T&C 1.1 COACHING

AGREEMENT FOR 1:1 COACHING SERVICES

By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the product for which these terms appear (“Product”), you (“Client”) agree to be provided with products, programs, or services by Aditi Guha (“Coach”) , and you are executing a legally binding agreement with Coach, subject to the following terms and conditions:

  1. INTRODUCTION

This is an Agreement between Coach and Client for one-on-one coaching services. This Agreement has been reached after an offer and acceptance was made to the Client, and in exchange for adequate consideration.

Aditi Guha is a company that provides people with holistic health coaching services to help them reach their highest potential through becoming knowledgeable and intentional about their choices. [Aditi Guha] offers three-month 1-on-1 coaching programs to individual clients (the “Program”). 

The purpose of the Program is to form a coaching relationship between the Coach and Client. The  ultimate goal is to help Client reach his/her fullest potential by understanding nutrition fundamentals and/or utilizing proper exercise routines,work on Client’s mindset blocks, and overcome Client’s limiting beliefs.This will be done through interactions between the Coach and Client throughout the Term of this Agreement. 

Coach hereby agrees to provide Client with the Program in exchange for payment and performance of Client’s Responsibilities(hereinafter defined). Client agrees to make all payments and abide by all policies and procedures as a condition to this Agreement.

By signing this Agreement, Client hereby acknowledges all policies and procedures contained within this document and expresses assent to the following terms:

2. TERM

This Term of this Agreement shall be three (3) months, from the date of your first payment (“Start Date”)  In the event that circumstances covered by Section 6 (Rescheduling Policy) arise, this Agreement shall terminate within 30 days of the original End Date, regardless of whether Client has completed all rescheduled coaching calls. 

3. DISCLAIMER + COACHING DEFINITION

The Coach is not a doctor, nurse, registered dietician, physical therapist, occupational therapist, psychiatrist, psychologist, therapist,  master of science in nutrition, certified personal trainer, public relations manager, social media manager,  business operations manager, financial analyst, business executive, or other agent of Client’s business. Client understands that coaching is working one-on-one with the Coach to help Client think through and analyze decisions and assist Client with finding his/her own direction. The Coach may offer her opinion regarding health and/or personal decisions, but it is the responsibility of Client to make the final decision and choose the best option for him/herself. 

Although the Coach may offer Client tools to help improve all aspects of Client’s life, the coaching services in this Program are specific and limited in nature, pursuant to Section 4 of this Agreement. The Coach is a health and mindset coach, who offers Coaching Services in the form of Health Coaching and Mindset Coaching(herein collectively referred to as “Coaching Services”). Health Coaching is tailored personal development geared towards helping Client learn about the holistic health lifestyle. Mindset Coaching is assisting Client to work through limiting beliefs and overcome mindset obstacles to build confidence in an effort to benefit Client’s goals. Fitness Coaching is tailored physical development geared towards helping Client understand exercise routines to increase their overall health. Nutrition Coaching is assisting Client to learn nutrition fundamentals and utilize these principles to make healthier eating choices for their bodies.

Coaching Services do not include: 1) professional advice regarding eating disorders; 2) performing any physical and/or occupational therapy services for Client; 3) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 4) in-person personal training services; 5) medical advice; 6) advice regarding injuries, health conditions, and/or other defects.

Client agrees that Coach is not responsible for any physical injuries, diseases, illnesses, or other health conditions that might arise during or after the Program. Client agrees to hold Coach harmless of any liability regarding any diagnosis of any such injury or health condition that arises during or after the Program. If Client is aware of a pre-existing injury, disease, or health condition, Client hereby acknowledges that he or she has consulted a doctor. By signing this Agreement, Client hereby acknowledges that he or she has been cleared by a doctor to continue with the Coach, Coaching Services, and the Program. 

