Terms and Conditions
Taryn Dickey, LLC
COACHING CLIENT SERVICES
Terms & Conditions
By purchasing a coaching program package (“Program”), you are agreeing to the following terms & conditions. If you do not agree with these terms and conditions, do not complete your purchase. All purchases are non-refundable.
SECTION 1: SERVICES
- Service. Education, instruction, consulting, and/or coaching services (the “Program”) will be provided by the Coach, the manner of which shall be at the Coach’s sole discretion. Coach reserves the right to substitute services equal to or comparable to the Program for Client if the need arises. Details about the Program chosen by Client and related fee(s) are documented on the website.
- Scheduling. The dates and times of coaching sessions must be scheduled by the Client via the Coach’s online calendar. All coaching sessions will take place virtually via Zoom, or the then current video conferencing software or app selected by Coach.
In the event that Client must cancel or reschedule a coaching session, twenty-four (24) hours’ written notice is required. Sessions must be rescheduled within 30 days of the original session date, or shall be forfeited by Client. Notice may be sent by email to: [email protected].
SECTION 2: TERM AND TERMINATION
2.1 Term. This Agreement will become effective on the date of purchase and will
continue in effect until the end of the selected program.
2.2 Discontinuation of Coaching. Client may discontinue coaching at any time upon written notice to Coach at any time. Notice may be sent by email to: [email protected]. All Coaching Programs are non-refundable, and Client’s obligation to pay the entirety of the agreed-upon package price shall remain despite discontinuation of the Program. If Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Coach shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. If Client is in arrears of payments to Coach, Client shall be barred from using any of Coach’s services until Client’s account is made current and sessions will be suspended until payment is made.
Coach may terminate this Agreement if Client fails to make the monthly payments, and remains in arears for thirty days; if Client creates an unhealthy or hostile environment; if Client misses multiple or two consecutive sessions; if Client fails to reschedule a cancelled session within 30 days of such cancellation; or if Client fails to complete the package sessions within the allotted package length.
SECTION 3: COACHING RELATIONSHIP AND CLIENT RESPONSIBILITIES
3.1 Coaching Relationship. Client acknowledges that he/she has voluntarily sought coaching on his/her own initiative, and that he/she is under no obligation to accept or reject any of the coaching that he/she may receive from Coach.
3.2 Scope of Coaching. Client understands that coaching is a comprehensive process that may involve all areas of Client’s life including, but not limited to work, finances, health, relationships, education & recreation. Client acknowledges that deciding how to handle these issues, incorporating coaching into those areas, and implementing those choices, is exclusively Client’s responsibility.
3.3 Scheduling, Payment and Assignments. Client understands that prompt payment, punctuality, scheduling, and completing assignments, if any is part of Client’s commitment to coaching. Assignments, if any are included in the Program, are meant to serve Client and Client’s goals, and while Coach will assist Client with the tools to achieve her goals, Client acknowledges that she is accountable for her assignments.
3.4 Well-Being. Client is responsible for his/her own physical, mental and emotional well- being, decisions, actions and results. Client understands that professional coaching does not substitute for therapy, and does not prevent, treat, or cure any mental disorder or medical disease. As such, Client agrees that Coach is not and will not be liable for any action or inaction for any direct or indirect services provided by Coach.
3.5 Professional Relationship and Advice.
3.5.1 Client understands that “coaching” is a Professional-Client relationship Client undertakes with his/her coach that 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.
3.5.2 Client understands that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association.
3.5.3 Client understands that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and Client will not use it in place of any form of diagnosis, treatment or therapy and will seek independent professional guidance by the requisite relevant professional for such matters.
3.5.4 Client acknowledges that if he/she is in therapy or otherwise under the care of a mental health professional, that Client has consulted with the mental health care provider regarding the advisability of working with a coach and that this person is aware of Client’s decision to proceed with coaching.
3.5.5 Client understands that coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual, or other qualified professionals. Client will seek independent professional guidance for legal, medical, financial, business, spiritual or other matters. Client understands that all decisions in these areas are exclusively Client’s and acknowledges that his/her decisions and any actions regarding them are his/her sole responsibility.
3.6 Communication. Client agrees to communicate honestly, to be open to feedback and assistance, and to create the time and energy to participate fully in the program. Client will be provided access to the Voxer app, or whichever comparable app Coach implements in the future, for support throughout the duration of coaching, Monday through Friday. The Coach agrees to respond to the client within 48 hours of the Client initiating contact, excluding weekends and major US holidays.
