Parasite Detox Terms & Conditions
www.rachelvineyard.com
CLIENT COACHING AGREEMENT
PARASITE DETOX COACHING AGREEMENT
Dear client,
We are so excited to help you on your journey to remove those parasites! But before we can get to the fun stuff, we have to get some (admittedly boring, but important) stuff signed. This Agreement will outline our professional relationship, responsibilities, obligations, and expectations so that nobody in this relationship is confused or disappointed due to any misunderstanding or miscommunication. So, go ahead, read through this thing, sign on the dotted line, and we can get this show on the road! Please do not hesitate to let us know if you have any questions. We’re looking forward to working together!
Best,
Rachel Vineyard
Rachel Vineyard Wellness, LLC
By signing this Agreement and submitting full or partial payment, you are agreeing to the following terms:
Please read this Agreement carefully before accessing or using Rachel Vineyard Wellness LLC’s proprietary materials which includes any written, audio, or visual presentations or documents associated with the Program.
If you do not understand or do not accept this agreement, please do not access any of the Company’s proprietary materials and immediately contact us at [email protected]
This Client Coaching Agreement is entered into and effective as of the date of signature below by and between the Client and Rachel Vineyard Wellness LLC (“Company”,) doing business as Rachel Vineyard Wellness LLC, having an address in Georgetown, KY 40324
In consideration of Client retaining Company to perform coaching services, it is agreed as follows:
1. Scope of Services
(a) Program access includes the following services:
- access to download the guide, "Parasite Detox"
The Program services outlined above are referred to as the “Services” or “Program.”
(b) Any additional services provided by Company to Client may require additional fees to be discussed and agreed upon by the parties. Additional services may require signing of a separate agreement.
2. Client Duties
(a) Compensation. In consideration for the Services provided by Rachel Vineyard Wellness LLC. to Client as set forth in Section 1 above, Client agrees to pay the current program fee at the time of joining at a one time payment of $50.
(b) Payment Security and Disputes. To the extent that Client provides Company with credit/debit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.
Client agrees to not fraudulently initiate any payment disputes at any time to Company account through Client’s financial institution. In the event that Client inadvertently disputes a charge made to the account, Client agrees to immediately cancel/withdraw such a dispute. Client agrees to not cancel the credit/debit card that is provided as security without Company’s prior written consent. Client is responsible for any fees, including attorney’s fees, associated with recouping payment on chargebacks and any collection fees associated with such an event.
(c) Tools to be Provided by Client. Client agrees to provide all tools, information, and documentation that may be required by Company to effectively perform said Services.
(d) Client understands that Client’s success using the guide is dependent upon Client’s level of participation in the Services. In order to get the most out of the Program, Client must also work to implement the tools and strategies learned throughout the guide and make considerable efforts toward Clients own development on Client’s own time during the term of the Program. Client is responsible for requesting support from Company when needed.
3. Term
The term of this Agreement shall be on going.
4. Communication
Communication a value of the Company. All communication will take place via email. If there will be a time that either the Client or the Company will be unavailable (vacation, illness, etc.), the agreement is the party will be in contact when they are able to.
Our contact info is as follows:
E-mail (Rachel): [email protected]
E-mail (Team): [email protected]
All communications will be acknowledged/responded to within 24-48 hours, not including weekends, vacations or holidays.
5. Cancellations and Refunds
(a) This Agreement may also be terminated by either Party in writing via e-mail. Written notice shall be provided at least thirty (30) days before the date of intended termination. Upon cancellation by Client, access to the Program and Services will be terminated. However, cancellation of the participation and/or this Agreement by Client will not extinguish the Client’s obligation to pay the full Program fee as outlined in this Agreement. Client will remain obligated to pay all remaining unpaid Program fees in full. OR Upon termination, Client can agree to being awarded a credit of paid amount to Rachel Vineyard Wellness LLC for future programs.
(b) In the event that Client engages in abusive or unprofessional behavior in the utilization of the guide, towards representatives of the company or other Company affiliations, if applicable, Company reserves the right to cancel Client’s participation and terminate access to the Services, without notice. No refund will be provided in the event that this takes place. Client will remain obligated to pay all remaining unpaid fees in full.
(c) Client’s failure to effectively participate in the Program is not grounds for a refund.
(d) Refund Policy. Due to the nature of the Services, no refunds can be provided. Client understands that disputing a charge through his or her financial institution (in the form of a “chargeback”) is a violation of this Agreement and agrees to not do so. Please refer to Section 2(c) for our chargeback policy.
6. No Guarantees
(a) We cannot guarantee the outcome of the Services and/or participation in the Program. We make no guarantees other than that the Services described in Section 1(a) shall be provided to you in accordance with this Agreement. Client acknowledges that Company cannot guarantee any results of the Services/Program as such outcomes are based on subjective factors (including, but not limited to, Client’s participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. Client not achieving his or her desired results is not grounds for a refund.
(b) Technical issues. If the learning materials provided via the download are inaccessible, Company shall have 72 hours to re-deliver access to Client.
(c) From time to time, and upon Client’s request, Company and/or its representatives may provide Client with recommendations or referrals for third-party service providers. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
(d) Affiliate links. Company may provide Client with affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
7. Confidentiality
(a) Client Information. Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (“Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified here without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information.
