I, the undersigned, enter into this Agreement (this “Agreement”) in connection with my participation in the private coaching program (the “Program”) developed and administered by Monica Spoelstra Metz (“Health Coach”).
Section 1. GENERAL TERMS.
I understand that my participation in the Program is at my sole risk and that Health Coach has not made any promises or commitments to me in connection with my participation in the Program other than to provide the private coaching session(s), handouts, resources, and lifestyle tips, (collectively, the “Materials”).
I understand that I will not receive medical advice or treatment from Health Coach, and that Health Coach is not acting in the capacity of a doctor, psychologist, or other licensed or registered professional. The role of Health Coach is not to diagnose, treat, or cure any disease, condition, or other physical or mental ailment, and nothing in connection with the Program is intended to be a substitute for professional medical advice, diagnosis, or treatment.
I understand that the Materials provided by Health Coach in connection with the Program are provided for informational purposes only, and are not intended as medical advice or as a substitute for medical treatment.
I understand that I should always seek the advice of my personal healthcare professionals if I have any questions regarding my health or related to my participation in the Program. I understand that I should discuss any nutrition and lifestyle changes with my personal healthcare professionals, and should not discontinue any prescription medications without consulting with my personal healthcare professionals.
I am at least 21 years of age. I am of sound mind and have all necessary legal authority to enter into this Agreement.
Section 2. RELEASE AND COVENANT NOT TO SUE.
I expressly assume the risks associated with the Program, whether or not specified in this Agreement, including the risks associated with trying new foods or supplements, and the risks inherent in making nutrition and lifestyle changes. I expressly release, discharge, and hold harmless Health Coach and her respective affiliates, and their respective officers, employees, and agents, from any and all liability, judgments, costs, interest, penalties, expenses, or causes of action, including attorney’s fees, whether known or unknown, of any nature whatsoever, relating to or arising out of my actions or participation in the Program. This release shall apply to any claim that any person claiming through me may have, or claim to have, against Health Coach or her affiliates, or their respective officers, employees, or agents, relating to or arising out of my participation in the Program.
I do hereby, for myself, my heirs, executors, administrators, successors, beneficiaries, delegates and assigns, waive, release, hold harmless and forever discharge any and all rights, demands, and claims against Health Coach and her affiliates, and their respective officers, employees and agents, from any and all claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses, including attorneys’ fees, of any nature whatsoever, arising out of or related to my participation in the Program.
I agree not to sue, file a grievance or an arbitration, or commence any other proceeding, administrative or judicial, against Health Coach or her affiliates, or their respective officers, employees, or agents, in any court of law or equity, or before any administrative agency (public or private), arising out of or related to my participation in the Program.
I understand the implications of my release and covenant not to sue set forth in this Section II, and I do so voluntarily. I acknowledge that Health Coach and her affiliates, and their respective officers, employees, and agents, have relied on my release and covenant not to sue set forth in this Section II and would be detrimentally affected if my release and covenant not to sue are not enforced.
Section III. CONTENT OWNERSHIP.
I acknowledge that the Materials provided by Health Coach in connection with the Program are owned by Health Coach. Health Coach claims all property rights, including copyright, trademark, and other intellectual property rights, in the Materials and I agree not to infringe on those rights. I agree not to copy the Materials, or any portion thereof, without the prior written consent from Health Coach.
Section IV. MISCELLANEOUS.
I acknowledge that I have read this Agreement in its entirety and fully understand its terms. I understand that I am giving up important legal rights, including my right to sue. I acknowledge that I am signing this Agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law, as described in Section II of this Agreement. This Agreement shall be governed by and construed according to the laws of the State of Oregon.