Terms of service.
Coaching and Consulting Services.
Please read the Terms of Use for the Program(s) and Coaching Series(s) carefully and in their entirety before purchasing and using any coaching and/or consulting services such as 1:1 coaching, workshops, consultations, demonstrations, etc. (hereinafter referred to as the “Program”). The Program and its content are owned by Elisa Henry Morton and Eat Heal Move.
1. Definitions:
“Company”, “We”, “I”, “Our”, “The Coach”, or “Us” means Elisa Henry Morton and Eat Heal Move.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“You” “User”, “The Client” or “Your” means the purchaser and person using the Program.
2. Consent:
By participating in the Program(s) and Coaching Serie(s), you implicitly and voluntarily agree to act in accordance with and abide by, these Terms of Use.
3. DISCLAIMER:
By participating in the Program(s) and Coaching Serie(s), the client understands that Elisa Henry Morton is an Integrative Nutrition Health and Life Coach. We are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.
These Program(s) and Coaching Series(s) are for informational and educational purposes only. The information and education provided in this Program are not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.
The Client understands that the role of The Coach is not to prescribe or assess micro-and macronutrient levels; provide health care, medical, or nutrition therapy services; or to diagnose, treat or cure any disease, condition, or other physical or mental ailments of the human body. Rather, the Coach is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that the Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist, or other licensed or registered professionals, and that any advice given by the Coach is not meant to take the place of advice by these professionals.
If the Client is under the care of a health care 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. The Client has chosen to work with the Coach and understands that the information received should not be seen as medical advice and is not meant to take the place of seeing licensed health professionals.
Although we do our best to make sure all of the Program(s) and Coaching Series(s) content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for the accuracy of the Program(s) and Coaching Series(s) information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.
4. Fees:
The Coaching Series is 1x payment of US$3,300 (or) 3x monthly installments of US$1,100 (US$3,300) for a three-month Coaching Series, and 1x payment of US$6,600 (or) 6x monthly installments of US$1,100 (US$6,600) for a six-month Coaching Series. This includes six (6) 60-minute sessions over a three-month period for a three-month Coaching Series and twelve (12) 60-minute sessions over a six-month period for a six-month Coaching Series.
You will receive invoices for your coaching series via email monthly in advance of the next month’s coaching. Your coaching fees are payable upon receipt.
In the event of the Client’s absence or withdrawal, the Client will remain fully responsible for the unpaid balance of the Coaching Series. Under no circumstance will the Coach refund any payments made by the Client. The Client agrees to be legally obligated to pay the full amount of this Program. Payment can be made via Bank Transfer, Venmo (U.S.), PayPal, or Zelle (U.S.).
The Coach reserves the right to cancel the program if she feels it is not advantageous for the program to continue. If this happens, the Client will only be responsible for the pro-rata share of services received.
5. Coaching Commitment:
The Coach is fully committed to the Client’s success and expects the same level of commitment from the client. This commitment includes going through the entire coaching series from start to finish, including the accompanying financial commitment. This program expires if all sessions have not been completed within two months of the specified end date.
If, after our first full session together, you feel that a coaching series is no longer right for you, The Coach will gladly refund the next session in your month you are yet to have (if there is one outstanding) and release you from your coaching commitment. Once we have moved into session two, however - we are in all the way.
No part of the Coaching Series is refundable past session one.
6. Cancellations and Rescheduling:
Your session time is reserved especially for you, with preparation for your session done by The Coach ahead of time. I value our time together and know you will, too, by respecting and keeping your appointment.
I understand that sometimes things do arise, and you may need to reschedule or cancel your session. I do not charge cancellation fees for this but do encourage you, wherever possible, to give the coach as much notice as you can to change the scheduled session time.
7. Session Timing:
Each program session will end 60 minutes after it was scheduled to begin. In the rare event that the Coach is running late, she will endeavor, with the client’s permission, to extend the session time. If the Client is going to be more than 10 minutes late, they are asked to let the Coach know with as much notice as possible via email.
8. Session Location:
All sessions will be conducted virtually via Zoom.
9. Confidentiality:
All matters discussed between the Coach and Client whether in person, via phone, Messenger, or email, remain fully confidential. The coach will keep and dispose of the Client’s records in accordance with appropriate privacy laws.
10. Contact:
The Client is welcome to contact the Coach via email for support between sessions. This service is provided to all coaching clients which the Client is welcome to use. The Coach will endeavor to get back to the client in a reasonable amount of time.
11. Actions:
You will only gain wonderful momentum in your coaching series if you undertake agreed actions between coaching sessions. You agree to perform all actions set for you between sessions and advise me with as much notice as possible if they are not going to be completed. You will not hold The Coach responsible for not achieving (in whole or part) any of your goals and recognize that outside of coaching sessions your stated actions can only be carried out by yourself.
12. Coaching Methods:
You acknowledge that the Coaching Series may be personally challenging and give rise to feelings such as frustration, stress, and annoyance. You will not hold The Coach liable for any loss or cost incurred by you in the event of mental, physical, or emotional stress or distress caused directly or indirectly in relation to your coaching series. You will indemnify me in the event of any such claim.
13. Personal Responsibility and Release of Health Care-Related Claims:
The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this program. The Client expressly assumes the risks of the program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases the Coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, which the Client ever had, now has, or will have in the future against the Coach, arising from the Client’s past or future participation in, or otherwise, with respect to, the Program, unless arising from the gross negligence of the Coach.
14. Arbitration, Choice of Law, and Limited Remedies:
If you have any complaints, or should any issues arise in the use of the Program(s) and Coaching Series(s), please contact us directly first by emailing Elisa at elisa@eathealmove.com
This agreement shall be construed according to the laws of the State of New York. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.
In the event that there ever arises a dispute between Coach and Client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is a refund of any payment made to Eat Heal Move for the applicable program. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client. You are not permitted to seek additional damages, including consequential or punitive damages.
15. Limitation of Liability:
Elisa Henry Morton and Eat Heal Move are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program(s) and Coaching Serie(s). We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
Updated On: October 19, 2023