LEGAL TERMS FOR FOUNDATIONS OF WELLBEING COURSE & GROUP COACHING:
1. EDUCATION AND TRAINING
The Company is not a healthcare entity. While the owner, Kate Eskuri, is a Registered Nurse with a Doctorate in Nursing Practice and a Certified Health Coach in Minnesota, she is not acting under the purview of any of her licenses. Furthermore, she is not a dietitian, licensed dietitian, registered dietitian, nutritionist, licensed nutritionist, nutrition counselor, or licensed nutrition counselor in any state. Therefore, the Services given under this Agreement are considered alternative or complementary to licensed healing arts services.
2. SERVICES
The Services given under this Agreement involve providing information about diet and nutritional intake, and guiding, assisting, informing, and supporting clients to make thoughtful, manageable lifestyle adjustments to improve overall wellbeing and vitality through the use of a variety of coaching techniques. The Company primarily guides, assists, educates, and supports clients to assume more personal responsibility for their health by adopting a healthier attitude, lifestyle, and diet. You understand that any and all recommendations are not intended as diagnosis, treatment, or prescription and are based solely on the Company's own informed opinion.
Theory. The theory upon which the services are based is as follows: (1) health coaching involves attuning clients to their own health goals, metrics, and habits, so clients can release limiting beliefs, clarify their values, and achieve overall wellness; (2) life coaching involves partnering with clients in a thought-provoking and creative process that inspires them to maximize their personal and professional potential.
Group Coaching. You understand that the Services will be given in a group setting and not on an individual basis and agree to this format. You may sign up for one-on-one coaching through a separate arrangement and agreement.
The specific Services of this Group Coaching Agreement include the following:
As part of The Foundations of Wellbeing course, 8 group health coaching calls are included
Group calls are virtual in nature and will be delivered over zoom
Calls will be recorded and uploaded to the course portal for review/watching
Group coaching calls will review key points from week’s lesson, allow for question and answer, and general group health coaching
Potential Benefits of Services. Benefits of the above Services include receiving health information and education that can augment your overall health and improve your healthcare decision-making, as well as overall lifestyle and nutritional support and general life balance. Expected benefits to the specific Services include the following:
Mindset Discovery: Discover limiting beliefs, work on goals, time management/organization. Such things determine where a client is versus where they want to be, and what is holding them back so the Company can empower them to move forward.
Nutrition Services: proper nutrition can potentially help balance gut health, lessen internal inflammation, increased mental clarity, improved mental & physical wellness, and boost immune function.
Detoxification: household & workspaces where we spend most of our time can be filled with toxins and contaminants (mold, chemicals, heavy metals, dust & mites, disease from pests/critters, etc.); eliminating environmental toxins can potentially help improve inflammation symptoms, breathing, mental clarity, better sleep, more energy;
Hygiene and Self Care: may aid to keep body systems in check and maintains a balance of the mind and body.
3. RISKS OF SERVICES
Other specific risks include:
Mindset Assessment: Not everyone is willing to tap into the deepest parts of their minds; certain aspects would be better observed & assessed under the direction of a licensed mental health practitioner (e.g., identifying triggers & healthy coping skills)
Nutrition services are not a one size fits all approach, and the Company makes no guarantees on weight loss/gain. Client may not notice any immediate or even long-term changes in their health without continuous lab assessment with their doctor to compare before and after differences.
Exercise advice is not a one size fits all approach and it is recommended to check with your provider before engaging in any exercise. Please check with your health care provider before beginning any exercise program, including those that are mentioned on this site.
Detoxification and lifestyle changes potentially aggravates current symptoms or causes a new onset of symptoms as the body adjusts to changes. It may take time to notice the benefits if noticeable at all, and it may disrupt the daily habits and lifestyles of those in close proximity to the client. Detoxification recommendations could include fasting and other forms of detoxification. While this is generally safe, some people may experience a short period in which symptoms increase or flu-like symptoms occur with mild fever, chills, dizziness or loss of appetite. Such an experience, while unpleasant, can signal the body is effectively detoxifying.
