THE THRIVE PATHWAY

CLIENT CONSULTING AGREEMENT

This Agreement (the "Agreement") is entered into by and between Kari Yvonne Marley (“Consultant”) and Your Name (“Client”, “you” or “your”).

Services

Consultant agrees to provide Client with the following services (“Services”):

Health and wellness education, Personalized wellness planning, Lifestyle and behavior recommendations

Consultant and Client agree to engage in a health consulting program through six meetings (via online) and e-mail support.

If Client wishes to extend the consulting relationship, both Consultant and Client must agree in writing (including by e-mail) to any additional services and payment terms. The terms of this Agreement will continue to apply unless superseded by another agreement in writing.

The Consulting Relationship; Client and Consultant Responsibilities

The health consulting relationship is co-creative, meaning that the Consultant and Client are equal partners in the consulting process. Consultant agrees to serve as your Health Consultant. Consulting is designed to help you change the way you think, which will affect your feelings, which will affect your actions, which will ultimately affect your results for health and wellness. Consulting is an alliance between the consult and the client. Consultant and Client agree to engage in a health consulting program through 6 meetings (via online) and e-mail support. Consultant cannot, and does not, guarantee particular results.

If Client wishes to extend the consulting relationship, both Consultant and Client must agree in writing (including by e-mail) to any additional services and payment terms. The terms of this Agreement will continue to apply unless superseded by another agreement in writing.

Consultant Responsibilities:

•  Consultant is trained to use communication skills and coaching tools to support you as an equal partner throughout the health consulting process.
•  Consultant is committed to helping you overcome limiting beliefs and create a new mindset that will empower you to achieve your goals.
•  Consultant will ask thoughtful questions designed to increase awareness.
•  Consultant will teach you tools that you can use to improve your mindset, your relationships with other people and, most importantly, with yourself.
•  During your health consulting experience, Consultant will provide a supportive and encouraging environment--one in which you can relax and explore your potential.
•  Consultant will answer questions during the schedule health consulting calls, via the Consultant’s website and through private messaging.

Client Responsibilities:

•  You agree to be patient and kind with yourself as you learn and apply new ideas and concepts.
•  You understand that health consulting works when you do the work and you agree to take ownership for your progress and accomplishments.
•  You agree to show up for yourself not only during your health consulting sessions, but also in between the sessions (this is where you apply what you learn).
•  You agree that you are completely responsible for your well-being and your mental and physical health care – during, after, and between sessions.
•  You agree that you are the expert in your own life and are fully responsible for any choices and decisions you make during your health consulting journey.
•  You agree not to hold the Consultant, or any company the Consultant is affiliated with, liable for any outcomes resulting directly or indirectly from the choices you make during the coaching process.
•  You acknowledge that you are under the care of a physician and healthy enough to engage in Health Consulting.
•  You agree that your relationship with the Consultant, or anyone providing Consulting Services on behalf of the company, is that of a consultant-client relationship and that no other professional relationship (such as doctor-patient) has been established.

Although Kari Yvonne Marley is a physician assistant and other employees or contractors of the company Consultant is affiliated with may be health care professionals, your coaching/consulting relationship with her does not establish a doctor-patient or similar relationship of any kind between you, the company your health consultant is affiliated with, employees or contractors of the company Consultant is affiliated with, or Kari Yvonne Marley. 

Consultant does not provide any medical or psychological services or advice. Consultant does not prevent, cure, or treat any mental or medical condition. Health consulting is not intended to be a substitute for professional advice that can be provided by your own medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions, and results. You should consult with a professional, independent of the health consulting relationship, if you have specific questions about your own unique situation. Health Consulting and any company that the Consultant is affiliated with, disclaims any liability for your reliance on any opinions or advice received as part of the health consulting relationship.

You agree that you will not use health consulting as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a health consultant.

Consultant cannot and does not guarantee any specific health outcomes, medical results, or improvements as a result of this consulting relationship. The guidance provided is educational and supportive in nature and is not a substitute for professional medical advice, diagnosis, or treatment.

Fees and Payment Schedule

Client agrees to the following fees and payment schedule:

Total package price of $997 if paid in full or 3 payments of $397 if elected for the payment plan.

If on payment plan, first payment of $397 is due prior to 1st session, second payment of $397 is due prior to 3rd session and third payment of $397 is due prior to 5th session.

Consultant reserves the right to charge a late fee on all balances more than 15 days overdue at the maximum interest rate allowed by law. Client agrees to reimburse Consultant for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

Consultant also reserves the right to terminate this Agreement, and the health consulting relationship, should these fees not be paid.

If paying by debit card or credit card, you give Consultant and any company that Consultant is affiliated with permission to automatically charge your credit or debit card for all fees and charges due and payable to the Consultant, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Consultant and any company that Consultant is affiliated with is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

Session Procedures

Sessions will last 60 minutes and will take place through telecommunication online. Where needed, Zoom, or other videoconferencing software, will be used. Where possible, sessions will take place at a set time and day, however, sessions can be adjusted as mutually agreeable.

