By clicking to purchase this product, you agree that you have read and agree to the following:
This Health Coaching Agreement (this “Agreement”), dated as of July 20th, 2023 (the “Effective Date”), is by and between CIM Medical, PLLC / Dana G. Clark, MD (“Coach”) and (“Client” or “You” and together with Coach, the “Parties”, and each a “Party”). The Parties agree as follows:
Client-Coach Relationship
An effective coaching relationship requires mutual understanding and respect between the Coach and the Client. That requires the parties to agree to some basic tenets of coaching, including:
Coach and Client agree to communicate honestly, to be open to feedback, and to make time and space to participate fully in the coaching sessions called for hereunder. Client specifically agrees to be open to coaching.
By participating in the coaching, you agree to accept personal responsibility for the results of your actions. You agree that the Coach has not made any guarantees about the results of taking any action, whether recommended during any coaching session or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Coach.
Medical Content
This program is meant for use by or with the assistance of a physician or other qualified healthcare practitioner. While we have made every effort to be timely, accurate and objective, CIM Medical, PLLC does not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the medical content discussed during the course of the coaching. Level of Evidence for Patient Care Recommendations - Unless otherwise stated, the level of evidence is C. Practitioners should evaluate the information, comments, and opinions using their own expertise, and applicability to patient care.
No Physician Patient Relationship
The Coaching is not intended to be a substitute for personalized professional medical advice, diagnosis, or treatment by appropriate consultative specialists. Your use of this information, including implementation of any suggestions set out in this presentation, does not create a physician-patient relationship between you and Dr. Dana G Clark or any of our coaches.
Patients should not delay in seeking medical care for any medical concern or condition they have from their personal physician. CIM Medical, PLLC hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Content, which is provided as is, and without warranties. Furthermore, CIM Medical, PLLC does not warrant the performance, effectiveness or applicability of any techniques or products listed or discussed in the Content.
Coaching Sessions
The Parties will engage in coaching sessions as purchased by Client as detailed in the purchased package description, and will be conducted via secure video link. Client shall be responsible for showing up to the sessions as published in the schedule or watching the recorded replays. In exchange for this service, the Client shall make the payment set forth on the checkout page at the time of purchase.
Refund Policy
The Company provides a 7 day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.
We want You to be satisfied with your purchase, so we offer a no-questions asked money-back guarantee. To claim a refund, You must request your money back within Seven days of the purchase. You may request your money back by emailing [email protected]. That email must reference the Program, set out the date of Your purchase, and the email and name associated with the purchase. You are not required to submit any proof that you have completed any work or meet any other requirements.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund, less a $15.00 processing fee. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, handouts, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources. Furthermore you will no longer be eligible to make purchases or participate in any programs offered by CIM Medical, PLLC.
Confidentiality
The Coach shall treat the relationship with Clients, as well as all information shared by the Client, as confidential. Coach shall not disclose the existence of the relationship or any information shared during the group sessions without the Client’s written consent. This means that the Coach will not disclose the Client’s name as a reference without the Client’s consent. However, as these are group sessions, the participants will be able to see one another on the calls, and the calls will be recorded and available on the private portal for a specified time after the start of the program.
Client should be aware that a coach-client relationship does not give rise to privilege or any other legally protected confidentiality. That means that Coach could be ordered by a court to disclose information related to the relationship. Coach will notify Client of any legal request that would implicate Client’s information prior to disclosing it but may not be able to oppose disclosing the information.
Confidential Information does not include information: (a) known to Coach prior to Client disclosing it; (b) that is generally known to the public or in the industry; (c) obtained by Coach from a third party, without breach of any obligation to the Client; or (d) that is or was developed independently by Coach without use of or reference to the Client’s confidential information.
Use of Public Comments And Praise
To preserve the Client’s confidences, the Coach will not publicly post anything about Client’s sessions or coaching experience on social media or otherwise without the Client’s express written permission.
To the extent Client chooses to make any public disclosures about the coaching experience, whether through social media or other media, the Coach may reshare that information. This will include the right to reshare the Client’s comments, praise, or other disclosure on social media and other online platforms. In other words, if you choose to say anything about the coaching experience publicly, the Coach has the right to use those public comments to market and promote the Coach’s business.
This will include any necessary licenses to the copyright in your post and the right to use your name, image, or likeness (to the extent they are attached to your post) to promote the Coach’s business.
Limitation of Liability
IN NO EVENT SHALL Coach BE LIABLE TO Client OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT Coach HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
Choice of Law & Choice of Forum
The parties agree that this Agreement shall be construed under the laws of Texas regardless of any choice of law rules.
Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through individual, non-class arbitration to be held in Dallas, Texas under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Fee Shifting
The Parties agree that the prevailing Party in any action relating to or arising out of this Agreement will be awarded its reasonable attorneys’ fees and costs incurred as a result of such a proceeding.
Miscellaneous Clauses
The Parties further agree:
Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.
Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Assignment. Neither Party may assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Party. For the avoidance of doubt, any party may rely upon employees or independent contractors to perform any work required of it in this agreement, but the Party shall remain ultimately responsible for the completion of that work and its quality. Any purported assignment or delegation in violation of this Section shall be null and void.
Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither Party shall have authority to contract for or bind the other party in any manner whatsoever.
No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Indemnification. Each Party (the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the other Party, its officers, directors, employees, and agents for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from the Indemnifying Party’s (i) breach or non-fulfillment of any representation, warranty, or covenant in this Agreement, (ii) breach of this Agreement, or (iii) grossly negligent behavior in connection with this Agreement.
Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.
Force Majeure. Neither Party shall be liable or responsible to the other, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of that Party including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. If the event in question continues for a continuous period in excess of 15 days, either Party shall be entitled to give notice in writing to the other to terminate this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date by their respective duly authorized officers.
Client:
By_____________________
Name:
CIM Medical, PLLC
By_____________________
Name: Dana G Clark, MD
Coaching services are intended for individuals who are in generally good health, are generally well adjusted, are functioning effectively, and are not in need of medical treatment (including for mental health disorders). Coaching does not involve the diagnosis or treatment of any medical or mental disorders and does not prevent, cure, or treat any mental disorder or medical disease. Further, coaching is not a substitute for therapy, counseling, psychoanalysis, medical treatment, substance abuse treatment, or the advice or services of a medical professional. It is the Client’s responsibility to seek independent guidance from medical professionals to the extent necessary.