CLIENT SERVICES AGREEMENT
IMPORTANT NOTE: It is important that you read and understand the following terms and conditions before utilizing or accessing any of the products, services or other benefits provided by Rachels Tea, LLC. These terms & conditions are legally binding and your use of (or benefit from) the products and services provided by the company constitutes your acceptance thereof.
NEITHER RACHEL’S TEA, LLC, NOR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES ARE PROVIDING (OR WILL AT ANY TIME PROVIDE) ANY MEDICAL OR OTHER HEALTHCARE SERVICES, TREATMENT, THERAPY, COUNSELING OR ADVICE AS A PART OF THE SERVICES
PRIOR TO USING OR BENEFITTING FROM ANY OF THE PRODUCTS AND/OR COACHING SERVICES PROVIDED BY RACHEL’S TEA, LLC, YOU ARE STRONGLY ENCOURAGED TO SEEK THE ADVICE OF A LICENSED PHYSICIAN, COUNSELLOR, THERAPIST, NUTRITIONIST OR OTHER LICENSED HEALTHCARE PROFESSIONAL TO ENSURE THAT THE PRODUCTS AND/OR SERVICES BEING PROVIDED ARE SUITABLE FOR YOUR SPECIFIC, PERSONAL HEALTHCARE, DIETARY, DIGESTIVE OR OTHER MEDICAL NEEDS AND THE FAILURE TO DO SO COULD LEAD TO SEVERE CONSEQUENCES.
This CLIENT SERVICES AGREEMENT (the “Terms & Conditions” or the “Agreement”) is entered into by and between RACHEL’S TEA, LLC, a Missouri limited liability company d/b/a RACHEL’S TEA (the “Company”) and individual(s) intending or seeking to benefit from the Company’s products and services (individually and/or collectively, the “Client”) on the date that the Client first receives or benefits from any product or service provided by the Company (the “Effective Date”),.
IT IS AGREED, that in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Company and Client (collectively, the “Parties”) agree as follows:
- MEANS OF ACCEPTANCE. Client expressly acknowledges and understands that Client’s acceptance of and compliance with the Terms & Conditions is a condition precedent to Client’s access to and use of the Services. But for Client’s acceptance of the Terms & Conditions, the Company would not otherwise provide the Products and/or Coaching Services (as described more fully below). Therefore, Client agrees that Client shall be bound and shall abide by these Terms & Conditions in exchange for Client’s access to or use or acceptance of the Products and/or Coaching Services. If Client does not agree with any part of the Terms & Conditions contained herein, Client understands that Client shall not access, use or accept the Services, in part or in whole.
- PRODUCTS & SERVICES. As a part of its business, the Company sells certain dietary supplements (the “Products”). These products may be sold to Client via the Company’s website or may be provided to Client as a part of the Company’s other services. Specifically, the Company’s other services include coaching services, whereby (upon Client’s payment of the agreed-upon fee) the Company will provide Client with one-on-one dietary and nutrition coaching, which is comprised of (and limited to) certain recommendations regarding improvements to Client’s behavior and general wellbeing through dietary and nutrition education, goal-setting, identifying plans of action, providing accountability and examining lifestyle habits (the “Coaching Services”). In the event that Client wishes to hire the Company to provide Coaching Services, Client agrees that the Terms & Conditions set forth herein shall continue in full force and effect. The Coaching Services shall be provided to Client after a representative of the Company has completed an initial consultation with Client, during which the Client will be provided with a specific fee quote (the “Fee”). Once Client has paid the Fee, the Company will provide the Coaching Services to Client for a term of eight (8) weeks from the date of payment, or some other date as may be agreed by the Parties (the “Term”).
NO MEDICAL TREATMENT. Client understands and acknowledges that
NEITHER THE COMPANY NOR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES ARE PROVIDING (OR WILL AT ANY TIME PROVIDE) ANY MEDICAL OR OTHER HEALTHCARE SERVICES, TREATMENT, THERAPY, COUNSELING OR ADVICE AS A PART OF THE SERVICES. The Products and/or Coaching Services are in no way intended to replace the advice or opinions of a licensed physician, counsellor, therapist, nutritionist or other licensed healthcare professional. PRIOR TO USING OR BENEFITTING FROM ANY OF THE PRODUCTS AND/OR COACHING SERVICES PROVIDED BY THE COMPANY, CLIENT IS STRONGLY ENCOURAGED TO SEEK THE ADVICE OF A LICENSED PHYSICIAN, COUNSELLOR, THERAPIST, NUTRITIONIST OR OTHER LICENSED HEALTHCARE PROFESSIONAL TO ENSURE THAT THE PRODUCTS AND/OR SERVICES BEING PROVIDED ARE SUITABLE FOR CLIENT’S SPECIFIC, PERSONAL HEALTHCARE, DIETARY, DIGESTIVE OR OTHER MEDICAL NEEDS AND THE FAILURE TO DO SO COULD LEAD TO SEVERE CONSEQUENCES.
