Description of Coaching: Coaching is 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.
Sussed Co. Agrees to provide services of Coaching (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
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, incorporate 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, 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.
Client understands Company and its subsidiaries, owners, principals, directors, executives, employees, staff, or agents are not lawyers, doctors, managers, therapists, business managers, registered dieticians, financial analysts, psychotherapists or accountants.
Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Client understands that the Program is not a substitute for health care, medical or nutritional advice of any kind. Client understands and agrees that Client is fully responsible for their mental well-being, mental, and physical choices and decisions during the Program.
Client understand that the Program comprises coaching which is a comprehensive process that may involve all areas of the Client’s life, including work, finances, health, relationships, education and recreation.
Client acknowledges that deciding how to handle these issues, incorporate coaching into those areas, and implement Client’s choices is exclusive the responsibility of the Client. Client promises that if Client is currently in therapy or otherwise under the care of a mental health professional or doctor, that Client has consulted with the mental health profession or doctor regarding the advisability of doing this Program including working with a coach and that this person is aware of Client’s decision to proceed with this relationship. Additionally, the services are offered on an "as is," "where is," and "where available" basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
Client acknowledges that neither Company, its affiliates, nor any of their respective employees, agents, third Parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Program, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Program.
Client understands that Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any results of any kind.
Client agrees that its results are dependent on various factors and in no way dependent on any information Company provides to Client.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that Company is not responsible for any loss, property damage, or bodily injury, caused by use of or participation in the Program.
To the maximum extent permissible under applicable law, Company will not be responsible to Client or any third Party claims through Client for any direct, indirect, special or consequential, economic or other damages arising in any way out use of or participation in the Program.
3. Program Structure
The Program shall include: the Program listed in your Order Summary and Order Confirmation.
Generally said available Programs are:
‘Modern Life Coaching' shall include: - The Fee as iterated in Client’s Order Summary / Order Confirmation - Session Number as selected in Client’s Order Summary / Order Confirmation.
’Perspective Cleanse’ - The Fee as iterated in Client’s Order Summary / Order Confirmation - 14 Creative Coaching Modules and 21 accountability text sessions over a period of 21 days from specified start date in clients Order Summary / Order Confirmation..
4. Fees and Refunds
Client hereby agrees that throughout the term of this Agreement, the total cost and the payment terms for the Program are set forth in the Order Form, which shall be attached hereto and made a part hereof. Upon confirmation of booking, the complete and full Program Fee is due and Client hereby agrees to be legally obligated to pay the full amount of the Program prior to its commencement. In the event of the Client’s absence or withdrawal, for any reason whatsoever, the Client will remain fully responsible for the payment of the Program.
5. Method of Payment
Note: Client shall pay by Credit Card. Under special circumstances only, if Client cannot pay via Credit Card, Company may accept alternative payment methods at the sole discretion of the Company. If Client requires such alternative payment methods, Client must notify Company pursuant to any method provided in Section 8 of this Agreement.
6. Refund Policy
Client has 24 hours from time of payment to cancel and receive a full refund. Cancellations after 24 hours are not refundable. Under no circumstances will the Company be obligated to refund any payments for the Program made by the Client after 24 hours.
7. Time with Company
Client understands all available times for the sessions are at the sole discretion of the Company. If the schedule changes at any time, Company will notify Client. All of the times are stated in Eastern Time.
8. Communication with Company
Company welcomes communication via email. For questions regarding the Program, please email: email@example.com as it is the primary Client contact method. Company will answer Client’s questions regularly during non-holiday and non-vacation weeks. Please allow for a seventy-two (72) hour response time within that window.
Any Confidential Information shared by any representative of the Company or any other Program Participants is confidential, proprietary, and belongs solely and exclusively to the Party disclosing the information. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Company Websites, during any Sessions, or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with the Company during the Program. Confidential Information includes, but is not limited to, information disclosed during the Program by Company or Program Participants, in connection with this Agreement, including, but not limited to, any names, addresses, telephone numbers or e-mail addresses, and shall not include information rightfully obtained from any third Party.
Client will keep Confidential Information in strictest confidence and shall use its best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.Further, Client agrees that if they violate or display any likelihood of violating this section the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
10. Non-Disclosure of Materials
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third Party including but not limited to, reproduction of the materials in the Program is strictly prohibited.
11. No Transfer of Intellectual Property
Company's Program is copyrighted and the original materials that have been provided to Client are for Client's individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company's copyrighted Program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company's materials is granted or implied. Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to damages and injunctive relief to prohibit any such violations and to protect against the harm of such violations.
12. Client Responsibility
Client accepts and agrees that Client is fully responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each Client may significantly vary. Client acknowledges there is no guarantee that Client will reach their goals as a result of participation in the Program.
Client shall not film, copy, tape or otherwise record any information provided or generated as part of the Program including but not limited to any coaching session.
14. Force Majeure
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
A) Limitation of Liability. Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the Parties. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Client may sustain as a result of participating in this Program. Client further declares and represents that no promise, inducement or agreement not herein expressed has been made to Client to enter into this release. The release made pursuant to this paragraph shall bind Client’s heirs, executors, personal representatives, successors, assigns, and agents.
B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third Party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. This Agreement may not be assigned by the Client, without express written consent of Company. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
D) Termination. Company is committed to providing all Clients in the Program with a positive Program experience. Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s access to Program without refund or forgiveness of payments if Client become disruptive to Company, difficult to work with or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
E) Indemnification. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense 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 Program, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
F) Resolution of Disputes. If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association (“AAA”) in New York, New York. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The arbitration will be held before one arbitrator pursuant to the AAA rules. The written decision of the arbitrator (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. Client further agrees that Company shall be entitled, in addition to damages, unpaid fees, costs and interest, to recover the costs of the arbitration proceedings as well as any collection proceedings, as necessary, including reasonable attorneys’ fees. In the event it shall be necessary to obtain a court order confirming any such arbitral award, or to otherwise bring a court proceeding, Client shall submit to the jurisdiction of any court of competent jurisdiction sitting in New York, New York.
G) Equitable Relief. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
H) Notices. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, "personal delivery" includes notice transmitted by fax or email. Email firstname.lastname@example.org
I) Entire Agreement. This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both Parties in duplicate.
J) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America.