Introduction

This is an Agreement between you (the “Client” or “You”) and Empower Wellness Coaching, LLC, 88-2619022 having its registered office at 530 Meravan Dr, Palm Harbor FL 34683 (the “Practitioner”, “Us” or “We”).

It is important that you read these terms and conditions to ensure they are understood and agreed by you. By placing an order with us for any services and goods you are accepting these terms and conditions and agree to be bound by this Agreement.

Services Provided

1. Please refer to the Practitioner’s website or other form of literature produced by the Practitioner for a description of the services and goods offered. (the “Services”).

2. The Practitioner may also supply goods to the Client as part of the Services which may include, but is not limited to, written reports, supplements, books or other physical products (the “Goods”).

3. Any description of the Services or Goods is for illustration purposes only and does not constitute a contractual offer to sell.

4. The Client shall specify, orally or in writing, the number and description of any Services or Goods required which shall then be confirmed in writing by the Practitioner (“the Order”).

5. The Services may also include anything else which the Parties both agree on.

6. All Services and Goods are subject to availability.

7. The Practitioner may make changes to the Order which may be necessary to comply with any applicable law or governing body requirements. The Practitioner shall notify the Client of any such changes.

Obligations

8. The Practitioner shall provide the Services with reasonable skill and care.

9. The Client shall comply with the following obligations (the “Client Obligations”):

a. Co-operate with all matters relating to the Services.

b. Provide sufficient and accurate information or specifications required to enable the Practitioner to tailor and perform the Services appropriately.

c. The Client shall disclose any prior or pre-existing medical or health conditions.

d. The Client shall disclose any prescription, over the counter or herbal medications or supplements, being taken now or in the past, and anything else which would be considered by a reasonable person to be relevant.

e. The Client shall notify their GP, surgeon or other health provider of the Services and follow their advice to avoid any potential risk of conflict.

f. The Client shall strictly follow any advice provided by the Practitioner and will take any treatments or medications only for the timeframe stipulated by the Practitioner.

g. The Client shall report to the Practitioner without delay any adverse reactions or other concerns which may arise.

Delivery

10. The Services shall be provided at the Practitioner’s premises or other location agreed by the Parties.

11. Delivery shall be at the time agreed in the Order or, if not specified in the Order, shall be within a reasonable time and not more than 30 calendar days from the date of the Order.

12. Goods shall be delivered to an address confirmed by the Client in the Order or to another address agreed by the Parties or may be collected from the Practitioner’s premises.

13. Subject to the above, Goods may be delivered in instalments if the Practitioner has a shortage of stock or other reasonable reason.

14. The Client shall be responsible for any import duties or other taxes which may be incurred.

15. The Client shall be responsible for any reasonable costs of storage and re-delivering should the Client fail to take delivery.

16. The Client shall take responsibility for the Goods together with the risk of any loss or damage when the delivery is completed or upon collection by the Client.

17. The Client does not own the Goods until payment of the Fees has been made in full. The Practitioner may cancel delivery or, if delivery has already been made, require the Client to stop using and return the Goods if payment is overdue.

Payment

18. The fees for the Services and any additional charges (the “Fees”) are as detailed in the price list on the Practitioner’s website at the time of the Order or such other price as may be agreed between the Parties and which shall be confirmed in writing.

19. Any quotation or estimate which may be provided for the Services shall remain valid for 30 days unless the Practitioner notifies the Client of its withdrawal at an earlier date.

20. The Fees may be charged on a fixed fee or hourly basis and include VAT.

21. The Client shall pay a non-refundable deposit of  50% of the Fees at the time of the Order which shall be forfeit unless a minimum notice period of 24 hours is provided by the Client to cancel an appointment to provide the Services.

22. The Client must pay the balance of the Fees upon receipt of an invoice.

23. Payment of Fees must be made in cash by credit card or debit card or by electronic bank transfer.

24. If this Agreement is terminated by the Client prior to completion of the Services, the Practitioner shall be entitled to pro rata payment of the Fees from the date of the Order to the date of the termination.

25. If the Client does not make payment in accordance with this Agreement then the Practitioner shall be entitled to charge interest on the amount owed at a rate of 8% above the Bank of England base rate or to recover debt in accordance with the Late Payment of Commercial Debts (Interest) Act 1988.

Duration, Termination & Suspension

26. The Agreement shall continue for as long as it takes for the Practitioner to perform the Services.

27. This Agreement may be terminated by either Party providing written notice of termination of not less than 30 days to the other Party.

28. Any failure to comply with the Client Obligations shall be considered a default by the Client which shall entitle the Practitioner to suspend the Services until the default is remedied by the Client or to terminate the Agreement if the Client fails or is unable to remedy the default.

29. If a failure by either party is a result of circumstances beyond their reasonable control then they should notify the other party as soon as reasonably possible. The failing party’s obligations will thereby be suspended so far as is reasonable as long as that party acts reasonably.

30. Except to the extent that this Agreement expressly provides otherwise, the termination of this Agreement shall not affect the accrued rights of either party.

31. This Agreement shall not be varied unless agreed by both parties in writing.

Performance

32. The Parties agree to do whatever necessary to ensure that the terms of this Agreement take effect.

33. The Practitioner may reject an Order for any reason but shall inform the Client of the reason within a reasonable time.

Reimbursement of Expenses

34. The Client shall reimburse the Practitioner for any reasonably incurred expenses arising from providing the Services providing they have been pre-approved by the Client.

Confidentiality & Privacy

35. The Practitioner shall comply with the General Data Protections Regulations with regards to the personal or confidential information relating to the Client (the “Confidential Information”).

36. This Agreement should be read in conjunction with any policies, including the Privacy Policy and Cookies Policy, which can be found on the Practitioner’s website.

37. The Practitioner agrees not to disclose, reveal or use any Confidential Information unless authorised by the Client or required by law. This shall survive indefinitely upon termination of this Agreement.

38. All written and oral information and material disclosed or provided by the Client to the Practitioner is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Practitioner.

Intellectual Property

39. Any intellectual property (the “Intellectual Property“) that is developed or produced under this Agreement shall belong to the Practitioner.

40. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property shall belong to the Practitioner.

Indemnification

41. To the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party against any claims, losses, damages, liabilities, expenses and costs of any kind which may arise from any act or omission that occur in connection with this Agreement and this clause shall remain in effect following the termination of the Agreement.

Waiver

42. The waiver by either Party of a breach of any term or provision of this Agreement by the other Party, which must be in writing, shall not be construed as a waiver of any subsequent breach of any similar or dissimilar term or provision at the same or any earlier or subsequent time.

Entire Agreement

43. The Parties agree that all of the representations, warranties and conditions affecting this Agreement are expressly set out in this Agreement.

Third Parties

44. Written consent of both parties is required to assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this Agreement.

45. This Agreement is not intended to benefit, or to be enforceable by, any third party. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to this Agreement shall not require the consent of any third party.

Severability

46. In the event that any provision or part of this Agreement is held to be invalid or unenforceable then that provision or part shall be severed from the remainder of this Agreement which shall remain valid and enforceable.

Governing Law & Complaints

47. This Agreement will be governed and construed in accordance with the laws of the State of Florida.

48. The courts of Florida shall have exclusive jurisdiction to adjudicate any dispute relating to this.

Agreement.

49. To avoid any disputes, any issues or complaints should be submitted in writing to the Practitioner who shall provide a written response within a reasonable time.