SECTION 4: COMPENSATION
4.1 Fees & Payment. The Fees are set forth on the website. Payment can be made in full at the time of the execution of this agreement, or in scheduled monthly payments, as detailed in the package description on the website. Payment is accepted by credit card through Stripe and Kajabi. Monthly payments will be set to automatically charge each month for the duration of the package term.
4.2 Chargebacks and Payment Security. Coach 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 Coach, Coach 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 Coach’s account or cancel the credit card that is provided as security without Coach’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 Coach without notifying Coach in advance.
SECTION 5: CONFIDENTIALITY
5.1 Confidential Information Client is free to share whatever he/she chooses regarding the content of the coaching relationship. This coaching relationship, as well as all information (documented or verbal) that Client shares with Coach as part of this relationship, is bound to confidentiality. Coach agrees not to disclose any information pertaining to Client—
including the existence of this coaching relationship—without Client’s written consent.
Coach will not disclose Client’s name as a professional or personal reference without
Client’s consent. Client understands that certain topics may be anonymously and
hypothetically shared with other coaching professionals for training or consultation
purposes.
5.1.1 The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Coach agrees not to disclose, reveal or make use of any Confidential Information learned through its transactions with Client, during discussion with Client, the coaching session with Coach, or otherwise, without the written consent of Client. Coach shall keep the Confidential Information of the Client in confidence and shall safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft with at least the same degree of care in handling its own Confidential information.
SECTION 6: INTELLECTUAL PROPERTY AND LIMITED LICENSE
6.1 Ownership. Coach is the sole owner, or authorized licensee, of all intellectual property and other rights in and to the Program and all components and materials thereof, and any modifications thereto. Therefore, except as otherwise stipulated in an express written agreement, the Client specifically agrees s/he will not: (a) make any copies of, distribute, adapt, display, transmitting, create derivative works of or competitive or functionally equivalent products to the Program materials or components; (b) use the Program, or any components or associated materials thereof, other than as intended and authorized by this Agreement; or, (c) use any Program components or associated materials thereof to develop competitive or functionally equivalent Programs, trainings, materials or courses similar to those provided by Coach under the Program.
6.2 Right to Use Program Materials. Coach grants to Client a non-exclusive, limited to Client to use the Program Materials provided to Client by Coach in the course of the Program for Client’s own use.
This Section 6 shall survive the termination of the coaching relationship or expiration of the package term. In addition to any other remedies available under the law, Coach may seek injunctive relief to enforce this Section 6.
SECTION 7: MISCELLANEOUS
7.1 Earnings Disclaimer. Client acknowledges that Coach has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in any Program. Coach cannot and does not guarantee that Client will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, or Program Materials and Client accepts and understands that results differ for each individual. Coach also expressly disclaims responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through any of the Programs or Program Materials.
7.2 Legal and Financial Disclaimer. The Program and Program Materials are not to be perceived or relied upon in any way as financial or legal advice. The information provided through the Programs and Program Materials is not intended to be a substitute for professional advice that can be provided by Client’s own accountant, lawyer, or financial advisor. Coach is not giving financial or legal advice in any way. Client is hereby advised to consult with its own accountant, lawyer or financial advisor for any and all questions and concerns regarding income and taxes pertaining to Client’s specific financial and/or legal situation. Client agrees that Coach is not responsible for Client’s earnings, the success or failure of any business decisions, the increase or decrease of finances or income level, or any other result of any kind that Client may have as a result of information presented through the Programs and/or Program Materials. Client is solely responsible for Client’s results.
- Medical Disclaimer. Information presented is not to be perceived as or relied
upon in any way as medical advice or mental health advice. The information provided through the Programs and/or Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by a physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information received through the Program or from Coach. Do not stop taking any medications without speaking to a physician, nurse practitioner, physician assistant, mental health provider or other health care professional. Coach is not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. Coach is not giving medical or psychological advice whatsoever.
7.4 Warranties Disclaimer. COACH MAKES NO WARRANTIES AS TO THE PROGRAMS OR PROGRAM MATERIALS. CLIENT AGREES THAT PROGRAMS AND PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COACH DOES NOT WARRANT THAT THE PROGRAMS OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE. COACH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM OR MATERIALS.
7.5 Limitation of Liability. Except as expressly provided in this agreement, Coach makes no guarantees or warranties, express or implied. In no event will Coach be liable to Client for consequential or special damages. Notwithstanding any damages that Client may incur, Coach’s entire liability under this agreement, and Client’s exclusive remedy, will be limited to the amount paid by Client to Coach for services rendered up until the termination date.
7.8 Governing Law and Venue. These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any claims related to these Terms and Conditions, the Coaching relationship, the Program and/or Program Materials may only be brought before a court of competent jurisdiction in Plymouth County, Massachusetts.