Supplementation: Always check with your physician before starting a new supplement, vitamin or herbal product. Any medications you are currently taking may influence the ingredients and possible interactions of this product. Please consult with your doctor before beginning any new supplements
4. COURSE
The Course given under this Agreement involves providing information about diet and nutritional intake, and guiding, assisting, informing, and supporting clients to make thoughtful, manageable lifestyle adjustments to improve overall wellbeing and vitality through the use of a variety of coaching techniques. The Company primarily guides, assists, educates, and supports clients to assume more personal responsibility for their health by adopting a healthier attitude, lifestyle, and diet. You understand that any and all recommendations are not intended as diagnosis, treatment, or prescription and are based solely on the Company's own informed opinion.
Theory. The theory upon which the Course is based is as follows: (1) health coaching involves attuning clients to their own health goals, metrics, and habits, so clients can release limiting beliefs, clarify their values, and achieve overall wellness; (2) life coaching involves partnering with clients in a thought-provoking and creative process that inspires them to maximize their personal and professional potential.
The specific Elements in this Course include the following:
Video modules/presentations and lessons on general health concepts
Review of foundational health practices (whole food nutrition, sleep supporting, self-care, etc.)
Digital worksheets, writing exercises, and meditations/intention setting to help deepen course concepts and provide for reflection
Provided in a digital online format
Potential Benefits of the Course. Benefits of the above elements include receiving health information and education that can augment your overall health and improve your healthcare decision-making, as well as overall lifestyle and nutritional support and general life balance. Expected benefits of the Course include the following:
Mindset Discovery: Discover limiting beliefs, work on goals, time management/organization. Such things determine where a client is versus where they want to be, and what is holding them back so the Company can empower them to move forward.
Nutrition Services: proper nutrition can potentially help balance gut health, lessen internal inflammation, increased mental clarity, improved mental & physical wellness, and boost immune function.
Detoxification: household & workspaces where we spend most of our time can be filled with toxins and contaminants (mold, chemicals, heavy metals, dust & mites, disease from pests/critters, etc.); eliminating environmental toxins can potentially help improve inflammation symptoms, breathing, mental clarity, better sleep, more energy;
Detoxification of Body: has a goal of clearing the gut and other organs of toxins that can potentially cause inflammation or other adverse effects that may weaken the immune system or compromise nutrient absorption and balance.
Exercise advice is not a one size fits all approach and it is recommended to check with your provider before engaging in any exercise. Please check with your health care provider before beginning any exercise program, including those that are mentioned on this site.
Hygiene and Self Care: may aid to keep body systems in check and maintains a balance of the mind and body.
5. RISKS OF COURSE INFORMATION
Specific risks from taking the Course may include:
Mindset Assessment: Not everyone is willing to tap into the deepest parts of their minds; certain aspects would be better observed & assessed under the direction of a licensed mental health practitioner (e.g., identifying triggers & healthy coping skills
Nutrition services are not a one size fits all approach, and the Company makes no guarantees on weight loss/gain. The client may not notice any immediate or even long-term changes in their health without continuous lab assessment with their doctor to compare before and after differences.
Detoxification potentially aggravates current symptoms or causes a new onset of symptoms as the body adjusts to changes. It may take time to notice the benefits if noticeable at all, and it may disrupt the daily habits and lifestyles of those in close proximity to the client. Detoxification recommendations could include fasting and other forms of detoxification. While this is generally safe, some people may experience a short period in which symptoms increase or flu-like symptoms occur with mild fever, chills, dizziness or loss of appetite. Such an experience, while unpleasant, can signal the body is effectively detoxifying.
Supplementation: Always check with your physician before starting a new supplement, vitamin or herbal product. Any medications you are currently taking may influence the ingredients and possible interactions of this product. Please consult with your doctor before beginning any new supplements
6. INFORMATION AND EDUCATION ONLY
The information provided pursuant to the Services is educational and informational in nature and is provided only as general information. It does not constitute the practice of medicine and does not establish a Provider-Patient relationship. The information is not intended to solicit clients or patients; and should not be relied upon as medical, pharmacological, psychological, or other professional advice of any kind or nature whatsoever. Even if those providing information through the online telehealth format display professional licensure or other credentials in the healing arts, or cite clinical trials or other medical literature, they are limited to providing information and education, and are not providing any clinical service. The information provided should not be used for diagnosing or treating a health problem or disease. The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject matter, but is merely intended to serve as one resource for general and educational purposes.
