The following Transformation Coaching Terms & Conditions (“TAC” or “Agreement”) are entered into by and between you (“You,” “Member,” “Members”) and Open Lotus Productions (“Company”) for Transformation Coaching services (“Coaching”) with Transformation Club founder and life coach, Stacy Zemon (“Coach.”)
1) Coach-Member Relationship
a. Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Member in a thought-provoking and creative process that inspires the Member to maximize personal potential. It is designed to facilitate the creation/development of personal goals and to develop and carry out a strategy/plan for achieving those goals.
b. Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation (“ICF”.)
c. Member is solely responsible for creating and implementing her/his own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and her/his coaching calls and interactions with the Coach. As such, the Member 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. Member 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.
d. Member acknowledges that coaching is a comprehensive process that may involve different areas of her or his life, including but not limited to spirituality, personal development, work, finances, health and relationships. The Member agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Member’s responsibility.
e. Member 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 Member’s exclusive responsibility to seek such independent professional guidance as needed. If Member is currently under the care of a mental health professional, it is recommended that the Member promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Member and the Coach.
f. The Member understands that in order to enhance the coaching relationship, the Member agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully with the Coach.
The parties agree to engage in seven (7) Coaching sessions spread out over a two (2) to three (3) month time period. Coach will be available to Member by e-mail and voicemail in between scheduled sessions.
3) Schedule and Fees
This Agreement is valid as of the date Member pays for Coaching services by credit or debit card, or through PayPal or PayPal credit (restrictions apply according to their terms and conditions.) The total fee for services is one thousand two-hundred and fifty ($1,260.00) dollars. Coaching sessions shall be sixty (60) minutes long.
4) Cancellation & Refund Policy
Member agrees that it is her/his responsibility to notify the Coach at least twenty-four (24) hours in advance if an emergency arises and a session needs to be rescheduled. The date and time for the rescheduled session shall be mutually agreed upon by the parties. There are no refunds for Coaching services, and Coaching sessions are non-transferable.
Coaching shall occur according to a mutually agreed upon schedule of dates and times by the Coach and Member, and shall take place by telephone or on Zoom Video Conferencing, which ever the Member prefers. If by phone, the Member will initiate all scheduled calls and will call the Coach at the following number for all scheduled sessions 856-312-8909. If by Zoom, the Coach shall email the Member a meeting link. Member will be notified prior to the scheduled appointment time.
This coaching relationship, as well as all information (documented or verbal) that the Member shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics; however, the Coach-Member relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Member without the Member’s written consent. The Coach will not disclose the Member’s name as a reference without the Member’s consent. Confidential Information does not include information that:
a. Was in the Coach’s possession prior to its being furnished by the Member; b. Is generally known to the public or in the Member’s industry;
c. Is obtained by the Coach from a third party, without breach of any obligation to the Member;
d. Is independently developed by the Coach without use of or reference to the Member’s confidential information; or
e. The Coach is required by statute, lawfully issued subpoena, or by court order to disclose;
f. Is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Member or others; and
g. Involves illegal activity. The Member also acknowledges her or his continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
Either the Member or the Coach may terminate this Agreement at any time with or without cause, and a notice of termination shall be delivered by email from either party. In such an eventuality, no refund for prior payment shall be issued to the Member.
8) Limited Liability
Except as expressly provided in these TAC, 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 Member for any indirect, consequential or special damages. Notwithstanding any damages that the Member may incur, the Coach’s entire liability under this Agreement, and the Member’s exclusive remedy, shall be limited to the amount actually paid by the Member to the Coach under this Agreement for all coaching services rendered through and including the termination date.
9) Entire Agreement
This document reflects the entire agreement between the Coach and the Member, 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 the Coach and the Member.
10) Dispute Resolution
In the event an unresolvable dispute arises between the Coach, Company and the Member, it is hereby agreed that the dispute shall be referred to United States Arbitration & Mediation for arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
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 these TAC.
13) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey, without giving effect to any conflicts of laws provisions.