and conditions hereof.
Additional agreements relating to and specifying any membership, cost, type service, length of service and product related matters may be formed between Consultant and Client as long as nothing therein conflicts with the terms and conditions of this Agreement and should such conflict occur, the terms and conditions of this Agreement shall predominate and control.

2. Consultant Agrees. In providing wellness consultation services to Client; to maintain Consultant’s certification in good standing and to notify Client if the certification is not maintained in good standing at any time during the Agreement term; to provide Client with a written Practice Disclosure describing the consultant’s education, training and experience in the services to be provided; to use consultant’s best efforts to formulate a wellness protocol to assist Client in achieving Client’s desired health goals and to deliver and perform services in an ethical and professional manner.

3. Client Agrees. In accepting Consultant’s services, to request all information Client deems necessary to determine whether Consultant is suitable for Client, considering Consultant’s education, experience, services to be provided and cost; to fully disclose to Consultant all pertinent information requested to assist Consultant in developing a wellness protocol for Client; to meet at the agreed appointment times and pay timely the agreed charges; and to faithfully follow the wellness protocol with changes only as mutually agreed by the Parties.

4. Services Provided. For purposes of this Agreement, services are defined as natural health and wellness therapies, products and services that are solely intended to improve physical, mental and spiritual health. Wellness Consultant services are not state-licensed medical services; are not provided in a conventional doctor-patient relationship; do not activities or substances that are regulated by governmental agencies; and while Wellness Consultant services may be provided to improve health as an adjunct to medical care, such services do not include diagnosing, treating or curing, or attempting to diagnose, treat or cure, any illness or disease or constitute the conventional practice of medicine. Therefore, in the event illness or disease is suspected, known or becomes suspected or known while Client is receiving Wellness Consultant assistance; it is Client’s sole responsibility to seek appropriate medical care in place of or as an adjunct to the services provided by Consultant.

5. Indemnification. Client acknowledges that Consultant does not provide any guarantee or warranty as to the success of any suggestions, protocols or products provided by Consultant; and Client further agrees that, in the absence of evidence of negligence or intentional wrongdoing on the part of Consultant, Client’s failure to achieve Client’s health and wellness goals is not actionable under this Agreement. Therefore, Client hereby agrees to indemnify and hold Consultant harmless for any claim or action based on Client’s failure to achieve Client’s desired health and wellness goals as a result of following Consultant’s advice or provided protocols.

6. Records and Confidentiality. The Parties acknowledge and agree that Client’s records provided to or maintained by Consultant are privileged communications and not medical records. Therefore, Parties agree that such records may not, in any case, be released as medical records. Client is entitled to a copy of Client’s records but any other release must be in compliance with standards for ministerial records in the jurisdiction where services are provided. The Parties further acknowledge and agree that ministerial communications are confidential and the content of such communication may not be divulged by Practitioner to any other party, except in accordance with Practitioner’s own policy wherein proper reporting may be made in the event any person is at risk of harm, or has been harmed, or as may be required in the jurisdiction where services are provided.

7. Limit to Recourse. Parties agree that, absent evidence of negligent or intentional wrongdoing on the part of the Consultant causing mental or physical injury to the Client, recovery to the prevailing Party pursuant to any action brought under this Agreement, whether through private settlement or arbitration, shall be limited to the complaining Party’s actual provable loss. Actual provable loss is defined as the total dollars expended by Client or due to Practitioner for services and products rendered. The prevailing Party shall also be entitled to reimbursement of arbitration costs.

8. Separation of Practices. In the event that Consultant holds a state-issued license as a healthcare provider in the state where the Client is receiving services from Consultant, Client acknowledges and understands that the Wellness Consultant services being offered and accepted from the Wellness Consultant under the terms of this Agreement are totally separate and distinct from any services the Consultant may offer and provide under Consultant’s state licensed practice. Client agrees that this is an important distinction, that Client has been given the opportunity to discuss the difference between such services with Consultant and have any questions answered, and that Client is clear about, understands and is not confused by the distinction and separation of such services.

9. Term, Termination and Survival. This Agreement shall become effective when signed below and shall continue in effect until terminated. Either Party may terminate this Agreement at-will with thirty (30) day’s written notice to the other Party. Termination shall not relieve the Parties from any debt or liability incurred hereunder while the Agreement was active; and all terms and conditions of this Agreement intended to protect the Parties and their records and regulate disputes, grievances or complaints between them shall survive any termination.

10. Amendments. Any amendment to this Agreement must be in writing and signed by both Parties.

11. Notices. All notices, requests, consents, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the Party to whom notice is to be given, on the date of transmittal of services via facsimile or electronic mail to the party to whom notice is to be given, or on the third day after mailing if mailed to the Party to whom notice is to be given, by first class mail.

12. Successors and Assigns. This Agreement will inure to the benefit of, and be binding upon, the heirs, successors, and assigns of the respective Parties.

13. Severability. If any provision of this Agreement shall be declared void or unenforceable by any judicial or administrative authority, the validity of any other provision and of the entire Agreement shall not be affected thereby.

14. Headings. Headings used herein are for convenience only and shall not be used to construe meaning or intent.

15. Manner of Execution. Client and Consultant agree that this Agreement may be signed electronically and confirmed in separate parts to become fully binding on both parties.

IN WITNESS WHEREOF, the Parties to this Agreement for Wellness Services hereto have entered their names and contact information below with the intention to be bound by the terms and conditions of this Agreement.