Service Agreement

SERVICE AGREEMENT

DELTA HEALTH COACHING SERVICES

Non-Discrimination

At Delta Health Coaching our purpose is to provide tools and support for our customers to take responsibility for their health and create a foundation of health. We are a results-based company that wants to help you continually improve your quality of life. Our customers have the following rights and responsibilities regardless of race, color, culture, language, ethnicity, religion, sex, sexual orientation, gender identity or expression, socioeconomic status, age, national origin, physical or mental disability, and/ or veteran status.

Personal Responsibility

“Your health is your responsibility. Your health is affected more by your daily choices than by any other controllable factor.” — Dr. Douglas Howard

It is your responsibility to:

• Understand that Delta Health Coaching is here to support you in your journey to better health through general health recommendations, education, and support.

• Provide accurate information about your health, including past and present lifestyle choices.

• Participate in your Health Coaching by using the educational resources provided.

• Ask questions if you do not understand or agree with the education or resources provided.

• Inform your Health Coach if you do not intend to or cannot follow the goals you set together.

• Maintain communication with your Health Coach on the progress, changes, and results of your Health Coaching plan.

• Discuss any lifestyle changes with your doctor and you should not discontinue any prescription medications without first consulting your doctor.

Delta Health Coaching maintains the right to refuse service to anyone who is not prepared to take responsibility for their own health or is not a candidate for Delta Health Coaching’s services.

Services Disclaimer

The role of your Health Coach is not to prescribe or assess micro or macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition, or other physical or mental ailments of the human body. Rather, Delta Health Coaching services are available to guide you to reach your own health goals by helping you create and implement positive, sustainable lifestyle changes.

Delta Health Coaching is not a medical organization; our personnel cannot give you medical advice or diagnosis. Nothing provided by Delta Health Coaching is or should be construed as such advice or diagnosis. The information, education, and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. Health-related topics found within any Delta Health Coaching content should not be used for diagnosing purposes or be substituted for medical advice. Delta Health Coaching is not acting in the capacity of a doctor, licensed dietitian-nutritionist, psychologist, or other licensed or registered professionals, and any advice or education provided is not meant to take the place of advice by these professionals. Your use of Delta Health Coaching does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and Delta Health Coaching.

It is your responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information provided by Delta Health Coaching, and to consult with your professional healthcare provider as to whether the information can benefit you. You are urged and advised to seek the advice of a physician before beginning any Health Coaching. Everyone's health and abilities are different, and participating in the lifestyle changes taught by Delta Health Coaching is at your own discretion. Delta Health Coaching assumes no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on or made in reliance on the information, services, or material offered by Delta Health Coaching, even if caused in whole or part by the action, inaction, or negligence of Delta Health Coaching or by the action, inaction, or negligence of others. While Delta Health Coaching makes every reasonable effort to present current and accurate information, no guarantee of any kind is made. Delta Health Coaching is not liable for any damage or loss related to the accuracy, completeness, or timeliness of any information contained provided.

Health Coaching Appointments

Health Coaching appointments are intended to provide support, motivation, and education. We understand that you may have a busy schedule and we do our best to keep appointments brief and focused to make the most of each appointment. The frequency and duration of Health Coach appointments will be determined by Delta Health Coaching based on the needs of each individual customer in an effort to help you see results in your personal health journey.

In an effort to respect both your and the Health Coach’s schedule, we will confirm each of your appointments in advance. If the appointment is not confirmed, there is a chance that the spot will be re-opened for customers on our waiting list. If you need to cancel or reschedule your appointment, we ask that you provide us with a 24-hour notice.

Personal Responsibility and Release of Health Care-Related Claims

You maintain full responsibility for your life and well-being, as well as the lives and well-being of your family and dependants (where applicable), and all decisions made during and after working with Delta Health Coaching. 

You expressly assume the risks of Health Coaching, including the risks of trying new foods, and the risks inherent in making healthy lifestyle changes. Delta Health Coaching is released from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, past, present, or future against Delta Health Coaching and its employees, contractors, and any affiliated organizations, arising from participation in, or otherwise with respect to, Delta Health Coaching services.

