TRISHA ZEHRUNG

CLIENT CONSULTING AGREEMENT 

This Agreement (the "Agreement") is entered into by and between Trisha Zehrung (“Consultant”) and you (“Client”). 

1.     The Consultant Relationship; Client and Consultant Responsibilities 

Trisha Zehrung agrees to serve as your 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.  Consulting is an alliance between the consultant and the client.  Consultant and Client agree to engage in a monthly relationship (month-to month basis, cancel at any time), Consulting program through up to 1 SOS meeting per month (via Zoom), access to automated course during the lifetime of membership, and e-mail/messaging support. Client will also receive up to 30% off select lab packages available. Consultant cannot, and does not, guarantee particular results.  

If Client wishes to upgrade/extend the Consulting relationship, both Consultant and Client must agree in writing to any additional services and payment terms.  The terms of this agreement will continue to apply unless any future agreement expressly supersedes it.

Consultant Responsibilities:

§  Consultant is committed to helping you optimize your fertility in a way that aligns with your goals.

§  Consultant will inquire about different areas of your life to assess areas where changes could benefit your fertility.

§  Consultant will teach you tools and methods to track your fertility so you can gain an in-depth understanding of your body.

§  During your consulting experience, Consultant will provide a supportive and encouraging environment--one in which you can be empowered and successful.

Client Responsibilities:

§  You agree to be patient and kind with yourself as you learn and apply new ideas and concepts.

§  You understand that 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 consulting sessions, but also in between consulting sessions (this is where you apply what you learn).

§  You agree that you are completely responsible for your wellbeing and your mental & 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 consulting journey.

§  You agree not to hold Consultant, or any company Consultant is affiliated with, liable for any outcomes resulting directly or indirectly from the choices you make during the consulting process.

§  You acknowledge that you are under the care of a physician/OB and healthy enough to engage in 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 Trisha Zehrung is a nurse practitioner and other employees or contractors of the Company may be medical professionals, your participation in the Program does not establish a nurse practitioner-patient or similar relationship of any kind between you, the Company, employees or contractors of the Company, or Trisha Zehrung. 

Consultant does not provide any financial, legal, medical or psychological services or advice. Consulting does not prevent, cure, or treat any mental or medical condition.  Consulting is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or 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 if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.

You agree that you will not use 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 consultant.

2.     Fees and Payment Schedule

Client agrees to the following fees and payment schedule:

Monthly membership price of $495/month (or less depending on membership commitment length)

§  Payable in Full, Email [email protected] to cancel your membership.

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 Consulting relationship, should these fees not be paid.

3.     Session Procedures

SOS calls will last 20-30 minutes and will take place by Zoom or call.  Consultant will initiate the call.  Where possible, sessions will take place at a set time and day, however, can be adjusted as mutually agreeable.  It is the client’s responsibility to book the SOS visits as they see fit and as needed. All visits must be scheduled 48 hours in advance.

A 24-hour cancellation notice is required for all scheduled phone and Zoom 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 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.

E-mail, Slack, and/or Practice Better messaging support is included as a part of the package.  E-mail support will include review of check-ins submitted by Client as well as discussion of any homework assignments, review of fertility charts and answering any questions that may arise in between sessions.  Consultant will reply to a minimum of one message per day during the week (Messages will be answered in the portal on Mon/Wed/Fri 11AM-3PM EDT).  E-mail/messaging support will not be available on Saturday, Sunday or holidays.  In some cases, support may exceed this minimum.

4.     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 someone outside our interactions, then Client needs to give Consultant written permission (original signed letter or e-mail) to do so.  

5.     Force Majeure

Consultant shall not be deemed in breach of this Agreement if Consultant is unable to complete or provide 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 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 Consulting and shall propose revisions to the schedule for completion of the Consulting or other accommodations, or may terminate this Agreement.

6.     Termination

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 consulting session.

All fees for the Services are non-refundable.  In the event of Consultant’s termination, Client will not owe any additional payments to Consultant.  

7.     Coaching Materials

Client acknowledges that Trisha Zehrung 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 Consulting. Trisha Zehrung 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. Course and portal access will be revoked upon cancellation of membership.

8.     Limitation of Liability, Release

Client agrees that Consultant will not be liable to Client or any third party for any damages (including, but not limited to, lost data, lost profits, incidental or consequential damages), that arise from Consultant’s performance of services (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 Services 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 Services, except to the extent such are caused by the sole fault or negligence of Consultant.

9.  General Provisions

This Agreement will be governed by the laws of South Carolina. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to Bluffton, South Carolina, 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.