PLANT POWERED MOM ACADEMY
TERMS OF SERVICE / DISCLAIMER

By participating in Plant Powered Mom Academy group coaching program, you are agreeing to the terms of service outlined here.

This Coaching Agreement (“Agreement”) is entered into by and between:

Hannah Van Ark MS, RD of True Vitality Nutrition LLC, DBA: Plant Forward Nutritionist (heretoafter referred to as “Coach”) and recipient of nutrition coaching services (“Client”). Coach and Client are collectively referred to as the “Parties.”

  1. PURPOSE
    Coach will provide and Client will pay for nutrition coaching services in accordance with the terms and conditions of this Agreement.

  2. THE COACHING RELATIONSHIP
    2.1  Client acknowledges that coaching is a team effort, and Client will get out of coaching only as much as he or she puts into it. Client agrees to fully participate in coaching and follow the Coach’s instructions to his or her best ability. Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

    2.2  Client acknowledges that Client is solely responsible for creating and implementing his or her own decisions, choices, actions and results based on coaching calls, sessions, and interactions with Coach. Client agrees that the Coach is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not nutrition therapy, and does not substitute for nutrition therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

    2.3 Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.

    2.4 Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, Client should promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.

  3. COACHING SERVICES
    3.1 Coach agrees to provide Coach’s 8-Week Plant Powered Mom Academy Group Coaching Program of nutrition coaching services to Client, subject to the terms and conditions of this Agreement. Coach agrees to devote as much time, attention, and energy as necessary to achieve the following (collectively, “Coaching”):
    - Weekly group coaching calls (50-60 minutes minutes), conducted virtually via video chat
    - One 1:1 coaching call for Client (to be scheduled during Week 4 or 5 of the program)
    - Lifetime access to Plant Powered Mom Academy course materials, with all relevant handouts, sample meal plans and educational materials
    - Support in the Slack multiple times weekly for the duration of the program

  4. SCHEDULING & CANCELLATION POLICY
    4.1 Coach and Client will schedule 1:1 coaching session at mutually agreeable times, and Coach will host group coaching calls weekly at announced time.

    4.2 Client acknowledges that unanticipated circumstances arise, and the timeline for delivering all sessions is not guaranteed. Coach reserves the right to reschedule any coaching session by notifying the Client at least 4 hours prior to the scheduled session.

    4.3 In the event that Client does not attend the 1:1 scheduled session without written notice, the session will be terminated (and not rescheduled) if Client does not arrive for coaching call after 15 minutes.

    4.4 In the event Coach needs to cancel or reschedule any session, Coach agrees to provide Client with 4 hours’ notice of cancellation and reschedule the cancelled session within 10 days of the originally scheduled session.

  5. TERM
    The term of this Agreement shall begin on the starting date of thie program and shall continue until Coach completes performance of the Coaching.

    5.1 Force Majeure. Coach shall not be liable for delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, or labor disputes.

  6. CONFIDENTIALITY
    7.1 The coaching relationship and any information that the Client shares privately with the Coach as part of this relationship is considered confidential (“Confidential Information”). Coach agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of Client, as necessary to perform the Coaching, without Client’s written consent. Coach will not disclose Client’s name as a reference without Client’s written consent. Coach shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. Coach will use reasonable care in handling Client’s Confidential Information so that it does not enter the public domain. Coach will return all Confidential Information to Client upon termination of this Agreement.

    7.2 Client acknowledges that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between Coach and Client are not subject to the protection of any legally recognized privilege.

    7.3 Coach may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of Coach; (ii) Client grants permission for such disclosure verbally or in writing; (iii) Coach obtains the information from a third party, without breach of any obligation to the Client; (iv) disclosure is required by any court or government agency; (v) Coach reasonably believes that there is an imminent or likely risk of danger or harm to the Client or others; or (vi) it involves illegal activity.

    7.4 In receiving Coaching, Client will have the benefit of proprietary systems, strategies and techniques developed by Coach (“Coach’s Proprietary Information”). Client acknowledges that Coach’s business relies on Coach’s ability to provide such insights to various clients. Client agrees not to disclose Coach’s Proprietary Information to any third party, directly or indirectly, during the term of this Agreement or after it ends.

  7. INDEMNIFICATION
    Client, at Client’s expense, shall release, indemnify and hold Coach and its directors, officers, shareholders, employees and agents, and the personal representatives and assigns of each, harmless from and against and all claims, suits, liability, cost and expenses, including without limitation, reasonable attorneys’ fees and expenses, in connection with any act or omission of Coach in providing Coaching and/or arising out of any Work Product, unless due to negligence of the Coach.

  8. PUBLICITY
    Client agrees that Coach may use the Client’s first name (but not contact information or personal information) in Coach’s advertising or promotional literature and may publish articles, blog posts or other advertising and promotional material relating to the Client and the Coaching. Client releases Coach from any and all liability, including but not limited to infringement of any right to privacy or right to publicity, relating to or arising out of publicity of Client’s first name as permitted in this section. Nothing in this section releases Coach from the confidentiality requirements of this Agreement.

  9. LIMITATION OF LIABILITY
    Except as expressly provided in this Agreement, Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching. In no event shall Coach be liable to Client for any indirect, consequential or special damages. Coach’s entire liability for any breach of this Agreement, and Client’s sole remedy, shall be limited to the lesser of the total Contract Price or the amount actually paid by Client to Coach under this Agreement.

By participating in Plant Powered Mom Academy group coaching program, you are agreeing to the terms of service outlined here.