Terms and Conditions
These are the terms and conditions you will agree to when you sign up to work with me. This includes any programs, 1:1 sessions, group sessions, or pre-made products. By purchasing any of these products or booking in for any of my services, you agree to the following terms and conditions.
This Client Agreement (the “Agreement”), is made by and between ROMINA LEE (hereafter known as “Company” or “Coach”) and the participant (hereafter known as “Client”, and collectively, the “Parties”).
WHEREAS, Company provides Feminine Embodiment Coaching (“Services”); and WHEREAS, Client wishes to retain Company and accepts the terms and conditions set forth herein to provide such Services.
NOW, THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows:
1. SERVICES.
The company agrees to provide Feminine Embodiment Coaching, 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 (herein referred to as the “Program”). The client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
2. DISCLAIMER.
The client understands Coach is not an employee, agent, lawyer, doctor, registered dietician, psychotherapist, nutritionist, psychologist, agent, publicist, accountant, financial planner, lawyer, therapist, or other licensed or registered professional. The coach will not act as a therapist providing psychoanalysis, psychological counseling, or behavioral therapy. The client understands this Program will not prescribe or assess micro-and macronutrient levels; provide health care, medical, or nutrition therapy services; or diagnose, treat or cure any disease, condition, or other physical or mental ailments of the human body. The Client understands if they should experience any such issues they should see their registered physician or other practitioners as determined by their own judgment.
Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client's life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training.
If the Client is under the care of a healthcare professional or currently uses prescription medications, the Client should discuss any lifestyle (including dietary) changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. Clients understand that the information in this Program is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
The company promises that all information provided by the Client will be kept strictly confidential, as permissible by law.
3. PROGRAM STRUCTURE.
Company’s requests for Client’s participation in the Program:
● Please be on time for all appointments. If you will be late, notify Company in advance. If you will miss an appointment, notify Company at least 24 hours in advance. Appointments missed without 24 hours notice will only be rescheduled at Company’s sole discretion.
● Be honest and participate fully. Recognize that our sessions are a safe place to look at what you want, and what it will take to make it happen.
● Commit to the action plans you create, and do what you have agreed to do.
● Understand that the power of the coaching relationship can only be granted by you, and commit to making the relationship powerful. If you see that the coaching is not working as you desire, communicate, and take action to return the power to the relationship.
4. TERM.
The program length is stated on the e-mail agreement or appointment schedule. The client understands that a relationship with the Company does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate agreement will be entered into.
5. TERMINATION.
The company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or upon violation of the terms. If the Client decides to terminate this Agreement, no refunds will be issued.
6. PAYMENT.
The total price of the Program is stated on the website, book in page, and/or email agreement. The client will honour their commitment to pay the full agreed amount through paying the full amount or in monthly installments, through [Paypal, credit card, direct debit]. If the Client chooses to pay using a card, please complete Annex A attached to this Agreement with your card information. The client grants the Company the authority to charge the card(s) provided on the first (1st) of each month. Payments using PayPal must be made no later than the 10th of each month. If payment is not received by this date, the Company reserves the right to suspend Services until payment is complete.
7. REFUNDS.
The client is responsible for full payment of fees for the entire Program, regardless of whether the Client completes the Program. To further clarify, no refunds will be issued.
8. SESSIONS
The client attends the session location at the scheduled time of appointment. It is the Client's responsibility to schedule sessions with the Company. If the Client fails to schedule appointments, those unscheduled appointments are forfeited. If a client needs to reschedule a call with Company, the Client must give at least 24 hours advance notice to Company. Missed appointments will be forfeited at the sole discretion of the Company. The client also understands that any/all scheduled coaching calls and/or other benefits expire at the end of the Term of this Program and will not be carried over.
9. CONFIDENTIALITY.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal, or make use of any information learned by either party during discussions, Or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.
10. COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION.
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
11. NON-DISCLOSURE OF COMPANY MATERIALS.
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted, and developed specifically for Company. The client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.
The company’s program is copyrighted and the original materials that have been provided to Client are for Client's individual use only and are granted as a single-user license. The client is not authorized to use any of the Company's intellectual property for the 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.
Further, by agreeing to the terms and conditions, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
12. NON-DISPARAGEMENT.
The client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. The company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
13. INDEMNIFICATION.
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including legal fees and costs, arising out of or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
14. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the Resolution Institute. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in [CITY, STATE]. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including legal fees) 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 decree in equity, as circumstances may indicate.
15. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of [STATE OF BUSINESS], regardless of the conflict of laws principles thereof.
16. ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship and supersedes all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
17. COUNTERPARTS.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
18. SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
19. WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
20. ASSIGNMENT.
This Agreement may not be assigned by either party without the express written consent of the other Party.
21. 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, Commonwealth or 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 either Party to perform its obligations under this Agreement, the Affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
22. CLIENT RESPONSIBILITY; NO GUARANTEES.
The client accepts and agrees that the Client is 100% responsible for its progress and results from the Program. The company will help and guide the Client; however, participation is the one vital element to the Program’s success that relies solely on the Client. The company makes no representations, warranties, or guarantees verbally or in writing regarding the Client’s performance. The client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, the Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that the Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. The company makes no guarantee other than that the Services offered in this Program shall be provided to the Client in accordance with the terms of this Agreement
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Client Agreement as of the date first indicated above.
By:
__________________________________ [COMPANY]
________________________________ [CLIENT]