Group Coaching Terms and Conditions

Group Coaching Terms and Conditions

Coaching Agreement

This Coaching Agreement (this “Agreement”), dated as of 2/1/22 (the “Effective Date”), is by and between you (the “Client”) and SCJ Coaching, LLC, a California limited liability company (“Coach”).

WHEREAS, Coach is in the business of providing coaching services related to neuroplasticity and spiritual formation; and

WHEREAS, Client desires to retain Coach to provide said coaching services, and Coach is willing to perform such coaching services under the terms and conditions hereinafter set forth;

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Coach and Client agree as follows:

Client-Coach Relationship. An effective coaching relationship requires mutual understanding and respect between the Coach and the Client. That requires the parties to agree to some basic tenets of coaching, including:

Coach and Client agree to communicate honestly, to be open to feedback, and to make time and space to participate fully in the coaching sessions called for hereunder. Client specifically agrees to be open to coaching.

Coaching does not involve the diagnosis or treatment of any medical or mental disorders and does not prevent, cure, or treat any mental disorder or medical disease. Further, coaching is not a substitute for therapy, counseling, psychoanalysis, medical treatment, substance abuse treatment, or the advice or services of a medical professional. It is the Client’s responsibility to seek independent guidance from medical professionals to the extent necessary.

By participating in the coaching, you agree to accept personal responsibility for the results of your actions. You agree that the Coach has not made any guarantees about the results of taking any action, whether recommended during any coaching session or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Coach.

Services.

The parties shall engage in weekly coaching meetings each of which will last one hour and will be conducted over Zoom. Coach will send the group occasional emails with relevant handouts and meeting information. Access to Coach with questions between sessions is not available as part of group coaching.

Fees. In consideration of the provision of the Services by the Coach, Client shall pay

A package of ten sessions with a single payment of $412. In the event that Client fails to make any such payment, their access to coaching sessions will stop until the payment is made, at which point the Coach shall determine in Coach’s sole discretion whether or not to continue providing the Services to Client.

Confidentiality. The Coach shall treat the relationship with Client, as well as all information shared by the Client, as confidential. Coach shall not disclose the existence of the relationship or any information shared during the coaching sessions without the Client’s written consent. This means that the Coach will not disclose the Client’s name as a reference without the Client’s consent. Any coaching session recordings the Client is given shall not be shared anywhere with anyone else.
Timeliness. Because Group Coaching sessions have more than one group coaching client present, sessions will begin on time, every time. Client is therefore advised to join the Group Coaching Sessions at least 5 minutes prior to the scheduled time by using the video conference link supplied by Coach prior to the meeting.
Refund Policy. Coaching Fees charged under this Agreement are non-refundable, and refunds will be given after Coach has commenced work pursuant to this Agreement. Partial refunds, if requested by Client for good cause prior to the commencement of the Group Coaching Program, may be given at Coach’s sole discretion, subject to an administrative and cancellation fee of 30% of the fees already paid.
Keeping Appointments. Coaching is a commitment and Client is encouraged to attend all Group Coaching Sessions, as lack of attendance may negatively impact Client’s results.
Client Tardiness and Missed Appointments. Client acknowledges and understands that he/she is signing up for Group Coaching Sessions and as such, they cannot be re-scheduled or made up by Client. If Client is late for or misses a Group Coaching Session, the missed time will not be made up.

If Coach needs to reschedule a session, Coach will give Client no less than 24 hours’ notice, unless an emergency or illness occurs barring such notice.

Client should be aware that a coach-client relationship does not give rise to privilege or any other legally protected confidentiality. That means that Coach could be ordered by a court to disclose information related to the relationship. Coach will notify Client of any legal request that would implicate Client’s information prior to disclosing it but may not be able to oppose disclosing the information.

Confidential Information does not include information: (a) known to Coach prior to Client disclosing it; (b) that is generally known to the public or in the industry; (c) obtained by Coach from a third party, without breach of any obligation to the Client; or (d) that is or was developed independently by Coach without use of or reference to the Client’s confidential information.

Limitation of Liability. IN NO EVENT SHALL COACH BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. FURTHERMORE, TO THE GREATEST EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF COACH FOR ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, JUDGMENTS, LOSSES, DAMAGES, COSTS, FEES (INCLUDING REASONABLE ATTORNEY’S FEES), AND EXPENSES ARISING OUT OF, PERTAINING TO, OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, SHALL BE LIMITED TO TWO THOUSAND DOLLARS ($2,000).
Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction (or an arbitrator) to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.
Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
Release and Waiver of Claims. As consideration for Coach further providing the Service hereunder, Client hereby releases, waives, acquits, and forever discharges Coach, and its members, managers, representatives, employees, and agents (collectively the "Released Parties") of and from any and all liabilities, claims, actions, causes of action, claims, demands, damages, judgments, losses, injuries, costs, fees (including reasonable attorneys’ fees,), expenses, and losses (collectively the “Claims”), whether known or unknown, pertaining to, on account of, or in any way arising out of any act and/or omission on the part of the Released Parties occurring at any time that arises out of, directly or indirectly relates to, or is in connection with the Activities, the Services provided hereunder, or this Agreement.

It is understood and agreed that the Client waives all of his or her rights under Section 1542 of the Civil Code of California, which provides as follows:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Client expressly waives any and all rights which he or she may have under California Civil Code section 1542, or any other state or federal statute or common law principle of similar affect pertaining to the Activities, the Services provided hereunder, or this Agreement.

Dispute Resolution. Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through arbitration before ADR Services, Inc. (under their applicable ADR Rules) to be held in Orange County, CA. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. This Agreement shall be governed by and construed in accordance with the laws of California without effect of any conflicts of law provisions.
Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.
Voluntary Participation. Client acknowledges and understands that his or her participation in the Services provide by Coach are entirely voluntary and he or she may terminate this Agreement pursuant to the termination section above. Client has not relied upon any written, oral, or posted representations or warranties by Coach in relation to Client entering into this Agreement.
Client’s Representations. Client represents and warrants as follows: (a) Client is, and will continue to be, in compliance with any and all rules and eligibility requirements imposed by Coah; (b) Client understands that Coach is not in the business of providing medical or other healthcare treatment or advice and Client will be solely responsible for his or her own medical care, healthcare, and treatment; (c) Client understands that Coach has no duty or responsibility, and will not be providing, any medical or other healthcare treatment or advice; (d) Client has been examined by his or her physician within the past twelve (12) months and his or her physician has determined that Client is in sufficient physical and mental health to participate in the Service being provided by Coach and has been cleared by his or her physician to do such; (e) Client will continue to be seen by his or her own physician to monitor his or her own physical and mental condition before, during, and after the Services provided by Coach; (f) Client understands that his or her participation in the Services may involve strenuous physical, mental, and/or emotional activities (the “Activities”); (g) Client understands the inherent risks and dangers associated with the Activities and further understands that any claims related to such are being expressly released and waived by Client under this Agreement; (h) Client has not relied upon any representations or warranties by Coach in relation to this Agreement or the Services being provided hereunder; and (i) Client will comply with any and all instructions and guidelines provided by Coach.

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