Content Disclaimer

"Content" means any work of authorship or information, including without limitation, text, audiovisual materials, graphics, photos, videos, images, trademarks, documents, forms, commentaries, software (including all constituent components, such as source and object code, databases and their components), comments, opinions, testimonials, programs, postings, messages, files, images, photos, e-mail, or other information, data or materials.

All educational content or information provided by Delta Health Coaching is provided for information purposes only and does not constitute a legal contract between Delta Health Coaching and any person or entity unless otherwise specified. Information on Delta Health Coaching websites is subject to change without prior notice. Although every reasonable effort is made to present current and accurate information, Delta Health Coaching makes no guarantees of any kind.

Delta Health Coaching may contain resources and information that are created and maintained by a variety of sources both internal and external to Delta Health Coaching. Delta Health Coaching does not control, monitor, or guarantee the information contained in these sites or information contained in links to other external websites. In no event shall Delta Health Coaching be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.

Affiliated Products and Services

Delta Health Coaching maintains relationships with like-minded individuals and companies in an effort to provide the best services, products, and education to you. Delta Health Coaching does not represent affiliated companies or individuals, nor do affiliated companies or individuals represent Delta Health Coaching. In some cases, Delta Health Coaching may receive monetary compensation from these companies, however, that does not sway our decision when selecting affiliated products, services, and education. Delta Health Coaching will only ever recommend products and services that align with the Triad of Health and have Dr. Howard’s stamp of approval.

Intellectual Property Rights

All Content provided by Delta Health Coaching, including content on the Delta Health Coaching website and associated programs, is the property of Delta Health Coaching and its licensors.

Delta Health Coaching hereby grants you a limited, revocable, non-sublicensable permission to download, view, copy, and print Content from Delta Health Coaching solely for your personal, non-commercial use in connection with using Delta Health Coaching; provided that the foregoing shall not apply to materials, services, or Content that are subject to separate licensing terms or agreements, which instead shall be governed thereby. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying as permitted herein. This Agreement shall not be interpreted as granting any licenses or transferring any rights in any Content except those expressly granted herein. Any rights not expressly granted in the Content are hereby reserved. Except as expressly permitted herein, you may not reproduce, publish, transmit, distribute, display, modify, or create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software. You may not remove or alter any copyright and other proprietary notices from any Content or copies thereof.

The trademarks, logos, and service marks ("Marks") displayed on any Delta Health Coaching site or Content, including "Health Triad", "Triad of Health", and "Health Curve", as well as certain other marks used on the Site, are the registered trademarks of Delta Health Coaching, its parents, subsidiaries, affiliates, and licensors. You are not permitted to use any Marks without the prior written consent of Delta Health Coaching or the applicable mark owner or licensor.

COMMUNICATION AND CONTACT

Communicating with Delta Health Coaching

Your personal Health Coach or Delta Health Coaching representative will provide you with the best contact information to reach them at. Your Health Coach may not be immediately available and if you are unable to reach them we recommend leaving them a message through the contact information they provided.

Consent to Communications

To get the most out of your Delta Health Coaching services, we will send educational, administrative, and marketing content. By using the Delta Health Coaching services, you consent to receive all forms of communications from us, including but not limited to E-Mail, SMS Messaging, Phone Calls, and Letters.

Conditions of SMS Service

The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You will maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You will indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the SMS Service or from you providing us with a phone number that is not your own.

We will not be, and you acknowledge that we will not be, liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service.

Surveys and Questionnaires

In an effort to improve the quality of services Delta Health Coaching offers, we may ask if you would like to voluntarily participate in surveys or complete questionnaires, which may request contact or demographic information from you. We typically use information you provide to us to respond to your needs, or for statistical purposes to allow us to improve our services.

PRIVACY POLICY

Information Automatically Collected and Stored

Delta Health Coaching collects non-personally identifying information that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Delta Health Coaching’s purpose in collecting non-personally identifying information is to better understand how visitors use our website. The information collected is not associated with your name or any other information you voluntarily provide. This information is stored and used for statistical purposes that allow us to improve the quality of this site, and to better fulfill the needs of our users.

Delta Health Coaching also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged-in users and for users interacting with content on Delta Health Coaching’s website. Delta Health Coaching only discloses user information under the same circumstances that it uses and discloses personally-identifying information as described below.

