Terms, Conditions, Understandings, Disclosures and Agreements
Disclosures and Agreements
This Agreement is issued by Michaela’s Motto, LLC. This is a legal Agreement between you and Michaela’s Motto. Please carefully read the Agreement in its entirety. Michaela’s Motto offers health improvement and counseling services. Michaela’s Motto, may be affiliated with healthcare practitioners of many types, but Michaela’s Motto, nor any of its providers as part of Michaela’s Motto, practice medicine.
Michaela’s Motto does not practice medicine. More specifically, Michaela’s Motto, or any of the Michaela’s Motto providers as part of Michaela’s Motto, do not examine, diagnose or treat, or offer to treat or cure or attempt to cure, any mental or physical disease, disorder or illness, or any physical deformity or injury. Michaela’s Motto does not recommend or prescribe any medications or pharmaceutical drugs as no provider, as part of Michaela’s Motto, practices medicine or any other licensed healthcare. Michaela’s Motto offers health improvement and counseling services only.
Products and services offered by Michaela’s Motto, LLC are provided subject to this Information Disclaimer,
Further Notices and Disclaimer
The information on the MichaelasMotto.com website, or contained in any electronic or printed materials is provided for general informational purposes only and is not intended to constitute or substitute for (1) medical advice, (2) any information contained on or in any medical prescription or product label or packaging, (3) the practice of medicine including but not limited to psychiatry, psychology, psychotherapy, dentistry, physician, physical therapy, chiropractic or the provision of medical or nutritional diagnosis or treatment, (4) the creation of a coach-patient or clinical relationship, or (5) an endorsement, a recommendation or a sponsorship by Michaela’s Motto of any provider affiliated with Michaela’s Motto, any third party or third-party product or service.
You should not use the information on this site for self-diagnosis or treatment of any health problem or as a prescription or substitution for any medication or other treatment. You should consult with a healthcare professional before starting any exercise, diet, or supplementation program, before taking any medication, or if you have or suspect you might have a medical problem. Information and statements regarding any healthcare protocol and/or dietary supplements available on or through this Website have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
You should never disregard medical advice or delay seeking it or discontinue treatment because of something you have watched or read on the MichaelasMotto.com website, in promotional materials or other publications or proposals.
Agreement for Wellness Services – Please Read Carefully
Thank you for your interest in receiving assistance, consulting, and coaching from Michaela’s Motto, LLC.
Michaela’s Motto, LLC. and its affiliates are wellness providers, and in such capacity only are providing certain disclosures to you and before providing services, to have on-file an agreement for services that provides clear and specific terms and conditions of the relationship.This Agreement meets these requirements. In the Agreement below, your Coach is referred to as “Coach”; you are referred to as “Client”; the term “Party” refers to an indicated party to the Agreement; and the term “Parties” refers to Coach’s and you jointly. Please read this Agreement carefully and indicate your acceptance by signing at the bottom.
Agreement for Wellness Services
WHEREAS the Parties to this Agreement share the belief that it is every person’s right to seek the health and wellness services of their choice; and relying further upon their rights protected by the U.S. Constitution to enter into private relationships and contracts of their own choosing;
AND WHEREAS, the Parties hereto desire that this Agreement establish a private associational relationship between them for the purpose of sharing spiritually-based natural health and wellness principles and practices free from secular governmental influence, regulation and control;
NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration, the adequacy and receipt of which are acknowledged; and based on the belief, rights and for the purpose indicated above, IT IS HEREBY AGREED AS FOLLOWS:
- Exclusive Agreement. Parties acknowledge and agree that this Agreement shall govern the Parties’ relationship as described below and shall supersede any other agreement between the Parties, written or oral, that is contrary to the terms and conditions hereof. Additional agreements relating to and specifying any membership, cost, type service, length of service and product related matters may be formed between Coach and Client as long as nothing therein conflicts with the terms and conditions of this Agreement and should such conflict occur, the terms and conditions of this Agreement shall predominate and control.
