Services Waiver and Terms + Conditions
Waiver
I agree that by scheduling and participating in the services by Absolute Health Coaching, I agree that this agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of New Zealand.
I hereby waive, release and discharge Absolute Health Coaching, its officers, employees, contractors, assigns and successors from and against any and all liability for any loss, damage, injury, expense demand or cause of action that I may suffer with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise as a result of my presence and involvement as a consequence of my use of the method advised with, by or from Absolute Health Coaching or otherwise to the maximum extent permitted by New Zealand Law. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.
I understand and I am aware that Absolute Health Coaching is bound to the confidentiality of its clients personal information, both in writing and in-person, will not be released or revealed to any person, unless required by law, or professional advice is being sought.
I understand and I am aware that I will honour the fees, expenses and charges for the services and under this agreement. These charges include, but are not limited to spark sessions, flame health memberships, masterclasses, kindling sessions, hold fees, and cancellation fees.
I understand and I am aware that the Absolute Health Coaching services require me to adjust and change components of my lifestyle in order to create the product of Health Coaching. These services will include, but are not limited to strength training, cardiovascular training, mobility exercises, nutrition adjustments, mental tasks, skill acquisition, lifestyle routine and any other services.
I acknowledge that I’m aware of my own physical and mental condition, and am participating in the services provided by Absolute Health Coaching entirely at my own risk and acknowledge the risks that are involved, to the extent permitted by law. Any recommendations for changes in nutrition, lifestyle, or exercise and activity are followed entirely as my own responsibility and I should consult a physician prior to commencing participation in the services, and prior to undergoing any changes.
I agree that Absolute Health Coaching provides services with no guarantee of results. I acknowledge that I am solely responsible to maintain the program and recommendations appropriate for my level of health, and I agree that any results that occur, whether positive or negative, are the effects of my own personal choices.
I confirm that each time I participate in activities that are advised or hosted by or with Absolute Health Coaching, I am in good physical condition and do not suffer from any known disability, condition, disease, incapacity or other impairment which would prevent or limit my participation in this program.
I acknowledge that I have either had a physical examination and have been given my physicians permission to participate in these services, or that I have decided to participate in these services without approval of my physician and assume all responsibility for my participation in the services of Absolute Health Coaching.
I confirm and acknowledge that the information I have provided to Absolute Health Coaching regarding medical condition(s) or other information is provided in full and correct, in writing, and will continue to honestly represent and provide any change of information.
I acknowledge that Absolute Health Coaching has not and will not provide me with medical advice and should I experience any medical issues, I will contact my physician immediately.
I understand that Absolute Health Coaching in designing the services have taken steps to reduce risks and increase safety and it is not possible for these programs and activities to be completely free of risk for each and every member. I acknowledge that in using my own judgement I’m personally responsible for deciding whether to participate in the services in respect of my own condition and abilities.
I confirm that I am over the full age of eighteen (18) years and that I have read this agreement/waiver prior to signing it and that I understand it.
Terms and Conditions
General
I acknowledge and confirms that I understand and agree to the waiver.
I agree to comply by safety guidelines and regulations outlined by Absolute Health Coaching while participating in services included, but not limited to the health membership.
I agree to provide a valid form of identification if requested.
I understand and agree that services provided by Absolute Health Coaching are in the form of guidance, and not prescription. I accept and apply this guidance voluntarily and at my own risk. I agree to consult Absolute Health Coaching or an alternative qualified health professional if I have any concerns.
I understand and agree that projected results require my compliance and communication with Absolute Health Coaching. I understand that Absolute Health Coaching will conduct in best practice and ethical methods.
Payment Details
By scheduling and participating in the services by Absolute Health Coaching, I agree to pay all invoices issued to me. Should I proceed with health service(s) provided by Absolute Health Coaching, I agree to commit to the associated costs within the timeframe indicated by the appropriate invoice which will be provided to me after each service.
Confidentiality
I agree that Absolute Health Coaching, for the purpose of working with me, collects personal information from me such as my name; contact information; address; priority contact platform; any other relevant information at the time. It is optional to provide personal information but Absolute Health Coaching may not be able to provide or follow up on some services, for example if Absolute Health Coaching doesn’t have the means to contact me.
I agree Absolute Health Coaching uses the information to contact me in the conduct of their business in providing services to me, booked services, billing queries or my emergency contact (if needed), and marketing. In the unlikely event fees or charges are unpaid or issues arise, Absolute Health Coaching may share this information with debt collectors, lawyers and other parties also for debt collection.
I understand Absolute Health Coaching endeavours to keep my personal information safe and only permits certain staff to access them. I understand I can ask for a copy of my personal information and to correct anything that is wrong. I can contact Absolute Health Coaching at becca@absolutehealthcoaching.com.
I understand that photography and videography may be used while participating in an in-person service of Absolute Health Coaching, and it may be used for educational or marketing purpose. To restrict use of photo and video content, I will provide written notice of this restriction.
Consultations and Service Cancellations
I understand and accept the costs stated in this agreement.
I understand and accept that all costs are non-refundable and it must be paid within the terms of the invoice.
I understand that Absolute Health Coaching is not obligated to provide a refund or write off an invoice/payment for any services if I do not engage in the services provided.
I understand that Absolute Health Coaching will endeavour to provide an alternative session date and time in the event that I cannot attend.
I understand that I must pay the full invoice amount if I cancel the session, and Absolute Health Coaching is not obligated to find an alternative session time.
In the event that Absolute Health Coaching cancels a service, I understand that will either receive an opportunity to reschedule or receive a full refund if the services are not fulfilled.
Intellectual Property
I acknowledge that the logo, name, get up, health programmes and activities, and any information, marketing materials created by Absolute Health Coaching are sole property of Absolute Health coaching. I will not use any of the intellectual property rights owned by Absolute Health Coaching without its prior written consent.
Dispute Resolution
I agree that should there be any dispute with Absolute Health Coaching, I shall first arise any issue or complaint with Absolute Health Coaching and agree to make genuine efforts to resolve the dispute through discussion and negotiation within one month of notifying Absolute Health Coaching. If negotiation does not resolve the dispute, then the parties shall seek to resolve the issue by mediation with a mediator both parties appoint, and if unsuccessful then the disputes tribunal.
Indemnity
I irrevocably indemnify Absolute Health Coaching, its associated persons, staff, employees, contractors (“Associated Persons”) for breach of any of the terms of this agreement, or any liability of Absolute Health coaching or its Associated Persons to me.
Limitation of Liability
I agree that should Absolute Health Coaching and any Associated Persons be liable to me (for any accidents, delays, injuries, harm, loss, damage, death, lost profits, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, and for any other loss or damage of any kind for any direct, indirect or consequential loss or damage) for any reason that, to the fullest extent possible under the Law, the maximum liability shall be limited to the aggregate total of all fees charged by Absolute Health Coaching to me for its services.
Variation of Terms and Conditions
I agree that Absolute Health Coaching reserves the right to change the terms of this agreement at any time.