[[ Individual Coaching Program  ]]

Terms and Conditions January 2022

 

Service Agreement

This Service Agreement (the “Agreement”) is made and entered into as of the date of purchase of the program (the “Effective Date”) between [Niki Olsen, LLC] , (the “COACH”), a [SOLE PROPRIETORSHIP/LLC] business located in Utah performing Group coaching services,  and  (the “Client”) (collectively, the “Parties”). 

1.0 Term and Termination

This Agreement takes effect immediately as of the Effective Date, and it remains in full force and effect for a minimum of [six months], or until the Parties agree to complete the services. 

 2.0 Services

During the Term, the Coach will provide Mind Body Bridging Skills. Coaching services, (the "Services") will be conducted via Zoom video call (as scheduled by client at the start of the program) as jointly scheduled between the Parties. The Services will address Mind Body Bridging Skills and will include directed questions from Coach and honest responses and participation from Client. Coach may also be available for additional time, per Client’s request on a prorated basis rate of [$150/hr] (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours). [COACH] will initiate all scheduled calls via Zoom link sent to clients email. 

3.0 Payment Details:

The Client shall pay Coach [$1,500] or [$375] per month to Coach, for [4] months. Payment is due upfront. Any payments after 5 days are late and may incur a late fee of [$100.00]. 

Coaching sessions are available in a package of 12 sessions and will be held weekly for a period of [12] weeks for [60] minutes per session at the rate of $[125/session] or total of [$1,500]. 

3.1. REFUND POLICY. The refund policy in effect for the term of this Agreement is as follows (if you have any questions or problems, please let us know by contacting our support team directly at [[email protected]]: 

Refunds are available after the first session for sessions that have not been utilized. 

4.0 Client Obligations:

 The Coach’s ability to perform its obligations under this Agreement is dependent on the Client fulfilling his or her obligations. 

4.1. Scheduling: If client needs to cancel an appointment, please provide [24] hours notice or you will be charged for the appointment. Each client receives one free rescheduling if the session is rescheduled prior to the [1] hour window before the call. 

4.2. Participation: 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. The Client understands that successful coaching requires a cooperative and jointly-active approach between Client and Coach. In the coaching relationship, the Coach assists or facilitates awareness and accountability regarding the Client’s changes, but it is the Client's responsibility to enact change. 

4.3. Communication. If the Client believes the coaching is not working as desired, the Client will communicate this with the coach as soon as possible and the coaching strategy will be restructured to address the Client’s desired outcome of coaching. 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. 

4.4. Prior History. 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. 

5.0. DISCLAIMER: Coach is not an employee, agent, lawyer, doctor, manager, therapist, public relations, business manager, registered dietician, financial analyst, psychotherapist or accountant. Client understands that Coach has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into. 

6.0 LIABILITY

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.

7.0. INDEMNIFICATION

CLIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS COACH, COACH’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 PRODUCT(S), EXCLUDING, HOWEVER, ANY SUCH EXPENSES AND LIABILITIES WHICH MAY RESULT FROM A BREACH OF THIS AGREEMENT OR SOLE NEGLIGENCE OR WILLFUL MISCONDUCT BY COACH, OR ANY OF ITS SHAREHOLDERS, TRUSTEES, AFFILIATES OR SUCCESSORS. CLIENT SHALL DEFEND COACH IN ANY LEGAL ACTIONS, REGULATORY ACTIONS, OR THE LIKE ARISING FROM OR RELATED TO THIS AGREEMENT. CLIENT RECOGNIZES AND AGREES THAT ALL OF THE COACH’S SHAREHOLDERS, TRUSTEES, AFFILIATES AND SUCCESSORS SHALL NOT BE HELD PERSONALLY RESPONSIBLE OR LIABLE FOR ANY ACTIONS OR REPRESENTATIONS OF THE COACH. IN CONSIDERATION OF AND AS PART OF MY PAYMENT FOR THE RIGHT TO PARTICIPATE IN COACH’S SERVICES OR PROGRAMS, THE UNDERSIGNED, MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS DO HEREBY RELEASE, WAIVE, ACQUIT, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS AND FOREVER DISCHARGE COACH AND ITS SUBSIDIARIES, PRINCIPALS, DIRECTORS, EMPLOYEES, AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS AND ANY OF THE TRAINING INSTRUCTORS, GUIDES, STAFF OR STUDENTS TAKING PART IN THE TRAINING IN ANY WAY AS WELL AS THE VENUE WHERE THE PROGRAMS ARE BEING HELD (IF APPLICABLE) AND ANY OF ITS OWNERS, EXECUTIVES, AGENTS, OR STAFF (HEREINAFTER “RELEASES”) OF AND FROM ALL ACTIONS, CAUSES OF ACTION, CONTRACTS, CLAIMS, SUITS, COSTS, DEMANDS AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN A EQUITY ARISING FROM MY PARTICIPATION IN THE SERVICES OR PROGRAMS.

 

8.0 Confidential Information

This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship in individual sessions, is bound by the principles of confidentiality set forth in the International Coaching Federation (ICF) Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The nature of a group, however, does not constitute confidentiality between group participants. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner. 

9.0. No Transfer of Intellectual Property

 Any content or materials provided by Coach is copyrighted and are for Client’s individual use only as a single-user licensee. Client is not authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted program and/or course materials, shall remain the sole property of the Coach. No license to sell or distribute Coach’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Coach is confidential and proprietary, and belongs solely and exclusively to the Coach, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Coach. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

10.0 Termination

Either the Client or the Coach may terminate this Agreement at any time with [3] days notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship. Client Agrees that Coach, may at its sole discretion, terminate this Agreement and limit, suspend, or terminate Client’s participation without refund if Client becomes disruptive to Coach of other participants, Client fails to follow guidelines, is difficult to work with, impairs the participation of the other participants or upon violation of the terms as determined by the Coach. 

11.0. Entire Agreement

This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client. 

12.0. 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 (certain amount of time such as 30 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. 

12.0. 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. 

13.0. 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. 

13.0. Applicable Law

This Agreement shall be governed and construed in accordance with the laws of the State of [Utah], without giving effect to any conflicts of laws provisions. 

14.0. Binding Effect

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. 

15.0 Headings

Headings in this Agreement are for convenience only and do not confer rights or obligations, nor alter any terms of this Agreement.

Contact Us

If you have any questions, concerns or complaints about this [[ Removing Roadblocks to Revelation Group Coaching Terms and Conditions ]], please contact us: