COACHING AGREEMENT

This Coaching Agreement (the “Agreement”) is entered into by and between you (the “Client”) and New York Life Coaching LLC (“we”, “Service Provider”), each a “Party” and collectively, the “Parties”.

The Client and Service Provider agree as follows:

The Client is committed to working with Service Provider for twelve weeks, including Nine 60-minute private video sessions held three times a month and limited support in between via text/email access on weekdays. (Collectively, “Services”).

The payment for services is required in advance and non-refundable. Sessions must be completed within six months from the date of payment.

The Client understands that coaching is distinctly different from counseling and psychotherapy, and that it does not deal with the diagnosis or treatment of clinical emotional disorders as defined by the American Psychiatric Association. By signing this Agreement, the Client certifies that Services shall not be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other legal, medical, or other qualified professional advice and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed.

RESCHEDULING POLICY

To reschedule coaching sessions, the Client must notify via email or text message at least 24 hours prior to the scheduled session. If a session appointment falls on a Monday or the first business day after a holiday or weekend, the Client must reschedule 48-72 hours in advance. In the event of a cancellation or a missed session within 24 hours of the appointment, the client will be charged the full payment for the session.

Similarly, should the client request to reschedule a coaching session less than 24 hours prior to the originally scheduled time, they shall be charged the full session fee.

Furthermore, rescheduled sessions must not occur within the same week as the originally scheduled session.

If rescheduling less than 24 hours before the session occurs more than three times, the program shall be automatically terminated without a refund.

COMMUNICATION BETWEEN CLIENT AND SERVICE PROVIDER

Service Provider will send an e-mail reminder for each session at least 24 hours before the scheduled meeting. The Client is responsible for checking their e-mails and completing any suggested forms prior to the sessions.

Service Provider is not obligated to provide support to the Client outside of e-mail communication. Responses to client text messages and calls will be at the discretion and availability of Service Provider.

In case of physical, emotional/mental distress, or medical emergency, the Client should contact appropriate emergency hotline services or dial 911.

PRIVACY POLICY
Service Provider respects the Client’s privacy and will not disclose any information you provide unless the Client requests otherwise in writing. However, the Coach-Client relationship is not considered a legally confidential relationship (as in the medical and legal professions), and thus communications are not subject to the protection of any legally recognized privilege. The Client understands that the use of technology is not always secure and accepts the risks of confidentiality in using email, text, phone, Zoom, and other technology.

DISCLAIMERS
Any statements outlined in the Services are provided for informational and educational purposes only and do not constitute guarantees or promises of actual performance. By signing the Agreement, the Client accepts and agrees, that the results from the participation in the Program are the Client’s sole responsibility. Service Provider offers no representations, warranties, promises, or guarantees verbally or in writing regarding the Client’s results, revenues, earnings, income, cash flow, business profit, marketing performance, client growth, or results of any kind.

To the maximum extent permitted by law, Service Provider makes no representations, warranties or conditions of any kind, express or implied, as to the operation of the services or content included in the program. The client agrees that all information, products, and services and any other materials provided by Service Provider are provided “as is” and “as available” without warranty, express or implied, including, without limitation, the implied warranties of any kind, for services received through any links provided in the program, merchantability, fitness for a particular purpose, title, or non-infringement of third parties’ rights, and any warranties arising by course of dealing course of performance, or custom of trade in connection with the services or content.

ADDITIONAL TERMS AND CONDITIONS

1. LIMITATION OF LIABILITY. Except as expressly provided in this Agreement, Service Provider makes no guarantees, representations, or warranties of any kind or nature, express or implied, with respect to Services negotiated, agreed upon, and rendered. In no event shall Service Provider be liable to the Client for any indirect, consequential, or special damages associated with activities that the Client participates in (i.e., any physical activity, coaching suggestions, and/or guidance that the Client receives). Notwithstanding any damages that the Client may incur, Service Provider’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to Service Provider under this Agreement for all coaching services rendered through and including the termination date.

The liability waiver for the Service Provider includes the Coach, independent contractors, agents, successors, assigns, personal representatives, executors, heirs, and employees.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and therefore some of the above limitations or exclusions may not apply.

2. BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, administrators, representatives, and permitted assigns of the Parties.

3. DISPUTE RESOLUTION. By signing the Agreement, the Client agrees to submit the complaint to Service Provider via e-mail prior to seeking arbitration. In the event of a dispute arising under or relating to this Agreement or the Program (each, a “Dispute”), either Party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”), in accordance with the American Arbitration Association Rules. If the Dispute is not so resolved, and in the event of legal action, the prevailing Party shall be entitled to recover attorney’s fees and court costs from the other Party.

4. ENTIRE AGREEMENT. This Agreement is the entire and exclusive agreement between the Parties with respect to your use of the Services provided by Service Provider, and it supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented except in writing, signed by both Service Provider and the Client.

5. COMPLIANCE WITH LAW. The Parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.

6. 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.

7. NO ASSIGNMENT. By signing this Agreement, the Client agrees not to transfer, assign or delegate the provisions thereof to anyone without the express written permission of Service Provider.

8. NO 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.

9. GOVERNING LAW. The Parties agree that the exclusive jurisdiction for any Dispute arising out of, or relating to, this Agreement or Services provided in connection therewith shall be determined in accordance with the laws of the State of New York, the United States, without giving effect to any conflicts of laws provisions.