Terms and Conditions

Your Coaching Session is intended to explore and discuss your concerns, goals, challenges, history, support systems, commitment, and other factors to determine if the Coach/Client relationship is a good fit for both of us. If so, we will work together to develop a specific Program plan for you that includes individual Session duration length, frequency, Program duration, and other elements as may be necessary. Your “First Impressions” Consultation is not a coaching session, is not included as part of what may become your specific Program, and will not count toward or against any quantity of Sessions within your Program. 

Client and Coach agree to the following:

• Coaching is a collaborative process with an ongoing relationship between the Client and the Coach.

• The Coach is not responsible for providing solutions or outcomes, only guidance and support.

• The coaching experience helps the Client establish and practice new behaviors and/or ways of thinking that promote personal growth and success.

• The role of the Coach is to help the Client progress toward achieving his or her goal(s).

• The Client and Coach agree to maintain a “safe space” and communicate with honesty, openness, and transparency without judgment or shame. 

• The Client recognizes that coaching is not therapy, family/marriage counseling or other psychiatric or psychological consulting.

Coaching sessions may be conducted in person, by phone, through video conference, or via text or email messaging depending on the method deemed most appropriate, convenient, and feasible for both Coach and Client.

DISCLAIMER OF HEALTHCARE-RELATED SERVICES

The Client understands that the Coach is not qualified, licensed, certified, recognized, or otherwise acting in the capacity of a medical doctor, physician, dietitian, psychologist, or other licensed or registered professional. Accordingly, the Client understands that the Coach is not providing healthcare, medical, or nutrition therapy services and will not diagnose, treat, or cure in any manner whatsoever any disease, malady, affliction, ailment, sickness, illness, discomfort, or other physical or mental condition of the human body. The Coach encourages the Client to continue to consult, visit, and be treated by a qualified healthcare professional, including, without limitation, a primary care and/or specialty care physician. 

PERSONAL RESPONSIBILITY AND RELEASE OF HEALTHCARE-RELATED CLAIMS 

The Client acknowledges that the Client assumes full responsibility for all decisions made by the Client during and after this Program, as well as, their own life, health, and well-being, as well as the lives, health, and well-being of any and all associated members of the family of the Client including but not limited to children (if applicable). Client understands that success or failure is the responsibility of the Client based on the Client’s commitment, decisions, actions, and behaviors. As such, Client acknowledges, accepts, and agrees that the Coach makes no guarantee, implied or explicit, regarding any outcome or result, whether successful, neutral, or unsuccessful, due to the services, involvement, techniques, guidance, or effort of the Coach and that Coach shall not be held responsible or accountable for any Client outcome, result, or effect.

The Client expressly assumes the risks of the Program, whether or not such risks were created, produced, or exacerbated by the Coach. The Client releases the Coach, any and all associated heirs, executors, administrators and assigns, officers, directors, shareholders, employees, teachers, lecturers, agents, health coaches, and staff (collectively, the “Releasees”) from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law, admiralty or equity, which against the Releasees, the Client ever had, now has or will have in the future against the Releasees, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Releasees.

CONFIDENTIALITY

All information provided by the Client to the Coach during the course of this Agreement, the Program, and the coaching relationship will be deemed “Confidential Information” and kept strictly confidential unless otherwise agreed in writing. The Coach will not knowingly or deliberately disclose any Confidential Information or communications, either verbal or written, that have taken place either between the Coach and the Client or with regard to this Agreement without the prior written consent of the Client. 

Notwithstanding the foregoing, Confidential Information does not include information that is:

(a) previously known to the Coach prior to this Agreement, free from any obligation to keep it confidential, or

(b) publicly disclosed and/or in any way made available by the Client either prior to or subsequent to the receipt of such information by the Coach, or

(c) independently developed by the Coach without any access to Confidential Information, or

(d) rightfully obtained by the Coach from a third party lawfully in possession of information which is not bound by confidentiality obligations to the Client.

The Coach may disclose Confidential Information if required to do so under applicable law, rule, or order; provided that the Coach, where reasonably practicable and to the extent legally permissible, provides the Client with prior written notice of the required disclosure.

The Client acknowledges that while the Coach will take reasonable measures to safeguard the confidentiality and integrity of the Client’s information, such measures may not prevent all unauthorized access, collection, or disclosure. The Client acknowledges and agrees that the Coach cannot guarantee the absolute protection of any information provided by the Client, including but not limited to information shared, transmitted, or housed online, in cloud storage, physical and hard copy files or storage systems, or through any other electronic or non-electronic methods or means.

The Client agrees to indemnify and hold harmless the Coach, including previously defined Releasees against any and all claims, liabilities, damages, losses, or expenses arising from or related to any breach, collection, dissemination, access, or misuse of the Client’s information, regardless of whether such actions occur through negligence, intentional misconduct, or otherwise. This clause shall survive, in perpetuity, the termination of this Agreement, the Client’s Program, and the relationship between the Client and the Coach.

CHOICE OF LAW, ARBITRATION AND LIMITED REMEDIES

This agreement shall be construed according to the laws of the State of Arizona. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall remain in full force and effect. In the event a dispute arises between the parties, either arising from this Agreement or otherwise pertaining to the relationship between the parties, the parties will submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is the refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client.