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THIS AGREEMENT (“Agreement”) is made as of the date signed below between Dragon Physical Therapy PC d/b/a as d/b/a as ifixyoursciatica.com, d/b/a as ifixyourback.com and CLIENT NAME (“Client” or “I” or “you” or “me”) (collectively as the “Parties” or “we” or “us”).

 

The Parties have agreed that Client would like to retain ifixyoursciatica.com/ifixyourback.com to provide coaching services for Client, which is more fully described in Paragraph 3 below (the “Services”). In the event the Parties determine that Client requests physical therapy services, Ifixyoursciatica.com may either refer Client to a third party or enter into a separate agreement with Client for such services. In no event will the coaching services constitute physical therapy services.

 

The Parties agree to the following:

 

Term and Termination. This Agreement shall be effective as of the date listed above and shall continue for the duration of the package selected. For monthly packages purchased, Client may terminate prior to the start of the next billing cycle. For other packages of a set duration, Client may terminate, but shall still be responsible for payment in full. Ifixyoursciatica.com/ifixyourback.com shall provide services to Client as an independent contractor pursuant to the terms of this Agreement, Exhibit A any other Exhibits as may be incorporated under this Agreement from time to time upon acceptance of same by the Parties.

 

Representations and Warranties. The Parties represent and warrant that they are over the age of 18, and have the full and unrestricted right, power, and authority to enter into this Agreement, perform the Services, and grant the rights granted herein.

 

Services. Ifixyoursciatica.com will provide Client with the services listed in the package selected by Client. The description of the package is herein incorporated by reference. Client will follow the ifixyoursciatica.com/ifixyourback.com guidelines during the Services. For those Services with scheduled meetings (the “Sessions”), each Session will start promptly at its scheduled time. Session time cannot be made up due to late arrivals.  

 

If Client must reschedule a Session, Client must provide at least 24 hours of notice either in-person, via telephone to 551.231.1318 or directly to the email address of the /ifixyoursciatica.com/ifixyourback.com professional with whom Client has scheduled the Session. Failure to show up or provide notice of your intent to reschedule may result in a forfeiture of the Session.

 

Compensation and Payment. Client shall pay ifixyoursciatica.com/ifixyourback.com the fees in US dollars as set forth in the description of the Services. Client understands and agrees that Client is solely responsible for payment in full and that ifixyoursciatica.com/ifixyourback.com does not participate in any medical insurance plans. ifixyoursciatica.com/ifixyourback.com does not provide refunds for the Services. Failure to participate in the Services does not relieve Client of the obligation to make full payment under the terms of this Agreement.

 

Failure to pay may result in temporary or permanent suspension of the Services. If Client has not paid its invoice within fourteen (14) days of receipt of such invoice, Client agrees that it will be charged a late fee of .25% of the total amount due on a weekly basis until payment is received. In the event that Ifixyoursciatica.com incurs legal fees, costs, or disbursements in an effort to collect any invoices, in addition to interest on the unpaid balance, Client agrees to reimburse ifixyoursciatica.com/ifixyourback.com for all such expenses.

 

For Services where Client shall make a payment each month, the monthly payment is automatically deducted on the same date, each subsequent month, through Company’s online payment system. By signing below and making payment through Company’s online payment system, Client agrees to pay the monthly payment and authorizes the Company to charge Client’s credit card as payment for Client’s participation in the Program. Client represents and warrants that all payment information is true and correct and Client is authorized to use the payment instrument. Client will promptly update Client’s payment information with any changes (for example, a change in billing address or credit card expiration date).

 

Company does not issue refunds under any circumstances. Client is responsible for full and timely payment of all fees, regardless of whether Client attends or completes the Services, including, but not limited to, whether Company has limited Client’s access to the Services because of late payments.

 

Status. The Parties understand and agree that ifixyoursciatica.com/ifixyourback.com is an independent contractor. Neither ifixyoursciatica.com/ifixyourback.com nor ifixyoursciatica.com/ifixyourback.com’ agents shall be entitled to and waive any and all claims to any employee benefits as a result of Client’s relationship with /ifixyoursciatica.com/ifixyourback.com. It is understood by the Parties that the relationship established by this Agreement is one of an independent contractor and not an employment relationship, joint venture, partnership, or otherwise.

