THANK YOU for visiting The CENTERED SURGEON​

Terms and Conditions

Short form:  You are engaging me as a coach, not as a physician.  Consequently, I won't be giving you medical advice.  In coaching, I will help you discover within yourself the mindset you desire to achieve your personal and professional goals.

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Long form:

I acknowledge and agree that I understand the following, with respect to services rendered by Centered Surgeon Enterprises and their employees, consultants, and technical assistants, including Jill Clark (“Practitioner”). While Practitioner is licensed in Washington and California as a Physician and Surgeon, I am choosing to engage Practitioner as a life coach only. This involves an individual assessment; goal setting; empowering thought, feeling, and action identification to achieve my goals; and individual, group and/or retreat coaching. Benefits, Alternatives & Risks: Benefits of life coaching include: greater relaxation, ease and feeling of overall well-being. Alternatives include self-help techniques and medical or psychological care. Risks include persistent distress, which may require referral to a suitable, licensed healthcare provider, dissatisfaction with results, and over-relying on life coaching notwithstanding recommendations by Practitioner, when I know I should see a licensed physician, mental healthcare or other professional, to treat a physical or psychological condition.

No Medical or Psychological Services: I am not engaging Practitioner for any medical or psychological or other healthcare services. I understand that Practitioner in her services pursuant to this Disclosure and Consent, does not diagnose, treat, or claim to cure any medical or psychological or other condition, and that Practitioner’s services are not designed to replace conventional treatment methods of medical or psychological conditions. Practitioner does not handle medical emergencies of any kind. I am responsible for my own health care decision-making by obtaining any necessary consultations with appropriately licensed health care professionals such as physicians and psychologists. I agree to seek medical assistance or psychotherapy or any other appropriate physical or mental diagnosis and treatment from a duly licensed practitioner (such as a licensed medical doctor or licensed psychologist) if I find that these distressing aspects create a danger for myself or for others. This practitioner within the coaching relationship does not have the authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition.

Not Replacing Current Medical Care. Practitioner is acting in a supportive consultative coaching capacity and not as a primary care physician. Accordingly, Practitioner is not replacing care currently provided to me by other physicians or licensed healthcare providers, such as my current primary care physician, internist, gynecologist, cardiologist, gastroenterologist, psychiatrist, psychologist, pediatrician (in the case of children) or other specialty care. Practitioner has advised me that I should maintain a relationship with a physician who is available to provide emergent and urgent care. If I encounter a medical emergency and am not able to obtain care from my primary care physician, I will contact 911 or report to a hospital emergency department. Practitioner does not provide on-call services.

No Claims or Guarantees: I understand that Practitioner makes no representations, claims or guarantees that my medical problems or conditions will be cured, solved, or helped by Practitioner’s recommendations. Referrals: I understand that Practitioner may recommend that I seek other types of treatment from other health professionals who are not affiliated with Practitioner. I understand that Practitioner does not supervise these professionals and is not responsible for them. I understand that they are not her employees and that they will bill separately for their services.

Assumption of Risk; Indemnity: I knowingly, voluntarily, and intelligently decide to receive the services described above, and I knowingly, voluntarily, and intelligently assume all risks involved in the same. As a result of my assumption of these risks, I agree to release, hold harmless, indemnify, and defend Practitioner from and against any and all claims which I (or my representatives) may have for any loss, damage, or injury arising out of or in connection with use of the treatments or services described above, or arising out of or in connection with referral to other practitioners or merchants for delivery of any services. As a result, I agree not to pursue a claim against any of the foregoing, if I am dissatisfied with the results of the above services.

I EXPRESSLY AGREE TO RELEASE CENTERED SURGEON, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR COACHING AND/OR USE OF THE CENTEREDSURGEON.COM WEBSITE, MOBILE APPLICATION, CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. I ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ME OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) MY USE OR MISUSE OF THE SERVICES, (b) MY USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY CENTERED SURGEON, (c) MY DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES I EXPERIENCE, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CENTERED SURGEON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ME. IN ENTERING INTO THIS RELEASE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO ME PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES I PAID CENTERED SURGEON IN THE 12-MONTHS PRIOR TO THE CLAIM DATE.

Video-Coaching: Video coaching involves the use of audio-visual or other electronic communications to interact with you with respect to the services herein. The benefit is speed of communication and access without physical travel; risks include inadequate communication due to the lack of physical presence. Additionally, in rare circumstances, security protocols could fail causing a breach of privacy. The alternative is an in-person face to face visit.

Arbitration and Mediation: Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Washington, before one (1) arbitrator. The arbitration shall be administered by an arbitrator agreed upon by both parties in the State of Washington. Judgement on the award may be entered in any court having jurisdiction. This provision shall not preclude either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator. Each party has read and understood this Section (Arbitration) and understands that it thereby agrees to submit any claims arising out of this Agreement to binding arbitration, and that this dispute resolution provision constitutes a waiver of the Party’s right to a jury trial. HOWEVER, prior to either party initiating Arbitration of any dispute, the parties agree to attempt mediation of the dispute with a mutually agreeable trained mediator in Washington. “Trained mediator” means a professional with actual training and experience in the field of Mediation and/or dispute resolution. EACH PARTY HAS READ AND UNDERSTANDS THIS SECTION and UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, THE PARTY AGREES TO SUBMIT ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO MEDIATION AND ARBITRATION, AND THAT THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN THIS SECTION CONSTITUTE A WAIVER OF THE PARTY’S RIGHT TO A JURY TRIAL.