Telegram Agreement

THIS TELEGRAM COACHING AGREEMENT (hereinafter: the “Agreement”) is made and entered into as of the effective date, by and between the Parties. This Agreement sets forth the legally binding terms and conditions for the Agreement.

IN CONSIDERATION OF this Agreement, the Parties hereby acknowledge, understand and agree to be bound by the following terms and conditions.

1. PURPOSE OF AGREEMENT

1.1 The purpose of this Agreement is to develop a 7-day coaching relationship between the Parties in order to cultivate the Client’s goals and to create a plan, using the methods and systems prescribed by the Coach to carry out those goals (hereinafter: the “Coaching Services”).

2. SCOPE OF WORK

2.1 The Parties agree to the following program: One-Week Telegram Support

Unlimited Access to Julia for 7 days beginning on a Monday

3. TERM OF AGREEMENT

3.1 The term of this Agreement (hereinafter: the “Term”) will begin on the Effective Date of the Agreement and shall remain in full force and effect until the last day of the group sessions (hereinafter: the “Termination Date”).

4. CLIENT RESPONSIBILITY

4.1. The Client agrees and accepts that they are solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of, or resulting from the Coaching Services, and accepts they are fully responsible for their own progress and results throughout the Coaching Services

4.2 The Client accepts all responsibility to take into consideration any lifestyle and/or diet changes as recommended throughout the Coaching Services to maximize potential results. The Client understands that they are fully responsible for their own progress, integrity and results throughout the Coaching Services.

4.3 In the event the Client has requested the Coach to recommend dietary changes and/or nutritional supplements to enhance the Client’s body’s natural ability to resist and/or overcome a known disease, disorder or condition, it is the responsibility of the Client to disclose the nature of the disease, disorder or condition and all other relevant details to the Coach. In the event the Client has not previously consulted with a licensed Physician or Naturopath about the disease, disorder or condition, the Client acknowledges that they are directed to promptly do so.

4.4 The Client understands they are not to alter or discontinue any treatments or supplements prescribed by the Coach without prior consultation with the Coach.

4.5 The Client further agrees and accepts to be fully committed to the process, attend every scheduled session and complete associated tasks, whilst maintaining integrity and sufficiently completing what is mutually agreed upon to be completed.

5. PAYMENT

5.1 In exchange for Coaching Services, the Client agrees to pay the Coach the following fees, according to the following schedule: The Client agrees and understands that the fee for Telegram Support is $333 USD plus applicable taxes. The fee is payable in full, in advance of the first session.

5.2 The Coach accepts payment through Credit Card transaction as mutually agreed upon between the Parties and the Client understands they will be charged in the amounts as listed herein. All instalments will be due on the date stated on the invoice. The Client understands that an additional fee of 3% will be added to the purchase price for transaction fees.

6. REFUND POLICY

6.1 Due to the nature of the Services the Coach does not offer any refunds, all sales are final and are not eligible for any refund under any circumstance, be it known or unknown, now or in the future. The Client further agrees and understands that changing their mind about the Coaching Services, failing to complete, follow-through or understand the details of the Coaching Services, not experiencing the results they expected or desired, or experiencing any other similar feelings or situations will not, under any circumstance, warrant a refund.

7. SCHEDULING

7.1 The Client agrees to engage in 7 days of Telegram support beginning on the following Monday after payment has been made.

7.2 The Client understands that questions can only be asked during the 7 days of Telegram support. The Coach will respond to messages between the hours of 9:00AM-5:00PM MST Monday-Sunday. If additional support is required, the Client understand there is an additional fee.

7.3 The Client further understands that due to the nature of the Coaching Services, the Client is not able to pause their participation in the Coaching Services, and the Coaching Services must be fulfilled within the 7 days.

8. TERMINATION

8.1 The Client understands that either Party may terminate this Agreement by written notice seven [7] days prior to any scheduled session. Any such written notice must be sent to: hello@juliachien.com.

8.2 The Client further understands that the Coach retains the right to, and may limit, suspend or terminate the Coaching Services prior to the Termination Date, without refund if the Client (i) becomes disruptive or difficult to work with, (ii) fails to follow program guidelines, (iii) is found to harass the Coach or other students of the Coach, (iv) participates in copyright infringement of any Intellectual Property produced and/or developed by the Coach, (v) is negatively speaking about the program and or Coaching Services offered by the Coach in public forums without prior consultation with the Coach as outlined herein. The Client accepts that the Coach will provide a formal warning prior to termination.