 

Confidentiality. The Parties agree to hold in strict confidence and not to disclose to others or use for any purpose (other than the performance of this Agreement and Services), either before or after termination of the Agreement, any confidential or proprietary information of the other party, including, but not limited to Client’s medical history and information.

 

Limitation of Claims. EXCEPT TO THE EXTENT SPECIFICALLY PROVIDED OTHERWISE IN THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OR ALLEGED BREACH OF THIS AGREEMENT BY EITHER PARTY OR ANY OTHER PERSON AND THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY SHALL A PARTY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, AND/OR REPRESENTATIVES HAVE ANY LIABILITY OR OBLIGATION TO THE OTHER PARTY OR TO ANY OF THE OTHER PARTY’S OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS AND/OR REPRESENTATIVES FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, ANY LOST PROFITS, ANTICIPATED INCOME OR PROFITS OR OTHER SIMILAR DAMAGES, ANY SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES OTHER THAN, OR IN ADDITION TO, ACTUAL DAMAGES AND/OR OTHER DIRECT DAMAGES. NOTWITHSTANDING THE FOREGOING OR ANY CONTRARY PROVISION OF THIS AGREEMENT, NOTHING CONTAINED HEREIN SHALL BE DEEMED TO LIMIT ANY PARTY’S INDEMNITY OBLIGATIONS FOR THIRD-PARTY ACTIONS, CLAIMS, OR PROCEEDINGS.

 

Limitation of Damages. COMPANY’S TOTAL LIABILITY UNDER OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OR FORM OF ACTION, AND WHETHER BEFORE OR AFTER ITS TERMINATION, SHALL NOT EXCEED THE TOTAL OF ALL AMOUNTS PAID TO ifixyoursciatica.com/ifixyourback.com BY THE CLIENT.

 

 

Indemnification. Client shall indemnify, defend, and hold ifixyoursciatica.com/ifixyourback.com harmless from and against any loss, liability, damage, or expense, including reasonable attorney's fees, incurred or suffered by or threatened against ifixyoursciatica.com in connection with or as a result of any claim brought by or on behalf of any third party person or entity as a result of or in connection with ifixyoursciatica.com's appearance or association with Client, unless such claim arises from ifixyoursciatica.com/ifixyourback.com's acts or omissions or arises from or is related to breach of any obligation and/or warranty made by ifixyoursciatica.com hereunder.

 

Likeness Release. Client acknowledges and agrees to grant ifixyoursciatica.com the right to record, film, photograph, or capture Client’s likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you for the purposes of promotion, sales publicity and advertising of ifixyoursciatica.com. This grant to Company includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.

 

Governing Law: This Agreement will be governed by the laws of the State of California, without reference to its conflict of law principles and jurisdiction of any and all such disputes will lie in the state and federal courts sitting in Marin County, California. Client consents to personal jurisdiction in the state and federal courts located therein and hereby waives all defenses of lack of personal jurisdiction and forum non-conveniens.

 

Assignment. This Agreement shall not be transferred or assigned, in whole or in part, to any third party, by Client without the express written consent of ifixyoursciatica.com, which may be withheld in ifixyoursciatica.com/ifixyourback.com's sole discretion.

 

Notice. Except as otherwise provided herein, all notices that either party is required or may desire to give the other party shall be in writing to the address noted in the signature block of the Agreement. Electronic mail is permissible but will only be considered sufficient notice if the non-sending party affirmatively confirms receipt.

 

Miscellaneous.

 

If any of the provisions of this Agreement is or becomes illegal, unenforceable, or invalid (in whole or in part for any reason), the remainder of this Agreement shall remain in full force and effect without being impaired or invalidated in any way.

 

Any rights or obligations contained herein that by their nature should survive termination of the Agreement shall survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, and confidentiality obligations.

 

Any failure of either party to enforce any provision of this Agreement, or any right or remedy provided for therein, shall not be construed as a waiver, estoppel with respect to, or limitation of that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy.

 

The Agreement may be executed in several counterparts, all of which taken together will constitute one single agreement between the Parties. The Parties expressly agree that with respect to this Agreement, an electronic signature or executed document which has been formatted as a Portable Document Format (PDF) and electronically exchanged shall be binding upon the Parties.

