PAMPERED MOM’S PACKAGE AGREEMENT

Note: Clicking on the box above signifies agreement to the following terms and conditions:

Effective Date:        Date of clicking the box signifies the effective date.

Parties:                    Amy de Vernon

AKA “Barefoot in the Grass: Nutrition and Wellness with Amy"

                                 [email protected]

                                 (“Coach”)

 

and 

  Client

                                 (“Client”)

 

1. INTRODUCTION

 

This is an Agreement between Amy, in her capacity as creator of Pampered Mom’s Package (“Coach/NTP”) and “Client” for group coaching services. This Agreement has been reached after an offer and acceptance was made to Client and in exchange for adequate consideration.

 

“Barefoot in Grass: Nutrition and Wellness with Amy” is a company that provides individuals and business owners with education, strategies and support to help them leverage social media to grow their online presence. “Barefoot in the Grass” offers a 12-week group coaching course to help Clients learn and implement a nourishing, traditional diet for themselves and their families, called “PAMPERED MOM’S PACKAGE.”

 

The purpose of the Program is to teach Client what a nourishing (aka “traditional”) diet is and how to implement it into their and their families’ lives and also to form a coaching relationship between the Coach and the clients in the Group Program. This will be done through weekly coaching calls and interactions between the Coach and Client throughout the Term of this Agreement. It is also to form a coaching relationship between the NTP and Client. An additional goal is to help the Client improve their health outcomes through utilizing nutritional foundations and improving their diet based on the Client’s bio-individual needs. This will be done through three intake paperwork forms and the interactions between the NTP and Client for a one month period during the term of this Agreement. 

 

NTP hereby agrees to provide Client with the Package in exchange for payment and performance of Client’s Responsibilities (hereinafter defined). Client agrees to make all payments and abide by all policies and procedures as a condition to this Agreement.

 

By signing this Agreement, Client hereby acknowledges all policies and procedures contained within this document and expresses assent to the following terms:

 

2. TERM

 

This Term of this Agreement shall be twelve (12) weeks, from February 8th “Start Date” to May 2nd (“End Date”.) 

   

3. DISCLAIMER + COACHING DEFINITION

 

For the purposes of the Program, the Coach/NTP is not a doctor, naturopath, nurse, registered dietitian, physical therapist, occupational therapist, psychiatrist, psychologist, therapist, master of science in nutrition, certified personal trainer, or other healer. Client understands that coaching is working with the Coach/NTP to help Client think through and analyze decisions and assist Client with finding his/her own direction. The Coach may offer her opinion regarding decisions, but it is the responsibility of Client to make the final decision and choose the best option for his/herself. 

 

Coaching Services/Nutritional Therapy defined: The Coach is a health/ nutrition coach and Nutritional Therapy Practitioner (NTP) who offers the following Coaching Services as part of the Group Program: 12 week online course, weekly group coaching calls, and one month of individualized coaching. 

 

Nutritional Therapy/Group Coaching Services do not include: 1) professional advice regarding eating disorders; 2) blood or hair tissue labs or testing; 3) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) medical advice; 6) professional advice regarding injuries, health conditions, and/or other defects.

 

Client hereby acknowledges that nutrition coaching is a subjective service and Coach’s methods to provide this service may change in terms of style and/or technique. Coach may use its personal judgment to provide the Program services to Client, even if these methods do not follow strict adherence to Client’s suggestions. 

Client hereby acknowledges that Client is solely responsible for the amount and type of results that Client generates by implementing techniques and advice provided by Coach. Similarly, Client also agrees that he/she is solely responsible for any personal decision and indemnifies Coach from any liability regarding said decision. 

 

4. COACH’S RESPONSIBILITIES

 

Coach promises to offer Coaching Services (as defined in Section 3) as part of the coaching Program. Coaching Services include a 12-week online course via Kajabi course platform, 12 group coaching sessions via Zoom, which will take place each week during the Term of this Agreement, except for the week of Spring break. Coach will also provide educational support materials, including worksheets and PDF’s in addition to weekly Q and A’s/Coaching calls. The Coach also agrees to provide additional feedback in the form of a private Slack Group created exclusively for the “Pampered Mom’s Package” Clients.  

 

For the one month of personalized coaching, the NTP/coach promises to manage the process of each coaching call and email, although the content of each call/email will vary and is dependent on the Client’s goals. 

