CLIENT AGREEMENT

Journey to Health with Priya LLC

928-662-9785

 

WAIVER:

 

You represent that you do not have any health condition that strenuous exercise could make worse. You understand that your trainer is not medically trained to monitor your health during exercise. You agree to contact your own doctor for any questions regarding your ability to exercise safely. This program is for your recreational use only and nothing stated, given, or written should be taken as medical advice. (For those opting for fitness training add ons)

You acknowledge that you are aware that Journey to Health with Priya LLC. its members, officers, agents, employees and independent contractors are not medical doctors and do not diagnose disease. You also acknowledge that you have been warned that you should consult a Physician before undergoing any dietary or food supplement changes. You also affirmatively state that you have disclosed any and all known medical or genetic conditions, medications you use, and any significant personal or family medical history. Any recommendations that you follow for changes in diet, including but not limited to the use of food supplements, are entirely your choice and your responsibility. You are knowingly assuming any risk associated with nutritional counseling.

In consideration of your participation in nutrition counseling, you hereby accept all risk to your health that may result from such participation and you hereby release Journey to Health with Priya LLC, its members, officers, agents, employees and independent contractors from any liability whatsoever to you, your personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to your property and for any and all illness, injury or other harm to your person, including your death, that may result from or occur during your participation in nutrition counseling. whether caused by the sole or concurrent negligence of Journey to Health with Priya LLC, its members, officers, agents, employees and independent contractors.

You further agree to indemnify and hold harmless the Journey to Health with Priya LLC, its members, officers, agents, employees and independent contractors, to the fullest extent permitted under law, from any and all liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in the described nutrition counseling session.

Renewal:

You may renew this agreement, and keep your reserved time slot, only by making a payment on another package before your last paid session/call. A payment on any new package of sessions renews this agreement. We may increase rates at any time. except for the sessions included in this agreement. We are not obligated to renew this agreement at the rate in this agreement.

A. If you cancel or reschedule a session/call after 6:00 pm the day before your appointment, it counts as a used session/call. This policy is strictly enforced with no exceptions. You may cancel or reschedule your session/call by texting me at 928-662-9785, even on weekends, by 6:00 the day before your appointment. If you text to cancel or reschedule a session/call after 6:00 pm the day before your appointment, it counts as a used session/call. This policy is strictly enforced with no exceptions. Excessive cancellations interfere with your progress and our scheduling you. If we believe your cancellations are excessive, we will discuss this with you, but we reserve the right to cancel your reserved time slot.

B. You may cancel this agreement within 3 business days of its making, upon delivery of written notice to email and/or address. You will receive an email or text reply confirming our receipt of your message. You will receive a complete refund of all monies paid within 30 days after receipt of the notice of cancellation made within the 3- day provision. You may also cancel this agreement under other conditions stated on the cancellation/termination. Your agreement will not be cancelled until you receive an official cancellation notice from us. This agreement contains a waiver of any right you may ever have to claim any damages for loss, injury, or death from Journey to Health with Priya LLC, its officers affiliates, and others having a vested interest in Journey to Health with Priya LLC.

Cancellation upon death or disability: This agreement can be canceled if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the agreement until the time of disability, with refund of funds paid or accepted in payment of the agreement in an amount computedby dividing the agreement price by the number of weeks in the agreement term and multiplying the result by the number of weeks remaining in the agreement term. The buyer or the buyer's estate seeking relief under this paragraph shall provide proof of disability or death. A physical disability sufficient to warrant cancellation of the agreement by the buyer shall be established if the buyer furnishes to Journey to Health with Priya LLC a certification of such disability by a physician licensed under Arizona's Law to the extent the diagnosis or treatment of the disability is within the physician's scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.

Other Cancellation Provisions: If Journey to Health with Priya LLC goes out of business, you may cancel this agreement and receive a complete refund of all dues paid for future services within 30 days after receipt of the notice of cancellation. Notice of intent to cancel by the buyer shall be given in writing to Journey to Health with Priya LLC. Any notice of intent to cancel or termination by client under any provision of this agreement must be delivered via email to priya@journeytohealthwithpriva.com. Your agreement will not be considered cancelled until you receive an official cancellation notice from us.

Refunds: All fees for this Agreement are immediately earned by Journey to Health with Priya LLC. All coaching fees are non-refundable, unless specifically stated otherwise in the agreement. If you are entitled to a refund, your refund will be limited to unused sessions. In no event are you entitled to a refund for used sessions.

