Terms of Sale
These Terms of Sale constitute a legal agreement between you and Jasmine Diaz. Please read the Terms of Sale in full prior to continuing with your purchase. By purchasing the service you are agreeing to the Terms of Sale below.
The services to be provided by the Coach to the Client are face-to-face or telephone-coaching or Skype-coaching, as agreed jointly with the Client. Coaching may address specific personal projects, business successes, or general conditions in the Client’s life or profession. Other coaching services include value clarification, brainstorming, identifying plans of action, examining modes of operating in life, asking clarifying questions, and making empowering requests or suggestions for action.
Throughout the working relationship, the Coach will engage in direct and personal conversations. The Client understands that successful coaching requires a co-active collaborative approach between Client and Coach. In the coaching relationship, the Coach plays the role of a facilitator of change, but it is the Client’s responsibility to enact or bring about the change.
If the Client believes the coaching is not working as desired, the Client will communicate and take action to return the power to the coaching relationship.
Client agrees to compensate Company according to the payment schedule set forth on Company’s website and the payment plan selected by Client (the “Fee”). Company shall charge a 10% (ten-percent) late penalty to all balances that are not paid in a timely manner by Client.
Chargebacks and Payment Security
To the extent that Client provides Company with Credit-Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
The Client also agrees to disclose details of the past or present psychological or psychiatric treatment. Coaching and counseling are not the same and as such, there needs to be a clear distinction between the two.
The Coach does not engage in therapy with Clients. In entering into the coaching relationship, and signing the agreement, Client is agreeing that if any mental health difficulties arise during the course of the coaching relationship, Client will notify Coach immediately to discuss an appropriate referral for the Client.
No Resale of Services Permitted
Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable with the Company’s without the Company’s prior written consent.
No Transfer of Intellectual Property
Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
Limitation of Liability
By using Company’s services and enrolling in the Program, Client releases Company, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. By using Company’s services and enrolling in the Program, Client releases Company from any and all damages that may result from anything and everything. Client accepts any and all risks, foreseeable or nonforeseeable, arising from such transactions. Regardless of the previous paragraph, if Company is for any reason found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:
- the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and
All claims against Company must be lodged with the entity having jurisdiction within 100-day of the date of the first claim or otherwise be forfeited forever. 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 agrees that use of Company’s services is at Client’s own risk.
Disclaimer of Guarantee
Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.
To the extent that Client interacts with Company staff and/or other Company clients,
Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Program Rules/Regulations presented by Company. The failure to abide by program rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
Use of Program Materials
Client consents to recordings being made of courses and the Program. Company will provide the recordings to the client and reserves the right to use the recordings for training purposes to further improve upon the coaching services and additional certification programs.
The Client can, at any point in the coaching session, declare his/her preference not to discuss a specific issue, by simply stating that they would rather not discuss this issue. The Coach agrees to respect this boundary and will not attempt to forward the conversation further along those lines.
The Coach will work within the professional ethics and guidelines as designated by the International Coaching Federation (see www.coachfederation.org). Copies of the ethical guidelines are available on the ICF website. All information about the Coach/Client relationship will remain strictly confidential except in very rare circumstances where decreed by law; for example, where the court might issue a subpoena for the file or information. The Coach Client relationship is not subject to a legally recognized privilege and it is possible that a court could compel Coach to divulge information gather in the course of the coaching relationship.
If Client wishes Coach to speak to someone outside the coaching interactions, then Client needs to provide Coach with written direction (original letter, fax or email) to do so. Exceptions to confidentiality of course relate to circumstances such as intent to seriously harm someone, child abuse etc. Otherwise, all Client information is confidential.
It is also important to note that in some situations, it is important to be aware of the use of technology in that for some Clients, there is a risk in using certain media such as the internet, mobile phones and cordless phones. If Client uses these to communicate with Coach, then the assumption is that it is appropriate to continue to do so in the Coach and Client interactions.
Cancellation & Refunds
Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If Client cancels the Program for any reason whatsoever, Client will receive no refund.
If Client needs to cancel or move an appointment, Client must provide at least 24 hour’s notice or else Client will be charged for the appointment and no makeup session will be provided.
In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.