
ACKNOWLEDGMENT AND ACCEPTANCE
BY SIGNING THIS AGREEMENT, ACCESSING OUR SERVICES, OR PARTICIPATING IN ANY COACHING PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN.
1. DEFINITIONS
1.1 "Services" means all health coaching, wellness guidance, educational materials, assessments, protocols, programs, consultations, and related offerings provided by Ecosystem Health.
1.2 "Materials" means all proprietary content including but not limited to documents, guides, protocols, recipes, assessments, videos, audio recordings, worksheets, and methodologies.
1.3 "Session" means any scheduled interaction between Coach and Client, whether in-person, virtual, telephonic, or asynchronous.
1.4 "Health Information" means any personal health data, medical history, lifestyle information, or wellness-related details shared by Client.
2. NATURE OF SERVICES AND SCOPE OF PRACTICE
2.1 Educational Purpose
All Services provided by Ecosystem Health are strictly educational, informational, and motivational in nature. Our role is limited to providing wellness coaching, lifestyle guidance, and educational support.
2.2 Not Medical Services
Coach is NOT:
-
A licensed physician, medical doctor, or healthcare provider
-
A psychiatrist, psychologist, licensed therapist, or mental health professional
-
A registered dietitian or licensed nutritionist
-
A pharmacist or medical prescriber
-
Any other licensed healthcare professional (unless explicitly operating under separate professional license with written disclosure)
2.3 No Professional Relationship
No physician-patient, therapist-client, dietitian-client, or any other licensed professional-client relationship is created through these Services. Coach does not and cannot:
-
Diagnose, treat, cure, or prevent any disease, illness, or medical condition
-
Prescribe medications, supplements, or medical treatments
-
Provide psychotherapy or mental health treatment
-
Create medical treatment plans or nutritional prescriptions
-
Interpret laboratory results, imaging studies, or diagnostic tests
-
Provide emergency medical services
2.4 Scope of Coaching
Coaching Services may include:
-
Lifestyle and wellness education
-
Goal-setting and accountability support
-
Environmental health awareness
-
Holistic wellness perspectives
-
Motivation and behavior change strategies
-
Information sharing regarding general wellness topics
3. MEDICAL DISCLAIMER AND WAIVER
3.1 No Substitute for Medical Care
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COACHING SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR CARE. You understand that Coach cannot and does not provide medical advice.
3.2 Duty to Consult Healthcare Providers
You agree to:
-
Consult with your physician or qualified healthcare provider before beginning any new wellness program, dietary change, exercise regimen, supplement protocol, or lifestyle modification
-
Inform your healthcare providers of any coaching recommendations you intend to implement
-
Seek immediate medical attention for any medical emergency or urgent health concern
-
Continue all prescribed medical treatments unless modified by your licensed healthcare provider
-
Disclose to Coach any medical conditions, medications, or health concerns that may affect your participation in coaching
3.3 Medical Emergencies
Coach is not equipped to handle medical emergencies. In case of emergency, you agree to contact emergency services (911 in the United States) or visit the nearest emergency facility. DO NOT contact Coach for emergency medical assistance.
4. ASSUMPTION OF RISK AND PERSONAL RESPONSIBILITY
4.1 Voluntary Participation
You voluntarily choose to participate in Coaching Services with full knowledge that such Services are not medical care. You assume full responsibility for your participation.
4.2 Personal Health Decisions
You acknowledge that:
-
You are solely responsible for all decisions regarding your health, wellness, and lifestyle
-
Any implementation of coaching recommendations is at your own discretion and risk
-
You will use reasonable judgment in applying any information or protocols
-
You will discontinue any practice that causes discomfort, adverse reactions, or health concerns
-
You maintain ultimate authority over your own body and health decisions
4.3 Known Risks
You understand that wellness activities may carry inherent risks including but not limited to:
-
Physical injury or strain from exercise or movement practices
-
Adverse reactions to dietary changes or supplements
-
Emotional discomfort during self-reflection or behavior change
-
Allergic reactions or sensitivities to recommended products
-
Exacerbation of pre-existing medical or mental health conditions
-
Unforeseen complications from lifestyle modifications
4.4 Assumption of All Risks
YOU EXPRESSLY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH PARTICIPATION IN COACHING SERVICES, INCLUDING ANY RISKS ARISING FROM COACH'S NEGLIGENCE.
