By making a consulting purchase or by checking this box, the Client acknowledges that they have read, understood, and agreed to the terms and conditions of this Consulting Services Agreement.
Parties:
This Consulting Agreement (“Agreement”) made on this day is by and between Client: Detailed Above Under Name (“Client”) and Consultant: In On Around LLC (“Consultant”).
Term:
The term of this Agreement shall commence on the date of payment and terminate no more than sixty (60) days from commencement. Client must schedule consultation within sixty (60) days of purchase.
Retention of Consultant Services:
Subject to the terms and conditions contained in this Agreement, the Client hereby engages Consultant, and Consultant hereby agrees to perform Services (as defined herein) for the Client during the Term of this Agreement.
Consultant is and shall be an independent contractor which, subject to the terms hereof, shall have sole control of the manner and means of performing its obligations under this Agreement. The Consultant shall not have, nor shall the Consultant claim, suggest, or imply that the Consultant has, any right, power, or authority to enter into any contract or obligation on behalf of, or binding upon, the Client, nor shall Consultant represent herself as having any employment position with the Client.
FDA Disclaimer:
The Client acknowledges and agrees that the statements made by Consultant in consulting sessions, written and/or oral communications, reports, and/or any other interaction between Client and Consultant in the context of the Services provided under this Agreement have not been evaluated by the FDA (U.S. Food & Drug Administration). They are not intended to diagnose, treat, cure, or prevent any disease whatsoever.
The information provided by the Consultant should not be used as individual medical advice, nor should it be shared with anyone other than the Client’s doctor, or used by anyone other than the Client. The Client should always consult with their doctor for individual recommendations and treatment. The Client understands that the Consultant is not acting in the capacity of a doctor, psychologist, licensed dietician, licensed nutritionist, or other licensed or registered professional.
Any advice provided by the Consultant is not meant to take the place of advice by these professionals. The Client understands that the role of the Consultant is not to provide health care, medical or nutritional advice. The Consultant cannot diagnose, treat or cure any disease, condition, or other physical or mental ailment.
Client Responsibilities:
The Client should discuss all dietary changes or the usage of potential dietary supplements and health-related items with his/her doctor. The Client should not discontinue any prescription medications without first consulting his/her doctor.
Consulting Modalities:
We offer both email, video, in-person, and manufacturing consulting services.
Services & Pricing – Updated January 2024
Email Consulting Service Pricing
- 1 topic/product reviewed: $30
- 5 topics/products reviewed: $99
- 10 topics/products reviewed: $199
- 15 topics/products reviewed: $299
Video Consulting Service Pricing
- 5 pre-selected topics for $397
- Additional packages available – please discuss with In On Around for additional pricing options.
In-Person or Manufacturing Service Pricing
- Please discuss with In On Around for additional pricing options.
The package selected shall be defined as the “Services”. Services must be selected from Consultant’s website located at https://in-on-around.myshopify.com/ and/or www.inonaround.org/consulting (“Consulting Website”). All video consultations shall be conducted via Zoom, Google Meet, or Skype (“Video Platforms”). In the event Client is unable to attend a consultation via these Video Platforms, Client shall communicate this to Consultant no less than seven (7) business days prior to the scheduled consultation.
Payment Terms
Unless otherwise agreed upon in writing by both parties, Client shall pay all fees for Services immediately upon Service selection from Consulting Website. Client shall have the option to pay using all major credit cards, Shopify, or PayPal in a fully-secured manner.
Refund Policy:
If the Consultant becomes unable to perform the services under this Agreement by reason of illness, disability or death, the program cost will be refunded in full to the Client. Upon purchase of Services, Client will be provided with this Agreement. No refunds will be given if this Agreement is fully executed by both parties.
No Shows & Cancellation Policy:
Upon purchase of Services, it is the Client’s responsibility to schedule a video consultation with the In On Around team within sixty (60) days of program purchase. Subsequent to scheduling, if a scheduling change needs to be made, the Client agrees to notify the Consultant at least forty eight (48) hours in advance of scheduled video consultation. If the Client does not attend the scheduled consultation and makes no attempt to communicate to the Consultant of scheduling change, no refund shall be granted. If Client attempts to reschedule less than forty eight (48) hours in advance of scheduled video consultation, the Consultant will attempt in good faith to reschedule the missed consultation. However, rescheduled consultations cannot be guaranteed, and it is the Client’s responsibility to reschedule at least forty eight (48) hours in advance for a guaranteed reschedule. If there is an emergency, the Client agrees to email the Consultant at [email protected] to discuss any meeting conflicts.
In the unlikely event that the Consultant does not attend a scheduled consultation, the Consultant will reschedule at no additional cost to the Client.
Technical Issues:
In the event that there are Client-related technical difficulties, the Consultant will attempt in good faith to reschedule the missed video consultation. However, rescheduled consultations cannot be guaranteed. In the event that there are Consultant-related technical difficulties, the Consultant will reschedule the missed video consultation at no additional charge to the Client.
The Client is solely responsible for providing and maintaining the compatible equipment necessary to access and use the Video Platforms. Client is solely responsible for access to high-speed internet for purposes of the consultation.
The Consultant shall not be liable for any Client technical problems, system failures and malfunctions, communication issues, equipment or software failures and other similar computer problems and defects.
Limited Liability:
The Consultant makes no representation as to the accuracy of the provided information and makes no guarantees, warranties, or representations of any kind. The Client acknowledges that the Client takes sole responsibility for the Client’s life and well-being.
