GROUP COACHING PACKAGE CLIENT AGREEMENT
JOYFULL FOOD (PRE-PARTY)

Last Updated June 22, 2021

This Client Agreement is entered into and effective on the date of purchase, by and between Haley Reese, a California Sole Proprietorship (“Company”), and you (“Client”).  This Client Agreement outlines the relationship between Company and Client and defines how the parties will work together.  

For good and valuable consideration, Client agrees to purchase JoyFull Food, a group coaching services package, (“Coaching Package”) from Company.  In exchange, Company agrees to provide coaching services for Client, using appropriate techniques in accordance with Client’s needs and in alignment with Company’s role as an empowerment coach and mentor, with details as outlined below.

I. GROUP COACHING PACKAGE DETAILS

JoyFull Food is a year-long group program, designed to teach you tools, empower you with resources, and create mindset shifts to help you reclaim your happiness and wellbeing.

Group Coaching Package includes the following services:

a. Twelve months of group coaching.
b. Private Facebook group.
c. Monthly theme or area of focus each month for a total of 12 themes.
d. Downloadable activity workbook each month for a total of 12 workbooks.
e. Monthly community cook-alongs hosted on Zoom for a total of 12 cook-alongs.
f. Monthly group coaching call hosted on Zoom for a total of 12 calls.
g. Call recordings uploaded to private Facebook group.

II.  TERM 

The term of this Client Agreement shall be from this day through no later than July 31st, 2022 and all services must be used by then.

III.  FEES

In consideration for the Coaching Package Services provided by Company to Client, Client agrees to pay Company a fee of $1,222 (“Fee”).  Client agrees to make payment via PayPal. Company’s obligation to provide services to Client are conditional upon Client making timely payment.

Client shall make payment in full prior to gaining any access to the Coaching Package, unless a Payment Plan has been offered by the Company.

If a Payment Plan has been offered by the Company to the Client, a Payment Plan Addendum outlining those additional terms will be attached to this Coaching Agreement and will become part of this Agreement.   

IV.  COMMUNICATIONS

A. Group Coaching Sessions.

Group coaching sessions (including community cook-alongs and group coaching calls) will be scheduled at the discretion of the Company, and Client understands this timing may not always work for Client’s schedule.  Client understands that any inability to attend a group session is in no way the fault of Company and does not affect the Coaching Package or this Client Agreement.  

Group coaching sessions take place by Zoom. Sessions will be initiated by Company at the session time.  

If Client is unable to attend a session, they understand that the replay will be available in the private Facebook group and there will be no make-up sessions offered.  

B. Social Media Group. 

Client will be granted access to a private group on Facebook as part of the Coaching Package.  When participating in this group, Client agrees not to post anything defamatory, harmful, hurtful, harassing or that would constitute cyberbullying.  Client understands that Company has a zero tolerance policy and will immediately terminate Client’s access if this provision is violated.  

C.  Access to Company.

During the Group Coaching Package, Company will be accessible to Client on the scheduled group coaching sessions and in the private Facebook group. Should client wish to have additional sessions, Company will be available for paid consults at Company’s standard rates.

For technical and payment related questions or concerns, Client agrees to email haley@haleyreese.com and not post these in the Facebook group.

V.  CLIENT RESPONSIBILITIES

Client agrees to arrive to sessions on time, respect the allotted time for each session, adhere to the payment terms of this Agreement, be fully present in all sessions, actively participate in the coaching process, actively take ownership and responsibility for their results, apply 100% effort to get results, be honest with Company, communicate respectfully with Company, and provide all information and documentation requested by Company.

Coaching is designed to support you in reaching your goals, but your success depends on many factors, including your own commitment, dedication, motivation, starting point, willingness to be open, honesty with yourself, unique health and genetic profile, life experience, expertise, etc. and you understand that these factors will impact your results. You also understand that coaching services offer guidance, direction and program materials but do not actually implement anything for you. You are responsible for producing your results.  

VI.  COMPANY RESPONSIBILITIES

Company agrees to arrive on time to sessions, communicate in a timely manner if there are any unexpected delays, be prepared for all sessions, be fully present in all sessions, serve as a guide and mentor, perform in a professional manner, hold the space for transformation, carry out this Coaching Package in a professional manner, and communicate respectfully with the Client.

VII.  CONFIDENTIALITY

This Client Agreement is a mutual non-disclosure agreement with both Company and Client agreeing not to disclose or make use of any confidential information learned about or through the other party. This mutual non-disclosure agreement survives the termination of this Client Agreement. Any violation of this non-disclosure agreement may result in legal action against Client.

Throughout the Coaching Package, Client will share private and confidential information with Company for Client’s personal benefit and Company agrees not to disclose such confidential information to any third parties. Client may authorize Company to disclose such information in writing.  

A reserved exception to this is if Company is required by law to disclose information shared by Client, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Client, Company, a third party, or to respond to an emergency. In such event, Company will limit disclosure to essential information.

