Client Agreement


By entering into this partnership, I the “Coach,” and you the “Client” are agreeing to the following terms and conditions.  

CLIENT PARTNERSHIP

Client is solely responsible for implementing her/his own decisions, choices, actions, and results arising out of or resulting from the partnership and his/her work 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

Client further acknowledges that s/he may terminate or discontinue the partnership at any time.

The Client understands that in order to enhance the partnership, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the partnership.

SERVICES

Client and Coach agree to engage in a partnership through calls and/or video sessions. 

Coach will be available to Client by email in between scheduled sessions. Per Client’s request.

Coach may also be available for additional sessions outside of original agreement at an ad hoc rate which will be agreed upon beforehand. 

SCHEDULE

The time and location of the coaching sessions will be mutually agreed upon by Coach and Client. The Coach will initiate all scheduled calls and will call the Client directly or both parties will use a meeting dial-in or link.

CANCELLATION POLICY

It is the Client's responsibility to notify the Coach of a cancellation at least 24 hours in advance of the scheduled session. If a meeting is canceled without advanced 24 hours notice or missed completely by Client, Coach is not obliged to reschedule or refund the session. Likewise, Coach will give the Client at least 24 hours notice when rescheduling.  

LATE POLICY

If Client is late for a session, Coach will try to extend the end time but if this is not possible, the session will end at the scheduled time and Coach will not be obliged to refund Client for missed time. In the unlikely event that the Coach is late, Coach will make up the time and provide bonus time to accommodate for the inconvenience.

PAYMENT

Payment is to be made via website checkout page or Paypal at least two (2) days or 48 hours prior to commencing sessions. If payment is not received within 48 hours, the session will be rescheduled.

Payment includes services outlined on the checkout page. Client is responsible for any added taxes or duties when applicable. Likewise, Client is responsible for any phone, WiFI, travel, accommodation expenses along with any other expenses incurred by participation in the partnership.

REFUNDS

To ensure Clients receives the best experience possible, all first-time Clients are eligible for refunds on their first session. Because continuing and ongoing Clients will already have had an opportunity to experience the service, all future sessions (after the first session) will not be eligible for refunds.

DIGITAL PRODUCTS AND PHYSICAL GOODS

All digital products and physical goods are subject to their own terms, conditions and refund policies, which will be indicated on their respective sales and checkout pages. Client is responsible for accurately entering personal information including email address and physical address at checkout. Orders will be fulfilled by the method and date outlined on the sales page unless otherwise noted.

CONFIDENTIALITY

This partnership, as well as all information (documented or verbal) that the Client shares with the Coach as part of this working relationship, is bound to confidentiality.

Confidential information does not include information that: (a) was in the Coach's possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’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 Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

RECORD RETENTION POLICY

The Client acknowledges that the Coach has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the partnership. Such records will be maintained by the Coach.

TERMINATION

Either the Client or the Coach may terminate partnership through two-week written notice. Client agrees to compensate the Coach for all services rendered through and including the effective date of termination of the partnership. 

LIMITED LIABILITY

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 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 services rendered through and including the termination date.  

ENTIRE AGREEMENT

These terms reflect the entire agreement between the Coach and the Client and reflect 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 and agreed upon by both the Coach and the Client.

SEVERABILITY

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.

WAIVER

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 this Agreement.

APPLICABLE LAW

This Agreement shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws provisions.

BINDING EFFECT

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

This agreement shall be deemed to include all others contained on the website, including our Terms & Conditions and Privacy Policy.

If you have any questions, please contact hello@darabelliott.com.