Client Terms & Conditions
StephanieLauraCoaching.com
By purchasing the service or product, you (herein referred to as "client") agree to the following terms stated herein as they apply to your purchase.
Service
TasteofGood.com (herein referred to as “Company”) agrees to provide services of a [Private Life/Health Coaching 45-Minute Coaching Session] (herein referred to as “Service”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Service.
Disclaimer
Client understands Company and it’s subsidiaries, owners, principals, directors, executives, employees, staff, or agents are not lawyers, doctors, managers, therapists, business managers, registered dieticians, financial analysts, psychotherapists or accountants. Client understands their participation in this Service will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Client understands that the Service is not a substitute for health care, medical or nutritional advice of any kind. Client understands and agrees that Client is fully responsible for his/her dietary, mental and physical choices and decisions during the Service. Client agrees to seek medical advice as determined by their own judgment before starting this or any other Service or discontinuing use of any medications as prescribed by their medical practitioner.
Client understands that all suggestions offered by Company are solely for the purpose of aiding Client in achieving Client’s defined goals. Client has the ability to give their informed consent, and does hereby give such consent to Company to assist in achieving such goals.
Additionally, the services are offered on an "as is," "where is," and "where available" basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
Client acknowledges that neither Company, its affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the services, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Service.
Client understands that Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any results of any kind. Client agrees that its results are dependent on various factors and in no way dependent on any information Company provides to Client.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that Company is not responsible for any loss, property damage, or bodily injury, caused by use of the Service. To the maximum extent permissible under applicable law, Company will not be responsible to Client or any third party claims through Client for any direct, indirect, special or consequential, economic or other damages arising in any way out of use of the Service.
Structure
The Service shall include: [One (1) 45-Minute Coaching Session]
Length
Client must schedule their scheduled appointment (“Session”) within a [three hundred and sixty-five (365) day] period following the date of payment (herein referred to as “Commitment Period”). Client understands all benefits shall expire at the end of the Commitment Period, and will not be carried-over. All of Client’s benefits must be used during the Commitment Period.
Fees
The total cost shall be [stated at time of purchase] in Dollars (“USD”) payable in full prior to the Service being rendered.
Method of Payment
Client shall pay by payment options provided on website TasteofGood.com at time of booking.
Refund Policy
Client shall be entitled to a full refund upon at least [forty-eight (48) hours] written notice to Company prior to the Client’s Scheduled Session. After that period, Client shall be responsible for full payment of fees for the entire Service, regardless of whether Client completes the Service. To receive a refund, Client must provide [forty-eight (48) hour] written notice to Company and submit a written refund request to Company at [stephanie@tasteofgood.com]. All refunds are discretionary.
Time with Company
Client shall contact Company in agreed upon format (Skype, phone call, etc.) at the scheduled time of the Session. Client understands that Session will end at the appointed time even if Client is late for the Session.
Client also understands that if Client is more than [fifteen (15) minutes] late to a scheduled Session, then the Session shall be forfeited with no refund. If Client has to reschedule Client will do so with a minimum of [forty-eight (48) hours] notice. Failure to do so will result in forfeiture of scheduled Session. Company will accommodate emergencies on a case-by-case basis.
Client understands all available times for appointments are at the sole discretion of the Company. If the schedule changes at any time, Company will notify Client. All calls are stated in Eastern Standard Time.
Company reserves the right to keep detailed documentation (“Log”) of client’s name, email, phone number, as well as the number of Sessions with Company; No private information will be shared from any Session. The Log will only be viewed by a confidential certification committee and is for the purposes of continuing education/accreditation. If Client does not wish to have their Sessions logged for training purposes, Client must provide Company written notice stating so.
Communication with Company
Company welcomes communication via email. For questions regarding scheduling or the Service, please email: [stephanie@tasteofgood.com]. Company will answer your questions [regularly during non-holiday and non-vacation weeks]. Client understands that email sent on a weekend or holiday may receive a response on [the following business day].
Confidentiality
The Company respects Client’s privacy and insists that Client respects the Company’s. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, calls or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with the Company during the Service. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Both parties understand and agree that neither party is granted the right to record any Session. This restriction of rights is in connection with any recording whatsoever, either in audio, visual, or any other form.
Further, Client agrees that if they violate or display any likelihood of violating this section the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Company takes your health and safety very seriously. If Client threatens his/her own life, or the life of another, Company reserves the right to immediately call 911 or Client’s local emergency services and disclose any Confidential Information necessary to assist anyone, upon Company’s sole determination, who is at a high risk for losing or taking a life.
Non-Disclosure of Materials
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
No Transfer of Intellectual Property
Company's Service is copyrighted and the original materials that have been provided to Client are for Client's individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company's copyrighted Service and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company's materials is granted or implied.
Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Client Responsibility
Client accepts and agrees that Client is fully responsible for their progress and results from the Service. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the Service and extent, the results experienced by each Client may significantly vary. Client acknowledges there is no guarantee that Client will reach their goals as a result of participation in the Service.
Force Majeure
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Severability/Waiver
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
Miscellaneous
A) Limitation of Liability. Client agrees they used Company’s Service at their own risk and that the Service is only an educational service being provided. Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable.
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 Service or enrollment in the Service. Client knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Client may sustain as a result of participating in this Service.
Client further declares and represents that no promise, inducement or agreement not herein expressed has been made to Client to enter into this release. The release made pursuant to this paragraph shall bind Client’s heirs, executors, personal representatives, successors, assigns, and agents.
B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. This Agreement may not be assigned by the Client, without express written consent of Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
D) Termination. Client agrees that Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s access to Service without refund if Client become disruptive to Company, difficult to work with or upon violation of the terms as determined by Company. Client shall still be liable to pay the total contract amount. Client also agrees that Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s access to Service at any time for any reason, given Company shall provide Client a prorated refund for the price of any unused sessions.
E) Indemnification. Client shall defend, indemnify, and hold harmless Company, Company’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 Service, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
F) Resolution of Disputes. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement shall be submitted to mediation in Colorado in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute, any outstanding issues shall be submitted to and under the jurisdiction of the American Arbitration Association in Colorado. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving breach of contract claims against or unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
G) Equitable Relief. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
H) Notices. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, "personal delivery" includes notice transmitted by fax or email. Email: stephanie@tasteofgood.com
I) Effect of Headings. Headings contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret or limit the scope or intent of any part of this Agreement.
J) Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
K) Controlling Law. This Agreement shall be governed by and construed in accordance with the state of Colorado.