Wellness Coaching

Wellness coaching is a general term for the process of facilitating healthy and sustainable behavior change and transforming individual goals into action. Health coaching includes exploration of food, physical activity, and lifestyle choices, with an overall focus and journey towards healthy living.

Risks and Benefits

Wellness coaching can have benefits and risks. Since health coaching involves various life change goals, it is important to understand what exactly health coaching is and is not. The role of PreysMD and Preyasi Kothari is not to 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, Preyasi Kothari is to serve as a coach and guide who has been certified as a personal trainer to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. As a coach, Preyasi Kothari is not acting in the capacity of a medical doctor, licensed dietician, or certified nutritionist, and that any advice given by Preyasi Kothari is not meant to take the place of advice by these professionals. If you are under the care of a healthcare professional or currently use prescription medications, you should discuss any dietary changes or potential dietary supplements use with your health care professional, and should not discontinue any prescription medications without first consulting your health care professional. Wellness coaching is not a substitute for medical attention, examination, diagnosis, or treatment. I understand that no promises or guarantees have been made to me as to the results of this health coaching service.

Professional Fees and Billing

Payment for services are due before beginning any coaching with PreysMD. We accept credit card or ACH transfers and request that you keep a credit card on file with us for billing purposes (required for recurring charge plans). 

Payment Policy

PreysMD reserves the right to cancel or cease working with you should you fail to make additional payments in accordance with the agreed payment plan. Should this occur, You understands you are not entitled to a refund of funds already paid to PreysMD  in exchange for work completed up through the time of cancellation, and it is up to the sole discretion of PreysMD whether you will have continued access to any materials made available to you during the program up until payments ceased. 

Refund Policy 

PreysMD is not able to offer refunds once you have purchased the coaching services. You understand this provision, and agree that you are not entitled to a refund once payment has been made to PreysMD. You further agree and understand that changing your mind about the services or program, failing to follow through or understand the details of the program, not experiencing the results you expected or desired, or experiencing any other similar situations does not entitle you to a refund. It is PreyMD’s sole discretion to provide refunds or pause services depending on the circumstances. 

Term & Termination

This Agreement shall last for a term of 12 weeks. Client has the right to terminate the use and access to any Course or Coaching Program. Please send an email to [email protected] to initiate this process. Termination will not excuse Client of further payment. Upon confirmation of termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and Client agrees to be responsible for any additional charges, fees or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
 

Company has the right to terminate access to any Course or Coaching Program if Client is no
longer a fit for the program or Company is unable to fulfill the contract obligations. If
Company terminates the contract, Client will not be responsible for further payment plans, or if they paid in full, will be refunded a prorated amount based on the program materials
consumed and time remaining.

Coaching Calls

Client understands that group coaching calls will only occur during the package time frame
and acknowledges that calls will not roll over if they do not attend.

Client understands that group coaching calls will not go past the allotted time.

Copyright

All coaching services, documents, emails, blogs, digital files, paper documents, and any other
work created by Company in relation to this Agreement is the exclusive and sole property of
Company and are protected by United States Copyright Laws (USC Title 17). Client hereby
agrees that Company’s course and content is owned by PreysMD and is not to be
used for purposes beyond client implementation. Violators of this federal law will be subject
to its civil and criminal penalties.

Confidentiality

Client shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation, the names of any of its course materials, coaching materials, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, elements of its curriculum and/or intellectual property, its coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.

Intellectual Property

You may:

• Access the material for your individual use;
• Download and/or print any Course materials for your individual use;
• Use our trademarks and copyrighted materials ONLY with our prior written consent and proper credit and marking, namely, citing © PreysMD as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with TM.
   

You may not:

• Re-sell or trade your access to the Course;
• Share the Course with anyone else who has not yet purchased it or opted to receive it;
• Reprint any portion of the Course, except as set forth above and for your own individual use;
• Republish any of the Course, in part or in whole;
• Distribute any of the materials contained in the Course or related materials and/or communications as your own;
• Reproduce and alter any part or whole of the Course for distribution as your own work;
• Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Course (and its related communications and materials);
• Use our Course or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

Non-Disparagement

Company and the Client agree that, at all times during this Agreement, they shall use reasonable
and good faith efforts to ensure that neither party engages in any vilification of the other, and
shall refrain from making any false, negative, critical or disparaging statements, implied or
expressed, concerning the other, including, but not limited to, management style, methods of
doing business, the quality of products and services, role in the community, or treatment of
Company. The parties further agree to do nothing that would damage the others 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 or other regulatory body of competent jurisdiction.

Waiver and Release 

1. Physical exercise, sport, and recreational activities may cause injury. I understand that there is an inherent risk of injury when choosing to participate in any physical exercise, sport, wellness, and/or recreational activities.  I take full responsibility for my life and well-being, as well as the lives and well-being of my family and children (where applicable), and all decisions made during and after the duration of the wellness coaching program. I expressly assume the risks of nutrition and wellness coaching, including the risks of trying new foods, and the risks inherent in making lifestyle changes. My participation is a voluntary activity in all respects and I assume all risks of injury and illness that may result from such participation in any individual activities.

2. As the participant, I recognize and acknowledge that there are risks of physical injury and I agree to assume the full risk of any injuries (including death), damages, or loss which I may sustain as a result of participating in any and all activities arising out of, connected with, or in any way associated with wellness coaching activities. I acknowledge that participation in these activities is voluntary.

3. I, on behalf of myself, do hereby fully release and discharge PreysMD and its agents and employees (“Released Parties”) from any and all liability, claims, and causes of action from injuries or illness (including death), damages or loss which I may have or which may accrue to me on account of participation in suggested wellness coaching activities. This is a complete and irrevocable release and waiver of liability. Specifically, and without limitation, I, on behalf of myself, hereby release the Released Parties from any liability, claim, or cause of action arising out of the Released Parties’ negligence. I, on behalf of myself, covenant not to sue the Released Parties for any alleged liabilities, claims, or causes of action released hereunder.

4. I further agree to indemnify and hold harmless and defend the Released Parties from any and all claims resulting from injuries or illness (including death), damages, or loss, including, but not limited to attorneys’ fees, sustained by me arising out of, connected with, or in any way associated with my participation in wellness activities.

5. I have been advised by PreysMD to consult with my physician before I undertake any physical exercise program. I certify that I am in good health and sufficient physical condition to properly participate in fitness activities; that I am knowledgeable about the proper use of any and the rules of any activities that I will participate in; and that I will carefully read the operating instructions for any fitness equipment prior to use and will operate such equipment in strict accordance with instructions.

I have read and fully understand this Consent, Release, and Waiver Form set forth above, including the release of all claims, including claims for the negligence of the Released Parties.

I am 18 years old or older. I understand that my signed waiver will be retained in my client personnel file. This document is binding upon me and my heirs, children, wards, personal representatives and anyone else entitled to act on my behalf.