- Coach Agrees. In providing services to Client; Coach shall, upon request during the scope of this Agreement, provide Client with a written Practice Disclosure describing the Coach’s education, training and experience in the services to be provided; to use Coach’s best efforts to formulate a wellness protocol to assist Client in achieving Client’s desired health goals and to deliver and perform services in an ethical and professional manner.
- Client Agrees. In accepting Coach services, to request all information Client deems necessary to determine whether Coach is suitable for Client, considering Coach’s education, experience, services to be provided and cost; to fully disclose to Coach all pertinent information requested to assist Coach in developing a program protocol for Client; to meet at the agreed appointment times and pay timely the agreed charges; and to faithfully follow the program protocol with changes only as mutually agreed by the Parties.
- Services Provided. For purposes of this Agreement, services are defined as natural health and wellness, products and services that are not in solely intended to improve physical, mental and spiritual health. Michaela’s Motto, LLC. services are not state licensed medical services; are not provided in a conventional doctor-patient relationship; do not include activities or substances that are regulated by governmental agencies; and while Michaela’s Motto services may be provided to improve health as an adjunct to medical care, such services do not include diagnosing, treating or curing, or attempting to diagnose, treat or cure, any illness or disease or constitute the conventional practice of medicine. Therefore, in the event illness or disease is suspected, known or becomes suspected or known while Client is receiving Michaela’s Motto coaching, consulting or assistance; it is Client’s sole responsibility to seek appropriate medical care in place of or as an adjunct to the services provided by Coach.
- Indemnification. Client acknowledges that Coach does not provide any guarantee or warranty as to the success of any suggestions, protocols or products provided by Coach; and Client further agrees that, in the absence of evidence of negligence or intentional wrongdoing on the part of Coach, Client’s failure to achieve Client’s health and wellness goals is not actionable under this Agreement. Therefore, Client hereby agrees to indemnify and hold Coach harmless for any claim or action based on Client’s failure to achieve Client’s desired physical, health, and wellness goals as a result of following Coach’s advice or provided protocols.
- Independent Coach. Coach and Client acknowledge and agree that coach is an independent health professional and that Michaela’s Motto, LLC. is solely responsible for coach’s actions, suggestions, services and/or products. Therefore, Coach and Client hereby agree to indemnify and hold Michaela’s Motto, LLC. harmless for any claim or action based on the parties entering into this Agreement for Michaela’s Motto, or on the advice or services provided by Coach to the Client, or on the failure of the Client to achieve desired health outcomes.
- Records and Confidentiality. The Parties acknowledge and agree that Client’s records provided to or maintained by Coach are privileged personal communications owned by Michaela’s Motto, LLC. and not medical records. Therefore, Parties agree that such records may not, in any case, be released as medical records. Client is entitled to a copy of Client’s records but any other release must be in compliance with standards for ministerial records in the jurisdiction where services are provided. The Parties further acknowledge and agree that ministerial communications are confidential and the content of such communication may not be divulged by Coach to any other party, except in accordance with Coach’s own policy wherein proper reporting may be made in the event any person is at risk of harm, or has been harmed, or as may be required in the jurisdiction where services are provided.
- Complaints and Grievances. The Parties acknowledge and agree that complaints and grievances shall be managed as follows: Complaints against Coach for suspected unprofessional conduct, and for all other complaints, disagreements and grievances, Parties agree to use their best efforts to resolve their dispute privately and if that fails, the sole recourse shall be resolution through arbitration, and the decision pursuant to arbitration shall be final and binding. Arbitration may be sought through the National Center for Life and Liberty at www.ncll.org or through an arbitrator mutually agreed upon by the Parties. Jurisdiction for enforcement of arbitration decisions shall be the Maricopa County, Arizona, USA where services were or are provided.