 

This Agreement, along with all attachments, represents a single agreement, as well as the entire agreement with respect to the subject matter. This Agreement supersedes any prior agreement between the Parties, whether written or oral, with respect to the subject matter, and may be modified or amended only by a writing signed by the party to be charged.

 

IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the day and year first written above.

 

EXHIBIT A – “Waiver”

 

I have purchased coaching and training services offered by ifixyoursciatica.com/ifixyourback.com(the “Program”). I understand that the information in the Program is for informational purposes only. The Program is not medical advice and should not be treated as medical advice. The information is provided “as is” without any representations or warranties, express or implied. I understand that the Program is not intended to diagnose or treat any illnesses or prevent future illnesses. I understand that individual results may vary and no results are guaranteed.

 

The Client understands that the role of the Program is not to provide health care, medical or physical therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body.

 

The Client understands that ifixyoursciatica.com/ifixyourback.com is not acting in the capacity of a doctor, licensed physical therapist, psychologist or other licensed or registered professional, and that any advice given by ifixyoursciatica.com/ifixyourback.com or any of its employees or contractors is not meant to take the place of advice by these professionals.

 

The Services provided by ifixyoursciatica.com only include physical training and coaching. Training is the process of preparing an athlete physically, technically, tactically, psychologically, and theoretically rapidly for the highest levels of performance. Physical training will not include pain management, but can provide strategies on reducing incidences of pain, which can include stretching and self-treatment techniques. However, I understand and agree that no full evaluation or assessment is provided, and therefore the Services do not constitute physical therapy.

 

I recognize that the Program may involve strenuous physical activity. I understand that any physical activity carries the risk of injury and due to its physical nature, the Program could therefore result in my injury. I expressly agree that all exercise and risk of injury that I undertake as a part of the Program is undertaken at my sole risk.

 

Client has chosen to work with ifixyoursciatica.com/ifixyourback.com and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.

 

I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the Program. I acknowledge that my enrollment and all subsequent participation in the Program is voluntary and I do so entirely at my own risk. I acknowledge that I have any necessary approvals from my doctor or medical professional to begin the Program. If I suspect that I may have an ailment or illness that may require medical attention, then I understand that it is my responsibility to consult with a licensed physician immediately.  

 

I understand and acknowledge that I will not rely on the information in the Program as an alternative to advice from my medical professional or healthcare provider. I understand that I should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided in the Program. I understand that this Program is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying my diet, or making changes to the diet of an individual in my care, I will seek the advice of a licensed medical professional. Any recommendations I follow for changes in diet or exercise, including the use of nutritional supplements, are entirely my responsibility. The Food and Drug Administration has not evaluated any statements in the Program.

 

I affirm that I have provided ifixyoursciatica.com/ifixyourback.com a complete and accurate medical history, including past and present medical conditions and all medications that I am currently taking. In providing the Program to me, ifixyoursciatica.com/ifixyourback.com is relying upon the truth, accuracy, and completeness of all information I have provided.

 

The Program may also contain recipes. All such recipes have been tried and used successfully, but results may vary from person to person. I agree to consult my medical professional before using any recipe if I have concerns about how I may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided in the Program, I understand that I assume the risk of any potential injury that may result. 

 

I understand that participating in the Program carries the risk of injury or illness. I expressly agree that all risk of injury is undertaken at my sole risk. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

 

Ifixyoursciatica.com/ifixyourback.com, its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, shall not be liable to me, my heirs, executors, administrators, assigns, or personal representatives for any claims, demands, injuries, damages, actions or causes of action to my person or property arising out of or connected with the Program. I expressly release ifixyoursciatica.com, its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns from all such claims, demands, injuries, damages, actions, or causes of action, from all acts of active or passive negligence on the part of ifixyoursciatica.com, to the extent such a release of negligence is permissible by law.

 

I have read the above Agreement and Wavier. I certify that I understand and agree to the terms of the Agreement and the Waiver as of the day and year first written above.

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Ifixyoursciatica.com

San Rafael, California 94901

551.231.1318

Ifixyoursciatica.com

San Rafael, California 94901

551.231.1318