Although COACH is trained and certified to perform the above Mindset Coaching Services, COACH is not a licensed medical professional or other mental health care provider; in order to get medical advice, Client must see a doctor. COACH does not represent the Services as any form of health care or psychotherapy, and despite research to the contrary, by law COACH may make no health benefit claims for said Services. However, these holistic practices are client-centered disciplines, in which COACH is highly trained to assist Client to accomplish their goals, whatever they may be, using the Services described above. Nevertheless, the Services may not be regulated by any government or administrative body. Nothing in the Services shall be construed as a substitute for the treatment or advice of a doctor or other licensed medical professional.

Client hereby acknowledges that health and fitness coaching are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. Company and/or Coach may use its personal judgment to provide the Program services to Client, even if these methods do not follow strict adherence to Client’s suggestions. 

Client hereby acknowledges that Client is solely responsible for the amount and type of progress that Client achieves by implementing techniques and advice provided by Coach. Client also acknowledges that Coach cannot and does not guarantee that implementation of the Coaching Services and Program will provide Client with a physical or health transformation. Client also agrees that he/she is solely responsible for any decision regarding his/her personal health and indemnifies Coach from any liability regarding said decision. 

Client hereby acknowledges that mindset coaching is a subjective service and Company’s methods to provide this service may change in terms of style and/or technique. Company and/or Coach may use its personal judgment to provide the Program services to Client, even if these methods do not follow strict adherence to Client’s suggestions. 

Hypnosis Disclaimer: The Services rendered are held out to the public as “non therapeutic hypnotism”, defined above. COACH does not represent the Services as any form of health care or psychotherapy, and despite research to the contrary, by law COACH may make no health benefit claims for said Services. Client hereby acknowledges that hypnosis is not a substitute for medical care, as hypnosis neither diagnoses nor treats any medical conditions. Instead, hypnosis provides tools for you to complement your medical treatments. If any medical symptoms persist or progress, even acutely, you hereby agree to inform your medical provider immediately and seek medical attention. You also hereby agree to indemnify COACH of any health issues that may persist or progress whilst working with COACH. If/when non-therapeutic hypnosis is used during your session, you should ensure that you are fully alert and awake before driving or doing any activity that requires full attention for your safety. 

Results Disclaimer: Client also acknowledges that COACH cannot and does not guarantee that implementation of the Coaching Services and Program will provide Client with an ideal resolution and/or perfect life. Throughout the Services, COACH may help Client think through and analyze decisions and assist Client with finding his/her own direction. The COACH may offer her opinion regarding decisions, but it is the responsibility of Client to make the final decision and choose the best option for himself/herself.  Client also agrees that he/she is solely responsible for any personal and/or professional decisions and indemnifies COACH from any liability regarding said decision. If, at any point during the Services, you feel any adverse effects from any of the Services and/or techniques defined above, you hereby agree to immediately disclose said effects to COACH and your medical service provider.

Confidentiality Statement: Client understands that some of Client’s personal and confidential information may be disclosed to COACH, as COACH administers the Services. COACH hereby agrees to keep all of Client’s personal information confidential and for internal purposes only. However, COACH may use some general statements about Client’s progress as testimonials and on COACH’s website and/or marketing materials. Client may choose to remain anonymous in said testimonials upon prior written consent to COACH.

4. COACH’S RESPONSIBILITIES

Coach promises to offer Coaching Services (as defined in Section 3) as part of the coaching Program. Coaching Services include six (6) 50 mins sessions via Zoom video conferencing, which will take place every other week during the Term of this Agreement. A client can get upto one session per week. The Coach also agrees to provide additional feedback in the form of text and voice messages on Better Practice or Whatsapp chat messenger with Client, between 10am and 7pm EST Mon to Friday (“Office Hours”. Coach will review and respond to all inquiries on Better Practice and Whatsapp during said Office Hours only.

