The Parties hereby agree to the following:
1. Payment
The Client will pay the Investment pursuant to the following terms:
Pay in Full:
Investment: 1-time payment of $1349
Payment Due: Investment due before gaining access to the program, and within 7 days of signing this contract.
Payment may be completed by credit card payment via the website portal after this contract, or if you are more comfortable, you can Zelle payment to andrea@andreasargent.com and will be granted access to the program within 48 hours.
Three Month Payment Option:
Investment: 3 monthly payments of $499 for a total Investment of $1497
Payment Schedule / Due Dates:
- Payment 1: $499 due on upon signing the contract (or within 7 days)
- Payment 2: $499 due on or before 30 days from the date of this contract (same day of the month)
- Payment 3: final payment of $499 due on or before 60 days from the date of this contract (same day of the month)
Payment may be completed by credit card payment via the website portal after this contract.
2. Late / No Payments:
Payments are due on or before the due dates listed in this section. Late payments will not be accepted. If a payment is not made on or before the due dates stated herein, the Company will send the Client an email with instructions on how to make immediate payment.
The Client agrees that you are responsible for full payment of fees for the entire course of the Program, regardless of whether you actually attend or complete the Program, and regardless of whether you have selected a lump sum or monthly payment plan.
If a payment is missed for the monthly payment option, The Company will not perform any additional services for the Client until payment is completed and the Client’s access to any client portal or materials may be removed until payment is made. If monthly payment becomes more than 30 days late, the entire balance becomes due and payable on day 31. If your final payment becomes more than 30 days late, a 10% interest penalty will accrue on the balance every 30 days until it's paid in full.
3. Refund Policy
No Refunds
The Company will do everything within their ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. Refunds will not be issued for coaching services already conducted. If, for any reason, the Company is unable to fulfill their obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered.
No Chargebacks
The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, Stripe) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
4. Term & Termination
The Program is 3 months (12 weeks) long and begins on the date of this contract signature (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.
The Client may not terminate the Agreement prior to the end of the Term. The Company may, for any reason, terminate the Agreement prior to the end of the Term, with a refund issued to the Client for any unused portion of the Program.
We are committed to providing all Program participants with a positive Program experience. By signing below, you agree that the Company may, at its sole discretion, terminate this agreement, and limit, suspend, or terminate your participation in the Program without refund or forgiveness of remaining monthly payments if you become disruptive or difficult to work with or if you impair the participation of the Program instructor or participants in the Program.
5. Client Commitments
The Client agrees to the following as part of the Program:
- The Client shall participate fully in the 1:1 sessions, online video resources, group coaching calls, and any other part of the program, to the best of their ability.
- The Client shall immediately inform the Company of any issues or difficulties they may have with the Program.
- The Client shall complete payment of the Investment according to the Terms herein.
- The Client must be quick to implement, quick to ask for help when you need it, and quick to share your wins and tough lessons.
- The Client must keep their 12-week commitment to participate fully in the MyBdyWrx program.
- The Client must respect our Intellectual Property. That means you may not duplicate it or teach/share it elsewhere.
- The Client must let us know if we ever do something to upset you. This gives us an opportunity to apologize and make things right.
6. Coach Commitments
The Coach agrees to the following as part of the Program:
- The Coach must provide you with easy-to-understand training inside our MyBdyWrx Fundamentals Program so you can implement our simple and proven frameworks to create a biomechanically sound body so you can go about your day, and not worry about being side-lined by random pain.
- The Coach must update any training that are outdated or that need to be clarified for easier implementation.
- The Coach must provide you with ample support through our MyBdyWrx Community and Bi-Weekly Group Coaching Calls to ensure you get the help and feedback you need in a timely fashion.
- The Coach shall participate fully and intently in the Coaching Calls, and any other part of the program, to the best of their ability.
- The Coach will support the Client to the best of her abilities in accordance with Section I of this Agreement.
- The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client. The Coach will not divulge that the Parties are in a coaching relationship without your express permission.
- The Coach agrees to conduct the Coaching Calls via the Circle App and virtual 1:1 Sessions by Jane, and in person sessions will be held at the clinic.
- The Coach must hold you to a higher standard than you hold yourself, and keep you accountable to your best results.
- The Coach must be available every week, so you are never more than 1 week away from the answers you need.
- The Coach must listen to you. We will be accessible and respond to your requests every week in the MyBdyWrx Coaching Community.
- The Coach must treat you with class and care in every interaction and work to bring out your best.
- The Coach must apologize if we ever let you down, and do our best to make it right.
- The Coach must not let you off the hook, because if we let you off, we let you down.