The Client acknowledges that the program involves a comprehensive process that may involve different areas of his/her life, including work, health, home life, and more. The Client is solely responsible for his/her own well-being, decisions, actions, choices, and results arising out of or resulting from the Services. The Client agrees that the Consultant is not and will not be liable or responsible for any actions or inaction resulting from the program. The Client agrees that the Consultant is not and will not be liable or responsible for any direct or indirect results of the program.
The Client expressly assumes the risks of the consulting program, including the risks of trying new foods or supplements, new lifestyle changes, habit changes, exercise routines, and more.
All opinions provided by the Consultant are their own and not the views of current or previous employers.
Mutual Confidentiality Agreement:
Confidential information relating to the Consultant (the “Consultant Confidential Information”) refers to any data or information relating to the Consultant, whether business or personal, that may be considered private or proprietary. Consultant Confidential Information shall include, without limitation, whether in oral, written, pictorial/graphical form, or obtained by observation, information that is not generally known but is provided to Client, all processes, methods, information or know-how, trade secrets, intellectual property, plans, product information, product lines, improvements, suggestions, recommendations, methods of business operation, any business or financial information, techniques, and where the release of that Consultant Confidential Information could reasonably be expected to cause harm to the Consultant or the Consultant’s business.
Confidential information relating to the Client (the “Client Confidential Information”) refers to any data or information relating to the Client, whether business or personal, that may be considered private or proprietary. When the Client registers for the Consultant’s program, the Client consents to Consultant’s collection of Client’s personal information including but not limited to the Client’s name, email address, mailing address, and any other personal information necessary for the provision of Services and to fulfill the purpose of this Agreement. More information about the Consultant’s website privacy policy can be found at www.inonaround.org/privacypolicy All information collected shall be considered Client Confidential Information.
Client acknowledges and agrees to take all measures necessary to keep the Consultant Confidential Information confidential. Client shall only use the Consultant Confidential Information for personal use, and agrees not to disclose or cause to be disclosed any Consultant Confidential Information to any other party for any reason. Client shall be liable to the Consultant for any disclosure of Consultant Confidential Information.
Client shall not use the trade name or trademarks of Consultant in any news release, publicity, advertising, endorsement, social media posts, or in any other public manner without the prior written approval of the Consultant.
The Client agrees and understands that all video consultations with the Consultant will be recorded for record-keeping, quality assurance, and training purposes. The Client will not reproduce the information provided by the Consultant for any purpose. The Client will not disclose or divulge confidential information pertaining to the Consultant’s program, management, documents, processes, reports, or life in any way, including on social media. The Client will maintain full confidentiality of hereafter and forever of information and materials, whether written, oral or in other forms.
If the Client uses information that could be considered a trade secret or proprietary information of the Consultant, the Consultant shall be entitled to monetary and legal compensation including, but not limited to, the right to claim attorney’s fees and damages to the fullest extent of the law. The obligations of confidentiality will apply at the start of this term and will survive indefinitely upon termination of this Agreement.
The Consultant will keep the Client’s information private, and will not share the Client’s Confidential Information with any third party unless compelled to by law enforcement agencies or disclosed in this agreement. The Client acknowledges and agrees not to send Consultant any confidential information via email, forms, or other messaging systems, including but not limited to medical information, account numbers, and private identification.
Affiliate Disclosure:
In compliance with Federal Trade Commission (FTC) guidelines, please assume the following about all links, posts, photos, and other material on the Consultant’s website and materials: Many of the links provided by the Consultant are affiliate links of which the Consultant receives a small commission from sales of certain products.
Testimonial Release:
The Client grants the Consultant, its representatives and employees, the right to use the Client’s photo, first name and last initial in various marketing initiatives. The Client understands that this information may be used in various mediums for such purposes as publicity, illustration, advertising, social media and Web content. The Client waives any right to inspect or approve the finished product, including written copy. The Client agrees that they will make no monetary or other claim against the Consultant for the use of the Client’s name, photograph, and testimonial.
Photography and Video Release:
The Client hereby agrees to grant the Consultant full use of all submitted photos and videos, including for marketing and promotional purposes. The Consultant reserves all rights to use submitted photos and videos provided by the Client at no additional cost. The Client grants the Consultant unlimited, non-exclusive rights to use or reproduce the photographs and videos.
The Client understands that the Consultant uses third party information, photo and video collection services, such as Google Suite, Jotform, email providers and more.
Storage Of Information:
If desired, the Consultant has the right to delete all submitted information, photos & videos from the Client within 15 days of the completion of the program. Consultant may also keep any information, photos and videos as desired for an indefinite period of time.
Entire Agreement:
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
Governing Law:
This Agreement shall be construed in accordance with and governed by the laws of the State of New York.
Dispute Resolution:
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Consultant agree to attempt to mediate informally for up to 30 days. If the dispute is not resolved in good faith, and in the event of legal action, the parties agree to submit to binding arbitration. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the program fee. No other award or other damages may be granted to the Client.
Agree To Terms & Conditions
By clicking “agree to terms & conditions” in the cart checkbox, the Client acknowledges that: (1) he/she has thoroughly read through this Agreement and additional website terms & conditions, privacy policy & affiliate disclosure; (2) he/she has had an opportunity to discuss the contents with the Consultant, if needed, and, if desired, to have it reviewed by an attorney; and (3) the client understands, accepts and agrees to abide by the terms hereof.
By making a consulting purchase or by checking this box, the Client acknowledges that they have read, understood, and agreed to the terms and conditions of this Consulting Services Agreement.