Throughout the Coaching Package, Company will share proprietary and confidential information with Client, for Client’s personal benefit, including, but not limited to, personal information, financial information, strategies, techniques, original work, recipes, and other unpublished information. Client agrees not to disclose such confidential information to any third parties.

All information shared in group coaching sessions and in the social media group by Company or other group members is confidential. Client agrees not to disclose any information learned by, through or about any other group members.

Client and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.

VIII.  INTELLECTUAL PROPERTY

Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Coaching Package, unless otherwise stated, including but not limited to, documents, videos, audio recordings, video recordings, worksheets, workbooks, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Client or specifically created for Client.  

By purchasing the Coaching Package, Client is granted one limited, revocable, non-transferrable license to view, read, download, print and use the materials and content for Client’s personal benefit only, as directed by Company.  All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.

Client agrees not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent.  If a violation of this provision is discovered or suspected, Company may terminate Client’s access to the Coaching Package, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law.  

IX.  TERMINATION

Client may terminate this Coaching Agreement and discontinue the Coaching Package at any time, for any reason, by providing notice to Company in writing, subject to the refund policy in this Coaching Agreement, but no portion of payments already made will be refunded.  If a payment plan has been elected, Client remains responsible for any outstanding payments, even though Client has terminated this Coaching Agreement. 

Company may terminate this Coaching Agreement and discontinue the Coaching Package if Company determines, in its sole discretion with no requirement for explanation, that the relationship must terminate.  In that event, Client will be entitled to a pro-rated refund of $75 for each of the remaining months.  

X.  REFUND POLICY

Company’s refund policy is as follows: given the nature of the Coaching Package, all purchases are non-refundable.

Client understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy.  

Client further understands that if Client cannot participate in the Coaching Package, all payments are still due under this Agreement.  Any chargeback or threat of chargeback made by Client will result in immediate termination of Client’s access to the Coaching Package and an additional $250 fee to Client.  

XI.  NO GUARANTEES, NO WARRANTIES

Client is participating in this Coaching Package voluntarily and understands that Company makes no guarantees regarding Client’s results with this Coaching Package.  Client agrees that Company is not responsible and Client does not have a cause of action, legal remedy or an entitlement to a refund if Client does not achieve the desired result, or if there are errors or omissions in the Coaching Package or any of its materials.

The Coaching Package is provided “as is,” and, except for the express warranties in this Client Agreement, is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, expectation of course of performance and non-infringement.   Client’s participation is voluntary and agrees not to hold Company responsible if Client becomes dissatisfied with the Coaching Package.  The Coaching Package is intended for a general audience and is not in any way specific advice tailored to any individual. 

XII.  DISCLAIMER, FULL DISCLAIMER INCORPORATED BY REFERENCE

Nothing in the Coaching Package is intended to constitute or should be relied upon as medical advice.  Client understands that Company does not diagnose, treat, heal, cure or prevent any illness, medical condition or mental or emotional condition and nothing in the Coaching Package is intended to diagnose, treat, heal, cure or prevent any illness, medical condition or mental condition.  Nothing in the Coaching Package is intended to be a substitute for consultation, diagnosis, treatment or other professional medical advice from a healthcare professional, nor is it designed to provide Client with a medical diagnosis, treatment or other medical services.  Company is providing services only in the capacity as an empowerment coach and mentor to assist Client in making changes to Client’s lifestyle, not as a healthcare professional.  

Nothing in the Coaching Package is intended to constitute or should be relied upon as mental health, medical, financial, business or legal advice.  Client understands that Company is not a psychologist’s office, psychiatrist’s office, therapist’s office, mental health practitioner’s office, physician’s office, naturopath’s office, licensed dietitian’s office, other licensed or registered healthcare professional’s office, accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such.  Nothing in the Coaching Package is intended to be a substitute for professional advice from a healthcare professional or licensed business professional.  Company is providing services only in the capacity as an empowerment coach and mentor, not as a licensed mental health, medical, financial  or business professional.  Coaching is in no way to be construed as psychological counseling, therapy or medical advice.  Our Services are intended to provide you with tools to implement and use in your own life for self-help, in the area of mental and emotional wellness.

Nothing in the Coaching Package is intended to constitute or should be relied upon as financial, business or legal advice.  Client understands that Company is not an accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such.  Nothing in the Coaching Package is intended to be a substitute for professional advice from an accountant, financial advisor, lawyer or other licensed business professional.  Company is providing services only in the capacity as an empowerment coach and mentor, not as a licensed business professional.  

Client has read, understands and consents to be bound by Company’s full Disclaimer, located at https://www.haleyreese.com/disclaimer, which is incorporated here.