7. NO MEDICAL OR PSYCHOLOGICAL SERVICES
You are not engaging the Company for any medical, pharmacological, or psychological services. You understand that the Company does not diagnose, treat, or claim to cure any medical or psychological condition, and that the Company’s services are not designed to replace conventional treatment methods for medical or psychological conditions. The Company does not handle medical emergencies of any kind. You are responsible for your own healthcare decision-making by obtaining any necessary consultations with appropriately licensed healthcare professionals such as physicians and psychologists. You agree to seek medical assistance or psychotherapy or any other appropriate physical or mental diagnosis and treatment from a duly-licensed practitioner if you find there to be any distressing aspects of the Services that could create a danger for Yourself or others. Never disregard or delay medical advice received from your licensed healthcare provider based on information provided by the Company. Always consult your licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication, supplement, routine, or procedure.
8. NOT REPLACING CURRENT MEDICAL CARE
The Company is not replacing care currently provided to you by licensed healthcare providers, such as your current primary care physician, internist, gynecologist, cardiologist, gastroenterologist, pediatrician (in the case of children) or other specialty care. The Company has advised you that it does not admit patients to the hospital or treat hospitalized patients, and that you should maintain a relationship with a physician who is available to provide emergent and urgent care. If you encounter a medical emergency and are not able to obtain care from your primary care physician, you agree to contact 911 or report to a hospital emergency department.You understand that you should have an annual physical exam with your primary care physician of record every year, if not more often as clinically indicated.
9. DIETARY SUPPLEMENTS
Dietary supplements are marketed for general well-being, or as intended to affect the normal structure or function of the human body – for example, “calcium builds strong bones.” Thus, although the Company may recommend dietary supplements with a specific therapeutic purpose in mind, manufacturers and distributors are prohibited from making drug or therapeutic claims for dietary supplements, and their use in clinical practice is chiefly designed to support general well-being or certain aspects of metabolic function. While most dietary supplements are generally considered safe, efficacy has not been conclusively established; and in some cases, adverse reactions can occur if the client is concurrently using pharmaceutical medications (drugs). For this reason, it is important to keep all of your healthcare providers fully informed about all medications and dietary supplements you may be taking.
10. CONFIDENTIALITY
You agree to keep all of the information you learn from the Coaching confidential. You agree not to share this information with anyone or use it to create your own course or training. You understand that doing so will cause the Company great harm and agree to pay damages to the Company for breaching this Confidentiality Clause. You also understand that doing so could cause great harm to the person(s) you share it with because you lack the expertise to give such information.
11. INTELLECTUAL PROPERTY
In the event that any copyrighted or trademarked works are created or shared by the Company as a result of the Services provided under this Agreement, the Company owns all its intellectual property and does not permit anyone outside of the Company to use it other than for the purposes of receiving the Coaching Services. This includes not sharing, selling, or otherwise disseminating the intellectual property.
12. PRIVACY POLICY
Because the Company is not a healthcare provider, many medical privacy laws, such as the Healthcare Insurance Portability and Accountability Act (HIPAA) do not apply. However, while the Company is not bound by medical privacy laws, it agrees to keep your personal information secure and will only disclose it to necessary parties in order to effectively take care of you as a client.
Recording. You agree and understand that any live coaching session, webinar, seminar, or other format in which you participate may be filmed and/or recorded, and you hereby grant the Company the right to film and/or record you while you participate. You understand and agree that the Company will own all rights in and to such filmed and recorded work, including rights granted by copyright law. You further agree not to record, copy, duplicate, repost, publish, or disseminate the same or any portion of it by audio, video, photographic, or any other means.
13. NO CLAIMS OR GUARANTEES
You understand that the Company makes no representations, claims, or guarantees that any medical problems or conditions you have will be cured, solved, or helped by receiving the Company’s services. Expected benefits are variable, unique, and depend completely on the individual client. The Company cannot guarantee any benefits or effects, but in working with the Company, you could expect that if protocols are followed and you participate consistently, you will come closer to your goals, especially if you are committed to long-term work. Results are extremely variable, unexpected events happen, and unforeseen challenges arise, and the Company cannot guarantee any results.