7. Disclaimer
The Client understands that the Coach is a licensed Chiropractor in the state of Texas, and is bound by the state laws for the practice of Chiropractic for all 1:1 sessions in the clinic or held virtually. However, the online coaching program, group coaching calls and community conversations and posts fall under Coaching services. Movement and mobility coaching does not involve the diagnosis or treatment of physical health problems or injuries and that coaching is not to be used as a substitute for diagnosis and treatment of injuries. As such, we ask that all health concerns be discussed in private 1:1 sessions to keep your health information private and to not have personal health information recorded on a group coaching call.
When working online in a group coaching setting, The Coach is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with their physician before implementing changes or habits suggested by the Coach. The Client confirms that s/he has or will discuss any and all changes to their diet, exercise regimen, supplements, medications, or lifestyle with their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to their lifestyle.
Further, the Coach has not promised, nor shall they be obligated to in the online group coaching community to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in their life.
8. Cancellations & Rescheduling Appointments
If you are unable to keep an appointment that we have, please provide 24-hour notice to the Coach. The Client can reschedule their appointment online via a rescheduling/cancellation link on their appointment reminder email they receive 24 hours before their appointment. All 1:1 appointments must be complete in the 12 week period.
For the monthly payment option. You will be limited to 2 appointments a month, however you will receive a discount of 10% of any additional appointments you would like to book in that one month time frame. All appointments will need to be fully used by the end of the 12 weeks.
9. Limitation of Liability
Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
10. Indemnification
Client agrees to indemnify and hold harmless the Coach, Dr. Andrea Sargent LLC and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Dr. Andrea Sargent LLC or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach.
11. Arbitration
If you have any complaint or should any issue arise in the use of the Site or Dr. Andrea Sargent, LLC Courses, Services, and/or Products, please contact us directly first by emailing Andrea Sargent at support@andreasargent.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Dr. Andrea Sargent LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 20 miles of Katy, Texas.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Texas. The only award that can be issued to you is a refund of any payment made to Dr. Andrea Sargent, LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
12. Entire Agreement
This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.
13. Severability
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
14. Applicable Law + Venue
This contract shall be governed by the laws of the state of Texas. Any action brought by any party arising out of or from these Terms shall be brought within the Texas County of Fort Bend.
15. Photograph and Testimonial Release
The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of their likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share their name or identifying information.
16. Confidentiality/Privacy
We respect your privacy and must insist that you respect the privacy of other Program participants. By signing below, you agree not to violate the publicity or privacy rights of any Program participant. We respect your confidential comments, and any videos/photos submitted to the private forum for feedback (collectively 'Confidential Information') and must insist that you respect the same rights of fellow Program participants and of the Company.
Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction.
Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.
Permitted Disclosure. Notwithstanding anything in the foregoing, the Parties may disclose Confidential Information to the extent necessary as required by law, a court of competent jurisdiction, and/or any governmental authority or agency. Where permitted by law or legally permissible, the Parties shall disclose a request for information in writing to the other prior to disclosure.
17. Recording Sessions
The Coach will advise the Client in writing in advance of any sessions if their session(s) will be recorded for any reason. The Client may not record any sessions with the Coach without the Coach’s prior written consent.
All group coaching calls are recorded and kept in the coaching community vault for community members to view for reference, support, or for your own review. You will always have the option to turn off your camera in these calls if you do not want to be recorded.
18. Force Majeure
In the event that any circumstances beyond or not within the reasonable control of the Parties, including, but not limited to: an act of God (such as, but not limited to, fire, explosion, earthquake, flood, tsunami, drought, tidal waves, hurricanes, etc.), pandemic, hostilities, war, invasion, curtailment or interruption of transport, threats or acts of terrorism, State Department travel advisory or warning, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such circumstances.
19. No Guarantees, Warranties or Representations
The Coach has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the outcome or success (or the likelihood of such) in working with the Coach. The Client understands that due to the nature of the Program, the results experienced by each client may vary. The Coach does not make any guarantees other than that the Program shall be provided to the Client in accordance with the terms of the Agreement as stated herein.
By signing below, you acknowledge that as with any exercise or fitness endeavor, there is no guarantee that you will be pain-free, physically better, injury-free, or have better mechanics using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of therapy. Health potential is entirely dependent on the person using our product, past history, and current health status. We do not position this product as a “quick fix for all your problems.” Any claims made of health and body changes or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas, and techniques mentioned, your past health history, and your current health status. Since these factors differ according to individuals, we cannot guarantee your success or fitness level. Nor are we responsible for any of your actions.