CONSULTING AGREEMENT
This Consulting Agreement (“Agreement”) is entered into on the date by which your appointment request was approved (“Effective Date”) by and between Resilience Chronic Illness Consulting, LLC located remotely in Florida, USA (“Company” or “Me”), and You Consultant and Client may be referred to herein collectively as the “Parties” or individually as a “Party.”
Recitals
Consultant provides consulting services and delivers personalized support, as more fully described in this Agreement;
Client understands that Company provides consulting only, and that this is not an agreement for medical services;
Client understands that nothing in this Agreement or the Services provided are intended to diagnose, treat, prevent or cure any medical or mental health disease, condition, illness, or ailment; and
Client, according to the terms of this Agreement, want to engage Consultant to obtain such services and support.
THEREFORE, the Parties agree as follows:
AGREEMENT
1. Definitions. Throughout this Agreement, the following terms shall have the following meanings:
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“Company” shall mean Resilience Chronic Illness Consulting, LLC together with any and all of its coaches.
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“Consultant” shall mean Kathryn Sullivan, PhD.
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“Client” shall mean the individual (or individuals) documented on the appropriate Client Intake Form(s).
2. Services. Services shall mean those services specifically enumerated in this section and shall exclude any and all other services not specifically enumerated, including, but not limited to, medical services or those services Company is not equipped, licensed or otherwise capable of providing as part of this Consulting Agreement.
Services include: [Be specific here]
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1 visit with Consultant (60-minutes)
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Access to personalized materials within 15 business days of consult (IF HEALTH HYPOTHESIS WAS PURCHASED)
3. Term. This Agreement shall be an initial contract, commencing on the Effective Date.
4. Fees. In consideration for the Services provided, Client agrees to pay Company the amount(s) below:
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Your investment is three hundred and ninety-nine USD ($399) and shall be paid on the Effective Date for an initial1:1 Consult.
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Your investment is twelve hundred and ninety-nine USD ($1299) and shall be paid on the Effective Date for a Health Hypothesis.
Client will receive an electronic receipt.
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5. Additional Services. If Client requires or requests services that surpass those described in paragraph 2 (“Services”) above, Client shall pay Company at the time of service at its standard rate for the services provided.
6. Personal Responsibility. You accept personal responsibility for the results of your actions. You agree that Company has not made any guarantees about the results of taking any action, whether recommended by Company or not. The Company provides educational and informational resources that are intended to help participants succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Course are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended by Consultant or Company.
7. Termination.
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By Company. Company may terminate this Agreement for any reason whatsoever, with or without cause, upon giving seven (7) days’ written notice to Client.
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By Client. Client may terminate this Agreement for any reason whatsoever, with or without cause, upon giving seven (7) days’ written notice to Company and paying the applicable early termination fee, calculated as follows:
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Cancellation Fee (cancellation less than 48 hours prior to scheduled appointment time) shall be equal to one (1) installment payment of one hundred and fifty USD ($150.00).
8. Disclaimer and Non-Medical Relationship.
Company and Consultant have used care in preparing the information provided to you, but the Services and all related materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience. Client acknowledges and agrees that Consultant is not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience as a result of the Services. Nothing related to the Services is intended to be considered medical, mental health, legal, financial, or religious advice, nor is it intended to replace the expertise, care, judgment or guidance of your own medical or mental health practitioners, clergy members, accountants, attorneys or financial advisors. It does not, nor is it intended to, provide medical nutrition therapy, psychotherapy, psychological counseling, behavioral health, or a personalized assessment of macronutrients or micronutrients. This Program shares general information, not personalized recommendations. It is not preventing, treating, curing any medical or mental health disease, condition or ailment. For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. If you are currently under the care of a medical or mental health practitioner or currently uses prescription medications, do not make any dietary changes or start or stop taking any dietary supplements or medications because of anything you have read or received through this Program without first consulting with your doctor. Any recommendation of any product or supplement mentioned in or through this Program is offered for educational purposes, and you agree to check with your own medical professional before using any of these products or supplements on, in or near your body in any way. You understand that the statements, information, supplements or products provided in or through this Program have not been evaluated by the Food and Drug Administration (“FDA”).
