Terms & Conditions
Program Agreement for Sarah Mokma, LLC
This Client Agreement (the “Agreement”), is made by and between Sarah Mokma, LLC, (hereafter known as “Company” or “Sarah”), and her client, (hereafter known as “Client” or “I” or “you”), and collectively, (the “Parties”).
I acknowledge that all information that is provided for me by this company is not intended to diagnose, treat or cure any illness or disease and is for my education only. I understand that I will not hold Sarah Mokma, LLC and or Sarah Mokma, ND legally responsible for any information, services rendered or supplements recommended.
All information discussed and wellness plans or supplements discussed or recommended is to educate me. Any decisions I make for my health are my full responsibility.
I acknowledge that Sarah Mokma, LLC is not an employee, agent, lawyer, doctor, registered dietician, psychotherapist, nutritionist, psychologist, therapist, doctor, or any other licensed or registered professional. I understand that Sarah Mokma, LLC does not provide health care, diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. I understand if I should experience any such issues I should see my registered physician or other practitioner as determined by my own judgment.
I acknowledge that any information exchange during, inside or outside of our appointments cannot be used as health or medical records of any sort in regard to any type of court of law or litigation. This information is for my education only and cannot be used in any situation other than education for the client. I acknowledge that any and all records kept by Sarah Mokma, LLC will be exempt from being subpoenaed.
I understand that Sarah is a certified naturopath in Michigan where there is no licensing for naturopathy. The state of MI also does not require licensing to offer nutritional advice per the Public act of 267 of 2014. I understand that any consultation I receive may help me make educated decisions about my health physically, mentally and emotionally. Consultation services may include kinesiology, holistic dialoging, iridology, sclerology, TCM observation, and discussing health history. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.
If the Client is under the care of a healthcare professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. Client understands that the information in this Program is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
I understand that working with Sarah Mokma, LLC is not covered by insurance and I am financially responsible for services and supplements rendered at the time each consultation.
As your naturopath, Sarah will:
-Devote her full attention to you during your time together.
-Serve as your accountability partner and supporter.
-Stretch you outside of your comfort zone.
-Help you identify what areas your body is showing a need for support.
-Offer support, encouragement, feedback and guidance.
-Employ all of her skill sets for your highest good.
As the Client, I promise to:
-Give 100% of my effort and make this program a priority in my life.
-Come fully prepared for our time together.
-Use my best efforts to complete all action steps which includes dietary suggestions and recommended supplementation.
-Promptly provide payment for the Program.
-Be open to new ideas and willing to stretch and grow.
-Ask any questions I have as they arise.
-Understand that this is not a conventional doctor’s program and will require me to share any and all information about my physical, mental and emotional health so that together we can assess all aspects that are influencing my health and identify ROOT causes.
-Understand that our working together is a relationship wherein power can only be granted by me, and commit to making the relationship powerful. If I feel I am not getting the results I desire, I will communicate and take action to return the power to the relationship.
-Understand that all medication decisions are to be made only by me and my prescribing doctor. If there are any changes in my prescribed medication, it is my responsibility to inform Sarah Mokma immediately.
APPOINTMENTS TO BE SCHEDULED
There are three types of appointments client is agreeing to participate in. The first is for assessing the physical body, the second for the emotional body, and the third for the auric or spiritual body (these are referred to as body, mind and spirit respectively). Appointment dates will be chosen by the Client from Company’s Acuity calendar as close to the proposed schedule as possible for maximum benefit.
CANCELLATION AND RESCHEDULING
Our time together is important. If you need to cancel your appointment, you need to do so at least 24 hours in advance of your scheduled time by sending an email to Sarah. If you do not contact Sarah at least 24 hours in advance, this will be considered a missed appointment. If you get too far behind the proposed schedule, you will be missing out on the greatest benefits of this consistent care.
There can be a rare occasion where you miss your appointment altogether or you forget to let Sarah know at least 24 hours in advance that you need to cancel or reschedule. So you are allowed one “free” missed appointment. However, you are only permitted to miss one appointment during the Program. If you miss more than one appointment, your Program will automatically terminate and you will not have the opportunity to reschedule or to receive a refund.
Company is committed to providing all clients in the Program with a positive Program experience. By agreeing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or upon violation of the terms. If Client decides to terminate this Agreement, no refunds will be issued.
If paying by debit card, or credit card, you give us permission to automatically charge
your credit card or debit card as payment for your Program without any additional authorization, and you will receive an electronic receipt. If Sarah chooses to provide you with a square invoice instead, you are required to manually pay it by the date due on the invoice or your Program will be put on hold until payment is made. If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by email and then have a three-day grace period to make the payment following the due date, otherwise your Program will be put on hold. If no payment is made within the three-day grace period, the Program will automatically terminate and you will no longer be granted access. [PAYMENT TERMS MAY BE ADJUSTED AS YOU NEED.]
It is Company’s intention for Client to be happy with the Program. However, because Company has invested considerable time in the calendar for Client, if Client decides to withdraw at any time for any reason, Client is still fully responsible for making all Program payments, and no refunds will be provided.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.
COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
INTELLECTUAL PROPERTY RIGHTS
Company retains all ownership and intellectual property rights to the Program content and materials provided to Client through the Program, including all copyrights and any trademarks belonging to Company. The Program content and materials are being provided to you for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission. Further, by agreeing below, Client agrees that if Client violates, or displays any likelihood of violating any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
If there is a dispute between the Parties, Client agrees to not publicly or privately make any negative or critical comments about the Program, Company’s business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harms the Company’s reputation in any way, including on social media. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
All correspondence or notice required regarding the Program shall be made to Sarah by email at firstname.lastname@example.org and to you at the e-mail address you provided during your enrollment in the Program. Should your e-mail address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to Sarah within three days of any change.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Grand Rapids, MI. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
This Agreement shall be governed by and construed in accordance with the laws of the state of Michigan, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of: or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
This Agreement may not be assigned by either Party without express written consent of the other Party.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment OR interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
CLIENT RESPONSIBILITY; NO GUARANTEES
Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will help and guide Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By agreeing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome
are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement. Client acknowledges that Company cannot guarantee any results for publicity as such outcomes are based on subjective factors that cannot be controlled by Company.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Client Agreement as of the date Client agrees below.