Forever Fit Life Co,
This is an agreement between Forever Fit Life, A Nursing Corporation, a California Professional Corporation (Forever Fit Life), Emalee Corbera, (Nurse Educator/Fitness Counselor) in her capacity as a Nurse Educator and Health/Fitness Counselor of Forever Fit Life, and you, (Client).
The Health/Fitness Counselor/Nurse Educator who provides health education, and fitness and nutrition packages, delivers education, consultation and memberships on behalf of Forever Fit Life. In exchange for certain fees paid by you as the Client, Forever Fit Life, through its Nurse Educator/Health/Fitness Counselor, agrees to provide Client with the Services described in this Agreement on the terms and conditions set forth in this Agreement.
1. Client. A Client is defined as those persons for whom the Nurse Educator/Health/Fitness Counselor shall provide Services, and who are signatories to, or listed on the documents attached as Appendix 1, and incorporated by reference to this agreement.
2. Services. As used in the Agreement, the term Services, shall mean health education, consultation and a package of services and certain amenities (collectively “Services”), which are offered by Forever Fit Life, and set forth in Appendix 1.
3. Terms. This agreement shall commence on the date signed by the parties below, or the date when the client accepts the on-line agreement (digital version of this form) and shall continue for a period of one month, automatically renewed for monthly plans. If not purchasing a monthly plan, and/or purchasing nursing services, then the agreement shall commence on the date of service and apply to that service and any follow-up appointments/services/communications made at the request of the Client.
4. Fees. In exchange for the services described herein, Client agrees to pay Forever Fit Life the amount as set forth in Appendix 1, attached. This fee is payable upon execution of this agreement and is in payment for the services provided to Client during the term of this Agreement. If this Agreement is cancelled by either party before the agreement termination date (before the end of the month paid) for monthly plans, there will not be a refund for that month already paid, but rather the client will not be charged at the next monthly billing cycle and services will terminate on that date. For consultations or other one time services, or packages, fees are due at the beginning of the service and once the service is provided, there will be no refunds for any reason.
5. Non-participation in Insurance. Client acknowledges that neither Forever Fit Life, nor the Nurse Educator/Health/Fitness Counselor, participate in any health insurance or HMO plans or panels. Neither of the above make any representations whatsoever that any fees paid under this Agreement are covered by your health insurance or other third-party payment plans applicable to the Client. The Client shall retain full and complete responsibility for any such determination.
6. Term; Termination. This Agreement will commence on the date first written in Appendix 1 or the date the first payment is issued online and will automatically extend monthly thereafter if purchasing a monthly plan. Notwithstanding the above, both Client and Forever Fit Life shall have the absolute and unconditional right to terminate the Agreement, without the showing of any cause for termination, upon giving 30 days prior written notice to the other party. Unless previously terminated as set forth above, at the expiration of the initial one-month term (and each succeeding monthly term) or after a one time service, the Agreement and terms will automatically renew for successive monthly terms or one time services upon the payment of the monthly fee at the start of the contract month or at the start of any one time service.
7. Communications. Client acknowledges that communications with the Nurse Educator/Health/Fitness Counselor using email, facsimile (fax), video chat, instant messaging, and cell phone are not guaranteed to be secure or confidential methods of communications. As such, Client expressly waives the Nurse Educator/Health/Fitness Counselor’s obligation to guarantee confidentiality with respect to correspondence using such means of communication.
By providing Client’s email address on the attached Appendix 1, Client authorizes Forever Fit Life and its Nurse Educator/Health/Fitness Counselor to communicate with Client by email. By inserting Client’s email address in Appendix 1 or by submitting online payment for services, Client acknowledges that:
(a) Email is not a secure medium for sending or receiving information and there is always a possibility that a third party may gain access;
(b) Although the Nurse Educator/Health/Fitness Counselor will make all reasonable efforts to keep email communications confidential and secure, neither Forever Fit Life, nor the Nurse Educator/Health/Fitness Counselor, can ensure or guarantee the absolute confidentiality of email communications;
(c) Email communications may be made a part of Client’s permanent record;
Client understands and agrees that email is not an appropriate means of communication regarding emergency or other time-sensitive issues or for inquiries regarding sensitive information. In the event of an emergency, or a situation which could be reasonably expected to develop into an Emergency, the Client shall call 911 or the nearest Emergency room and follow the directions of the emergency personnel.
9. Change of Law. If there is a change of any law, regulation or rule, federal, state, or local, which affects the Agreement including these Terms & Conditions, which are incorporated by reference in the Agreement, or the activities of either party under the
Agreement, or any change in judicial or administrative interpretation of any such law, regulation or rule, and either party reasonably believes in good faith that the change will have a substantial adverse effect on that party’s rights, obligations, or operations associated with this Agreement, then that party may, upon written notice, require the other party to enter into good faith negotiations to renegotiate the terms of the Agreement including these Terms & Conditions. If the parties are unable to reach an agreement concerning the modification of the Agreement within forty-five days after the effective date of change, then either party may immediately terminate the Agreement by written notice to the other party.