5. NO GUARANTEES OR WARRANTIES
5.1 No Outcome Guarantees
Coach makes NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES regarding:
-
Specific health outcomes or results
-
Weight loss or physical changes
-
Symptom improvement or resolution
-
Achievement of wellness goals
-
Time frame for any changes or improvements
-
Success of any protocol or recommendation
5.2 Individual Variability
You acknowledge that individual responses to wellness interventions vary widely based on genetics, environment, compliance, medical history, and numerous other factors beyond Coach's control.
5.3 No Warranties
ALL SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
6. INFORMATION ACCURACY AND UPDATES
6.1 Best Efforts
Coach strives to provide accurate, evidence-informed, and current information but makes no guarantees regarding:
-
Completeness of information
-
Current relevance or accuracy
-
Absence of errors or omissions
-
Applicability to your individual circumstances
6.2 Information Changes
Wellness science evolves continuously. Information provided during coaching may become outdated. Coach is not obligated to:
-
Update previously provided materials
-
Notify you of new research or changed recommendations
-
Correct or supplement prior communications
6.3 Third-Party Information
Coach may reference or recommend third-party resources. Coach is not responsible for the accuracy, safety, legality, or appropriateness of any third-party content, products, or services.
7. LIMITATION OF LIABILITY AND INDEMNIFICATION
7.1 Maximum Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ECOSYSTEM HEALTH AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
-
Direct, indirect, incidental, special, consequential, or punitive damages
-
Personal injury, illness, or death
-
Medical expenses or treatment costs
-
Lost wages or economic losses
-
Emotional distress or mental anguish
-
Loss of data or business interruption
-
Any other damages or losses of any kind
This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if Coach has been advised of the possibility of such damages.
7.2 Aggregate Liability Cap
In no event shall Coach's total aggregate liability exceed the total amount actually paid by Client to Coach for Services in the twelve (12) months preceding the claim.
7.3 Client Indemnification
You agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS Ecosystem Health and its owners, employees, contractors, agents, and representatives from and against any and all claims, demands, losses, damages, costs, expenses (including reasonable attorneys' fees), and liabilities arising from or related to:
-
Your use or misuse of Services or Materials
-
Your breach of this Agreement
-
Your violation of any law or third-party rights
-
Any health outcomes or injuries you experience
-
Your negligence or willful misconduct
-
Any false or misleading information you provide
8. CONFIDENTIALITY AND PRIVACY
8.1 Confidential Information
Coach agrees to maintain confidentiality of all Health Information and personal details you share during coaching sessions, subject to the exceptions below.
8.2 Exceptions to Confidentiality
Confidentiality does not apply when:
-
Disclosure is required by law, court order, or legal process
-
Coach reasonably believes there is imminent risk of harm to you or others
-
You have provided explicit written consent for disclosure
-
Information is disclosed to Coach's professional consultants or supervisors under confidentiality obligations
-
Coach must defend against legal claims you bring
-
Disclosure is necessary to prevent criminal activity
8.3 Mandatory Reporting
Coach may be required by law to report:
-
Suspected child abuse or neglect
-
Suspected elder or dependent adult abuse
-
Threats of imminent harm to self or others
-
Other circumstances required by applicable law
8.4 Data Security
While Coach implements reasonable security measures, Coach cannot guarantee absolute security of electronic communications or stored data. You acknowledge the inherent risks in electronic transmission of information.
8.5 HIPAA
Coach is not a HIPAA-covered entity. Health information you share is not protected by HIPAA privacy regulations, though Coach maintains professional confidentiality standards.
9. INTELLECTUAL PROPERTY PROTECTION
9.1 Ownership
All Materials, methodologies, protocols, tools, assessments, and content provided by Ecosystem Health are proprietary and remain the exclusive intellectual property of Ecosystem Health. This includes copyrights, trademarks, trade secrets, and all other intellectual property rights.
9.2 Limited License
You are granted a limited, non-exclusive, non-transferable, revocable license to use Materials solely for your personal wellness purposes. This license terminates upon completion of coaching services or earlier termination of this Agreement.
