Trauma Healing Accelerated

HEALTH COACH SESSION AGREEMENT

You are purchasing 1:1 support from a Biology of Trauma® health coach to learn ways to help yourself achieve a better life after living with the effects of stored trauma on your body and health.  Please carefully read the following terms.  If anything is unclear, please ask. 

In this agreement, any uses of second person pronouns such as “you” or “your” refer to you as the client the client who signed below.  All uses of first person pronouns such as “We” or “us” refer to Trauma Healing Accelerated, LLC, which is also referred to as "Trauma Healing Accelerated" in this agreement.

 This Agreement is between you (the client who signed below) and Trauma Healing Accelerated. 

1. SERVICES

You want the additional support of 1:1 health coaching with one of the coaches affiliated with Trauma Healing Accelerated.  

We will cause you to receive a 1:1 health coaching session for a duration of the specific amount of time you purchased, during which the health coach will review your health goals and help you devise and implement positive, sustainable lifestyle changes in accordance with the Biology of Trauma® protocol developed by Dr. Aimie Apigian. In connection with the session, you might be provided with general recommendations based on the protocol, which may include suggested foods, supplements, vitamins, and other lifestyle factors.  The recommendations might also include assignments in accordance with the protocol, like suggested readings, journaling, drawing, body-focused exercises and other courses 

You will be asked to provide us with certain information, including lab results and your health history.  For quality control purposes, including proper adherence to the protocol, this information will be reviewed by Dr. Aimie Apigian and then discussed with the health coach who will meet with you privately during your coaching session. 

The Biology of Trauma® protocol is based on the accumulation of experience and training Dr. Aimie Apigian has had starting in 2008 with childhood trauma and attachment issues. Her training has included a conventional medical training, a 3-year surgery residency, training in and Board Certifications in Preventive Medicine and Addiction Medicine, along with training in psychosomatic medicine, nutritional therapy, Somatic Experiencing, Instinctual Trauma Response Model and NeuroAffective Touch.  She is a certified Functional Medicine provider and holds a Mental Health Nutrition certification – these certifications are not with any medical licensing board or similar government-authorized agency.  Your health coach has additional background and training that makes the coach uniquely qualified to support you in discussing these recommendations to help you know your next best step for your life and health.  

For training and quality control purposes, we may record your health coaching session.  We will own all rights to the recording of the session and any transcript made of it.  These will be stored under confidentiality and not shared with anyone outside of Trauma Healing Accelerated or the affiliated health coaches. 

2. SCHEDULING

To make sure you have the most time for your 1:1 support, each session will begin promptly on time and end promptly on time.  The session will open and start at the appointed time and will end promptly on time, regardless of the time that you enter the meeting, so please be on time! Once we have provided you the time of the meeting and the link to join, you are responsible to provide reminders for yourself and make sure you have the link for the meeting ready to use before the meeting.  If you need to cancel or reschedule the meeting, you must notify us at least 24 hours in advance; otherwise, you will forfeit that appointment and will not have an opportunity to reschedule it.  The services to be provided by us under this agreement are designed to be just for you; if you want family members or friends to participate, they will each have to sign a separate agreement and pay the full price for a coaching session. 

3. PAYMENTS AND REFUNDS

You agree to pay us upfront the full price stated on our check out page for the 1:1 support session with a coach.  If you pay us by credit or debit card, you authorize us and our payment processor to charge your card in the amount of the price for the 1:1 session.   

You are not entitled to any refunds.  If you want to reschedule the session, you may do so up to 2 times by giving us at least 24 hours’ advance notice.  If you fail to attend the session at the scheduled time and fail to request rescheduling the session at least 24 hours’ advance notice, you will not receive any refund and will not be entitled to reschedule the session.  You acknowledge that: (a) by agreeing to meet with you at the scheduled time, we are committing time and resources to fulfill our obligations; (b) by scheduling with you for a particular time slot, we are forgoing scheduling with someone else for that time slot; and (c) the lack of 24 hours' notice leaves us with insufficient time to reschedule with another individual for that same time slot.  

If we or your health coach, upon reviewing your information, determine that you are unlikely to benefit from the 1:1 session to our satisfaction, we may cancel the scheduled session and the services and issue you a full refund. 

4. MEETING FOR THE SESSION

For the coaching session, you will meet with the health coach on the online video platform Zoom, unless you request to have a phone call instead and provide us with the number for the health coach to call you at the scheduled time.  You acknowledge that Zoom claims to employ industry standard encryption and security protocols, and that we are not affiliated with Zoom.  

5. DISCLAIMERS

You understand that the health coach is an independent contractor with Trauma Healing Accelerator and is acting on their own in their provision of services as a health coach.  Trauma Healing Accelerated will not be held liability for their malice or negligence on their part. 

You understand that the role of your health 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 ailment of the human body.  Rather, your health coach is a mentor and guide who has been trained in holistic health approaches and the Biology of TraumaTM protocol to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes.  

While Aimie Apigian and your health coaches might hold licenses, you understand that the services provided you here are not licensed by any state.  