- Complaint Prohibition and Penalty. The Parties understand and agree that the Michaela’s Motto services provided by Coach are not regulated by governmental entities and that complaint provisions of Section 8 above provide Parties a fair and impartial path to resolution of any disputes. The Parties further agree that they have read, understood and entered this Agreement voluntarily; and that they will defend this Agreement and their rights to contract privately for services without outside interference. In view of this, the Parties also agree to pursue relief and resolve any disputes between them only in the manner provided by Section 8 of this Agreement above and not to file any verbal, recorded or written complaint, grievance or lawsuit with any individual, agency, court, state board, better business bureau, newspaper or social media forum, blog or any other public or private medium or otherwise, not specifically authorized by Section 8. Upon presentment of reasonable evidence that one of the Parties has violated this prohibition, the offending Party agrees to pay the other Party $500 penalty for each separate breach of this provision, and to reimburse any expenses incurred by the offended Party as a result of such breach.
- Limit to Recourse. Aside from the agreed contractual penalty provided under Section 9 above, the Parties agree that, absent evidence of negligent or intentional wrongdoing on the part of the Coach causing physical or mental injury to the Client, recovery to the prevailing Party pursuant to any action brought under this Agreement, whether through private settlement or arbitration, shall be limited to the complaining Party’s actual provable loss. Actual provable loss is defined as the total dollars expended by Client or due to Coach for services and products rendered, in addition to expenses incurred by an offended Party pursuant to Section 9 above if applicable. The prevailing Party shall also be entitled to reimbursement of arbitration costs. No action against either party arising out of this Agreement may be brought by any party more than one (1) year after the cause of action has arisen.
- Separation of Practices. In the likely event that Practitioner holds a state issued license as a healthcare provider in the state where the Client is receiving services from Practitioner, Client acknowledges and understands that the services being offered and accepted from the Practitioner under the terms of this Agreement are totally separate and distinct from any services the Practitioner may offer and provide under Practitioners state licensed practice. Client agrees that this is an important distinction, that Client has been given the opportunity to discuss the difference between such services with Practitioner and have any questions answered, and that Client is clear about, understands and is not confused by the distinction and separation of such services.
- Term, Termination and Survival. This Agreement shall become effective when signed below and shall continue in effect until terminated. Either Party may terminate this Agreement at-will with thirty (30) day’s written notice to the other Party. Termination shall not relieve the Parties from any debt or liability incurred hereunder while the Agreement was active; and all terms and conditions of this Agreement intended to protect the Parties and their records and regulate disputes, grievances or complaints between them shall survive any termination.
- Amendments. Any amendment to this Agreement must be in writing and signed by both Parties.
- Notices. All notices, requests, consents, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the Party to whom notice is to be given, on the date of transmittal of services via facsimile or electronic mail to the party to whom notice is to be given, or on the third day after mailing if mailed to the Party to whom notice is to be given, by first class mail.
- Successors and Assigns. This Agreement will inure to the benefit of, and be binding upon, the heirs, successors and assigns of the respective Parties.
- Severability. If any provision of this Agreement shall be declared void or unenforceable by any judicial or administrative authority, the validity of any other provision and of the entire Agreement shall not be affected thereby.
- Headings. Headings used herein are for convenience only and shall not be used to construe meaning or intent.
- Manner of Execution. Client and Coach agree that this Agreement may be signed electronically and confirmed in separate parts to become fully binding on both parties as follows: (a) by the Coach accessing the Agreement form, at the Michaela’s Motto website and typing your name below, with the contact information provided by the Client – including the Client’s email address or the email address for a person authorized by the Client to receive/send email on behalf of Client; (b) by the Coach then submitting the information provided by the Client and entered into the Agreement form, causing an email to be sent automatically to the Client and Practitioner with copies of the completed Agreement and above-referenced Practice Disclosure; and (c) by the Client or the person authorized by the Client to receive/send email on behalf of Client acknowledging receipt of the completed Agreement and Practice Disclosure and the Client’s acceptance of the terms thereof.
IN WITNESS WHEREOF, the Parties to this Agreement for Michaela’s Motto hereto by using the MichaelasMotto.com site, have entered into this Agreement with the intention to be bound by the terms and conditions of this Agreement.
Michaela’s Motto, LLC.
USER: via site access or contract for services.