9.3 Restrictions on Use
You expressly agree NOT to:
-
Reproduce, copy, duplicate, or replicate Materials in whole or in part
-
Distribute, share, publish, or disseminate Materials to any third party
-
Post Materials on websites, social media, forums, or public platforms
-
Use Materials for commercial purposes or monetary gain
-
Reverse engineer, modify, or create derivative works from Materials
-
Remove copyright notices, trademarks, or proprietary designations
-
Teach, train, or coach others using Coach's proprietary methods without written license
-
Store Materials in shared drives or cloud systems accessible to others
9.4 Enforcement
Unauthorized use of Materials constitutes:
-
Breach of this Agreement
-
Infringement of intellectual property rights
-
Potential grounds for legal action including injunctive relief and monetary damages
10. NON-DISCLOSURE AGREEMENT
10.1 Confidential Business Information
You acknowledge that Coach's business methods, client protocols, pricing structures, marketing strategies, and operational procedures constitute confidential business information.
10.2 Non-Disclosure Obligation
You agree to:
-
Maintain strict confidentiality of all proprietary business information
-
Not disclose coaching methods or protocols to other coaches or competitors
-
Not use confidential information to establish a competing business
-
Not disparage or make negative public statements about Coach or Services
10.3 Duration
Non-disclosure obligations survive termination of this Agreement and continue for five (5) years thereafter or for as long as the information remains proprietary and confidential.
11. CLIENT RESPONSIBILITIES AND OBLIGATIONS
11.1 Accurate Information
You agree to:
-
Provide complete, accurate, and truthful information about your health, medical history, and circumstances
-
Promptly update Coach about changes in your health status, medications, or medical care
-
Disclose any conditions that may affect your safe participation in coaching
-
Not withhold material information that could impact coaching recommendations
11.2 Communication
You agree to:
-
Communicate openly and honestly with Coach
-
Ask questions when clarification is needed
-
Notify Coach promptly of any adverse reactions or concerns
-
Maintain professional communication standards
-
Respond to Coach's communications within reasonable timeframes
11.3 Compliance and Attendance
You agree to:
-
Attend scheduled Sessions or provide adequate cancellation notice
-
Complete assigned activities and practices between sessions
-
Follow cancellation policies and fee schedules
-
Respect Coach's time and boundaries
11.4 Prohibited Conduct
You agree NOT to:
-
Harass, threaten, or behave inappropriately toward Coach
-
Make unreasonable demands or expect 24/7 availability
-
Seek medical advice or emergency assistance from Coach
-
Misrepresent Coach's qualifications or statements
-
Record Sessions without express written consent
-
Engage in any illegal or unethical conduct
12. PAYMENT TERMS AND POLICIES
12.1 Fees
Client agrees to pay all fees according to the payment schedule provided at enrollment. Fees are:
-
Due in full at time of service or according to agreed payment plan
-
Non-refundable except as explicitly stated in refund policy
-
Subject to late fees or interest charges if not paid when due
12.2 Cancellation Policy
Cancellations must be made at least [INSERT HOURS: e.g., 24/48] hours in advance. Late cancellations or no-shows may result in forfeiture of session fees.
12.3 Refund Policy
Services are non-refundable once rendered" or "Refunds available within 7 days of purchase for unused services
12.4 Collection Costs
If Coach must pursue collection of unpaid fees, you agree to pay all collection costs including reasonable attorneys' fees.
13. TERMINATION
13.1 Termination by Either Party
Either party may terminate this Agreement with written notice. Termination does not relieve Client of payment obligations for Services already rendered.
13.2 Termination by Coach
Coach reserves the right to terminate immediately if Client:
-
Breaches this Agreement
-
Engages in prohibited conduct
-
Requires medical services beyond Coach's scope
-
Fails to make required payments
-
Misuses Materials or violates intellectual property rights
13.3 Effect of Termination
Upon termination:
-
All outstanding fees become immediately due
-
Client's license to use Materials is revoked
-
Confidentiality and non-disclosure obligations survive
-
Limitation of liability provisions survive
-
Client must return or destroy all Materials
14. DISPUTE RESOLUTION
14.1 Informal Resolution
Prior to initiating formal proceedings, parties agree to attempt good-faith informal resolution of disputes.