- NO FDA EVALUATION. None of the Products and/or Coaching Services or any claims related thereto, whether express or implied, have been validated or in any way evaluated by the United States Food and Drug Administration, or any other governmental body or agency. No statements, comments, claims or recommendations provided by the Company in any way, whether express or implied, may be interpreted as attempting to diagnose, treat, heal or otherwise cure any disease or other condition.
- NO GUARANTY OF OUTCOME. The Parties expressly acknowledge and agree that THE COMPANY PROVIDES NO GUARANTY, WARRANTY OR OTHER ASSURANCE OF ANY KIND RELATED TO THE PRODUCTS AND/OR COACHING SERVICES, INCLUSIVE OF ANY PARTICULAR OUTCOME, WHICH ARE PROVIDED TO CLIENT and nothing contained within this agreement shall be interpreted or construed as providing any such guaranty, warranty or other assurance.
- INDEMNIFICATION & ASSUMPTION OF RISK. Client understands that he or she is the sole and exclusive decision-maker regarding any recommendations made in connection with the Products and Coaching Services. Client certifies that he/she is at least eighteen years of age and KNOWINGLY AND FREELY ASSUMES ALL RISKS ASSOCIATED WITH USING OR BENEFITING FROM THE PRODUCTS AND/OR SERVICES, whether such risks are known or unknown, and assumes full responsibility and/or liability related thereto. Client, for himself/herself and on behalf of his/her heirs, assigns, personal representatives and next of kin, HEREBY RELEASES, INDEMNIFIES, AND HOLDS HARMLESS THE COMPANY, including its officers, employees, agents, representatives, successors and assigns, from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH Client may suffer, or loss or damage to person or property, WHETHER ARISING FROM ANY ACT, OMISSION, NEGLIGENCE OR OTHER CIRCUMSTANCE, WITHOUT LIMITATION, to the fullest extent permitted by law.
- CONFIDENTIALITY. Client understands that the Products and Coaching Services being provided are proprietary. Therefore, Client agrees that any information exchanged or made available to Client under this Agreement shall be kept confidential and shall not be shared or exchanged with any third party for any reason without the written consent of the Company. Additionally, such information shall not be used by Client for any purpose other than his or her personal use. Unless compelled by a court of competent jurisdiction, or as otherwise may be required by law, Client shall be bound by this confidentiality provision even after termination of this Agreement.
- BREACH/REMEDIES. It shall be considered a breach of this Agreement to violate any of the terms set forth herein. In the event of a breach by Client, including nonpayment of Fees, Company shall provide written notice to Client allowing ten (10) days to cure said breach. In the event Client fails to cure said breach within the time allotted, Company shall be entitled to immediately terminate this Agreement, cease providing any and all Products and/or Coaching Services identified herein and bring a claim for any monetary damages incurred as a result of said breach.
- ENTIRE AGREEMENT. This Agreement constitutes the entire written Agreement between the parties, and the terms of the Agreement are contractual and not merely recitals. There is no other agreement, written or oral, expressed or implied between the Parties with respect to the subject matter of this Agreement and the Parties declare and represent that no promise, inducement or other agreement not expressly contained in this Agreement has been made conferring any benefit upon them or upon which they have relied in any way. Any modifications of this Agreement must be in writing and agreed upon between the parties.
- CHOICE OF LAW AND ATTORNEY FEES. This Agreement and every provision contained herein shall be governed by and construed in accordance with the laws of the State of Missouri. In the event either party files suit to enforce the provisions of this Agreement, the prevailing party shall be entitled to reimbursement for its reasonable attorney fees and costs incurred. The Parties agree that any dispute arising under these Terms & Conditions will be adjudicated in Taney County, Missouri and expressly agree to personal jurisdiction of such court.
- SEVERABILITY OF PARTS. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holdings shall not invalidate or render unenforceable any other provision of this Agreement.
- WAIVER. The failure or delay by either party to enforce any term of this Agreement or to act upon a breach of any term shall not constitute a waiver of their rights.
- MUTUAL NEGOTIATION OF TERMS. The parties have had an opportunity to consult legal counsel prior to the execution of this Agreement and have materially contributed to its contents; therefore, the parties expressly waive any right or defense based upon the rule of construction that this Agreement shall be construed against the drafter. By accepting these Terms & Conditions, the parties acknowledge that they have read this Agreement in its entirety and agree to be bound by the terms set forth herein.
- Any notice served under this Agreement shall be made in writing and shall be considered served if it is hand delivered to the other party in person or delivered to their last known address or any other such address as the party being served may have notified as its address for service.