The Beverly Yates Agreement (“Agreement”) is made between Beverly Yates, President of BAY Digital Systems Inc., and the undersigned individual (“You”). Beverly Yates and You each acknowledge and agree to and accept the following terms and conditions:
In order to best serve You, the Client Acceptance Policy should be carefully reviewed. It is
Beverly Yates’s opinion that You should be well informed on our expectations and clinical
procedures. To prevent any misunderstandings or confusion on what to expect, Beverly Yates would appreciate that You read the below steps and provide Your signature. This
will attest to the fact that You have read the Client Health Coaching Agreement and understand what is expected of You, as well as what to expect from working with Beverly Yates.
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Program Participation and Services: By signing this Agreement, You will become a member of the Beverly Yates Program (“Program”) wherein Beverly Yates will provide You with one Diurnal Cortisol functional medicine Adrenal Stress Response lab test, a 45-minute call to review Your lab test results and a supplement plan (supplements not included) based on Your lab results, symptoms and health goals.
Authorization of health coaching/consulting. Upon signing this agreement, I hereby authorize health, mindset, lifestyle, and nutritional consultations for myself by Beverly Yates. You agree You are seeking the health coaching and consultation services of Beverly Yates, employees and staff.
You understand that Beverly Yates uses some recommendations that may be considered holistic, complementary or alternative. Some of these methods have not been accepted by mainstream medicine. You understand that the principles of this practice are based on Naturopathic Medicine or Functional Medicine, health systems, in which we believe that the body has an inherent ability to heal itself given the right tools. Not all treatment modalities provided by Beverly Yates are based on scientific evidence. In no way is Beverly Yates asserting or implying holding herself out to be a Medical Doctor (MD) or other medical professional in this consulting relationship. Furthermore, the term “patient” may be utilized, and is understood as a customary term and does not imply or expressly constitute a conventional doctor/patient relationship has been established. The term “client” will be most solely used. You agree and fully understand that the advice and recommendations that are provided by Beverly Yates are not to be considered medical advice and are for informational and educational purposes only.
Participation: You agree You are solely responsible for creating and implementing Your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and Your coaching calls and interactions with Beverly Yates and her staff. As such, You agree that Beverly or her staff is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Beverly’s programs. You understand health coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any medical or mental disorder or disease. You understand that successful coaching requires a cooperative and jointly-active approach between Client and Coach. In the coaching relationship, the Coach assists or facilitates awareness and accountability regarding Your changes, but it is Your responsibility to enact change.
Confidential Information: This coaching relationship, as well as all information (documented or verbal) that You share with Beverly or her staff, as part of this relationship, is bound by the principles of confidentiality set forth in the International Coaching Federation (ICF) Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege including but not limited to HIPAA. Beverly and her staff agree not to disclose any information pertaining to You without Your written consent. Beverly and her staff will not disclose Your name as a reference without Your consent. Confidential Information does not include information that: (a) was in Beverly’s possession prior to its being furnished by You; (b) is generally known to the public or in Your professional industry; (c) is obtained by Beverly or her team from a third party, without breach of any obligation to You; (d) is independently developed by Beverly or her staff without use of or reference to Your confidential information; or (e) Beverly is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to Beverly or her staff and as a result of such disclosure Beverly reasonably believes there to be an imminent or likely risk of danger or harm to You or others; and (g) involves illegal activity. You also acknowledge Your continuing obligation to raise any confidentiality questions or concerns with Beverly or her team in a timely manner.
Health questionnaire(s). Beverly may supply an electronic health questionnaire(s) to You. Questionnaires are developed to gather important information about Your previous and current health concerns, lifestyle, eating habits and mindset. You agree completing a health questionnaire is completely voluntary and will help Beverly Yates better assist You. Health questionnaires provide information for Beverly Yates to correctly pinpoint the most probable lifestyle, environment and mindset explanations related to Your health symptoms. However, Beverly Yates is in no way diagnosing, treating, or acting as a medical professional.