14.2 Mediation
If informal resolution fails, parties agree to participate in mediation before pursuing litigation. Mediation costs shall be shared equally.
14.3 Arbitration (OPTIONAL - insert if desired)
[Any dispute shall be resolved through binding arbitration in accordance with rules of the American Arbitration Association. Arbitration shall occur in [YOUR LOCATION]. The arbitrator's decision shall be final and binding.]
14.4 Governing Law
This Agreement shall be governed by the laws of Massachusetts, without regard to conflict of law principles.
14.5 Venue
Any litigation shall be brought exclusively in courts located in Massachusetts.
14.6 Waiver of Class Actions
You waive any right to pursue claims on a class-wide or representative basis and agree to pursue claims individually only.
15. GENERAL PROVISIONS
15.1 Entire Agreement
This Agreement constitutes the entire agreement between parties and supersedes all prior discussions, representations, or agreements.
15.2 Amendments
Coach reserves the right to modify this Agreement at any time. Continued use of Services after modifications constitutes acceptance. Material changes will be communicated with reasonable notice.
15.3 Severability
If any provision is found invalid or unenforceable, the remaining provisions remain in full effect. Invalid provisions shall be modified to the minimum extent necessary to make them enforceable.
15.4 Waiver
Failure to enforce any provision does not constitute waiver of that provision or any other provision.
15.5 Assignment
You may not assign or transfer this Agreement. Coach may assign this Agreement to any successor entity.
15.6 Notices
All notices must be in writing and delivered via email or certified mail to the addresses provided by each party.
15.7 Headings
Section headings are for convenience only and do not affect interpretation.
15.8 Survival
Provisions regarding liability limitation, indemnification, confidentiality, intellectual property, and dispute resolution survive termination.
15.9 Force Majeure
Coach is not liable for failure to perform due to circumstances beyond reasonable control including natural disasters, pandemics, government actions, or technical failures.
15.10 Independent Contractor
Coach is an independent contractor. No partnership, employment, or agency relationship is created.
16. ENVIRONMENTAL ASSESSMENTS AND PROPERTY EVALUATIONS
16.1 Nature of Environmental Assessments
Ecosystem Health may provide informal environmental assessments or property evaluations regarding potential environmental health concerns including but not limited to mold, moisture, air quality, pesticides, electromagnetic fields (EMF), water quality, or other environmental factors (collectively "Environmental Assessments"). These assessments are:
-
Educational observations only, NOT professional inspections
-
Based on visual observation and general wellness principles
-
Informal consultations, NOT certified testing or analysis
-
Supplementary to professional environmental services
16.2 NOT Licensed Environmental Services
YOU EXPRESSLY ACKNOWLEDGE that Coach is NOT:
-
A licensed home inspector, building inspector, or property inspector
-
A certified mold inspector, mold remediator, or industrial hygienist
-
A licensed environmental engineer or environmental consultant
-
A certified indoor air quality specialist
-
A licensed pest control operator or pesticide applicator
-
A water quality specialist or certified water testing laboratory
-
A structural engineer, contractor, or building professional
-
An EMF engineer or certified EMF consultant
-
Any other licensed environmental, construction, or property assessment professional
16.3 No Professional Environmental Relationship
No inspector-client, engineer-client, or professional environmental services relationship is created through Environmental Assessments. Environmental Assessments are conducted solely from a wellness education perspective.