Termination for Cause by Journey to Health with Priya LLC: Company may, at its option, terminate your agreement if: you fail to make timely payments under any payment plan, any monthly payments or dues are late. the monthly EFT/RCC payments or dues are interrupted or discontinued for any reason and you or your cosigner do not provide an acceptable alternative, you fail to follow any of Company membership policies or club rules or violate any part of this agreement, or your conduct is improper or harmful to the best interest of Company or its members. Termination is effective on the date Company emails a written notice to your last known email address. You are liable for all financial obligations until that date.

Termination Without Cause by COMPANY: Company reserves the right to terminate your membership for any reason not stated above and not prohibited by law. If Company does so, it will email a written termination notice to your last known email address and refund any unused prepaid dues.

Client's Assumption of Risk, Waiver and Release of Liability, and Miscellaneous Provisions:

In consideration of the permission to use the services, and products provided by Journey to Health with Priya LLC (hereafter The Company) today, and at any time in the future, I understand and agree to all of the following:

Assumption of Risk: I understand that any physical activity carries with it an inherent risk of injury. Strength training can involve strenuous exertions of various muscles placing stress on the muscles, bones, and joints. Cardiovascular training can involve sustained physical activity placing stress on the heart, arteries, and blood pressure. Risk of injury may be minor such as soreness, sprains, strains, and bruises, or serious such as heart attack, stroke, paralysis, and death. I understand these risks and agree to assume all risk of injury or illness associated with exercise whatever the cause.

Waiver and Release of Liability: I voluntarily and knowingly agree on behalf of myself, my spouse, my heirs, personal representative assigns, and anyone else claiming by or through me to release, waive, and discharge The Company, its directors, officers, owners, employees, volunteers, independent contractors, agents, assigns, successors, vendors, suppliers, equipment manufacturers, lessors, consultants, other clients, and all others associated with them (collectively "all others") from all liability from any and all claims, demands, or suits arising from the acts, failure to act, or conduct of any of them arising from their negligence (whether ordinary or gross breach of duty, or any other theory of legal liability for (1) any physical or emotional injury or illness suffered by me (including death) arising from my attending The Company or using its equipment, facilities, services, products, and/or premises; and (2) any damage to, loss of, or theft of my property.

Indemnification and Hold Harmless: I agree on behalf of myself, my spouse, my heirs, personal representative, assigns, and anyone else claiming by or through me to indemnify and hold harmless The Company and all others by paying all costs and attorneys' fees they incur in investigating and defending a claim or suit if such claim or suit is withdrawn, or if a court determines for whatever reason (including the enforceability of this agreement), that The Company and or others are not liable for the injury or loss.

Denied Payment Charges: If my payment is denied for any reason, I agree to pay a $25.00 service charge plus the amount of the denied payment within 5 days. I agree to pay all costs of collection, including reasonable attorney's fees and court costs.

Interpretation: This agreement is intended to be interpreted as broad and as inclusive as permitted by the laws of Arizona to relieve The Company, and all others associated in any way with The Company. from all liability for any and all claims for damages due to injury or property loss based on any legal theory.

Severability and Venue: If any portion of this agreement is held invalid, the balance of the agreement shall continue in full legal force. Any legal action shall be brought in Coconino County, AZ.

Program Compliance: I agree to cooperate in completing questionnaires/food logs/pictures/other assessment material on a timely basis so productive coaching can occur. I know as a Client I am responsible for the actions I take. I have the sole responsibility to contact my physician for approval for participation in coaching if coaching is for health reasons.I recognize that any activity in which problems/life situations are discussed bears some risk, which I the Client agree to accept in its entirety. I agree to hold harmless and indemnify Journey to Health with Priya LLC, its officers, directors, agents and representatives from any liability whatsoever resulting from my participation in coaching activities, including but not limited to medical expenses. I accept the risk of any decision, action or outcome based on the coaching relationship. I acknowledge that expectations and results or participation in coaching activities vary among individuals and that each individual may not receive the same benefit.

Media Release: I understand and accept that my image, comments, likeness, accomplishments, goals, and challenges I overcame may be used by Journey to Health with Priya LLC and that am not entitled to any compensation for such use. I reserve the right to have the aforementioned remain private by submitting such a request within 15 business days of signing this agreement. I understand that my image and voice may be recorded/captured during calls, online sessions, and in person.

 

 

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Entire Agreement: I have not relied on any oral representations by anyone in addition to, or inconsistent with, the written terms of this agreement.

By signing below I acknowledge I have read, understand, and agree to all terms on the entire agreement, and have received a copy of this agreement, or that one will be sent to me electronically within 48 hours of signing this agreement.