A 24-hour cancellation notice is required for all scheduled sessions. Cancellation requests made less than 24 hours prior to your scheduled appointment will result in the forfeit of the consulting session that was reserved for you. If the Consultant must reschedule the appointment last minute due to an emergency, the missed appointment will be rescheduled and an additional 30-minute consulting session will be added as a courtesy.

Email support is included as a part of the consulting relationship. Email support is included as part of the consulting relationship to provide communication and address questions that may arise between sessions. Consultant will reply to a minimum of one message per day during the week (Monday – Friday). Email support will not be available on Saturday, Sunday, or holidays. In some cases, support may exceed this minimum.

Preparation for First Session

Client will receive a separate welcome letter and intake questionnaire to outline the process and prepare for the first session. Completing all intake forms is paramount to the success of your meetings with the Consultant.

Confidentiality

Consultant agrees to keep all information about the Consultant / Client relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if Client threatens to harm himself or herself, or others. Client acknowledges that Consultant / Client communications are not covered by any doctor-patient privilege or other privilege.

If Client wishes for Consultant to speak to a third-party relating to the coaching relationship, then Client needs to give Consultant written permission (original signed letter or e-mail) to do so.

This confidentiality provision shall survive the termination of this Agreement.

Termination and Refunds

Either party may terminate this agreement by providing notice in writing (including by email). Consultant requests Client provide at least 48 hours notice of termination prior to your next scheduled health consulting session. 

In the event of termination by either party, Client will receive a pro-rated refund for any unused sessions in the same form in which the payment was made shortly after termination. Client will not owe any additional payments to the Consultant.

Consultant does not control its payment processor and will not be able to expedite any refunds.

To receive a refund of any health consulting fee, you must cancel your participation in health consulting by the earlier of: (i) 5 days after payment of the coaching fee; or (ii) the date coaching begins. 

In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing health consulting, Consultant has a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any health consulting and no refunds will be provided to you. By using and/or purchasing health consulting, you understand and agree that, except for the limited refund period described above, all sales are final and no refunds will be provided.

In the event of termination, Client will retain access to the health consulting materials, as defined below.

Coaching Materials

Client acknowledges that the Consultant owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during our health consulting relationship. Consultant hereby grants Client permission to use these materials for Client’s own personal use only. Client agrees not to copy, share, sell, or distribute any of these materials to anyone else.

Diversity, Equity and Inclusion; Client Conduct.

Consultant is committed to social justice, including LGBTQ rights, women’s rights, and civil rights, and provides Services for individuals from a diverse array of races, ethnicities, national origins, sexual orientations, ages, religions, genders, educations, abilities, and other identities.

Consultant does not tolerate or support discriminatory speech, hate speech, comments or actions against others based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels, or any physical, mental, or emotional abuse.

Consultant reserves the right to terminate this Agreement and the health consulting relationship, without refund, if Client, or Client’s employees, representatives, agents, founders, members, owners, managers, directors, or officers engages in, encourages, demonstrates, or communicates statements, language, or actions that support race, gender, ethnicity, or disability inequality, discrimination, hate speech, or disrespect towards any individuals on Consultant’s team, or that are in under-represented or marginalized groups.

Client is strictly forbidden from harassing, fighting with, or being disrespectful to Consultant’s other clients or potential clients.

If, in the Consultant’s sole discretion, Client’s conduct violates this paragraph in any way, Client agrees that the Consultant may immediately terminate this Agreement and the health consulting relationship.

Limitation of Liability, Release

Client agrees that Consultant will not be liable to Client or any third party for any any incidental, statutory, special, exemplary, punitive or consequential  damages (including, but not limited to, lost data or lost profits), that arise from Consultant’s performance of health consulting (including, but not limited to, failure to perform in a timely manner). Client agrees that any personal injury to Client or third parties or any property damage incurred in the course of performance of the health consulting shall be the sole responsibility of Client. Client agrees to indemnify Consultant and its owners, officers, employees, and agents from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which may arise out of Consultant’s performance of the health consulting, except to the extent such are caused by the sole fault or negligence of Consultant.

Force Majeure

Consultant shall not be deemed in breach of this Agreement if Consultant is unable to complete or provide health consulting or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness, or incapacity of Consultant and any company that Consultant is affiliated with or any local, state, federal, national, or international law, governmental order or regulation or any other event beyond Consultant’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Consultant shall give notice to Client of its inability to perform or of delay in completing or providing the health consulting and shall propose revisions to the schedule for completion of the health consulting or other accommodations, or may terminate this Agreement.

General Provisions

This Agreement will be governed by the laws of Montana. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to Bozeman, Montana, and waives any defense of lack of personal jurisdiction or forum non conveniens. This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation shall be entitled to recover its attorneys’ fees and costs from the other party.

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.

By clicking on the box when signing up for Health Consulting, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these Terms, do not purchase or use our services.