CLIENT SERVICES AGREEMENT (the “Agreement”)

One-Time Breastfeeding Support

Client Information

Client Name: [FULL NAME OF CLIENT]

Service Purchased: One-Time Breastfeeding Support (the “Program”).

Investment: One payment of $100  (hereinafter referred to as the “Investment”).

This Agreement is made effective as of [INSERT DATE SERVICE BEGINS], by and between Public Health for Parents LLC dba Your Weaning Pal (hereinafter referred to as the “Coach or Company”) and [CLIENT NAME] (hereinafter referred to as the “Client”). The Client and the Coach or Company will collectively be referred to herein as the “Parties”. 

The Parties hereby agree to the following: 

1.     Program/Service Description

A.    Coaching Calls: One, one-hour coaching call with Candace via Zoom.

B.    Support: Zoom call on the topic of weaning from breastfeeding or extended breastfeeding. Guaranteed call within one week of purchase. Company will coordinate a call that works for both the Company and the Client within the normal contract hours (of 8a to 8p EST). One-time breastfeeding support coaching call may include suggested full weaning plans for Client’s family, tips for following Client’s desired plan, and providing parent coaching for challenges that arise due to weaning.

C.    Additional Services: Links to resources and referrals to external services or in-person assessments by healthcare providers will be provided on an as-needed basis. One follow-up email after the coaching call for lingering questions and/or progress updates.

2. Payment

The Client will pay the Investment pursuant to the following terms:

Investment: 1-time payment of $100

Payment Due: Investment due upon purchase

Client payment to be completed by debit or credit card payment via www.yourweaningpal.com Squarespace website.

Late / No Payments: 

Payments are due on or before the due dates listed in this section. Late payments will not be accepted. If a payment is not made on or before the due dates stated herein, the Coach will send the Client an email with instructions on how to make immediate payment. 

The Coach will not perform any additional services for the Client until payment is completed and the Client’s access to any client portal or materials may be removed until payment is made.

3. Refund Policy

1. No Refunds

The Coach will do everything within [HIS/HER/THEIR] ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. Refunds will not be issued for coaching services already conducted. If, for any reason, the Coach is unable to fulfill [HIS/HER/THEIR] obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered.

1. No Chargebacks

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account. 

4. Term & Termination

The Program is 14 days and begins on [DATE] (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.  

The Client may not terminate the Agreement prior to the end of the Term. The Coach may, for any reason, terminate the Agreement prior to the end of the Term, with a refund issued to the Client for any unused portion of the Program. 

5. Client Commitments

The Client agrees to the following as part of the Program:

A.    The Client shall participate fully in the Coaching Calls, and any other part of the program, to the best of [HIS/HER/THEIR] ability.

B.    The Client shall immediately inform the Coach of any issues or difficulties [HE/SHE/THEY] may have with the Program.

C.    The Client shall complete payment of the Investment according to the Terms herein.

6. Coach Commitments

The Coach agrees to the following as part of the Program:

A.    The Coach shall participate fully and intently in the Coaching Calls, and any other part of the program, to the best of her ability.

B.    The Coach will support the Client to the best of her abilities in accordance with Section I of this Agreement.

C.    The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client. The Coach will not divulge that the Parties are in a coaching relationship without your express permission.

D.    The Coach agrees to conduct the Coaching Calls/Sessions by Voxer app.

7. Disclaimer

The Client understands that the Coach is a Public Health Professional (MPH) & Certified Lactation Counselor (CLC: 340444).

The Coach is not a nutritionist, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with [HIS/HER/THEIR] physician before implementing changes or habits suggested by the Coach. The Client confirms that s/he has or will discuss any and all changes to [HIS/HER/THEIR] diet, exercise regimen, supplements, medications, or lifestyle with [HIS/HER/THEIR] physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to [HIS/HER/THEIR] lifestyle.  The Client understands that the Coach is not a nutritionist, physician, medical professional, and/or a psychotherapist or psychologist. 

Further, the Coach has not promised, nor shall she be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in [HIS/HER/THEIR] life.

8. Cancellations & Rescheduling Appointments

If you are unable to keep an appointment that we have, please provide 24-hour notice to the Coach. The Client can reschedule [HIS/HER/THEIR] appointment by emailing Candace at candace@yourweaningpal.com. 

9. Limitation of Liability

Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

10. Indemnification 

Client agrees to indemnify and hold harmless the Coach, Public Health for Parents LLC and its agents, employees, representatives, successors and assigns from all direct and third party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Public Health for Parents LLC or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach. 

11. ARBITRATION

Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of New Hampshire. The arbitration hearing shall be held in the state of New Hampshire. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Coach.

12. Entire Agreement

This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties. 

13. Severability 

The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged. 

14. Applicable Law + Venue
This Agreement shall be governed by the laws of the state of New Hampshire. Any action brought by any party arising out of or from these Terms shall be brought within the New Hampshire, County of Cheshire.

15. Photograph and Testimonial Release

The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of [HIS/HER/THEIR] likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share [HIS/HER/THEIR] name or identifying information. 

16. Confidentiality                                                                

The 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 throughout the Term of the 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 the Agreement.         

Permitted Disclosure. Notwithstanding anything in the foregoing, the Parties may disclose Confidential Information to the extent necessary as required by law, a court of competent jurisdiction, and/or any governmental authority or agency. Where permitted by law or legally permissible, the Parties shall disclose a request for information in writing to the other prior to disclosure. 

17. Recording Sessions

The Coach will advise the Client in writing in advance of any sessions if their session(s) will be recorded for any reason. The Client may not record any sessions with the Coach without the Coach’s prior written consent. 

18. Force Majeure

In the event that any circumstances beyond or not within the reasonable control of the Parties, including, but not limited to: an act of God (such as, but not limited to, fire, explosion, earthquake, flood, tsunami, drought, tidal waves, hurricanes, etc.), pandemic, hostilities, war, invasion, curtailment or interruption of transport, threats or acts of terrorism, State Department travel advisory or warning, 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 the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such circumstances.

19. No Guarantees, Warranties or Representations

The Coach has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the outcome or success (or the likelihood of such) in working with the Coach. The Client understands that due to the nature of the Program, the results experienced by each client may vary. The Coach does not make any guarantees other than that the Program shall be provided to the Client in accordance with the terms of the Agreement as stated herein. 

I HEREBY CERTIFY THAT I, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE.

As agreed to by:

_____________________________________                _______________

[CLIENT NAME]                                                          Date

_____________________________________                _______________

Candace St. John (on behalf of                                             Date

Public Health for Parents LLC

dba Your Weaning Pal)                                                                     

[END OF AGREEMENT]