Client Agreement, Terms of Use, Medical and Legal Disclaimer

DISCLAIMER – Not Medical Services:

Although Liz Dudenhofer is a licensed DPT, this coaching relationship is not a medical appointment. I can help you find the right health care providers for your health and preferences, but I do not provide any direct medical services. I may help you find the answers to some basic questions, but this does not replace the advice of your own healthcare provider. I will be happy to work alongside your health care providers in achieving your health and wellness goals, but I will not be providing your medical care with the Coaching package. Your personal healthcare provider’s advice is always the final word in what is right for your health.

CLIENT AGREEMENT:

By clicking “I Agree,” entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) are entering into a legally binding agreement with Liz Dudenhofer Coaching (Total Body Rehab, LLC in WA state) (“Company”), according to the following terms and conditions:

1. COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education, seminar, consulting, coaching, and/or business-coaching (the “Program”). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. Parties agree that the Program is in the nature of coaching and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.

2. COMPENSATION. Client agrees to compensate Company according to the payment schedule set forth on Company’s website and the payment plan selected by Client (the “Fee”).

3. REFUNDS. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels attendance at the Program for any reason whatsoever, Client will receive no refund.

4. CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with Credit-Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

5. NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.

6. NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s original materials shall be provided to the Client for his/her individual use only. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes or for any purpose other than personal use. All material is specifically tailored to your unique circumstances and may not be applicable to any other person. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.

7. LIMITATION OF LIABILITY. By using Company’s services and enrolling in the Program, Client releases Company, it officers, employers, directors, agents, and related entities from any and all damages that may result from the services provided. The Program is only an educational/coaching service being provided. By using Company’s services and enrolling in the Program, Client releases Company from any and all damages that may result from the services provided. Client accepts any and all risks, foreseeable or non- foreseeable, arising from such transactions. Regardless of the previous paragraphs, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of

(a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, or (b) $1000.

Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages related to the use or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services is at Client’s own risk.

8. DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/ he is the one vital element to the Program’s success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.

9. COURSE RULES. To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Course Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

10. USE OF COURSE MATERIALS. Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Company will attempt to keep confidential and personally identifying information confidential (as outlined in Section 13 below).

11. NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own wellbeing during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

12. TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services. Due to the subjective nature of the coaching program and the Coachs’ inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, the Client is not able to offer refunds once Client has purchased the program. If the Coach is somehow unable to provide services as outlined on sales page, regardless of Client results, Coach or his/her team will be in touch regarding rescheduling, and/or discussing an alternative form of services, in order to fulfill obligations. If Coach is not able to reschedule, and no suitable alternative form of service is available, Client may be entitled to a partial refund, depending on the amount of work Coach and Client were able to complete. If partial services were performed, Coach and Client may come to an agreement whereby a partial refund is issued, at Coachs’ discretion

13. CONFIDENTIALITY. The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

14. NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth below. In the event of a dispute between the Parties, the parties agree that, outside of the dispute resolution process, neither will engage in any conduct or communications, public or private, designed to disparage the other.

15. INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), including, any such expenses and liabilities which may result from any alleged breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

16. CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.

17. CHOICE OF LAW/VENUE AND MEDIATION. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles or conflicts of law. The parties hereto agree to first attempt to resolve all conflicts through mediation prior to filing any lawsuit, and, if unsuccessful, to then submit any dispute or controversy arising out of or relating to this Agreement to Spokane County Superior Court. . The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non prevailing party in order to enforce the provisions of this Agreement.

18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.

19. SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

20. SEVERABILITY. If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

21. OTHER TERMS. Upon execution by clicking “I agree,” the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.

The following Terms of Use are entered into by and between You and Liz Dudenhofer Coaching.

The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms of Use”), govern your access to and use of Liz Dudenhofer.com including any content, functionality and services offered on or through LizDudenhofer.com”, whether as a guest or a registered user.

All content on the Website is protected by copyright, trademark and other applicable laws, and are the property of the Liz Dudenhofer Coaching unless otherwise noted.

Nothing on this Website may be, in whole or in part, sold or otherwise transmitted in any form or by any means for commercial purposes, except with the prior written permission of Liz Dudenhofer Coaching.

Disclaimer

The information on this Website is provided as general information and is not medical advice. If you need advice about a disease process or new injury, you should contact a professional in your province or territory.

Privacy

We respect your privacy and attempt to keep confidential all Personal Information from you on our Website.

Email And Other Electronic Communications

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

User Communication

The Website may contain chat areas, news groups, forums, communities, comment sections or other message or communication facilities designed to enable you to communicate with the public at large or with a group.

You agree that when using features of the Website that allow for communication by you, that you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

You agree not to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or upload files unless you own or control the rights thereto or have received all necessary consents.

You agree not to advertise or offer to sell or buy any goods or services for any business purpose, or harvest or otherwise collect information about others, including e-mail addresses, without their consent or violate any applicable laws or regulations.

The Company has no obligation to monitor the user communications but reserves the right to review materials posted to the Website and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the user communication services at any time without notice for any reason whatsoever and to disclose any information as necessary to satisfy any applicable laws.

Changes To the Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Jurisdiction

This agreement between you, the user, and Liz Dudenhofer Coaching shall be governed by, and interpreted in accordance with, the laws of the State of WA.. You hereby consent and submit to the exclusive jurisdiction of the Superior Court of Spokane County in any proceeding related to this agreement, after any failed but attempted mediation.

Contact Information

We welcome your questions about the Terms of Use. You can contact us directly with any questions or concerns.

WEBSITE DISCLAIMER:

The information on this Website operated by Liz Dudenhofer Coaching are guidelines to be adhered to by the Parties, but may be changed at any time, without notice, by Liz Dudenhofer Coaching.

By visiting this Website, you have not retained Liz Dudenhofer Coaching to give professional advice and the information on the Website should not be considered a substitute for professional advice.

Liz Dudenhofer Coaching makes no warranty as to the accuracy, validity, timeliness or completeness of any information on this Website or any Website that can be accessed through this Website.

Liz Dudenhofer Coaching assumes no liability for any damages whatsoever, including, without limitation, indirect, special, consequential, punitive or incidental damages of any kind, whether brought in contract or tort, arising out of or in connection with this Website, the inability to use this Website or the use, reliance upon, or performance of any material contained in or accessed from this Website, or any linked Website, even if we are expressly advised of the possibility of such damages.

Liz Dudenhofer Coaching is not responsible for any errors or omissions, or for the results obtained from the use of any information on this Website.

Liz Dudenhofer Coaching may receive compensation from third-party entities in exchange for endorsing their products or services. Access to any third-party website from this Website does not constitute an affiliation with or endorsement of such sites or their operators.

Information on this Website may be changed or updated at any time without notice.