TAO Health, LLC

Terms & Conditions

TAO Health LLC

Effective date: 9/20/21

 

CLIENT SERVICES AGREEMENT (the “Agreement”)

Private Health Coaching Call with Dr. Tara O'Desky

 

 

Service Purchased: Coaching Call (the “Program”).

Investment: $297 (hereinafter referred to as the “Investment”).

 

This Agreement is made effective as of the date of purchase of the program by and between Dr. Tara O'Desky of TAO Health LLC (hereinafter referred to as the “Coach”) and the client (hereinafter referred to as the “Client”). The Client and the Coach will collectively be referred to herein as the “Parties”.

The Parties hereby agree to the following:

 

  1. Program/Service Description

      1. Coaching Calls: One time video call, 60 minutes, via Zoom

      2. Support: For 30 days after your call, you may contact me via email at [email protected] with questions or concerns and I will respond within 48 hours.

      3. After our call you will receive a follow up email with guidance as well as any guides we discussed such as the Rosacea Healing Guide or the Menu/Recipe Guide.

 

2. Payment

The Client will pay the Investment pursuant to the following terms:

Full payment is due at time of booking through Setmore Booking Site. No exceptions.

Late / No Payments:

The Coach 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.

 

3. Refund Policy

The Coach will do everything within her 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.

 

4. Term

The Coaching Call is one hour long and the email support is 30 days long and begins on the day of the Coaching Call (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, the Client may book a follow up appointment; a separate and distinct agreement will be entered into and agreed upon at that time.

 

5. Client Commitments

The Client agrees to the following as part of the Program:

      1. The Client shall participate fully in the Coaching Calls, and any other part of the program, to the best of his/her ability.

      2. The Client shall immediately inform the Coach of any issues or difficulties he/she may have with the Program.

      3. The Client shall complete payment of the Investment according to the Terms herein. 

      4.  The Client shall complete all requested forms at least 24 hours prior to scheduled meeting time.

         

6. Coach Commitments

The Coach agrees to the following as part of the Program:

      1. The Coach shall participate fully and intently in the Coaching Calls, and any other part of the program, to the best of his/her ability.

      2. The Coach will support the Client to the best of his/her abilities in accordance with Section I of this Agreement.

      3. 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.

      4. The Coach agrees to conduct the Coaching Calls/Sessions by video call.

         

 

7. Disclaimer

The Client understands that the Coach is a licensed chiropractor in the state of Massachusetts but is not a medical doctor, dermatologist or personal physician and is NOT a licensed medical professional outside the state of Massachusetts. The Coach is not YOUR doctor and is not acting as your doctor in any capacity of your work together. Therefore, she is not offering you any medical advice or acting as a medical professional in any way, and for purposes of this Coaching Call, she is considered a HEALTH COACH.

 

 

The Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with his/her personal 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 his/her diet, exercise regimen, supplements, medications, or lifestyle with his/her physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to his/her lifestyle. The Client understands that the Coach is not a nutritionist, medical doctor, dermatologist, and/or a psychotherapist or psychologist.

 

Further, the Coach has not promised, nor shall she be obligated 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 his/her 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 cancel or reschedule his/her appointment by emailing the Coach at [email protected] or through the Setmore booking site. If the Client does not show up at the time of the call or has not given 24 hours notice, no refund will be issued. If the requested forms are not returned at least 24 hours prior to the scheduled call, the call will be re-scheduled.

 

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, TAO Health 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 TAO Health 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

Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Massachusetts. The arbitration hearing shall be held in the state of Massachusetts. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Coach.

 

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 Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Massachusetts, United States as they apply to contracts entered into and wholly to be performed in the State of Massachusetts, United States. The Federal and State courts within the State of Massachusetts, United States shall have exclusive jurisdiction to adjudicate any dispute arising out of or from this Agreement.

 

15. Photograph and Testimonial Release

 

The Coach will occasionally use anonymous 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 his/her 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 his/her name or identifying information. If you do not want any photographs or communications to be used, you must let the Coach know at the time of your Coaching Call.

 

 

I HEREBY CERTIFY THAT I, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE.

 

As agreed to by:

_____________________________________ _______________

Client, Agreed to Upon Booking in Setmore Booking Site

__________________________________ _______________

Tara O'Desky (on behalf of  TAO Health LLC)             

 

 

 

[END OF AGREEMENT]