Laboratory testing. Beverly will not be ordering any insurance-covered services or filing to Your insurance. No ICD-10 or ICD-11 codes will be supplied, as she is in no way diagnosing or treating. Functional lab testing may be included in Your program to help identify environmental and nutritional influences on Your health. You will be presented with detailed information on the specific tests performed and recommended. It is Your responsibility to ensure all lab tests are submitted within the same timeframe so that You can maximize Your time with Beverly Yates. The results of Your lab tests usually take one to three weeks, sometimes longer depending on lab staffing and supply chain delays. You will be presented with a copy detailing the results of Your labs either from Beverly or from the lab company.
You agree and understand Your responsibility to pay includes fees for laboratory and/or other clinical diagnostic testing and/or services outside of the contract as explained at the beginning of section 1 above. Beverly is not responsible for lab draw fees in the United States or for shipping costs or lab draw fees outside of the United States.
Nutritional Supplements. You understand that Beverly Yates makes nutritional supplements and other recommended products available. Many of these products are not available through retail outlets. These are provided for the convenience of clients. You are in no way obligated to purchase these products from Beverly Yates. You are free to purchase any recommended supplements or other products from any source that You choose. You further understand that Beverly Yates makes no statement expressed or implied about any product recommended that it is intended to diagnose to treat any disease. No statements made by Beverly Yates are evaluated by the FDA.
Correspondence. Note that any correspondence via text, email, phone, video, video conferencing, Zoom, or social media is not HIPAA or medically secure, and You share information on these platforms willingly.
Appointments/Visits. You are responsible for attending a call with Beverly (or someone on her team) to review Your lab test results. Once Your test is finished processing, You will receive an email with an invitation to book a call. After You have booked Your lab review call, it is Your responsibility to keep track of the call details and Zoom link. If You can not locate this information, email info@drbeverlyyates.com for help. Emails will be sent out as a courtesy to remind You of Your appointment, however, it is not expected Beverly will remind You to reschedule if You miss Your appointment. You will not receive added time onto Your agreed upon enrollment with Beverly if You miss Your lab review call. Beverly’s time is valuable, and as such, a rebooking fee of $175 will be charged if You miss Your appointment without at least 24 hours' notice to Beverly. You can email info@drbeverlyyates.com to notify us of a last-minute 24-hour cancellation.
- Disclaimer. Beverly Yates’s Lifestyle, Habit Change and Coaching services are provided solely for Your personal use. The information provided by Beverly Yates on a phone or video appointment and the information contained in her website or provided through her blog, social media, programs, services or products is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by Your physician, therapist, licensed dietitian, or any other health care professional. Beverly Yates is not providing health care or medical therapy or mental health services, or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body. Rather, Beverly Yates is serving as a coach, mentor, and guide to help You reach Your own health and wellness goals through implementing incremental, positive, healthy, sustainable lifestyle changes that help You live and thrive using simple methods. Sometimes medications are recommended that are approved by the FDA to treat health conditions; Beverly Yates will not and cannot prescribe any medications due to the nature of this relationship being that of health coaching only. Beverly Yates and BAY Digital Systems Inc. is not a covered entity and not participating in an insurance-based plan, nor is Beverly collaborating with Your medical doctor or other licensed practitioner. As such, You acknowledge HIPAA does not apply in this coach/client relationship.
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Consult Your Physician or Health Care Provider. Beverly Yates’s intent is NOT to replace any relationship that exists, or should exist, between You and a medical doctor or other health care professional. Always seek the advice of Your physician or other qualified healthcare professional regarding any questions or concerns You have about Your specific health situation, possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions, or any medications You are currently taking.
Beverly Yates advises You to speak with Your own physician before implementing any suggestions from her Program, personal coaching sessions, website, blog, e-mails, programs, services and/or products, including but not limited to: before taking any nutritional, herbal, ayurvedic or homeopathic supplement; engaging in an elimination diet, detox or cleanse; performing deep breathing exercises; or participating in any other aspect of a food, diet, exercise or lifestyle program.