8.3 The Client accepts that if the Coach were to terminate the Coaching Services, for any other reason than those outlined in this Agreement, the Coach will award a partial refund that is fair and equitable considering the investment and time left of the Coaching Services.

8.4 The Client understands that any money owing to the Coach at the time of termination will become due at the effective date of termination, and the Client agrees to compensate the Coach for all Coaching Services agreed upon, regardless of termination if under the aforementioned circumstances.

9. DISCLAIMER

9.1. The Client understands that the purpose of the Coaching Services is to improve the overall health, vitality and well-being of the body through nutritional education and the use of natural foods and non-medical nutritional supplements. The Client understands that the Coach does not diagnose diseases, disorders or any conditions, and further understands that while the Coach is a Registered Nutritionist, the Coach is not a Naturopathic Doctor or Medical Physician.

9.2 The Client understands that the Services are meant to provide current evidence-based dietary, nutrition, and wellness information and advice. The information and advice provided is not intended, under any circumstance, to substitute medical advice. While the Coach is a Registered Nutritionist, the Coach expressly recommends, in the event of any symptoms or concerns, the Client consult a qualified medical practitioner. The Client understands it is their exclusive responsibility to seek such independent professional guidance as needed.

9.3 The Coach makes no representations, warranties, guarantees or promises verbally or in writing of any level of results from use of the Services. The Client agrees they are participating of their own volition and understands the risks associated.

9.4 The Client confirms and agrees that they will not use the Services as a substitute for counseling, psychotherapy, mental health care or substance abuse treatment. The Client accepts that if they are currently under the care of a mental health professional, it is recommended that the Client promptly inform the medical health care provider, of the nature and extent of the Services agreed upon between the Parties.

9.5 The Client understands that if during the course of the Services, the Coach feels that the nature of the discussion is outside of the scope in which the Coach is able to provide Services, the Coach will either refer the Client to someone else and/or terminate the Services.

10. LIMITATION OF LIABILITY

10.1The Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Coaching Services and/or Coaching Materials provided by the Coach. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages.

10.2 The Client shall defend, indemnify, and hold harmless the Coach, from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the Coaching Services, excluding, however, any such expenses and liability which may result from a breach of this Agreement or sole negligence or willful misconduct by the Coach. In consideration of, and as part of, the Client’s payment for the right to participate in the Coaching Services, the undersigned, heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Coach and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from the Client’s participation in the Coaching Services.

11. NO NEGATIVE STATEMENTS OR ACTIONS

11.1 The Client shall not at any time, directly or indirectly, take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Coach and/or Coaching Services in any way.

12. MODIFICATIONS

12.1 The Coach may modify this Agreement from time to time. Any modifications will be notified to the Client, and the Client may either continue the Coaching Services under the new conditions or the Agreement will be terminated.

12.2 The Client understands that without any notice to the contrary, by continuing the Coaching Services after notification shall enforce the modified Agreement as effective and the Client agrees to be bound to any changes in the Agreement.

13. DISPUTE RESOLUTION

13.1 In the event a dispute arises out of this Agreement and cannot be resolved by mutual consent, the Parties agree to attempt to mediate in good faith for up to thirty [30] days after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing Party in any legal action will be entitled to be paid by the other Party, all costs and expenses incurred, including but not limited to, attorneys’ fees.

14. SEVERABILITY

14.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

14.2 If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

15. WAIVER

15.1 The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

16. FORCE MAJEURE

16.1 Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of the Coaching Services, such as:

an act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricanes, flooding, storms or infestation);
or other (inclusive of hostility, war, invasion);
or any hazardous situation created outside the control of either Party (inclusive of a riot, pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism).

17. JURISDICTION

17.1 This Agreement shall be interpreted and governed in accordance with the laws of the Province of British Columbia.

18. BINDING EFFECT

18.1 This Agreement shall be legal and binding upon the Parties hereto and their respective successors and permissible assigns. The Parties each represent that they have the authority to enter into this Agreement.

19. ENTIRE AGREEMENT

19.1 This document reflects the entire Agreement between the Coach and the Client. The Parties agree to the terms and conditions set forth above as demonstrated by checking off the Terms and Conditions box at the method of payment.