 

The NTP/coach will use the following techniques to assist the Client:

• Three Nutri-Q forms including the Food and Mood Journal, the Initial Intake Questionnaire, and the Nutritional Assessment Questionnaire.
• Identifying foundational nutritional deficiencies.
• Utilizing diet and/or supplements;
• Questioning and listening techniques;
• Client- oriented goals and recommendations to help Client build new nutrition patterns and habits;
• Reference handouts to educate Client;
• Providing accountability, guidance, challenge, support, and encouragement.

 

 

5. CLIENT’S RESPONSIBILITIES

 

Coach’s Program has been developed for educational purposes only. Coach has established her proprietary Program in order to educate and inspire Client to pursue his/her personal goals. However, Client hereby acknowledges that Coach does not guarantee Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Program. Client accepts and agrees that Client is 100% responsible for his/her results from the Program. Client acknowledges that, as with any endeavor and investment, there is an inherent risk associated. As such, Client agrees there is no guarantee that Client will attain his/her goals by simply completing the Program.

 

Nevertheless, Client acknowledges that he/she can optimize her potential results from the Program by adhering to the following:

 

• Completion of all Program material, including assignments and worksheets if applicable;
• Thoughtful and meaningful participation in all group coaching calls with Coach;
• Utilization of Coach’s feedback within the Group Program’s private Slack Group;
• Completion of all assigned work, material, and research between each coaching call;
• Watching recommended You Tube videos and reading recommended materials.
• Committing to the Program;
• Attending each coaching call at the scheduled date, on time;
• Taking 100% responsibility for Client’s results, 100% of the time.

 

For Personalized Nutrition Coaching:

 

• Filling out all the aspects and details on the Food and Mood Journal to the best of their ability
• Filling out the initial interview and nutritional assessment questionnaire thoughtfully and thoroughly.
• Reading all handouts and/or reference guides, suggested blog posts or You Tube videos.
• Thoughtful and meaningful participation in all nine coaching calls with NTP;
• Utilization of NTP’s feedback during meetings and on email or text;
• The implementation of the agreed upon recommendations. 
• Committing to the Program;
• Attending each coaching call at the scheduled date, on time;
• Immediately rescheduling any coaching calls if necessary and adhering to the rescheduled time and date;
• Taking 100% responsibility for Client’s results, 100% of the time.

 

6. RESCHEDULING POLICY

 

A big component of success is discipline and commitment. In order to achieve optimal results under this Program, Client should commit to the schedule as follows:

 

•     This is a semester Program, consisting of twelve (12) weekly sixty to ninety-minute (90-minute) group coaching calls.

 

•     Coach understands that sometimes, “life happens.” However, Coach does not provide “make-up calls” to any Group Program clients that are absent for a weekly group call, nor does “Barefoot in the Grass: Nutrition and Wellness with Amy” provide any refunds or discounts for Client’s failure to attend any call or complete any portion of the Program.

 

• The personalized nutrition coaching is a 1-month Agreement, consisting of 2 monthly 1-hour calls scheduled in advance, and 2 weekly email correspondence roughly around the same weekly day. Each weekly coaching call will take place at a designated time of a certain day each week. 

 

• NTP understands that sometimes, “life happens.” In order to accommodate situations that unexpectedly arise, NTP agrees to allow up to one (1) rescheduled calls. All requests to reschedule a call must be made no later than 24 hours before the scheduled call. All requests to reschedule must include a date and time within a week at which the rescheduled call can take place, which Client must schedule with Coach’s scheduling link. Failure to do so shall result in Client forfeiting that week’s coaching call with no money back. Any “no-shows” will also result in forfeiture of that week’s coaching call with no money back. 

 

• If Client foresees that more than 1 calls will need to be rescheduled, Client may request a change of the weekly day and time of the phone call by giving NTP at least 7 day’s written notice of the proposed new time. All requests for schedule changes are subject to NTP’s discretion.

 

• The Client agrees that all coaching sessions are to be held within the 3 month coaching window from the starting date of the Pampered Mom’s Package program. Client forfeits any calls that were not rescheduled within this 3 month coaching window with no refunds. 

 

 

7. REFUND POLICY

 

All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds.

 

8. PAYMENT & FEES

 

Client has two payment options to purchase the Program: A) a one-time fee, due in-full before the Start Date; or B) six -month payment plan with a 20% increase   In each case, a deposit of $300 of the total amount is due upon registration. NOTE: A partial payment of one installment of the payment plan shall be treated as a commitment to pay the entire fee for the Program. By submitting a partial payment, Client understands that he/she is contractually bound to make all payments in the timeline outlined in Section 8(A - C). 

