Terms & Conditions
By registering and paying for the DelaneMD Group Coaching Program (the “Program”) the person participating in the Program (the “Client”) agrees to the Terms & Conditions outlined on this web page (the “Agreement”).
WHEREAS, DelaneMD provides certain coaching services, including the provision of a curriculum that includes health and wellness education and guidance designed to assist clients in maximizing personal potential through identifying wellness goals and developing and carrying out a plan for achieving those goals including but not limited to resolution of type 2 diabetes.
WHEREAS, Delane Vaughn, MD, (the “Coach”) is an Agent of DelaneMD and agrees to partner with Client to provide Coaching Services in accordance with the terms and conditions set out in this Agreement.
WHEREAS, Client is of the opinion that the Coach has the proper and necessary qualifications, experience and abilities to provide Coaching Services to Client.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants, promises and undertakings herein, the sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties agree as follows:
For the purpose of this Agreement, the following shall mean (i) “Agent” is a person who is authorized to act on behalf of DelaneMD, (ii) “Agreement” is defined in the first paragraph of this agreement, (iii) “Coach” is defined in the third paragraph of this agreement, (iv) “Coaching” means a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal potential. It is designed to facilitate the creation/development of personal or health goals and to develop and carry out a strategy/plan for achieving those goals, (v) “Coaching Services” means those programs provided by DelaneMD that include individual or group meetings, during which guidance, information and/or feedback may be provided, (vi) “Effective Date” means the date agreed upon by the parties for beginning the period of performance under this Agreement, (vii) “Group Coaching” means those Programs offering interactions between the Coach and two or more Clients, (vii) “Individual Coaching” means those Programs offering interactions between the Coach and one Client, (viii) “Proprietary Information” means any and all information disclosed to a Party (the “Recipient”) by or on behalf of the other Party (the “Disclosing Party”) that has or could have value to the Disclosing Party or its Affiliates, or the unauthorized disclosure of which could be detrimental to the interests of the Disclosing Party or its Affiliates, and (ix) “Program” means Coaching Services that include curriculum and includes individual and group coaching.
2.0 COACH AND CLIENT SERVICES AND OBLIGATIONS
2.1 Cancelation Policy. For Individual Coaching, Client agrees that it is the Client’s responsibility to notify the Coach a minimum of twenty-four (24) hours in advance of the scheduled call or meetings. If Client cancels or misses a meeting with less than twenty-four (24) hour notice, Coach will attempt in good faith to reschedule the missed meeting. Notwithstanding the forgoing, any cancelation or missed meeting with less than twenty-four (24) hour notice may be forfeited by Client. Group Coaching will be held at a prescheduled time and date. Attendance at Group Coaching is at the Client’s discretion. Group Coaching sessions may be recorded and made available to Clients.
2.2 Client Well-being. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach 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 the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
2.3 Coaching Limitations. Any information provided by the Coach through coaching sessions, e-mail, phone conversations or other communications is for informational and guidance purposes only and is not an attempt to provide medical care, diagnosis or treatment. DelaneMD and its Agents do not recommend or endorse any specific tests, physicians, products, procedures, or treatments. All DelaneMD clients are responsible for their own medical care, treatment, and oversight. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
2.4 Coaching Session. As part of the Program or on a per-diem basis, Clients will engage in individual or group meetings with a Coach. These meetings have a set duration and may occur in person, telephonically or through video conference. Individual Coaching sessions shall be scheduled at a mutually convenient time for Client and Coach. Group Coaching sessions shall be scheduled by Coach at Coach’s discretion. Coach shall make a reasonable attempt to find days and times that accommodate Clients participating in Group Coaching sessions. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program including but not limited to (a) active participation in coaching sessions with Coach, (b) completion of assignments within the specified timeframe, (c) provision of daily food logs, thought downloads, or other assigned tasks when requested by Coach., and (d) engagement in proactive and honest communications regarding progress, thoughts and food consumption with Coach.
2.5 Confidentiality. DelaneMD and its Agents protect the confidentiality of Clients. Any information provided either in writing or verbally will be kept confidential. Only with your written consent will information be release to anyone outside of DelaneMD except as required by law. Legal exceptions include (a) clear and imminent danger to you or someone else, (b) if there is a reasonable expectation that you will engage in dangerous conduct as defined by Kansas state stature, (c) reasonable suspicion that child or elder is currently being abused, or (d) a court order.
2.6 Program Fees. All Program fees shall be paid in full prior to the first scheduled Coaching Session or in accordance with a predefined payment plan. All payment plans must be agreed to in writing and approved by an Agent of DelaneMD. Client may cancel participation the Program prior to the first scheduled Coaching Session and receive a full refund within ten (10) business days.
2.7 Primary Care Provider. Client shall establish and receive routine care with a primary care provider and confer with that primary care provider with regards to any lifestyle modifications that could impact overall health, medical conditions, or ongoing treatments.