The Coach will use the following techniques to assist the Client:

  • Identifying processes to organize, establish and narrow down Client’s goals and ideas;
  • Providing Client with various test perspectives to better understand their thought-processes, symptoms, and root cause;
  • Assignments and exercises to help Client build new thought patterns and habits;
  • Introducing systems, models, and processes to educate Client;
  • Providing accountability, guidance, challenge, support, and encouragement.
  • Provide certain Mindset Coaching Services, which may include the following holistic practices and techniques:

·       Neuro Linguistic Programming (“NLP”), which is an approach to assist clients to re-program their thoughts, language, and behavioral patterns to achieve certain desirable outcomes, with a focus on changing neurological programs;

·       Non-therapeutic Hypnosis (“Hypnosis”), which is defined as the use of hypnosis to inculcate positive thinking and the capacity for self-hypnosis, which may help client induce positive mindsets and commitment to change;

·       TIME Techniques, which is a set of tools to help clients eliminate negative emotions of the past and present, with an emphasis on helping Client activate their imagination to create a compelling future.

(collectively referred to as “Mindset Coaching Services”). 

5. CLIENT’S RESPONSIBILITIES

Coach’s Program has been developed for educational purposes only. Coach has established her proprietary Program in order to educate and inspire Client to pursue his/her personal goals. However, Client hereby acknowledges that Coach does not guarantee Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Program. Client accepts and agrees that Client is 100% responsible for his/her results from the Program. Client acknowledges that, as with any endeavor and investment, there is an inherent risk associated. As such, Client agrees there is no guarantee that Client will attain his/her goals by simply completing the Program.

Nevertheless, Client acknowledges that he/she can optimize her potential results from the Program by adhering to the following: 

  • Committing to the Program;
  • Completion of all Program material, including exercises, recipes, assignments and worksheets if applicable;
  • Thoughtful and meaningful participation in all coaching calls with Coach;
  • Utilization of Coach’s feedback on Whatsapp or Better Practice;
  • Completion of all assigned work, journaling, material, and research between each coaching call;
  • Attending each coaching call at the scheduled date, on time;
  • Promptly rescheduling any coaching calls if necessary and adhering to the rescheduled time and date;
  • Taking 100% responsibility for Client’s results, 100% of the time.

6. RESCHEDULING POLICY

A big component of success is discipline and commitment. In order to achieve optimal results under this Program, Client should commit to the schedule as follows:

This is a 3-month Agreement, consisting of 6 to 12 weekly 50 mins calls. Each weekly coaching call will take place at a designated time of a certain day each week. The day and time for Client’s Coaching Calls to be scheduled by the client.  

Coach understands that sometimes, “life happens.” In order to accommodate situations that unexpectedly arise, Coach agrees to allow up to three (3) rescheduled calls in all 3 months. All requests to reschedule a call must be made no later than 24 hours before the scheduled call. All requests to reschedule must include a date and time within a week at which the rescheduled call can take place, which Client must schedule with Coach’s scheduling link. Failure to do so shall result in Client forfeiting that week’s coaching call with no money back. Any “no-shows” will also result in forfeiture of that week’s coaching call with no money back. 

If Client foresees that more than 3 calls will need to be rescheduled, Client may request a change of the weekly day and time of the phone call by giving Coach at least 48 hours written notice of the proposed new time. All requests for schedule changes are subject to Coach’s discretion.

If any calls are rescheduled beyond the 3-month Term of this Agreement, Client must reschedule all calls within 30 days of the End Date of this Agreement, or else Client forfeits those coaching calls and all payments due under this Agreement.

7. REFUND POLICY

There are no refunds and Client remains responsible for all payments due under this Agreement. 

8. PAYMENT & FEES

  • PAYMENT: (a) Upon execution of this Agreement, Client agrees to pay to Aditi Guha the full purchase amount for the Product, regardless of what payment option Client selects at checkout. (b) If Client selects a payment plan option, Client agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Client. (c) Client authorizes Aditi Guha to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment. (d) If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Client forfeits his/her right to access the Product. (e) The Client shall not threaten or make any chargebacks to the Aditi Guha’s account or cancel the credit card that is provided as security without Aditi Guha’s prior written consent. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Adit Guha reserves the right to report the incident to credit reporting agencies as a delinquent account.