10. Severability. If for any reason any provision of this Agreement shall be deemed, by a court of competent jurisdiction, to be legally invalid or unenforceable in any jurisdiction to which it applies, the validity of the remainder of the Agreement shall not be affected, and that provision shall be deemed modified to the minimum extent necessary to make that provision consistent with applicable law and in its modified form that provision shall then be enforceable.
11. Reimbursement for services rendered. If this Agreement is held to be invalid for any reason, and if Forever Fit Life is therefore required to refund all or any portion of the monthly or one time service fees paid by Client, Client agrees to pay Forever Fit Life an amount equal to the reasonable value of Services actually rendered to Client during the period of time for which the refunded fees were paid.
12. Amendment. No amendment of this Agreement shall be binding of a party unless it is made in writing and signed by all the parties. Notwithstanding the foregoing, the Nurse Educator/Health//Fitness Counselor may unilaterally amend this Agreement to the extent required by federal, state, or local law or regulation (“Applicable Law”) by sending Client 30 days written advance notice of any such change. Any such changes are incorporated by reference into this Agreement without the need for signature by the parties and are effective as of the date established by Forever Fit Life, except that Client shall initial any such change at Forever Fit Life request. Moreover, if Applicable Law requires this Agreement to contain provisions that are not expressly set forth in this Agreement, then, to the extent necessary, such provisions shall be incorporated by reference into this Agreement and shall be deemed a part of this Agreement as though they had been expressly set forth in this Agreement.
13. Assignment. This Agreement, and any rights the Client may have under it, may not be assigned or transferred by Client.
14. Guarantees. Client acknowledges that Forever Life Fit makes no guarantees that Client will have any specific results from Forever Life Health, Nursing, Fitness and or Nutrition program(s) or consultations/Services. Client further acknowledges that Forever Life education, advice or programs are not a substitute for medical care and Client agrees
to consult with a health care provider before starting any program or implementing any advice given and get approval for implementation of advice or program.
15. Legal Significance. Client acknowledges that this Agreement is a legal document and creates certain rights and responsibilities. Client also acknowledges having had a reasonable time to seek legal advice regarding the Agreement and has either chosen not to do so or has done so and is satisfied with the terms and conditions of the Agreement.
16. Miscellaneous. This Agreement shall be construed without regard to any presumptions or rules requiring construction against the party causing the instrument to be drafted. Captions in this Agreement are used for convenience only and shall not limit, broaden, or qualify the text.
17. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes all prior oral and written understandings and agreements regarding the subject matter of this Agreement.
18. Jurisdiction. This Agreement shall be governed and construed under the laws of the State of California and all disputes arising out of this Agreement shall first go to mediation and then to binding arbitration if necessary in the jurisdiction for Forever Fit Life’ address in Los Angeles County California. Both parties will agree to mediator and/or arbitrator.
19. Service. All written notices are deemed served if sent to the email address written in Appendix 1of the party accepting this Agreement by issuing payment online, or by signing in person.
The parties have signed duplicate counterparts of this Agreement on the date first written (if applicable).
Services and Payment Terms for “Forever Fit Nourished” Online Program
Online nutrition education and coaching “Forever Fit Nourished” at $189.00/month, which is subject to change at any time, may include the following:
1. Nutrition and health education
2. General nutrition recommendations
3. General fit lifestyle tips (i.e. strategies to remain motivated, recommendations on stress reduction and proper sleep, exercise, fitness etc.)
4. Access to private social applications such as; Facebook, LinkedIn, Instagram, YouTube etc. May also communicate via a support group which the Nurse Education/Health/Fitness Counselor may visit daily M-F to comment on posts for encouragement, and to provide feedback to questions/topics that arise.
5. Email access to the Nurse Educator/Health/Fitness Counselor for questions/help/make needed modifications based on individual client response.
6. Periodic email for clients offering information, motivation or encouragement to stick to the lifestyle changes and or discussion of applicable health topics, literature/studies.
7. Availability to public blog on Forever FitLife website with postings on various topics such as health, lifestyle, training and nutrition.
8. Public Instagram account posting some workout demonstrations, recipes, motivational quotes, lifestyle pics to give a glimpse of our philosophy and program with link to our website. Client may be asked for permission to feature them/their successes on the Instagram account or other social media forum. Client must sign release of liability and consent form.
Services and Payment Terms for “Forever Fit Life Nursing Services”
Online/Virtual Nursing Education at $250 for an initial consultation lasting a minimum of 30 minutes to a maximum of 1 hour and $100 per follow up appointment lasting 30 minutes each.
Provide nursing and health education based on assessed needs.
Provide education on lifestyle interventions including nutrition, fitness, general
health, disease management and prevention.
These services are for general information purposes only and are not intended to
replace or be in substitution for professional medical or nursing advice and Client shall check with their own health care provider for any medical or nursing needs.