(b) Company Information. Client agrees to keep confidential any Confidential Information, as defined in Section 7(a), shared by Company in the guide. Any Confidential Information shared by Company, its employees, or contractors is confidential, proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal, or make use of any Confidential Information or any guides. Client agrees not to use such Confidential Information in any manner. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss, and theft.
(c) Non-Disparagement. Client shall, during and after the utilization of the guide, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services, or products, other than to comply with law. This provision in no way restricts a Client’s ability to communicate reviews or performance assessments about a Company’s goods or services.
(d) Violations of Confidentiality. Client agrees that if Client violates or displays any likelihood of violating this Section 7 the Company will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
(e) Client Features. Notwithstanding the above section, Company may choose to feature Client on its website, social media channels, etc. Client agrees to allow Company to share its likeness, achievements, and success, unless otherwise agreed to by the Client. Company agrees to maintain the confidentiality of any and all sensitive and confidential information and to provide Client with a preview of the feature prior to publication on its website. Features which do not name or identify Client directly will not require prior authorization.
8. Independent Contractors
(a) Independent Contractor Relationship. This Agreement shall not render Company an employee, partner, agent of, or joint venturer with the Client for any purpose. Company is and will remain an independent contractor and service provider in its relationship to the Client. Company is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Company regarding services performed for the Client shall be considered a suggestion only, not an instruction. Company and Client agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Client and Company.
(b) Taxes & Benefits. Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
9. Ownership of Intellectual Property
- IP Ownership. Client agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property, without Company’s written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Program is property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.
Remove & Restore™and Rachel Vineyard Wellness ™ are trademarks of Rachel Vineyard Wellness LLC The Remove & Restore™ is a copyrighted work of Rachel Vineyard Wellness LLC.
(b) No Resale of Services Permitted: Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Guide. This agreement is not transferrable or assignable without the Company’s prior written consent.
(c) Client agrees to not share access to the materials with others. This includes parties that have not purchased access to the Guide, or any other third party that Company has not authorized access to.
10. Warranties
(a) Company’s Warranties. Company represents, warrants, and covenants that Company has full authority to enter into this Agreement and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Client’s Warranties. Client represents, warrants, and covenants that Client has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases, or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties, whether performance is due now or during the Term.
(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.
11. Limitation of Liability
(a) In no event shall Company have any liability to Client for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort, or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and
(b) In no event shall Company’s liability to Client exceed the fees paid by Client under these terms, whether in contract, tort, or under any other theory of liability.
(c) The limitations in this Section 11 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under Section 7.
(d) Client understands that the information presented in the Guide is not legal, financial, therapeutic, mental health, or medical advice and Company is not a law firm. All of the information provided throughout the Guide and other Services, including e-mail, live events including webinars and video/audio recordings educating about health information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Client understands that Company does not and will not provide any form of diagnosis.
If a coach or individual within the Program is licensed in some professional manner (JD, MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), Client understands that these individual(s) are not acting within their capacity as a licensed professional(s) and provide information for educational purposes only.
12. Entire Agreement; Modification
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.
No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
13. Neutral Construction
This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because they were prepared by Company or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
14. Changed Terms
Parties may amend this Agreement by mutual Agreement and in writing, signed and agreed to by both parties.
15. Assignment
This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement.
16. Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Rachel Vineyard Wellness LLC
Georgetown, KY 40324
E-mail: [email protected]
To Client at Client’s mailing and/or e-mail address provided at the time of purchase.
Any party may change its address for purposes of this section by giving the other parties written notice of the new address.
17. Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Kentucky as applied to contracts that are executed and performed entirely in Kentucky. The exclusive venue for any proceeding based on or arising out of this Agreement shall be Scott County, Kentucky. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
18. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
19. Severability
Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.
Questions about these Terms and Conditions? Email us at [email protected]
Updated: 03/11/2023
DISCLOSURE:
This guide is provided for educational and informational purposes only and does not constitute providing medical advice or professional services. When one chooses to use the supplements listed in this guide, you are using them at your own risk and understand that all responsibility falls on you as a user. The information provided should not be used for diagnosing or treating a health problem or disease, and those seeking personal medical advice should consult with a licensed physician or provider. Always seek the advice of your doctor or other qualified health provider regarding a medical condition and before adding any supplements to your routine. Never disregard professional medical advice or delay in seeking it because of something you have read in this guide. If you think you may have a medical emergency, call 911 or go to the nearest emergency room immediately. No physician-patient relationship is created by this web site, this guide or its use. Neither Rachel Vineyard Wellness LLC nor its employees, nor any contributor to this guide, makes any representations, express or implied, with respect to the information provided herein or to its use.
All copyrights to this guide and its contents are the property of the Rachel Vineyard Wellness LLC. Except when indicated, to reproduce, distribute, and display copies of content material for anyone other than the purchaser is hereby prohibited.
RVW LLC does not warranty, guaranty, or promise results of any kind when using this guide, and no refunds of any kind are granted.
While we are committed to only using products from companies we have tried and loved, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services. You should use them at your own risk and make all the appropriate investigations you need to on your own to feel comfortable using them.
We disclose we may receive a small percentage for referring you to any product you may purchase from this guide. These small fees help sustain our small business. We truly appreciate your support.
To the extent permitted by law, we disclaim any and all liability pertaining to your use, purchase, or download of this guide and the products listed. Please use this guide at your own risk, after making an independent assessment of risk.
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