You understand that neither Aimie Apigian nor your health coach are acting in the capacity of a medical doctor, licensed provider, dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by me is not meant to take the place of advice by these professionals.  Neither this agreement nor the provision of services under it establish a physician-patient relationship with us or your health coach.  Rather, you understand that our services are alternative or complementary to healing arts services provided by those licensed professionals. 

If you are under the care of a health care professional or currently use prescription medications, you should discuss any dietary changes or potential dietary supplements use with your doctor, and should not discontinue any prescription medications without first consulting your doctor. 

6. PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS

You acknowledge that you take full responsibility for your life and well-being, as well as the lives and well-being of your family and children (where applicable), and all decisions made during and after these coaching sessions. 

You expressly assume the risks of the coaching sessions, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes.  You release Trauma Healing Accelerated and our employees, health coaches, and agents (if any), from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which you ever had, now have or will have in the future against Trauma Healing Accelerated, my employees and agents, arising from your past, present or future participation in, or otherwise with respect to, the coaching sessions, unless arising from my willful misconduct.  The forgoing provision does not apply to residents of New Jersey or any other state that does not allow such a release. 

Even if a court finds that Trauma Healing Accelerated is liable to you, our total liability is limited to refunding the total amount of fees you have paid for this health coach service, and you will have no recourse against us or your health coach for consequential, incidental, punitive or other damages.  The forgoing provision does not apply to residents of New Jersey or any other state that does not allow such a limitation on liability. 

7. CONFIDENTIALITY

You acknowledge that HIPAA does not apply to any information you share with us or the health coach, and that you understand there is no doctor-patient privilege between you on the one hand and us or the health coach on the other hand. 

We will keep private any nonpublic information you share with us and will not share such information to any third party unless compelled to by law.  If a third party seeks to compel us to disclose your nonpublic information, we will inform you of this fact within a reasonable time.  If you ask us to resist the third party’s efforts to compel disclosure, you must pay all costs we incur to resist such disclosure.  

8. DISCLAIMERS

We make reasonable efforts to accurately represent our services and their potential benefits.  Results can and do vary.  Therefore, we make no guarantees that you will achieve a particular result, even if you notify us of your desire to achieve that result. Further, we do not make any representation or warranty, express or implied, regarding my services or the results you may achieve from participating in the coaching sessions, and expressly disclaim any such warranties, including the warranty of merchantability and fitness for a particular purpose.  The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results.  Each individual’s success depends on many factors, including but not limited to, his or her background, dedication, starting point in their health, desire and motivation. 

9. CIRCUMSTANCES BEYOND ONE’S CONTROL

Except for an obligation to pay fees, neither party shall be liable for failure to perform any of its obligations under this agreement during any period in which such party cannot perform due to circumstances beyond their control, including, but not limited to, strike, fire, flood, or other natural disaster, war embargo, or riot, provided that the party so delayed immediately notifies the other party of such delay. The terms of the forgoing provision will not exempt, but will merely suspend, a party from its duty to perform the obligations under this agreement, until the circumstances beyond the party’s control ceases to exist and they are able to resume performance.  A party’s failure to perform will not be excused to the extent the circumstance beyond control arises from or affects a party’s obligation to make payment under this agreement.

10. NOTICES

All notices required or permitted under this agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, registered, or certified mail, return receipt requested at the address first set forth above.  Facsimile or electronic signatures shall be deemed equivalent to original signatures for purposes of this agreement. 

11. SEVERABILITY

If any provision of this agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified to comply with applicable law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way. 

12. ENTIRE AGREEMENT AND AMENDMENT

This agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding whether oral or written relating to the subject matter thereof.  This agreement cannot be amended verbally, but only by a written instrument signed by both you and me.  The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this agreement. 

13. ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES

If there ever arises a dispute between you and us 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 in the city of South Dakota.  The sole remedy that can be awarded to you if an award is granted in arbitration is refund of all fees paid to us.  Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to you. 

The laws of the State of South Dakota, except its choice of law principles, will govern this agreement and any dispute arising out of the this agreement or the coaching session.  If any provision of this agreement is deemed unenforceable, the remaining portions of the agreement shall be severed and remain in full force. 

14. EFFECTIVE DATE

 This agreement becomes effective on the date you sign this agreement. 

Your signature below confirms that:

You represent that you have the right, capacity, and authority to enter into this agreement ("the agreement") and that your participation and performance and the rights you have granted in the agreement will not conflict with or violate any commitment or understanding you have with any other person or entity. 

You agree to indemnify and hold harmless Trauma Healing Accelerated and my Health Coach and against all claims, losses, expenses, and liabilities of every kind including reasonable attorney’s fees arising out of the inaccuracy or breach of any provision of this agreement.  You expressly release the Trauma Healing Accelerated Host from all claims arising out of the use of the materials provided and for the use of the recordings for training purposes. 

You have read and ACCEPT the foregoing terms and fully understand their meaning and effect, and that you intend to be legally bound to those terms.