External Source Links

Any links to external websites and/or non-Delta Health Coaching information provided by Delta Health Coaching are provided as a courtesy. They should not be construed as an endorsement by Delta Health Coaching of the content or views of the linked materials.

Personal Information

You do not have to disclose any information that you do not feel comfortable sharing with Delta Health Coaching, including through the use of Online Courses or Health Coaching. However, you may find your progress improves with open and honest communication.

Delta Health Coaching may share the results and success you have seen with Delta Health Coaching if your verbal or written permission is provided. Success stories posted by users or Delta Health Coaching may not represent typical results obtained from any particular Health Coaching program. To the extent permitted by applicable law, Delta Health Coaching has no and assumes no obligation or liability associated with the accuracy, reliability, or effectiveness of any Health Coaching recommendation contained in any success stories published by users or by Delta Health Coaching.

By using Delta Health Coaching services, you consent to the disclosure of the information you provide and as may be gathered through the Health Coaching process to Delta Health Coaching, including your: full name, date of birth, height, weight, email address, and any other information that is inputted manually, imported via mobile app or via linked device (i.e. Apple Watch, Apple Health, Samsung Health, Google Fit, etc.). This information may be used by Delta Health Coaching to evaluate the use of the Application and make enhancements to the customer experience.

Delta Health Coaching is intended to provide you with information to encourage you to support your health journey. Some of Delta Health Coaching's programs may be aimed at tracking your health-related activities. When enabled, these Activity Tracking Services rely on sensors and/or GPS functionality that track your movement or body at rest. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity, but may not be completely accurate, including with respect to step, sleep, speed, distance, or calorie data. By using Activity Tracking Services, you acknowledge and agree that Delta Health Coaching is not responsible or liable for any inaccuracy in such data.

Delta Health Coaching discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on Delta Health Coaching’s behalf or to provide services available to you, and (ii) that have agreed not to disclose it to others. Delta Health Coaching will not rent or sell potentially personally-identifying and personally-identifying information to anyone other than to its employees, contractors, and affiliated organizations, as described above. Delta Health Coaching discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order, or other governmental requests, or when Delta Health Coaching believes in good faith that disclosure is reasonably necessary to protect the property or rights of Delta Health Coaching, third parties, or the public at large.

Delta Health Coaching may use demographic information that does not personally identify you and/or information you voluntarily provide, to improve the features of the site or for general statistical purposes.

BILLING AND PAYMENTS

Frequency of Payments

The range and frequency of payments, including automatic and recurring payments, will be provided to you in writing, electronically, or described to you by the Delta Health Coaching representative. Automatic recurring payments will be made every month with a monthly renewal of your subscription on a recurring basis. After the initial agreement of payment, you may receive advance notice of each payment or post-payment confirmation, however, neither form of communication is guaranteed.

Automatic Recurring Payment Failure

If your automatic recurring payment is declined, you will be contacted by phone, email, or text. Delta Health Coaching reserves the right to permanently restrict your ability to use a certain payment method. In the event that any payment is not made and you do not make a payment by the end of your billing cycle, your service may be suspended or canceled.

Non-Refundable

Your monthly payment is not determined by your use of Delta Health Coaching Services and will be deducted whether or not you participate in Delta Health Coaching services, including Health Coaching, during that billing cycle. All payments are non-refundable once they are made. For the best results in your health journey, we recommend actively participating in all Delta Health Coaching Services available to you.

Cancellation of Delta Health Coaching Services

You have the right to withdraw your participation with Delta Health Coaching at any time. To cancel your membership or automatic recurring payment, call Delta Health Coaching or visit DeltaHealthCoaching.com. Your request to cancel may take up to 24 hours to take effect.

AGREEMENT

Intending to be legally bound, you agree to the following:

1. Enforceability. For enforcement purposes, the provisions of this Agreement are severable. If a provision is unenforceable then it is severed from the remainder of this Agreement and the remainder of the Agreement continues to be enforceable. 

2. Amendments. No amendment or termination of this Agreement is binding unless it is in writing and has been signed by an authorized person of the Company. 

3. Governing Law. This Agreement will be interpreted under and governed by the State laws of Utah as applies to the agreement that is made and performed within the State.

By proceeding with and signing up for Delta Health Coaching services, you hereby agree to the terms and conditions set forth above and agree that you are the party, or legally represent the party, to be bound.