16.4 Limitations of Environmental Assessments
Environmental Assessments provided by Coach:
-
Are NOT comprehensive, exhaustive, or scientifically definitive
-
Do NOT include laboratory testing, air sampling, or material analysis unless performed by licensed third parties
-
Do NOT involve destructive testing, invasive inspection, or equipment-based measurements
-
Are based on limited visual observation during a brief time period
-
May miss hidden, concealed, or inaccessible environmental issues
-
Do NOT assess structural integrity, building code compliance, or safety systems
-
Are NOT suitable for real estate transactions, litigation, insurance claims, or regulatory compliance
-
Do NOT constitute proof or documentation of environmental hazards or property conditions
16.5 Mandatory Professional Inspections
YOU AGREE AND ACKNOWLEDGE that Environmental Assessments are NOT a substitute for professional services. You MUST:
-
Hire licensed, certified environmental professionals for comprehensive assessments
-
Obtain certified mold inspection and testing from qualified industrial hygienists or certified mold inspectors
-
Engage licensed home inspectors for property purchase or sale decisions
-
Retain qualified contractors for remediation or construction work
-
Obtain laboratory testing for water quality, air quality, or material identification
-
Consult licensed professionals for structural, electrical, plumbing, or HVAC concerns
-
Comply with all local, state, and federal regulations regarding environmental hazards
-
Verify all observations through independent professional evaluation before taking action
16.6 No Guarantees or Representations Regarding Property
Coach makes NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS regarding:
-
The presence or absence of mold, moisture, pests, pesticides, or other contaminants
-
The safety, habitability, or healthfulness of any property
-
The severity, extent, or health impact of any observed conditions
-
The cost, feasibility, or effectiveness of remediation measures
-
Compliance with building codes, regulations, or industry standards
-
Property value, marketability, or fitness for intended use
-
Hidden or latent defects not visible during assessment
-
Future development of environmental problems
16.7 Assumption of Risk - Environmental Assessments
YOU EXPRESSLY ASSUME ALL RISKS associated with:
-
Relying on informal Environmental Assessments instead of licensed professional inspections
-
Exposure to environmental hazards during or after assessments
-
Property damage or personal injury resulting from environmental conditions
-
Financial losses from undiscovered or mischaracterized environmental issues
-
Delayed discovery of serious environmental hazards
-
Implementation of recommendations without professional verification
16.8 Environmental Assessment Liability Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE, AND FOREVER DISCHARGE Ecosystem Health from ANY AND ALL LIABILITY arising from or related to:
-
Environmental Assessments and any observations, opinions, or recommendations provided
-
Failure to discover or identify environmental hazards, defects, or unsafe conditions
-
Inaccurate, incomplete, or mistaken observations or assessments
-
Property damage, personal injury, illness, or death resulting from environmental conditions
-
Financial losses including property devaluation, remediation costs, or relocation expenses
-
Reliance on Environmental Assessments for property transactions or major decisions
-
Actions taken or not taken based on Environmental Assessment information
This waiver applies regardless of Coach's negligence or fault, and even if environmental hazards cause serious injury, illness, or property damage.
16.9 Third-Party Property Access
If Environmental Assessment involves property you do not own:
-
You represent you have authorization from the property owner to grant Coach access
-
You agree to indemnify Coach for any claims arising from unauthorized property access
-
You acknowledge Coach is not responsible for verifying your authorization
-
Property owner must consent to this Agreement's terms or sign separate acknowledgment
16.10 No Regulatory Compliance Assessment
Environmental Assessments do NOT:
-
Assess compliance with EPA, OSHA, HUD, or other regulatory standards
-
Determine violations of environmental laws or building codes
-
Provide documentation suitable for regulatory reporting or legal proceedings
-
Meet requirements for real estate disclosures or due diligence
-
Satisfy insurance company or lending institution inspection requirements
16.11 Report Limitations
Any written observations or reports provided:
-
Are informal educational documents, NOT official inspection reports
-
Cannot be used for legal, insurance, real estate, or regulatory purposes
-
May not be shared with third parties without Coach's written consent
-
Are valid only for the date of assessment; conditions may change rapidly
-
Reflect only areas accessible and visible during the assessment
16.12 Immediate Professional Consultation Required
If Environmental Assessment suggests potential health or safety hazards, YOU AGREE TO:
-
Immediately contact licensed environmental professionals for comprehensive evaluation
-
Not rely solely on Coach's observations for health or safety decisions
-
Take appropriate precautions to protect occupants until professional evaluation is complete
-
Not delay professional inspection based on Coach's informal observations
16.13 Separate Fee Structure
Environmental Assessments may be subject to separate fees and scheduling. Payment does not establish a professional inspection service relationship.