Do not disregard professional medical advice or delay seeking professional advice because of information You have received from Beverly Yates. Do not stop taking any medications without speaking to Your physician or health care professional. If You have or suspect that You have a medical problem, contact Your healthcare provider promptly. The information contained on Beverly Yates’s website or provided through her blog, e-mails, programs, services, coaching sessions and/or products has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease, or to be considered medical or psychological advice.
Health coaching and consulting services are exclusively virtual-based and are not affiliated with a hospital or clinic. If You become so ill that You require hospitalization, it is vital that You have a primary care physician with hospital admitting privileges familiar with Your health problems and history. You understand that in addition to a primary care physician, it may be in Your best interest to have appropriate specialists: for example, a cardiologist if You have cardiac problems, or a pediatrician if You are seeking treatment for Your children.
If You have not had a physical examination within the last year or since the start of
Your most recent health problem, it is highly recommended to schedule an appointment with Your primary physician within a reasonable time after starting with the consultation process, as Beverly will not be doing any physical examination or seeing You in person. Other tests such as ultrasounds, scans, x-rays, or traditional laboratory testing would also be completed outside of Beverly’s contract with You, as she does not order or prescribe any such tests in her programs. Beverly is giving health recommendations only, and although she has a Naturopathic Doctor license, she is not acting upon her medical professional degree/license in this manner during this coach/client relationship.
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Notice to Medicare patients. Beverly Yates has opted entirely out of the Medicare program, which means that Medicare will not cover any services or procedures performed at (Beverly Yates/BAY Digital Systems Inc). You understand that You will not be able to submit any claims to Medicare. You understand that Medicare will not be reviewing any claims and that an opinion by Medicare that a service is not medically necessary in their view of care would not discharge Your responsibility for payment of said service(s).
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Insurance claim management. Beverly Yates does not participate nor is contracted with any insurance company. Beverly Yates will not provide a receipt and an encounter form to submit to insurance and does not prepare or submit insurance claim forms. Beverly Yates is not obligated to respond to insurance carrier requests for information and is not obligated to take action on Your behalf against an insurance carrier for collecting or negotiating any claim. You agree You are responsible for the payment of services provided by Beverly Yates at the time of service without regard to insurance coverage. You are entitled to know the cost of all services and procedures in advance and You will ask if they are not told to You.
- Refunds and Cancellation. There are no refunds for this Program. You are permitted to cancel Your participation in the Program at any time by providing written notice of cancellation to Beverly Yates at info@drbeverlyyates.com. Beverly Yates shall have no further obligations to perform under this Agreement following cancellation.
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Beverly Yates Does Not Guarantee Results. Beverly Yates is convinced You will derive great benefits from Your participation in the Program and Beverly Yates is dedicated to helping You become as successful as You envision. However, Beverly Yates does not guarantee or represent in any way that You or Your health will attain a certain level or metric of success, either in the short-term or long-term. Your health success depends on many factors, including but not limited to Your personal motivation, Your time commitment, how effectively You implement the strategies taught in the Program, Your efficiency in following up on each coaching strategy. Your participation in the Program is an investment in You and Your health, and, as with most investments, there is potential for a great return on Your investment and risk there will be no return on Your investment.
None of the stories shared or examples used in Beverly Yates’s materials, on her website, or during her calls or events is a guarantee of any particular result or success. Beverly Yates disclaims any express or implied promise or representation other than those contained in this Agreement.
- No Transfer of Intellectual Property. You agree and accept that Beverly Yates’s methods, processes, and strategies taught during the Program services are the sole and exclusive property of Beverly Yates. Beverly Yates’s Program includes all materials associated with the coaching services and health strategies she teaches, and all associated coaching advice. You agree and accept to maintain the confidential nature of the Program services and its related materials, strategies, and advice, and You agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure (i) is part of the services, (ii) is required by valid legal process (whereby You agree and accept to provide prompt written notice of such legal process to Beverly Yates so that she can take appropriate legal action to protect her interests), or (iii) concerns matters or materials that have lawfully become part of the public domain. You further agree and accept that any violation of the terms of this Section will cause substantial and irreparable harm to Beverly Yates and that Beverly Yates is entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.
