This Client Agreement is entered into between Claudine Foudray Coaching, a Sole Proprietorship in the state of Arizona (“Company”), and the client (“Client”). This Client Agreement outlines the relationship between Company and Client and defines how the parties will work together.
For good and valuable consideration, Client agrees to purchase Break Through Mormon Conditioning 2021, a coaching services package, (“Coaching Package”) from Company. In exchange, Company agrees to provide coaching services for Client, using appropriate techniques in accordance with Client’s needs and in alignment with Company’s role as a life coach, with details as outlined below.
One session consists of a 75-minute call during which I will be available to you for the full duration. The session may go longer, at my sole discretion, but it is not guaranteed. Please give our coaching calls your full attention, finding a place where you can talk freely and without distraction. This will maximize what you take away from the program.
Email coaching is available during your participation in my program. If you have a question or something on your mind that you want help with in between our coaching sessions, email me and I will respond within 48 hours. You can email me as often as you need. This is a form of coaching that many people find helpful.
SCHEDULING AND CANCELLATION POLICY
Please use the scheduling link sent in the email you received after completing your purchase. I recommend that you book all sessions as soon as possible. If the hours that I have offered are not convenient, please contact me and we can discuss possible alternate times.
I have a 24-hour cancellation policy. If you want to reschedule a session, that is fine! Please give make changes at least 24 hours prior to the session. If less notice is given, you will not be able to reschedule unless you have an unexpected emergency such as a sudden illness, car accident, etc.
If you are late, our session will still end at the scheduled time.
You (“Client”) are solely responsible for creating and implementing his/her own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach.
COACHING IS NOT THERAPY
Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. 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 and that it is the 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 the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility.
DISCLAIMER, FULL DISCLAIMER INCORPORATED BY REFERENCE
Nothing in the Services is intended to constitute or should be relied upon as mental health, medical, financial, business or legal advice. Client understands that Company is not a psychologist’s office, psychiatrist’s office, therapist’s office, mental health practitioner’s office, physician’s office, naturopath’s office, licensed dietitian’s office, other licensed or registered healthcare professional’s office, accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such. Nothing in the Services is intended to be a substitute for professional advice from a healthcare professional or licensed business professional. Company is providing services only in the capacity as a life coach, not as a licensed mental health, medical, financial or business professional. Coaching is in no way to be construed as psychological counseling, therapy or medical advice. Company’s Services are intended to provide Client with tools to implement and use in Client’s own life for self-help.
Client has read, understands and consents to be bound by Company’s full Disclaimer, located here, which is incorporated here by reference.
This Client Agreement is a mutual non-disclosure agreement with both Company and Client agreeing not to disclose or make use of any confidential information learned about or through the other party. This mutual non-disclosure agreement survives the termination of this Client Agreement. Any violation of this non-disclosure agreement may result in legal action against Client.
Throughout the Services, Client will share private and confidential information with Company, for Client’s personal benefit and Company agrees not to disclose such confidential information to any third parties. Client may authorize Company to disclose such information in writing.
A reserved exception to this is if Company is required by law to disclose information shared by Client, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Client, Company, a third party, or to respond to an emergency. In such event, Company will limit disclosure to essential information.
Throughout the Services, Company will share proprietary and confidential information with Client, for Client’s personal benefit, including, but not limited to, personal information, financial information, strategies, techniques, original work, and other unpublished information. Client agrees not to disclose such confidential information to any third parties.
All information shared in group coaching sessions and in the social media group by Company or other group members is confidential. Client agrees not to disclose any information learned by, through or about any other group members.
Client and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.
Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Services, unless otherwise stated, including but not limited to, documents, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Client or specifically created for Client.
By purchasing the Services, Client is granted one limited, revocable, non-transferable license to view, read, download, print and use the materials and content for Client’s personal benefit only, as directed by Company. All intellectual property rights remain with Company, nothing in this Client Agreement shall constitute a transfer of intellectual property ownership.
