This Agreement is made effective as of [INSERT DATE SERVICE BEGINS], by and between The Institute for Functional Health Coaching (hereinafter referred to as the “Company”) and [STUDENT/PARTICIPANT/ENROLLEE] (hereinafter referred to as the “Participant”). The Company and the Participant will collectively be referred to herein as the “Parties”.
The Parties hereby agree to the following:
- Description of Services
- In general, the Company will provide course curriculum to the Participant, as described herein.
- The Company will provide services to the Participant:
- Online course curriculum in the form of online content, webinars, social media, additional resources to and by the Expert Training curriculum.
- Additional services may be added by the Company as promoted by the Company and/or external Experts via virtual services.Additional fees may apply dependent upon service provided and monetary exchange methods supported by the Company.
- The Company agrees to provide the Participant with module formatted training containing content served as a virtual self paced program.
- Term of Services
- This agreement shall continue indefinitely until the Participant completes the program or terminated in accordance with Section IV. Termination below.
- The Participant shall provide payment for services to the Company in accordance to the fee schedule published at https://go.instituteforfunctionalhealthcoaching.com/complete-enrollment17321589 . The Participant will provide payment via credit card or PayPal based on the fee schedule of choice via the enrollment process.
- Fees for services provided by the Company are subject to change and the Company is solely responsible for adjusting the published fee schedule on the site address referenced in section III. Payment, A.
- Either the Company or the Participant may terminate this Agreement at any time, with or without cause, with a written notice within 7 days of enrollment. Written notice shall be sent by the Participant to the Company via electronic mail to [email protected] or by the Company to the Participant to an email address provided by the Participant during enrollment.
- If either party terminates this Agreement, the Participant is held to the payment fee schedule in accordance to the payment option selected during the enrollment process unless the time frame is within the limitation of the cancellation/refund policy https://instituteforfunctionalhealthcoaching.com/r...
- Covenant of Non-Disclosure
- The Participant agrees that he/she will not divulge, disclose or communicate any confidential or proprietary information of the Company to any third party without the Company’s prior written consent. The Company’s confidential and/or proprietary information includes, but is not limited to: [email list subscribers, systems, processes, intellectual property, methods, contracts, business and marketing plans (hereinafter referred to as “Company Information”). The Participant agrees to treat any Company Information learned about the Company during the course of this Agreement as strictly confidential.
- Notwithstanding the provisions of this Paragraph, the Participant shall not be deemed in violation of this Paragraph for disclosing Company Information pursuant to a subpoena or court order, provided that the Participant provides the Company with reasonable prior written notice of such subpoena or court order so that the Company may challenge such subpoena or court order.
- Publishing or sharing screenshots/wireframes of course content will not be allowable for publishing or sharing via any virtual media or written text.
- Mutual Non-Disparagement
- The Parties agree that, at all times during this Agreement and following the date of Enrollment, they shall use reasonable and good faith efforts to refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other party or the other party’s business, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of employees or participants. The Parties further agree to do nothing that would damage either party’s business reputation or goodwill; provided, however, that nothing in this Agreement shall prohibit either party’s disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court. Disparaging comments are not limited to statements within the Company’s site, but include reviews on all social media venues which are accessible by general public and affiliates to the Company.
- The Participant agrees to safeguard the Company login and password information provided to the Participant and used to access services such as course curriculum and content, and/or additional resources provided by and/or linked to contracted parties outside the Company. The Participant will not share the Company’s login and/or password information with any third party without the prior written consent of the Company.
- Relationship of Parties
- The Participant is a student or enrollee of the program serviced by the Company. The Participant is not an employee, agent, and/or partner of the Company and should not in any form represent themselves as an affiliate of the Company. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Participant and the Company.
- The Participant has no authority to make or accept any offers, agreements, and/or representations on the Company’s behalf. The Participant will not make any statement, whether on their sites, social media accounts, or otherwise, that reasonably would contradict this section or imply otherwise.
- Ownership of Work
- The Participant agrees that any services provided by the Company as part of the Company’s Program are the property of the Company only. This includes, but is not limited to, documents, photographs, writings, emails, intellectual property, and any other work content or resource provided to the Participant pursuant to this Agreement.
- At the termination of this Agreement, the Participant agrees to relinquish (delete) all passwords, resources and virtual content.
- Entire Agreement
- This Agreement supersedes all prior written and/or oral arrangements, agreements, and/or understandings between the Parties.
- The Participant agrees to indemnify and hold harmless the Company 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 the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Participant and/or the Company.
- Amendment + Waiver
- No additions, alterations or deletions of any provision of this Agreement will be binding upon the Parties without the consent of both Parties, the change being made in writing, and signed by an authorized representative of each of the Parties.
- The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
- 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.
- Applicable Law
- This Agreement shall be governed by the laws of the state of Tennessee.
THE PARTIES HEREBY CERTIFY THEY HAVE READ AND AGREED TO THE AGREEMENT AS STATED HEREIN.
As agreed to by:
Carmen Hunter (on behalf of)
The Institute for Functional Health Coaching)
[END OF AGREEMENT]