TERMINATION

 Coach is committed to providing quality service to all Clients. However, from time to time, situations arise that require the Coach to terminate the Agreement before the Term ends. As such, Coach reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) Client fails to follow Program guidelines; 2) Client is abusive or harasses Coach or other members of the Program; 3) Client refuses to pay or does not pay within the schedule outlined in Section 8 above; 4) Client proves to be difficult to work with; or 5) for any other legitimate business purposes in the best interest of Coach. If any of the following causes trigger Coach to terminate the Agreement, Client is still liable to pay the entire cost of the Agreement.

 

Client dissatisfaction with Company and/or Coach’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client. Even if Client does not complete all portions of the Program, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing this Agreement.

 

10. CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE

 

Confidential Information - 

 

Amy de Vernon (aka “Barefoot in the Grass, Nutrition and Wellness with Amy”),  takes pride in its proprietary information included in each Program. As such, Client agrees and acknowledges all Confidential Information shared through this Program and by the Coach is confidential, proprietary, and belongs exclusively to Amy de Vernon (aka Barefoot in the Grass, Nutrition and Wellness with Amy). 

 

“Confidential Information” includes, but is not limited to:

• Any systems, sequences, processes or steps shared with Client;
• Any information disclosed in association with this Agreement;
• Any trade secrets in connection with the Program or Amy de Vernon’s “Barefoot in the Grass: Nutrition and Wellness with Amy” business practices.

 

Group Container  -

 

From time to time, participants in the group Program may share sensitive, personal or otherwise confidential information. By participating in this Program, Client understands and acknowledges this, and agrees to keep all information discussed as part of the group Program (amongst other Program participants) confidential.

Client understands that the coaching calls are recorded and may be uploaded to the Kajabi course platform for future students to view and learn from. Faces and Names may be viewable in these recorded calls.

 

Testimonials -

 

Coach also agrees to protect Client’s Confidential Information. However, from time to time,  Amy de Vernon (aka “Barefoot in the Grass, Nutrition and Wellness with Amy”)  may use general statements about Client’s success as social proof and part of its marketing strategy. By signing this Agreement, Client agrees to Coach sharing Client’s success stories as testimonials on Coach’s website and/or social media.

 

Intellectual Property - 

 

This Program, content and products contain intellectual property owned by Amy de Vernon (aka “Barefoot in the Grass: Nutrition and Wellenss with Amy”). This Agreement is intellectual property owned by Amy de Vernon (aka“Barefoot in the Grass; Nutrition and Wellness with Amy.”)  Other examples of intellectual property found on our website and within our products and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by Amy de Vernon aka “Barefoot in the Grass: Nutrition and Wellness with Amy” described within this Section in either whole or part without prior written consent. 

 

Limited License - 

 

Amy de Vernon (aka “Barefoot in the Grass, Nutrition and Wellness with Amy”) grants only a limited, personal, non-exclusive and non-transferable license to Client to use the Intellectual Property for your personal and internal business use. You acknowledge that any and all products or Services that you download are for your own personal and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise. 

 

If the Client is also a business owner in a similar industry, Client must not misappropriate any of Coach’s intellectual property and proprietary information in the following manner:

• Teaching Client’s personal clients any of the information, methods, solutions, or formulae owned by Coach and passing it off as her own;
• Copying any of Coach’s course material for Client’s personal use;
• Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Coach in either whole or part without prior written consent. 

 

11. INDEMNIFICATION / LIMITATION OF LIABILITY

 

Client hereby acknowledges that neither Coach nor Amy de Vernon (aka “Barefoot in the Grass, Nutrition and Wellness with Amy”)  is liable for any injuries that may arise from Client’s personal decisions based off of his/her participation in this program, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless both Coach and Amy de Vernon (aka “Barefoot in the Grass, Nutrition and Wellness with Amy”) of any claims that may arise after participation in the Program. 

 

12. MISCELLANEOUS

 

1.           Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
2.           Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
3.           Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
4.           All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us. 
5.           Governing Law - Amy de Vernon (aka “Barefoot in the Grass, Nutrition and Wellness with Amy”) is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of Texas.
6.           Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration. 
7.         Execution - This Agreement may be signed in counterparts. Signatures sent via “scan and email” and electronic signatures shall be deemed valid.

 

 

Signed:  (A click on the box represents an agreement to this agreement on the date it was clicked.) 

If you would like a copy of this contract, please let me know! I’m happy to send it!