- Termination from Program. You agree and accept that Beverly Yates may terminate You from the Program by providing You with written notice of termination if Beverly Yates determines in her discretion that You are conducting Yourself in a manner that is disparaging or disruptive such as defamation or slander to Beverly Yates, that infringes upon Beverly Yates’s intellectual property or other rights, or that violates the confidentiality provisions set forth in Section 8. Termination under this Section 9 does not constitute cancellation, and all payments shall immediately become due and payable upon termination.
- Use of Likeness. You agree and accept that when You are participating in live or online events/programs or group visits, Beverly Yates is authorized to record, photograph, or otherwise capture Your likeness, voice, images, interviews, and statements made in connection with her programs for Beverly Yates’s own use. Private coaching sessions are confidential and not recorded unless previously agreed by You. You hereby assign to Beverly Yates all rights, title, and interest to have and to use, royalty-free, any such likeness or portion of Your participation in her live or online events/programs/group visits for advertising, marketing, documentary, informational, training, or any other lawful purpose.
- Liability: Except as expressly provided in this agreement, Beverly Yates and her staff make no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall Beverly Yates or her staff be liable to You for any indirect, consequential or special damages. Notwithstanding any damages that You may incur, Beverly’s entire liability under this agreement, and Your exclusive remedy, shall be limited to the amount actually paid by You to Beverly under this agreement for all coaching services rendered through and including the termination date.
- Indemnification: You shall defend, indemnify, and hold harmless Beverly Yates, Beverly’s officers, employers, employees, staff, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expenses whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this agreement or sole negligence or willful misconduct by Beverly, or any of her shareholders, trustees, affiliates or successors. You shall defend Beverly in any legal actions, regulatory actions, or the like arising from or related to this agreement. You recognize and agree that all of Beverly’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Beverly or her staff. In consideration of and as part of Your payment for the right to participate in Beverly’s services or programs, the undersigned, Your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Beverly and her subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in a equity arising from participation in the services or programs.
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Arbitration Agreement. Beverly Yates and You each agree and accept that any dispute arising out of or related to this Agreement or the Program shall be submitted to binding arbitration and heard by a single arbitrator.
Arbitration shall be conducted on an individual basis and not on a class, representative, or consolidated basis. By agreeing to binding arbitration, Beverly Yates and You are each giving up the right to have any claims against the other that already exists or may exist in the future considered by a court or a jury.
The arbitrator shall be provided by JAMS, which makes its rules and terms of arbitration available at www.jamsadr.com, and shall be selected by mutual agreement. Either Beverly Yates or You may initiate arbitration by giving written notice of arbitration to the other and filing a demand for arbitration with JAMS. If an arbitrator is not selected within 30 days of the date the demand for arbitration is filed, then JAMS is authorized to select a neutral and independent arbitrator, whose decision shall be final and conclusive. The arbitrator is authorized to issue any form of relief authorized by applicable law, including injunctive relief, declaratory relief, and damages. The prevailing party in any dispute shall be entitled to recover all costs and attorney’s fees incurred in connection with arbitration (including any costs and attorney’s fees incurred in court seeking to compel arbitration) to the fullest extent allowed by law. The arbitration shall be conducted in Marin County, California, unless otherwise required by law.
- Entire Agreement. The terms of this Agreement constitute the entire agreement between Beverly Yates and You and supersede any prior or contemporaneous written, oral, or implied agreement related to the Program. If any portion of this Agreement is unenforceable, such portion shall be severed and the remainder of this Agreement shall be fully enforceable.
- Governing Law. The construction, interpretation, and application of the terms of this Agreement are governed by the laws of the State of California, without regard to its conflict of law rules.
By affixing Your signature below, You agree and accept that You have read the foregoing terms and conditions laid out in this Health Coaching and Consulting Agreement. Further, You have sufficient time to consult Your own attorney before signing.
Signature: ______________________________________________ Date: ___________________
Beverly Yates, President
BAY Digital Systems Inc.
Signature: ______________________________________________ Date: ___________________
Coaching Client
