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, videos, digital or written materials, services or other benefits provided by Rachels Tea, LLC. These terms & conditions are legally binding and your purchase, use of, (or benefit from) the products and services provided by the company constitutes your acceptance thereof. Acceptance of these terms and conditions is binding once you purchase products or services, use, or receive information (videos, advice, suggestions etc. free or paid for) regardless of whether or not you read, agree, or understand the terms and conditions.
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. EATING, DIETING, SUPPLEMENTATION, AND LIFESTYLE CHOICES ARE SUGGESTED BY RACHELS TEA REPRESENTATIVES IN ANY CAPACITY, NONE OF WHOM ARE MEDICALLY OR NUTRITIONALLY TRAINED, CERTIFIED, ACCREDITED, OR LICENSED IN ANY WAY. THE ADVICE REPRESENTS THE THEORIES OF RACHELS TEA.
PRIOR TO PURCHASING, USING, OR BENEFITTING FROM ANY OF THE PRODUCTS, SERVICES 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 (WHO KNOWS YOUR ENTIRE MEDICAL HISTORY),
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 theories, products and services (individually and/or collectively, the “Client”) on the date that the Client first receives, becomes informed, 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, or products, 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 terms as may be agreed by the Parties.
- 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, counselor, therapist, nutritionist or other licensed healthcare professional. PRIOR TO USING, FOLLOWING, 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, ENSURE THAT THE PRODUCTS AND/OR SERVICES YOU ARE CONSIDERING ARE SUITABLE FOR THE CLIENT’S SPECIFIC, PERSONAL HEALTHCARE, DIETARY, AND DIGESTIVE ISSUES RELATIVE TO THEIR CURRENT MEDICAL CONDITION, OTHER MEDICAL ISSUES/NEEDS AND ANY OTHER PROGRAMS, DIETS, NUTRITIONAL ISSUES, AND OTC OR PRESCRIPTION MEDICATIONS THAT MAY AFFECT THEM. FAILURE TO DO SO COULD LEAD TO SEVERE CONSEQUENCES.
- NO FDA EVALUATION. None of the Products, video materials, theories, advice, services, desired outcomes or safety thereof 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, ADVICE ETC. 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. When a customer chooses to utilize or receive paid services, Rachel’s Tea’s guarantee’s are as follows:
- Products: (tea, supplements, multiple supplement packages): If the customer is dissatisfied with any product, they must contact customer service and speak “live” to a person so we know “who” and “under what name” and “the date” a given product or products were ordered (thus enabling permission to return the item/s and allowing enough information to process a refund). The person will return the unused or unopened product/s to the address given by the Rachel’s Tea staff member (unless a waiver of return is specifically offered by staff member). At that point, a full refund will be issued. Depending on circumstances, shipping may or may not be refunded at the discretion of Rachel’s Tea LLC. A person may only refund one time for a given item. After that, they should not repurchase or should do so without expecting our normal refund policy to be in effect.
- Books: Books, due to the nature of all intellectual property, books cannot be returned for refund since once the buyer possesses the book, they have or may have acquired all the valuable knowledge from the book, making an actual “return” impossible. It is “the knowledge” that is sold, not the book itself. Used books cannot be resold as new, and the knowledge cannot be returned. We do not refund book purchases.
- Training, coaching, nutritional and dietary advice, video trainings, portals, programs, and other information based purchases: When purchasing information, the customer/buyer agrees that the seller (Rachels Tea LLC) cannot control the degree of compliance by a client, the degree to which the client does or does not read, listen, watch, learn, or follow any of our theories or advice. Thus we cannot guarantee the result for a given client. Furthermore, once books, digital information, information given over the phone, training videos, coaching offers etc. are made available to a client, the client may or may not have learned, copied, or otherwise benefited from the provided information. Thus the client is hereby made aware and the client hereby agrees that there is no offer of refund on these items. No warranty, guarantee, offer of satisfaction, or usability is or has been made. This policy supersedes all other refund policies made before or after purchase unless in writing and signed by authorized Rachel’s Tea staff. Additionally, clients may not request a refund, even if:
- Anyone, including their doctor tells them to not follow the diet or other advice of Rachel’s Tea. Again, it is the information that is being sold. We don’t guarantee that other people, experts, or even doctors will agree with us. We do not advise clients to follow us, when it is against their doctor’s orders. This document advises clients that our opinions differ from many doctors and they are free to ask their doctor’s opinion, prior to ordering, not after. We have staff members who will speak to a person’s physician at any length, and answer any questions he/she will have.
- The clients circumstances have changed and they no longer choose, want to, feel they can afford, or agree with the theories explained in our materials and books.
- The client is not satisfied with the materials. We do not promise what the clients perception or attitude will be regarding our theories and materials. We will help any client to understand and follow the received advice/information, but we can’t force a client to appreciate it, follow it, or be satisfied by it.
- Any other reason. What a client can do is research us online, check our sterling record with the Better Business Bureau (or any other agency), read all available independent review, and check our Facebook Page/group and hear what thousands of current clients, past clients, and public agencies have said and continue to say about us. Clients can get on our free book and learn the diet, how it works, and discuss with their physician before deciding to purchase.
- A client says “the diet did not work for me.” There is no promise that this information, our theories, or the program/diet will work for a given person. The seller has a 98% customer satisfaction rate from all products, and coaching/training packages based on over 100K clients. The cause of a less than expected outcome from the program is almost always: client, failing to listen, read, view, understand, or to follow the given advice. Again, the result is not and cannot be promised or guaranteed. Rachel’s Tea sells information that is well researched and documented by years and tens of thousands of satisfied clients. Once the information is given to the client, they have received what was promised by the seller for their payment. The outcome, result, or diligence they expend to learn and follow the program or in determining its usability in their circumstance, is up to them.
- 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, advice, (regardless of how it was received or understood) and Coaching Services. Client certifies that he/she is at least eighteen years of age andKNOWINGLY AND FREELY ASSUMES ALL RISKS ASSOCIATED WITH USING, FOLLOWING THE ADVICE, 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.