SmithWorks Inc. (SWI)

Student Services and Program Agreement

 

Page 2 of 7

Continued From Page 1

 

(3)  PAYMENT

The Program fees (“Fees”) are $2,997.99. Any and all Fees for Services provided pursuant to this Agreement will, unless otherwise expressly agreed upon by the Parties in one or more duly executed Addendums, be due and payable at the beginning of the recommended Program. Company provides an in-house financing option of four equal monthly payments in the amount of $749.99 which requires Student to sign and agree to its terms in the attached document, Credit Card Authorization Form. The Addendums shall be separately signed by each Party. This Agreement and the Addendums will not be binding and effective unless all Addendums, Exhibits, and the Agreement are signed.

(4)  STUDENT COOPERATION

This Agreement contemplates full Student cooperation in the course of the Program. This cooperation includes Student’s agreement to remain active in the recommended Program for the recommended visits/months. The Student recognizes that compliance with the recommended Program and the Program’s schedule is important and the Student agrees to follow the Program plan agreed upon. Student agrees to follow the dietary guidelines including the initial detoxification protocol, to follow the nutraceutical protocols, as well as any fitness or exercise suggestions outlined by Company. The Student understands that lack of cooperation, failure to keep appointments, failure to follow exercise and other suggestions, or engaging in activities identified by the Company as potentially harmful to the body may necessitate additional care to those otherwise provided for in this Agreement and/or Addendums hereto.

(5) PRIVACY

Communications. Company may communicate with Student over phone, email, or over videoconferencing technology. Anticipated benefits include improved access to Company and allows for Company and Student to communicate while in different physical locations. Potential risks include gaps of failures in communication, complicating Company’s suggestions and advice, notwithstanding reasonable efforts to ensure the quality and reliability of transmitted information. There may be limitations to image quality or other electronic problems that are beyond the control of Company. Despite reasonable security measures, online communications can be forwarded, intercepted, or even changed or falsified without either Party’s knowledge. In addition, the information transmitted to Company may be insufficient for Company to provide proper suggestions and advice. Alternatives to using electronic communications include an in-person appointment with a licensed healthcare professional in Student ’s area.

Group Sessions, Postings, or Appointments. Further, Company may engage or have participants in a group session or appointments. These sessions or appointments are beneficial because they use a group session format that allows participants to discuss their own journeys and allow others to benefit from hearing from others and hearing advice given to those participants. Student agrees that any information disclosed by another participant or participants during one of these sessions is confidential and Student agrees not to disclose this information. Student also agrees not to directly message or contact other Student(s) of Company without first receiving permission from Student’s Health Coach. Student agrees that Company will be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief, and expedited discovery for the purpose of seeking relief, in order to prevent or to restrain any such breach of this clause and Student agrees to waive any requirement for the securing or posting of any bond in connection with such remedies. Company will be entitled to recover its costs incurred in connection with enforcing this clause, including reasonable attorneys’ fees and expenses, if it prevails in obtaining permanent injunctive relief. In addition, if Student chooses to disclose personal or private information about Student, Student understands and acknowledges that this information is not protected by HIPAA or any other federal, state, or local law and that Student does so at Student’s own risk.

PLEASE READ THIS DOCUMENT FULLY.

PLEASE DO NOT SIGN THIS AGREEMENT BEFORE YOU HAVE READ IT COMPLETELY.

Student Signature and Email

I, the Student to this Agreement, understand and acknowledge the above information regarding payment, student cooperation, and privacy. I also acknowledge that I understand this and consent to participate in the Program. I understand this is Page Two of this Agreement and there are seven pages to this Agreement.

I HAVE CAREFULLY READ THIS AGREEMENT AND ACKNOWLEDGE THAT I UNDERSTAND IT.

By using your electronic signature, you, the Student, acknowledge and agree that it carries the same legal weight and validity as your handwritten signature. It serves as your authentic and binding endorsement and agreement on this electronic document, just as if you had physically signed this Agreement with pen and paper.

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