This Agreement is made upon enrolling in programs & services between Yum Tum Nutrition, LLC/Melanie Stewart and the person named at the end of this document, [the Client]. This Agreement pertains to the program & services the Client is currently enrolling in and includes all future services & programs provided by Yum Tum Nutrition, LLC.
Yum Tum Nutrition, LLC understands that its clients have busy schedules and takes pride in not keeping them waiting or keeping them longer than planned. Each session will end 60 minutes after it was scheduled to begin. Please be on time. If the Client needs to cancel or reschedule the appointment, the Client must do so 24 hours in advance; otherwise, the Client will forfeit that appointment.
The program & services will only be valid for 30 days following the end of the period of time for which payment has been received. If the Client does not attend the agreed upon sessions before 30 days following the end of the period of time for which payment has been received, the program & services will expire, and no refund will be provided.
PAYMENTS AND REFUNDS
The Client understands that payment is due prior to services being provided.
In the event of the Client’s absence or withdrawal, for any reason whatsoever, the Client will remain responsible for the pro rata share of the program & services that have been delivered, plus a cancellation fee of $ 25.00.
The Coach reserves the right to cancel the program & services if at any point she or he feels it is not advantageous for the coaching program & services to continue. If this happens, the Client is only responsible for the pro rata share of coaching services received.
The Client understands that the role of Yum Tum Nutrition, LLC/Melanie Stewart, is not to prescribe or assess micro- and macro nutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, Yum Tum Nutrition, LLC/Melanie Stewart is a mentor and guide whose goal is to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that Yum Tum Nutrition, LLC/Melanie Stewart is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by Yum Tum Nutrition, LLC/Melanie Stewart is not meant to take the place of advice by these professionals. If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplement use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor.
Client also understands that Yum Tum Nutrition, LLC/Melanie Stewart is not a doctor and interpretation of lab results is for educational purposes only. Also, any lab work recommended by Yum Tum Nutrition, LLC/Melanie Stewart is not intended to diagnose, treat, prevent or cure any disease. Any medical questions should be directed to the Client’s healthcare provider.
The Client has chosen to work with Yum Tum Nutrition, LLC/Melanie Stewart and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
If the Client encounters any difficulties, pain, allergic reactions, or adverse side effects they should stop the activity immediately and consult their doctor. Also, if the Client experiences a life threatening medical emergency, the Client should call 911 immediately.
PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS
The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after program & services.
The Client expressly assumes the risks of the program & services, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases Yum Tum Nutrition, LLC/Melanie Stewart from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against Yum Tum Nutrition, LLC/Melanie Stewart, arising from the Client’s past or future participation in, or otherwise with respect to, the program & services.
Yum Tum Nutrition, LLC/Melanie Stewart will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law.
ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
In the event that there ever arises a dispute between Yum Tum Nutrition, LLC/Melanie Stewart and the Client with respect to the services provided pursuant to this Agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the program & services fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client.
This agreement shall be construed according to the laws of the State of Florida. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.
The Client agrees that this agreement is the complete binding agreement and no other oral or written statements will be considered binding.
If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, the Client acknowledges that: (1) he/she has received a copy of this letter agreement; (2) he/she has had an opportunity to discuss the contents with the Coach and, if desired, to have it reviewed by an attorney; and (3) the client understands, accepts and agrees to abide by the terms hereof.
I have read, understand and agree to all the above.