This Private Coaching Agreement (this “Agreement”) is entered into between Joan Mancing, d/b/a Chapter 3 Wellness LLC (“Coach”), and the individual whose name appears and is submitted below on this One on One Coaching Packages purchase form on the website located at www.chapter3wellness.com (“Client”). This Agreement is effective as of the date submitted by Client.
I. Coach Agreements.
A. Coach will provide the number of weekly 50-minute health and wellness coaching sessions to Client via Zoom as described in the purchased package on the website located at www.chapter3wellness.com (the “Website”), each as scheduled between Coach and Client. If Client is a new client for Coach, the first meeting will be 90 minutes and the remaining sessions will each be 50 minutes; if Client is a returning client, all sessions will be 50 minutes in duration.
B. Coach will arrive to appointments on time. Coach will provide notice as early as possible via email, phone, or text in the event of a need to delay/cancel/reschedule a session, but no closer than 24 hours prior to the session, unless an emergency arises. If the session cannot be rescheduled for the week, it will not be counted as a used session in the package.
C. Coach will provide health and wellness coaching on the topics agreed between Coach and Client. Coaching topics will focus on the modifiable lifestyle areas of diet, exercise, sleep, stress management, and related topics, as determined by Client and Coach.
D. Coach will maintain strict confidentiality with regard to all personal information shared by Client during coaching sessions, except as otherwise authorized by Client in writing. Other than such Client-authorized sharing of information about Client, Coach will only disclose Client information to relevant authorities if required by applicable law.
E. Coach is a National Board Certified Health and Wellness Coach (“NBC-HWC”) and a Functional Medicine Certified Health and Wellness Coach (certified by the Functional Medicine Coaching Academy). Coach represents that she is not a doctor, nurse practitioner, psychologist, nutritionist, dietician, or fitness trainer, and that all services provided will be limited to health coaching.
II. Client Agreements.
A. Once payment has been received by Coach, Client will receive access to Coach’s scheduling page for private coaching located on the Website. Client will schedule all 10 sessions over 3 months, or all 20 sessions over 6 months, as applicable. Sessions may be rescheduled as needed by Client, subject to Coach’s cancelation/rescheduling policy, set forth below.
B. Client agrees to attend the 10 sessions within a 3-month period or 20 sessions within a 6-month period, as applicable. Client shall provide notice by text, phone, or email at least 24 hours in advance of any need to cancel or reschedule. Coach will cooperate reasonably with Client to reschedule sessions, but in the event of repeated cancelations or failures to show, cancelations made less than 24 hours prior to a scheduled session may be subject to forfeit (with no refund to Client), at Coach’s sole discretion.
C. Client agrees to arrive on time for all Zoom sessions. Client will notify Coach as soon as possible via text or email in the event of a need to delay/cancel/reschedule a session. If Client is up to 15 minutes late to a session without prior notice to Coach, that session will still end at the regularly set time. If Client is more than 15 minutes late for a session without prior notice to Coach, then that session will be deemed canceled and the session will be subtracted from remaining sessions in the package without refund to Client.
D. If Client and Coach reasonably need longer than 12 weeks to complete the 10 sessions due to schedule conflicts, or 24 weeks to complete the 20 sessions, as applicable, the coaching package shall continue until all sessions are used, but in no event longer than 16 or 28 weeks, as applicable. Unused sessions thereafter will not be refunded to Client, unless otherwise agreed by Coach, in Coach’s reasonable discretion under the circumstances.
E. Client understands and agrees that health coaching is a unique process focused on goal attainment and behavior change. Client further understands and agrees that health coaching is in no way to be considered or construed as psychological counseling or any type of therapy or medical intervention or as a substitute for any of the foregoing. Coach will not diagnose or treat any medical or mental health condition. Client understands and agrees that Coach is not a medical provider, licensed dietitian, nutritionist, counselor/mental health therapist, or fitness trainer. Client is encouraged to seek professionals in these fields for expert advice/diagnosis/treatment as needed. Client will not discontinue any treatment or advice from her own medical or mental health providers as a result of receiving coaching services under this agreement, without first obtaining the advice of the relevant medical or mental health professional (s).
F. Client agrees that coaching results cannot be guaranteed. Client further agrees that Client is fully responsible for the choices and decisions Client makes and is solely responsible for her own results.
G. Client understands that participation in health coaching is voluntary and that Client may withdraw at any time by notifying Coach by email or text. Unused sessions from the then-current package shall be refunded, minus a cancellation fee of $100.00.
H. Client agrees that Coach may release Client from coaching for any reason including, but not limited to, inappropriate behavior by Client. In such event, Client shall receive a refund for all unused sessions, minus a $100 cancellation fee.
I. Client agrees to hold Coach free and harmless from all liability and responsibility related to any actions or omissions of Coach and any adverse results or adverse situations created as a direct or indirect result of a specific referral, information, or advice given by Coach.
J. Client understands and agrees that all worksheets, documents, and slides that Coach may provide to Client in the course of coaching are the copyright-protected property of Coach, or have been licensed to Coach by their owners for use in coaching. Coach provides all such materials to Client under a non-exclusive license for Client to use such materials solely for Client’s personal use. Client will not revise, reproduce, or share (including by posting on social media or any public forum) such materials without Coach’s prior written permission. Client will not modify or use any such materials for commercial gain or to provide any coaching or other services, with or without payment to Client.
III. GENERAL
A. This Agreement is effective as of the date it has been fully signed by both parties, and shall remain in effect until all services set forth below are completed, unless sooner terminated by the parties as set forth below.
B. In the event of a dispute, claim, or controversy between Client and Coach arising out of or relating to this Agreement or any breach of this Agreement, that the parties cannot resolve together, the parties agree to submit the dispute to binding arbitration in the Commonwealth of Pennsylvania before one (1) arbitrator. The arbitration shall be administered by the American Arbitration Association pursuant to its arbitration rules. The arbitration shall be governed by the laws of the Commonwealth of Pennsylvania. Each party shall bear its own costs of participating in the arbitration.
C. This Agreement constitutes the entire agreement between the parties with respect to the coaching services provided by Coach to Client hereunder, and supersedes all prior or contemporaneous agreements, representations, or understandings, whether written or oral, between the parties.
D. This Agreement shall be governed by and construed under the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles.
E. All notices and other communications hereunder shall be in writing and shall be effective when delivered by email or mail or sent by reputable overnight courier service.
F. The provisions of this Agreement regarding confidentiality, medical disclaimers, Client’s responsibility for Client’s outcomes, Client’s adherence to the advice of her medical and other healthcare professionals, and copyright/intellectual property shall survive termination/expiration of this Agreement.
G. This Agreement may only be amended in a writing signed by both parties.
Coach’s name typed below demonstrates Coach’s agreements above.
Client’s submission of payment for one-on-one coaching, and checking the box for having agreed to this Agreement via the the Website demonstrates Client’s agreements above and reflects a complete understanding of the services provided.
Joan Mancing
Owner, Chapter 3 Wellness LLC