Coaching Call Terms & Conditions
BY SIGNING UP FOR A 1:1 COACHING CALL WITH Natural Skincare Chick you agree to the terms
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Client,” “you,” “your,” “his,” “her,” “he,” “she”) and Misty Cassady aka Natural Skincare Chick (“Coach,” “I,” “my”), concerning your purchase of a one-on-one coaching call.
You agree that by purchasing the call, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from purchasing a one-on-one coaching call.
I reserve the right, in my sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
I will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued purchase of one-on-one coaching calls after the date such revised Terms and Conditions are posted.
1) Coach-Client Relationship
A. Coaching is a collaboration (defined as an alliance, not a legal business partnership) between Coach and Client that will inspire Client to maximize his or her potential. Coach will facilitate the creation of personalized goals and support Client throughout his or her achievement of those goals.
B. Client agrees that Coach is not and will not be liable or responsible for any Client action or inaction. Client understands that the role of Coach is not to provide medical care, lab testing, diagnosis of disease, or treatment of disease. Rather, Coach is a mentor and guide who helps Client make and reach his or her own health goals.
C. Client understands that Coach is not acting in the capacity of a doctor, licensed dietitian, licensed nutritionist, psychologist, or other licensed or registered professional and that any advice given by Coach is not meant to take the place of advice from these professionals. If Client is under the care of a healthcare professional or currently uses prescription medications, it is Client’s responsibility to discuss with his or her doctor any medical, physical, or other interactions that may result from recommendations made by Coach before beginning this program. At no point should Client discontinue any prescription medications without first consulting his or her physician. Client agrees to immediately consult with his or her doctor if he or she experiences any of the following side effects: diarrhea or any other change in bowel movements, upset stomach, nausea, vomiting, muscle or joint pain, numbness of any kind, dizziness, shortness of breath, allergic skin or other reaction of any kind, other symptoms resulting in any change or side effects that may bother Client. Client agrees that all of the aforementioned topics in 1-C are solely the responsibility of Client and are not the responsibility of Coach.
D. 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. It is 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 Client promptly inform the provider of the nature and extent of the coaching relationship agreed upon by Client and Coach.
E. Client understands that in order to enhance the coaching relationship, Client agrees to communicate honestly and be open to feedback and assistance. Client acknowledges that coaching is a comprehensive and challenging process. Client agrees that deciding how to handle any changes and incorporate coaching principles into his or her diet and lifestyle is exclusively Client’s responsibility.
2) Call Cancellation Policy
Client agrees that it is his or her responsibility to notify Coach at least 24 hours in advance if he or she must cancel or reschedule a phone conversation. If Client does not cancel/reschedule at least 24 hours in advance, Client may forfeit the call and not have the opportunity to reschedule it. If Coach must cancel or reschedule a call, Coach will reschedule a new appointment at Client’s convenience.
This coaching relationship—as well as all information (documented or verbal) that Client shares with Coach as part of this relationship—is bound by the principles of confidentiality. However, this Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions). Thus, communications are not subject to the protection of any legally recognized privilege. Coach agrees not to disclose any information pertaining to Client without Client’s written consent. Coach will not disclose Client’s name as a reference without Client’s consent. Confidential information does not include information that: (a) was in Coach’s possession prior to its being disclosed by Client; (b) is generally known to the public or in Client’s industry; (c) is obtained by Coach from a third party, without breach of any obligation to Client; (d) is independently developed by Coach without use of or reference to Client’s confidential information; (e) Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to Coach and as a result of such disclosure Coach reasonably believes there to be an imminent or likely risk of danger or harm to Client or others; and/or (g) involves illegal activity. Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with Coach in a timely manner.
4) Limited Liability
Except as expressly provided in this Agreement, Coach makes no guarantees, representation, 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 Coach be liable to Client for any indirect, consequential, or special damages. Notwithstanding any damages that Client may incur, Coach’s entire liability under this Agreement, and Client’s exclusive remedy, shall be limited to the amount actually paid by Client to Coach.
5) Entire Agreement
This document reflects the entire Agreement between Coach and 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 Coach and Client.
6) Dispute Resolution
Any dispute arising out of or related to this Agreement and any and all services provided related to this Agreement shall be resolved by binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association. It is agreed by all parties to this Agreement that the extent of any award surfacing from any dispute related to this Agreement will be limited to and shall never exceed the total of any fees paid to Coach by Client in this Agreement. Any award entered by the arbitrator may be confirmed in a court of competent jurisdiction. By agreeing to arbitration, Client consents to waive rights to a judicial forum and to trial by jury.
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.
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.
If the terms of this Agreement are acceptable, Client should purchase a one-on-one call with Coach. By doing so, Client acknowledges that: (a) he or she has received a copy of this Agreement; (b) he or she has had an opportunity to discuss its contents with Coach and, if desired, to have it reviewed by an attorney; and (c) Client understands, accepts, and agrees to abide by the terms hereof.
Misty Cassady aka Natural Skincare Chick
Natural Skincare Chick