16.14 Client Acknowledgment - Environmental Services
By requesting Environmental Assessment services, you specifically acknowledge:
-
✓ You understand Coach is NOT a licensed environmental professional
-
✓ You understand Environmental Assessments are informal and educational only
-
✓ You will hire licensed professionals for comprehensive inspections
-
✓ You will not rely on Environmental Assessments for property transactions, litigation, or regulatory matters
-
✓ You assume all risks of undetected or mischaracterized environmental hazards
-
✓ You release Coach from liability for environmental conditions and related damages
-
✓ You understand laboratory testing is required for definitive identification of contaminants
-
✓ You will verify all observations through independent professional sources
17. PROFESSIONAL CREDENTIALS DISCLOSURE
16.1 Nature of Environmental Assessments
Ecosystem Health may provide informal environmental assessments or property evaluations regarding potential environmental health concerns including but not limited to mold, moisture, air quality, pesticides, electromagnetic fields (EMF), water quality, or other environmental factors (collectively "Environmental Assessments"). These assessments are:
-
Educational observations only, NOT professional inspections
-
Based on visual observation and general wellness principles
-
Informal consultations, NOT certified testing or analysis
-
Supplementary to professional environmental services
16.2 NOT Licensed Environmental Services
YOU EXPRESSLY ACKNOWLEDGE that Coach is NOT:
-
A licensed home inspector, building inspector, or property inspector
-
A certified mold inspector, mold remediator, or industrial hygienist
-
A licensed environmental engineer or environmental consultant
-
A certified indoor air quality specialist
-
A licensed pest control operator or pesticide applicator
-
A water quality specialist or certified water testing laboratory
-
A structural engineer, contractor, or building professional
-
An EMF engineer or certified EMF consultant
-
Any other licensed environmental, construction, or property assessment professional
16.3 No Professional Environmental Relationship
No inspector-client, engineer-client, or professional environmental services relationship is created through Environmental Assessments. Environmental Assessments are conducted solely from a wellness education perspective.
16.4 Limitations of Environmental Assessments
Environmental Assessments provided by Coach:
-
Are NOT comprehensive, exhaustive, or scientifically definitive
-
Do NOT include laboratory testing, air sampling, or material analysis unless performed by licensed third parties
-
Do NOT involve destructive testing, invasive inspection, or equipment-based measurements
-
Are based on limited visual observation during a brief time period
-
May miss hidden, concealed, or inaccessible environmental issues
-
Do NOT assess structural integrity, building code compliance, or safety systems
-
Are NOT suitable for real estate transactions, litigation, insurance claims, or regulatory compliance
-
Do NOT constitute proof or documentation of environmental hazards or property conditions
16.5 Mandatory Professional Inspections
YOU AGREE AND ACKNOWLEDGE that Environmental Assessments are NOT a substitute for professional services. You MUST:
-
Hire licensed, certified environmental professionals for comprehensive assessments
-
Obtain certified mold inspection and testing from qualified industrial hygienists or certified mold inspectors
-
Engage licensed home inspectors for property purchase or sale decisions
-
Retain qualified contractors for remediation or construction work
-
Obtain laboratory testing for water quality, air quality, or material identification
-
Consult licensed professionals for structural, electrical, plumbing, or HVAC concerns
-
Comply with all local, state, and federal regulations regarding environmental hazards
-
Verify all observations through independent professional evaluation before taking action
16.6 No Guarantees or Representations Regarding Property
Coach makes NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS regarding:
-
The presence or absence of mold, moisture, pests, pesticides, or other contaminants
-
The safety, habitability, or healthfulness of any property
-
The severity, extent, or health impact of any observed conditions
-
The cost, feasibility, or effectiveness of remediation measures
-
Compliance with building codes, regulations, or industry standards
-
Property value, marketability, or fitness for intended use
-
Hidden or latent defects not visible during assessment
-
Future development of environmental problems
16.7 Assumption of Risk - Environmental Assessments
YOU EXPRESSLY ASSUME ALL RISKS associated with:
-
Relying on informal Environmental Assessments instead of licensed professional inspections
-
Exposure to environmental hazards during or after assessments
-
Property damage or personal injury resulting from environmental conditions
-
Financial losses from undiscovered or mischaracterized environmental issues
-
Delayed discovery of serious environmental hazards
-
Implementation of recommendations without professional verification
16.8 Environmental Assessment Liability Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE, AND FOREVER DISCHARGE Ecosystem Health from ANY AND ALL LIABILITY arising from or related to:
-
Environmental Assessments and any observations, opinions, or recommendations provided
-
Failure to discover or identify environmental hazards, defects, or unsafe conditions
-
Inaccurate, incomplete, or mistaken observations or assessments
-
Property damage, personal injury, illness, or death resulting from environmental conditions
-
Financial losses including property devaluation, remediation costs, or relocation expenses
-
Reliance on Environmental Assessments for property transactions or major decisions
-
Actions taken or not taken based on Environmental Assessment information
This waiver applies regardless of Coach's negligence or fault, and even if environmental hazards cause serious injury, illness, or property damage.