2.8 Refunds. All Refunds shall be provided at the sole discretion of DelaneMD. In general, DelaneMD shall not provide refunds for Programs shorter than 6-months. For 6-month programs, Refunds shall not be provided unless the Client has fulfilled all obligations under this Agreement including those obligations outline in Section 2.4 or in the event Coach is in material breach of this Agreement as outlined in Section 3.3.
3.0 TERM AND TERMINATION
3.1 Term. This Agreement shall commence on the Effective Date and shall remain in full force until the completion of the service or program. This Agreement may be extended by mutual written agreement of the parties. The Effective Date shall be deemed as the official Start Date of the program.
3.2 Termination without Cause. Either the Client or the Coach may terminate this Agreement at any time with written notice to the other party. If Client terminates this Agreement without cause, Client shall forfeit Program Fees. If Coach terminates this Agreement without cause, Program Fees shall be refunded to Client within ten (10) business days.
3.3 Termination for Breach. This Agreement may be terminated at any time by either Party upon material default or substantial breach by such Party of one or more of its obligations, unless such material default or substantial breach is cured to the satisfaction of the non-breaching Party within a ten (10) business day period. If Client is in breach of this agreement and it is not cured within a ten (10) business day period, Client shall forfeit Program Fees. If Coach is in breach of this agreement and it is not cured within a ten (10) business day period, Program Fees shall be refunded to Client within ten (10) business days.
4.1 Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the State of Kansas, without giving effect to any conflicts of law provisions.
4.2 Dispute Resolution. If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to thirty (3) days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
4.3 Proprietary Information. Client agrees that the Proprietary Information of DelaneMD is the exclusive property of DelaneMD and Client has no right, title or interest in DelaneMD’s Proprietary Information. Client agrees to keep DelaneMD’s Proprietary Information strictly confidential and agrees not to disclose any Proprietary Information to any third party without DelaneMD’s consent, except that the following disclosures are permitted (i) disclosures that are required by law or legally compelled, (ii) disclosures in the course of litigation or arbitration between the Parties, and (iii) any other disclosures expressly permitted by this Agreement. Upon the termination of this Agreement for any reason, each Party shall, at the request of the other Party hereto, return any Proprietary Information of the other Party. Notwithstanding the foregoing, Client is encouraged to discuss decisions affecting the Client’s health with their current Primary Care Provider. This Section 4.3 shall survive the termination of this Agreement for five (5) years, regardless of the cause of termination.
4.4 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
4.5 Indemnification. Client agrees to hold DelaneMD and its Agents harmless from and against any and all claims, damages, liabilities, losses and expenses including, without limitation, attorney fees and costs of any kind whatsoever arising out of or resulting from, directly or indirectly, any act or omission of its agents, employees, invitees, contractors, suppliers, and customers. Except as expressly provided in this Agreement, the Coach makes 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 the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
4.6 Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
All content found on the DelaneMD.com website, including but not limited to text articles, blog posts, video, audio, or other formats, were created for informational purposes only. This website is not an attempt to practice medicine or provide specific medical advice, and it should not be used to make a diagnosis, treat a medical condition, or to replace or overrule the advice and opinions of your primary care provider. This website and links to other websites provide general information for educational purposes only.
Always seek the advice of a physician or other qualified health provider with any questions you may have regarding your health or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
In the event of a medical emergency, call a doctor or 911 immediately. Do not rely on electronic communications or communication through this website for immediate, urgent medical needs. This website is not designed to facilitate medical emergencies.
Health and medical information changes constantly. Therefore, the information on this website or on the linked websites should not be considered complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual.
Any information provided by Delane Vaughn, MD, on the DelaneMD website or through coaching sessions, e-mail, phone conversations or other communications is for informational purposes only and is not an attempt to provide medical care, diagnosis or treatment. Delane Vaughn, MD, does not recommend or endorse any specific tests, physicians, products, procedures, or treatments. All DelaneMD clients are responsible for their own medical care, treatment, and oversight. We recommend every person or client establish and receive routine care with a primary care provider. Clients are encouraged to confer with your current doctor with regard to any lifestyle modifications that could impact overall health, medical conditions or ongoing treatments.
Vaughn Jacobs LLC (“us”, “we”, or “our”) operates the www.delanemd.com website (the “Service”). This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:Email address
First name and last name
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Vaughn Jacobs LLC uses the collected data for various purposes: To provide and maintain the Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer care and support
To provide analysis or valuable information so that we can improve the Service
To monitor the usage of the Service
To detect, prevent and address technical issues
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Vaughn Jacobs LLC may disclose your Personal Data in the good faith belief that such action is necessary to:To comply with a legal obligation
To protect and defend the rights or property of Vaughn Jacobs LLC
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
The security of your data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.