14. TESTIMONIALS AND ENDORSEMENTS
Clients generally may not be expected to achieve the same or similar results as others who have received services and who have subsequently written or recorded video testimonials and endorsements. The Company may post testimonials for informational purposes only. The Company does not claim that anyone will experience the same or similar results as mentioned in these testimonials. Nor does the Company claim that a significant number of consumers may obtain similar results. Results experienced by any one individual who has written a testimonial or endorsement are not necessarily what any given client should expect to experience. Any information that could be regarded as a testimonial or endorsement in connection with these services does not constitute a guarantee, warranty, or prediction by the Company regarding the outcome of any past, ongoing, or future conversation or interaction with me.
15. TELECOACHING
Telecoaching involves the use of audio-visual or other electronic communications to interact with a client with respect to the Services. The Company may also communicate with you through phone, email, digital platforms, or videoconferencing technology. You understand that because technology is not perfect, you could experience some failures, interruptions, or poor quality in communication. There may be limitations to image quality or other electronic problems that are beyond the control of the Company. Despite reasonable security measures, online communications can be forwarded, intercepted, or even changed or falsified without your knowledge. In addition, the information transmitted to the Company may be insufficient to provide proper advice. Alternatives to using electronic communications include an in-person visit or a visit to a licensed healthcare professional in your state.
16. REFERRALS
You understand that the Company may recommend that you seek other types of services from health professionals or health-related service providers that may not be affiliated with the Company. You understand that the Company does not supervise any such professionals or companies and is not responsible for them. You understand that they are not the Company's employees and will bill separately for their services.
17. RIGHT TO DISCONTINUE SERVICES/COURSE
You understand that the Company has the right to refuse to continue delivering Services at any time for any reason whatsoever and will refund your payment in full for the portion of unused services.
18. NOTICE FOR CALIFORNIA RESIDENTS
State law allows any person to provide nutritional advice or give advice concerning proper nutrition--which is the giving of advice as to the role of food and food ingredients, including dietary supplements. This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.
19. COACHING PROGRAM FEES
Cost for engaging in this group health coaching program and course is ranged between $197 and $227 (dependent on coupon use) and included in the 8-Week Course The Foundations of Wellbeing. Payment in full is required and failure to meet payment will result in being removed from the course.
20. TERMINATION OF COACHING PROGRAM & REFUNDS:
You may cancel your selected program at any time by written notice. The Company does not offer any refunds of any kind for this Services. Any refunds by affiliate companies will be given at the sole discretion of these third-party companies. Additionally, this Agreement may be terminated by the Company at any time, at the sole discretion of the Company, for nonpayment of fees, abusive or disruptive conduct or harassment, repeated failure to attend sessions, or fraud.
21. ASSUMPTION OF RISK; INDEMNITY
You knowingly, voluntarily, and intelligently decide to receive the Services described above, and you knowingly, voluntarily, and intelligently assume all risks. As a result of your acceptance of these risks, you agree to release, hold harmless, indemnify, and defend the Company from and against any and all claims which you or your representatives may have for any loss, damage, or injury arising out of or in connection with the use of the Services described above, or arising out of or in connection with referral to professional providers. As a result, you agree not to pursue a claim against any of the foregoing, if you are dissatisfied with the results of the above Services.
22. LIMITATION OF LIABILITY:
You acknowledge and agree that the Company is not liable to you or any third party for any damages (including, without limitation, direct, indirect, incidental, special, consequential, exemplary, incidental, special, or punitive damages, personal injury/wrongful death, lost profits, good will, use data or other intangible losses (whether or not I have been advised of the possibility of such damages)) or damages arising from or relating to this Agreement or any other agreement, even if advised of the possibility of such loss or damages, and whether under negligence or some other theory of liability. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. Notwithstanding the above, the Company's sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for Services or other service provided by the Company, and, must be brought within one (1) year since the event giving rise to such action occurred. You understand and agree that your participation with respect to receiving Services is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from the same.
23. GOVERNING LAW; DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of Minnesota. You agree to attempt to resolve any dispute under this Agreement first among you and the Company. If this is unsuccessful, you will attempt mutually-agreed-upon mediation in Duluth, Minnesota. If this is unsuccessful, you or the Company may bring a law suit in a court of appropriate jurisdiction in St. Louis County, Minnesota.