XIII.  ASSUMPTION OF RISK 

Client understands that the Coaching Package may include participation in lifestyle  strategies, financial, business or career strategies, diet, exercise and movement elements, which include inherent risks of loss, harm, illness, injury and other negative results.  Client confirms that prior to beginning this Coaching Package with Company, Client will be evaluated by a healthcare professional and will obtain medical clearance to participate in the Coaching Package.  If Client chooses not to obtain such medical clearance, Client assumes all risks and agrees not to hold Company responsible for any harm, illness, injury or other negative results.  Client also confirms that during this Coaching Package with Company, Client will always have the opportunity to consult with a licensed health professional, licensed mental health professional, accountant, financial advisor, lawyer or other licensed business professional before acting on any Content of the Coaching Package.  If Client chooses not to speak to a licensed health professional, licensed mental health professional or licensed business professional, Client assumes all risks of use or non-use of Company’s Content and agrees not to hold Company responsible for any harm, injury or other negative result.

XIV.  LIMITED LIABILITY, INDEMNIFICATION

Client agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from this Client Agreement or the Coaching Package, including any injuries sustained or medical ailments that result, and Company expressly excludes such liability to the fullest extent of the law.  In no event shall Company’s liability exceed the fees paid under this Client Agreement.

Client agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to this Client Agreement or Coaching Package.

XV.  GOVERNANCE 

This Client Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California, regardless of Client’s location.  The exclusive venue for any legal proceeding based on or arising out of this Client Agreement shall be Alameda County, California.

XVI.  DISPUTE RESOLUTION, LITIGATION EXPENSES

Should any dispute arise between Client and Company, it would be preferable to work it out amicably, but if that is not possible, then Client agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Alameda County, California.  Client agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgement of law.  Client understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.

Client understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company.  No award of any consequential or additional damages may be awarded to CLIENT. 

If any legal action is brought because of an alleged dispute regarding this Client Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.

XVII.  ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT

Client and Company agree that this Client Agreement constitutes the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals.  Client understands that any expectation regarding the Coaching Package, which is not specifically included in this Client Agreement is not included in the Coaching Package.  

Client agrees that no waiver of any of the provisions of this Client Agreement shall be deemed, or shall constitute, a waiver of any other provision of this Client Agreement,  nor shall any waiver constitute a continuing waiver.

Client agrees that this Client Agreement is not to be altered, amended, extended or considered waived in any way, except in writing, with an additional Addendum, signed by both Client and Company, or by an authorized signatory for either party.

If any term of this Client Agreement is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

This Client Agreement is not assignable, delegable, sub-licensable, or otherwise transferable.

XVIII.  NOTICE

All notices, requests, demands, and other communications regarding this Client Agreement shall be in writing, sent via the US mail, addressed as follows:

Haley Reese
P.O. Box 2232
Alameda, CA 94501

XIX.  SIGNATURES

Client and Company agree that clickwrap electronic signatures are a valid form of signature for this Client Agreement.  

Client has the opportunity to consult with an attorney and to have all questions answered by Company prior to signing this Client Agreement.  By clicking the “I agree” checkbox (www.haleyreese.com/joyfull), Client and Company agree to all of the terms of this Client Agreement.

PAYMENT PLAN ADDENDUM
JOYFULL FOOD

Company/us = Haley Reese, a California Sole Proprietorship 
Client/you = customers of JoyFull Food

This Payment Plan Addendum outlines the terms and payment schedule for your purchase of JoyFull Food.

It is is incorporated into the Group Coaching Package Client Agreement between Client and Haley Reese.

This Payment Plan Addendum Agreement is entered into and effective on the date of purchase, Company and Client agree: 

I.  FEES

The single payment investment for JoyFull Food is $1,222.  Client has been given the option to either pay that price in a one-time upfront payment, or to pay installments under a payment plan.  

The payment plan investment for JoyFull Food is $1,332, with 12 monthly payments of $111 each.  

II.  PAYMENTS

By choosing the “Monthly” payment option and signing this Payment Plan Addendum, Client is electing to use a Payment Plan and agrees to pay as follows:

INSTALLMENT PAYMENT SCHEDULE

Client agrees to make payments via PayPal, using PayPal Installment Plan (otherwise known as a “Subscription”). If Client wishes to change the method of payment during the term of the payment plan, Client agrees to contact Company at least 10 days prior to the next installment due date and request the changes.

Client gives Haley Reese permission to automatically charge Client via PayPal for all installment payments, at the time they are due, without any additional authorization.  

III.  MISSED PAYMENTS

If any payment due is not able to be processed on its due date, Company will notify Client, who will then have a 5-day grace period to make the payment, plus a $25 late fee.  Once the grace period has expired, if payment is still not able to be processed, Client’s access to JoyFull Food may terminate, with no refunds given for any payments made.  

If any payment remains delinquent for over 30 days, Company reserves the right to engage a Collections Agency to seek payment and to report the event to all three credit reporting agencies. 

If Client chooses to terminate the Coaching Package, Client will still be responsible for all payments due under this Payment Plan Addendum. 

IV.  SIGNATURES

Client and Company agree that clickwrap electronic signatures are a valid form of signature for this Client Agreement.  

Client has the opportunity to consult with an attorney and to have all questions answered by Company prior to signing this Client Agreement.  By clicking the “I agree” checkbox (located at: www.haleyreese.com/joyfull), Client and Company agree to all of the terms of this Client Agreement.