Coaching Terms of Agreement


By checking “I Agree,” emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, in this program, you (“Client”) are entering into a legally binding agreement with Gabrielle Whitney (“Coach”), according to the following terms and conditions:


COMPANY’S SERVICES.  Upon execution of this Agreement, electronically, verbally, written or otherwise, the Coach agrees to render services related to education, seminar, consulting, coaching, and/or business coaching (the “Program”).  The terms of this Agreement shall be binding for any further goods/services supplied by Coach to Client.  Parties agree that the Program is in the nature of coaching and education.  The scope of services rendered by Coach pursuant to this contract shall be solely limited to those contained therein and provided for on the Coach’s website as part of the Program.  Coach reserves the right to substitute services equal to or comparable to the Program for Client is the need arises.


COMPENSATION.  Client agrees to compensate Coach according to the payment schedule set forth on the Coach’s website, or via email, or Payment Schedule and the payment plan selected by Client (the “Fee”) or otherwise noted in this agreement.  Coach shall charge a 5% (five-percent) late penalty to all balances that are not pain in a timely manner by Client.


REFUNDS.  Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee.  If Client cancels attendance of this Program for any reason whatsoever, Client will receive no refund.


CHARGEBACKS AND PAYMENT SECURITY.  To the extent that Client provides Coach with credit card(s) information for payment on Client’s account, Coach shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein.  If Client uses a multiple-payment plan to make payments to Coach, Coach shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so.  Client shall not make any charge backs to Coach’s account or cancel the credit card that is provided as security without the Coach’s prior written consent.  Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith.  Client shall not change any of the credit card information provided to Coach without notifying Coach in advance.


NO RESALE OF SERVICES PERMITTED.  Client agrees not to produce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program.  This agreement is not transferrable or assignable without the Coach’s prior written consent.


NO TRANSFER OF INTELLECTUAL PROPERTY.  Coach’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license.  Client shall not be authorized to use any of the Coach’s intellectual property for Client’s business purposes.  Client shall not be able to share, copy, distribute, or otherwise disseminate any materials received from Coach electronically or otherwise without the prior written consent of the Coach.  All intellectual property, including Coach’s copyrighted coaching/course materials, shall remain the sole property of the Coach.  No license to sell or distribute Coach’s materials is granted or implied.


LIMITATION OF LIABILITY.  By using the Coach’s services and enrolling in the Program, Client releases Coach, its officers, employees, and related entities from any and all damages that may result from anything and everything.  The Program is only an educational/coaching service being provided.  Client accepts any and all risks, foreseeable, and non-foreseeable, arising from such transactions.  Client agrees that Coach will not be held liable for any damages of any kind resulting arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Coach’s services or enrollment in the Program.  Client agrees that use of Coach’s services is at Client’s own risk.


DISCALIMER OF GUARANTEE.  Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program.  Client accepts and agrees that she/he is the one vital element to the Program’s success and that Coach cannot control Client.  Coach makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein.  Coach and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.  Coach makes no guarantees or warranty that the Program will meet Client’s requirements or that all clients will achieve same results.


COACHING/COURSE RULES.  To the extent that Client interacts with Coach and/or other Coach clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients.  Client agrees to abide by any Coaching/Course Rules/Regulations presented by Coach.  The failure to abide by Coaching/Course Rules shall be cause for termination of this Agreement.  In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.


USE OF COURSE MATERIALS.  Client consents to recordings being made of of courses and the Program.  Coach reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the courses(s) and the Program for future lecture, teaching, and marketing materials, and further goods/services provided by Coach, without compensation to the Client.  Client consents to its name, voice, and likeness being used by Coach for future lecture, teaching, and marketing materials, and further others goods/services provided by Coach, without compensation to the Client.


NO SUBSTITUTE FOR MEDICAL TREATMENT.  Client agrees to be mindful of his/her own well-being during the course and seek medical treatment (included, but not limited to psychotherapy), if needed.  Coach does not provide medical, therapy, or psychotherapy services.  Client is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.


TERMINATION.  In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable.  Coach shall be allowed to immediately collect all sums from Client and terminate providing further services to Client.  In the event that Client is in arrears of payments to Coach, Client shall be barred from using any of the Coach’s services.


CONFIDENTIALITY.  The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.  Coach agrees not to disclose, reveal or make use of any Confidential Information learned through its transactions with Client, during discussion with Client, the coaching session with Coach, or otherwise, without the written consent of Client.  Coach shall keep Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.


NON-DISPARAGEMENT.  In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below.  In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.


INDEMNIFICATION.  Client shall defend, indemnify, and hold harmless Coach, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, and/or use of the product(s), excluding however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Coach, or any of its affiliates or successors.  Client shall defend Coach in any legal actions, regulatory actions, or the like arising from or related to this Agreement.  Coach recognizes and agrees that all of the Coach’s affiliates and successors shall not be held responsible or liable for any actions or representations of the Coach.


CONTROLLING AGREEMENT.  In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Coach, Coach’s representatives, or employees, the provisions in this Agreement shall be controlling.


CHOICE OF LAW/VENUE.  This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law.  The parties hereto agree to submit any dispute of controversy arising out of or relating to this Agreement to arbitration in the state of California, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest.  The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.


ENTIRE AGREEMENT.  This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written.  The Agreement may be modified only by an instrument in writing duly executed by both parties.


SURVIVABILITY.  The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.


SEVERABILITY.  If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.


OTHER TERMS.  Upon execution by clicking, “I agree,” or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT.  A facsimile, electronic, or emailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.