16.9 Third-Party Property Access
If Environmental Assessment involves property you do not own:
-
You represent you have authorization from the property owner to grant Coach access
-
You agree to indemnify Coach for any claims arising from unauthorized property access
-
You acknowledge Coach is not responsible for verifying your authorization
-
Property owner must consent to this Agreement's terms or sign separate acknowledgment
16.10 No Regulatory Compliance Assessment
Environmental Assessments do NOT:
-
Assess compliance with EPA, OSHA, HUD, or other regulatory standards
-
Determine violations of environmental laws or building codes
-
Provide documentation suitable for regulatory reporting or legal proceedings
-
Meet requirements for real estate disclosures or due diligence
-
Satisfy insurance company or lending institution inspection requirements
16.11 Report Limitations
Any written observations or reports provided:
-
Are informal educational documents, NOT official inspection reports
-
Cannot be used for legal, insurance, real estate, or regulatory purposes
-
May not be shared with third parties without Coach's written consent
-
Are valid only for the date of assessment; conditions may change rapidly
-
Reflect only areas accessible and visible during the assessment
16.12 Immediate Professional Consultation Required
If Environmental Assessment suggests potential health or safety hazards, YOU AGREE TO:
-
Immediately contact licensed environmental professionals for comprehensive evaluation
-
Not rely solely on Coach's observations for health or safety decisions
-
Take appropriate precautions to protect occupants until professional evaluation is complete
-
Not delay professional inspection based on Coach's informal observations
16.13 Separate Fee Structure
Environmental Assessments may be subject to separate fees and scheduling. Payment does not establish a professional inspection service relationship.
16.14 Client Acknowledgment - Environmental Services
By requesting Environmental Assessment services, you specifically acknowledge:
-
✓ You understand Coach is NOT a licensed environmental professional
-
✓ You understand Environmental Assessments are informal and educational only
-
✓ You will hire licensed professionals for comprehensive inspections
-
✓ You will not rely on Environmental Assessments for property transactions, litigation, or regulatory matters
-
✓ You assume all risks of undetected or mischaracterized environmental hazards
-
✓ You release Coach from liability for environmental conditions and related damages
-
✓ You understand laboratory testing is required for definitive identification of contaminants
-
✓ You will verify all observations through independent professional sources
17. PROFESSIONAL CREDENTIALS DISCLOSURE
17.1 Current Credentials
[INSERT: List any relevant certifications, licenses, or credentials held by coaches. Example: "Coach holds certification from [Certifying Body] as a Health Coach. Coach is NOT licensed as a medical professional, therapist, or dietitian."]
17.2 Environmental Assessment Credentials
[INSERT: List any environmental-related certifications if applicable. Example: "Coach has completed training in [Building Biology, Environmental Wellness, etc.] but is NOT a licensed inspector or certified environmental professional."]
17.3 Separate Licensed Practice (if applicable)
If any team member holds professional licenses, services under this Agreement are provided solely in the capacity of health coach unless otherwise specified in writing with separate informed consent.
17. ACKNOWLEDGMENT OF UNDERSTANDING
By signing below, you acknowledge that:
-
✓ You have read this entire Agreement carefully and understand all terms
-
✓ You have had opportunity to ask questions and seek independent legal counsel
-
✓ You understand Coach is NOT a licensed medical professional
-
✓ You understand Services are educational only and not medical care
-
✓ You will consult healthcare providers before implementing recommendations
-
✓ You assume all risks associated with participation
-
✓ You agree to all liability limitations and waivers
-
✓ You will protect Coach's intellectual property and confidential information
-
✓ You understand no outcomes are guaranteed
-
✓ You voluntarily choose to participate in coaching Services