Terms and Conditions
PURPOSE OF THE AGREEMENT
- The Purpose of this Agreement is to enter a coaching relationship between the Coach and the Client, where the Coach will train the Client and cultivate his/her personal, professional and/or business goals.
TERM
This Agreement shall enter into force once Client is registered. It shall remain in force for a period of agreed time per product purchased, or until terminated.
This Agreement may be renewed only by the written consent of the Parties.
DESCRIPTION OF COACHING:
Coaching is 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 and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
RESPONSIBILITIES AND DUTIES OF THE CLIENT
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.
Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility.
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, financial, 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.
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.
PAYMENT FOR SERVICES
- The Client will pay the Coach an amount determined by the product selected, as stated when purchased (hereinafter referred to as “the Fee”) before the start of the first session. The Fee is non-refundable once paid.
- Any payment not received when due will be subject to monthly interest at 5% per month until the balance is paid in full.
- Sales tax will be added where required by applicable law.
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CONFIDENTIALITY
- All terms and conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential by the Client, unless the disclosure is required pursuant to process of law.
- Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Coach.
CANCELLATION POLICY
- Client agrees that it is the Client's responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings of cancellation or change.
- Coach reserves the right to bill Client for a missed meeting.
- Coach will attempt in good faith to reschedule the missed meeting.
INTELLECTUAL PROPERTY
- Hereby, the Client agrees that any intellectual property provided to him/her by the Coach will remain the sole property of the Coach, including, but not limited to, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information or trade secrets.
EXCLUSIVITY
- The Parties agree that this Agreement is not an exclusive arrangement and that the Coach is entitled to enter into other similar agreements with other clients.
LIMITATION OF LIABILITY
- In no event shall the Coach be liable for any damages for any indirect, consequential or special damages.
- The Coach, hereby, 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.
SEVERABILITY
- In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.
GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the laws of California.
ALTERNATIVE DISPUTE RESOLUTION
- Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to mediation in accordance with, and subject to the laws of California.
ATTORNEY FEES
- In the event of any dispute between the Parties concerning the terms and provisions of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.
ENTIRE AGREEMENT
- This Agreement contains the entire agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
AMENDMENTS
- The Parties agree that any amendments made to this Agreement must be in writing, where they must be signed by both Parties to this Agreement.
- As such, any amendments made by the Parties will be applied to this Agreement.