9. TERMINATION

Coach is committed to providing quality service to all Clients. However, from time to time, situations arise that require the Coach to terminate the Agreement before the Term ends. As such, Coach reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) Client fails to follow Program guidelines; 2) Client is abusive or harasses Coach or other members of Coach; 3) Client refuses to pay or does not pay within the schedule outlined in Section 8 above; 4) Client proves to be difficult to work with and/or does not attend the scheduled coaching calls; 5) for any other legitimate business purposes in the best interest of Coach. If any of the following causes trigger Coach to terminate the Agreement, Client is still liable to pay the entire cost of the Agreement.

Client dissatisfaction with Company and/or Coach’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client. Even if Client does not complete all portions of the Program, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing this Agreement.

10. CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE

Confidential Information – 

[Aditi Guha] takes pride in its proprietary information included in each Program. As such, Client agrees and acknowledges all Confidential Information shared through this Program and by the Coach is confidential, proprietary, and belongs exclusively to [Aditi Guha].

Confidential Information includes, but is not limited to: 

  • Any systems, sequences, processes or steps shared with Client;
  • Any information disclosed in association with this Agreement;
  • Any trade secrets in connection with the Program or [Aditi Guha] business practices.

Client agrees not to disclose any of [Aditi Guha] and/or Coach’s Confidential Information.

[Aditi Guha] also takes seriously its responsibility to protect Client’s personal information and privacy. As such, consider this a mutual non-disclosure agreement. [Aditi Guha].agrees not to disclose any of Client’s personal information. 

However, from time to time, [Aditi Guha].may use general statements about Client’s success as social proof and part of its marketing strategy. By signing this Agreement, Client agrees to Coach sharing Client’s success stories on social media. Coach may also ask Client to provide testimonials about [Aditi Guha]., the Coach, and the Program, via video, audio or written testimonials. Both parties will keep Confidential Information in the strictest confidence and shall implement the best effort to protect Confidential Information to protect it from disclosure, misuses, misappropriation, loss, and theft. Coach will not disclose any of Client’s personal information to third-parties without prior written consent. 

Intellectual Property – 

[Aditi Guha].and its Programs may use free stock photography as part of its design. All stock images used have an irrevocable, non-exclusive copyright license to download, copy, distribute, use and modify the photos for free, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer. 

This website, content and products contain intellectual property owned by [Aditi Guha]and by third-parties that license some intellectual property to us. This Agreement is intellectual property owned by [Aditi Guha]. Other examples of intellectual property found on our website and within our products and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by [Aditi Guha] and the third-parties described within this Section in either whole or part without prior written consent. 

Limited License – 

Aditi Guha grants only a limited license to Client to use the Intellectual Property. You acknowledge that any and all products or Services that you download are for your own personal and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise. Aditi Guha].grants you a limited, personal, non-exclusive and non-transferable license to use the Program for your personal and internal business use. 

Client holds limited license during the Term of this Agreement to use Coach’s proprietary program.  If the Client is also a business owner in a similar industry, Client must not misappropriate any of Coach’s intellectual property and proprietary information in the following manner:

  • Teaching Client’s personal clients any of the information, methods, solutions, or formulae owned by Coach and passing it off as her own;
  • Copying any of Coach’s course material for Client’s personal use;
  • Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Coach in either whole or part without prior written consent. 

11. INDEMNIFICATION / LIMITATION OF LIABILITY

Coach provides career guidance as part of her Program. Client hereby acknowledges that neither Coach nor Aditi Guha] is liable for any injuries that may arise from Client’s personal decisions based off of his/her participation in this program, including but not limited to: a decision to leave a job, leave a relationship, change their living environment, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless both Coach and [Aditi Guha].of any claims that may arise after participation in the Program. 

12. MISCELLANEOUS

A.             Amendments – We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.

B.             Headings & Severability – Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

C.            Entire Agreement – This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

D.            All Rights Reserved – All rights not expressly granted in this Agreement are reserved by us. 

E.            Governing Law – [Aditi Guha].is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of New York State. 

F.         Arbitration – Any disputes arising under this Agreement shall first be resolved through a binding arbitration. G.Execution – This Agreement may be signed by counterparts. Signatures sent via facsimile and electronic signatures shall be deemed valid.

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