Client agrees not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent. If a violation of this provision is discovered or suspected, Company may terminate this Client Agreement, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law.
Client will receive a full refund if Client sends a request in writing (or email) within 14 days of purchase. After 14 days, client will receive up to $100 (at Company’s discretion) for each unused coaching session
Client understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy.
Client further understands that if Client cannot participate in the Services, all payments are still due under this Agreement. Any chargeback or threat of chargeback made by Client will result in immediate termination of Client’s access to the Services and an additional $150 fee to Client.
NO GUARANTEES, NO WARRANTIES
Client is participating in the Services voluntarily and understands that Company makes no guarantees regarding Client’s results with the Services. Client agrees that Company is not responsible and Client does not have a cause of action, legal remedy or an entitlement to a refund if Client does not achieve the desired result, or if there are errors or omissions in the Services.
The Services are provided “as is,” and, except for the express warranties in this Client Agreement, are offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement. Client’s participation is voluntary and agrees not to hold Company responsible if Client becomes dissatisfied with the Services. The Services are intended for a general audience and are not in any way specific advice tailored to any individual.
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations, 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 the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
ASSUMPTION OF RISK
Client understands that the Services may include participation in lifestyle strategies, which include inherent risks of negative results. Client confirms that during the Services with Company, Client will always have the opportunity to consult with a licensed mental health professional or licensed business professional before acting on any Content of the Services. If Client chooses not to speak to a licensed mental health professional or licensed business professional, Client assumes all risks of use or non-use of Company’s Content and agrees not to hold Company responsible for any harm, injury or other negative result.
LIMITED LIABILITY, INDEMNIFICATION
Client agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from this Client Agreement or the Services, including any negative life, health, well-being, financial, business or career results, and Company expressly excludes such liability to the fullest extent of the law. In no event shall Company’s liability exceed the fees paid under this Client Agreement.
Client agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to this Client Agreement or Services.
Claudine Foudray Coaching shall not be liable for any costs or damages due to delay or nonperformance of this Client Agreement due to a Force Majeure, including acts of God, acts of people, government imposed restrictions and safety measures, quarantines, travel suspensions, and any other event beyond Claudine Foudray Coaching’s control, whether foreseen or unforeseen.
This Client Agreement shall be construed in accordance with, and governed by, the laws of the State of Arizona as applied to contracts that are executed and performed entirely in Arizona, regardless of Client’s location. The exclusive venue for any legal proceeding based on or arising out of this Client Agreement shall be Maricopa County, Arizona.
DISPUTE RESOLUTION, LITIGATION EXPENSES
Should any dispute arise between Client and Company, it would be preferable to work it out amicably, but if that is not possible, Client acknowledges and agrees that the dispute will be resolved by the American Arbitration Association, in Maricopa County, Arizona. Client agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law. Client acknowledges and agrees that any Arbitration must be commenced within one year of the date of the grievance, or forfeited forever.
Client understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company. NO AWARD OF ANY CONSEQUENTIAL, PUNITIVE, SPECIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO CLIENT.
If any legal action is brought because of an alleged dispute regarding this Client Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.
ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT
Client and Company agree that this Client Agreement constitutes the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals. Client understands that any expectation regarding the Services, which is not specifically included in this Client Agreement is not included in the Services.
Client agrees that no waiver of any of the provisions of this Client Agreement shall be deemed, or shall constitute, a waiver of any other provision of this Client Agreement, nor shall any waiver constitute a continuing waiver.
Client agrees that this Client Agreement is not to be altered, amended, extended or considered waived in any way, except in writing, with an additional Addendum, signed by both Client and Company, or by an authorized signatory for either party.
If any term of this Client Agreement is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.
This Client Agreement is not assignable, delegable, sub-licensable, or otherwise transferable.
All notices, requests, demands, and other communications regarding this Client Agreement shall be in writing, sent via the US mail, addressed as follows:
Claudine Foudray Coaching
PO Box 40903
Mesa, AZ 85274
Last updated 26 July 2021