9. Communications.
Communications with Consultant shall be by e-mail. Consultant will endeavor to respond within 48 hours on weekdays. Any inquiries related to the Services are for quick questions that warrant brief clarifying responses. It shall be within the sole discretion of Consultant to determine if the question response needs to happen within the context of the next call/appointment.
If you need to reschedule or cancel a call/appointment, you must do so at least 48 hours in advance of your scheduled appointment, IN WRITING, by sending an e-mail to Kathryn@chroncillnessconsulting.com. Failure to provide proper notice will result in a forfeiture of that appointment and you will be charged the cancellation fee, as described above.
Client understands and agrees that e-mail are not appropriate means of communication regarding emergency or other time-sensitive issues or for inquiries regarding sensitive information. In the event of an emergency, or a situation which Client reasonably believes could develop into an emergency, Client shall call 911 or proceed to the nearest emergency room, and follow the directions of emergency personnel.
10. Severability. If for any reason any provision of this Agreement shall be deemed, by a court of competent jurisdiction, to be legally invalid or unenforceable in any jurisdiction to which it applies, the validity of the remainder of this Agreement shall not be affected. Any invalid or unenforceable provision shall be modified to the minimum extent necessary so as to remove the basis for invalidity or unenforceability.
11. Amendment. This Agreement may be amended at any time provided that it is made in writing and signed by Company and Client.
12. Assignment. This Agreement, and any rights Client may have under it, may not be assigned or transferred by Client. Company may assign this Agreement in whole or in part provided Company provides Client with written notice of such assignment.
13. Relationship of Parties. Client and Company intend and agree that Company, in performing Services pursuant to this Agreement, is an independent contractor, as defined by the guidelines promulgated by the United States Internal Revenue Service and the United States Department of Labor, and Company shall have complete control over the manner in which the Services are performed.
14. Legal Significance. Client understands and acknowledges that this Agreement is a legal document that creates certain rights and responsibilities. Client represents and warrants that he/she has had reasonable time to seek legal advice regarding this Agreement and has either chosen not to do so or has done so and is satisfied with the terms and conditions of this Agreement.
15. Force Majeure. Neither Party shall be liable to the other for the failure or delay in the performance of any of the obligations under this Agreement when such failure or delay is due, directly or indirectly, to any act of God, acts of civil or military authority, acts of public enemy, terrorism, fire, flood, strike, riots, wars, embargoes, governmental laws, orders or regulations, storms or other similar or different contingencies beyond the reasonable control of the respective Parties.
16. Miscellaneous. This Agreement shall be construed without regard to any presumptions or rules requiring construction against the Party causing the instrument to be drafted. Captions in this Agreement are used for convenience only and shall not limit, broaden, or qualify the text. Electronic signatures of this Agreement are permitted and enforceable.
17. Entire Agreement. This Agreement contains the entire agreement between the Parties and supersedes all prior oral and written understandings and agreements regarding the subject matter of this Agreement.
18. Notice. All written notices are deemed received by Company if sent to the email address Kathryn@chronicillnessconsulting.com and by Client if sent to the Client’s email address appearing in the signature section of this Agreement. If Client changes his/her email address, Client shall notify Company promptly of his/her change of email address.
19. Governing Law; Venue; Waiver of Jury Trial. It is the intent of Consultant and Company that any disputes be resolved amicably between the parties through effective communication and a spirit of cooperation. However, should an amicable resolution not be reached after thirty (30) days of good-faith negotiations, any controversy or claim arising out of or relating to this Agreement, shall be settled by binding arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made more than two (2) years from when the aggrieved Party knew or should have known of the controversy, claim or dispute. The number of arbitrators shall be one. If the Parties are unable to agree upon the selection of an arbitrator within twenty-one (21) days of commencement of the arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association. The place of arbitration shall be United States of America, Florida and Florida law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each Party shall pay its own proportionate share of arbitrator fees and expenses.
BOTH PARTIES EACH IRREVOCABLY WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY LEGAL PROCEEDING RELATING TO THIS AGREEMENT.