CAITILIN TWAIN COACHING
TERMS AND CONDITIONS
PLEASE READ CAREFULLY - THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS
This agreement (“Agreement”) is made and entered between C.Twain LLC (and together with its owner, Caitilin Twain, Health Coach ( “the Coach”), and the person who purchased private coaching with Caitilin Twain (the “Client”). By (1) clicking a box indicating acceptance, (2) executing an order form online or otherwise that references these terms and conditions, (3) executing this Agreement by signature, or (4) accessing or using the services, including free services, if any, Client agrees to the terms of this Agreement.
The purpose of this Agreement is to set forth the details of the Parties relationship so that each are clear as to respective roles and how communication will take place so that the relationship will be positive, productive, and comfortable.
THESE TERMS AND CONDITIONS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
THEREFORE, by booking private coaching with Caitilin Twain, the Coach and the Client hereby acknowledge and agree to the following:
1. TERMS
a. During the term of this Agreement, the Coach agrees to provide consultations in accordance with the specific services set forth in the Private Coaching Package as outlined in Attachment A .
b. The services to be provided by the Coach to the Client are coaching as designed jointly with the client. Health coaching, which is not advice, therapy or counseling, may address specific personal projects, business, or general conditions in the Client’s life, health, or profession.
c. Client is aware that Coach does not solve medical issues nor treat disease and is therefore not a replacement for client’s therapist or physician. If Client is presently under any form of psychiatric care or specialized medical supervision, Client is to inform Coach prior to working together.
d.Coach and Client agree upon the Package through which consultations, preparation, and follow-up work (if necessary) are conducted. Dates and location are chosen collaboratively and adhered to upon signing the agreement.
e. Client agrees to cancel or reschedule a session more than 24 hours prior to scheduled session. If Client does not reschedule prior to this time, that session will be forfeited. Client may gift their session to someone who can make their time slot and location in order to avoid forfeiting that session, so long as they sign or otherwise agree to this Agreement.
2. METHODOLOGY. Coach will employ a range of methodologies, including coaching or mentorship. Client agrees to be open-minded and partake in the methods proposed. Client understands that the Coach makes no guarantees as to the outcome of the sessions or package.
3. PAYMENT.
a. The Client will make payment via website or other agreed-upon method as outlined in Attachment A.
b. So that Client is fully invested in this Package, no refunds will be issued.
c. Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Coach will charge the credit card chosen by the Client on the dates and for the amounts specified in Attachment A. No sessions will be held until payment is made. We may use third party payment processors (“Payment Processor”) for payment services (e.g., card acceptance, merchant settlement, and related services) and to better protect your payment information. By paying for coaching services and other products or services, you agree to be bound by the applicable Payment Processor’s terms and conditions, privacy policy, and any other terms and policies and authorize us and the Payment Processor to share any information and payment instructions you provide with your Payment Provider and any other Third-Party Service provider(s) solely as required to complete your transactions.
4. DISCLAIMERS. By participating in health coaching services, Client acknowledges that Caitilin Twain is not a medical doctor, psychologist, and/or therapist, and services do not replace the care of other professionals. Health coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement. The Coach may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Coach strongly encourages the Client to consult with their doctor before making any lifestyle changes. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
The Coach may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future result that may be derived as a consequence of the use of Coach’s website, programs, products, or services.
Client understands that coaching is, at present, an unregulated industry and that Coach is not licensed by any state for such coaching services.
Client understands that all comments and ideas offered by Coach are solely for the purpose of aiding Client in achieving Client’s defined goals. Client acknowledges that Client has the ability to give informed consent, and hereby gives such consent to Coach to assist Client in achieving such goals.
5. CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, coaching sessions, or otherwise. Client acknowledges that Coach may share confidential information or coaching sessions with Coach’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement. 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 shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
6. RECORDING OF CALLS/ZOOM SESSIONS. Client acknowledges that calls may be recorded for purposes of fulfilling this Agreement. The sharing of any portion of the recording shall be done only with the prior written consent of both parties. Client understands that the use of technology is not always secure and Client accepts the risks of confidentiality in the use of email, text, phone, Zoom and other technology.
7. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights, and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for the personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coach to provide the Services and the products, systems, programs, or processes, produced by the Coach pursuant to this Agreement.
8. DISCLAIMER OF WARRANTIES. THE SERVICES PROVIDED TO THE CLIENT BY THE COACH UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED, OR STATUTORY; INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
9. INDEMNIFICATION. Client shall indemnify, defend, and hold harmless Coach, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the Client or any party under direction or control of the Client, b) a material breach of this Agreement by the Client, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of Coach, or its clients.
Client hereby releases, waives, acquits and forever discharges Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages Client may claim to have or that Client may have arising out of acts or omissions by myself or by Coach as a result of the advice given by Coach or otherwise resulting from the coaching relationship contemplated by this Agreement. Client further declares and represents that no promise, inducement or agreement not expressed in this Agreement has been made to Client to execute this Agreement. This Agreement shall bind Client’s heirs, executors, personal representatives, successors, assigns, and agents. Client will reimburse each indemnified party on an as incurred and current basis in advance of the final resolution of any such claim, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred such indemnified party in connection with the foregoing indemnity.
10. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth hereinbelow. 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. Neither Client nor any of Client’s associates, employees, or affiliates 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 statements 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, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
11. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Albany, NY, or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.
12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, regardless of the conflict of laws principles thereof.
13. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
14. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, or changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.
BY PURCHASING PRIVATE COACHING WITH CAITILIN TWAIN AND INTENDING TO BE LEGALLY BOUND HEREBY AND UNDERSTANDING THIS DOCUMENT TO BE A COMPLETE WAIVER AND DISCLAIMER IN FAVOUR OF THE RELEASEES I HEREBY AGREE TO THE TERMS AND CONDITIONS STATED ABOVE.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below, to be effective as of the latest date signed below.
CLIENT: COACH:
C.Twain LLC
By: By:
Name: Name:
Date: Date:
ATTACHMENT A
● Initial Consult, 90 minutes, $300
● Single 1:1 Session, 60 minutes, $225
- 5 Class Pack, 5 X 60 min. sessions, $1000, must be used within 2 months of the first session.
- 3-Month Intensive. $4000
All sessions include a customized plan for the following week, should the Client require such a plan. This plan may include links to videos and other resources to help guide Client. Client can access their customized plan, log practice sessions and track their progress all in the student portal.