TERMS OF SERVICE FOR UPWARDS COACHING LLC

Last updated: November 16, 2021

This Agreement contains the general contractual terms and conditions applicable to the services to be provided by Upwards Coaching LLC (hereinafter the “Company”) to you (hereinafter the “Client”)

The Company-Client Relationship

1. Client is solely responsible for his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Company. As such, the Client agrees that the Company 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 Company.

2. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.

3. Client agrees that coaching is a comprehensive process that may involve different areas of his/her life, including work, finances, health and relationships. The Client agrees that it is entirely his/her responsibility to decide to what degree these areas will be incorporated into the coaching process.

4. Client agrees that coaching does not involve the diagnosis or treatment of mental disorders or other medical conditions, and coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, or other professional advice by legal, medical or other qualified professionals. Client agrees that it is his/her exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Company.

Coaching Services

Discovery Session:

- The Discovery session is free of charge.

- Client agrees to schedule the session via the Company’s website www.upwardscoaching.com.

- In the event that either party needs to reschedule, a minimum of 24 hours notice before the scheduled start of the session should be given by either email or phone call/text.

- The party requesting to reschedule needs to propose 3 possible appointment time slots via email and follow-up with a calendar invitation via email for the mutually agreed upon slot.

- In the event that the Client does not show for a scheduled session, no re-scheduling options will be provided.

Pay as You Go Coaching Session:

- Client agrees to pay for and schedule the session via the Company’s website www.upwardscoaching.com.

- In the event that either party needs to reschedule, a minimum of 24 hours notice before the scheduled start of the session has to be given by either email or phone call/text.

- The party requesting to reschedule needs to propose 3 possible appointment time slots via email and follow-up with a calendar invitation via email for the mutually agreed upon slot.

- In the event that the Client has to cancel the session, a minimum of 24 hours notice before the scheduled start of the session is required for a refund of the purchase price.

- In the event that the Client does not show for a scheduled session, fails to give timely notice to reschedule a session or fails to give timely notice to cancel a session, no re-scheduling options and no refund will be provided.

Coaching Packages:

- Client agrees to pay in full for the selected Coaching Package via the Company’s website www.upwardscoaching.com at least 24 hours before the first scheduled coaching session.

- Client agrees to schedule each session either via the Company’s website www.upwardscoaching.com or by sending a calendar invitation to the Company for a mutually agreed upon date and time.

- In the event that either party needs to reschedule, a minimum of 24 hours notice before the scheduled start of the session is required and has to be given by either email or phone call/text.

- The party requesting to reschedule needs to propose 3 possible appointment time slots via email and follow-up with a calendar invitation for the mutually agreed upon slot.

- In the event that the Client does not show for a scheduled coaching session or fails to give timely notice to reschedule, the coaching session will be forfeited without a refund.

- In the event that the Client wants to cancel the Coaching Package, the Company has to be notified via email at contact@upwardscoaching.com and a refund for all unused coaching sessions will be provided.

- The Client understands that the check-in calls are a bonus feature of each of the Coaching Packages and not eligible for a Refund.

Confidentiality

All Information (written or verbal) that the Client shares with the Company as part of the coaching relationship, is bound by the principles of confidentiality set forth in the International Coaching Federation’s Code of Ethics. Client agrees that information will not be kept confidential if requested through a court order or subpoena, or if the Client is a danger to themselves or others.

The Company will not disclose the Client’s name as a reference without the Client’s consent.

Release of Information

The Company ensures continuous education of its coaches. This process requires the names and contact information of all Clients for possible verification by the International Coaching Federation (ICF). By accepting this agreement, the Client agrees to have his/her name, email, and dates of coaching sessions shared with ICF staff members and/or other parties involved in this process for the sole purpose of verifying the coaching relationship.

Record Retention Policy

The Client agrees that the Company might dispose of any session notes and email correspondence in a manner that promotes confidentiality, security and privacy.

Limited Liability

The Company makes no guarantees, representations or warranties of any kind, expressed or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Company be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Company’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 Company under this Agreement for all coaching services rendered through and including the termination date.

Entire Agreement

This document reflects the entire agreement between the Company and the Client, and reflects 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 signed by both the Company and the Client.

Applicable Law

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

Changes to Terms of Service

The Company reserves the right, at sole discretion, to modify or replace these Terms at any time. If a revision is material the Company will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the Company sole discretion.

By continuing to access or use the Company website and coaching services after those revisions become effective, Client agrees to be bound by the revised terms. If the Client does not agree to the new terms, in whole or in part, he/she should stop using the website and the coaching services.

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

Except as provided herein, 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.

United States Legal Compliance

Client represents and warrants that (i) Client is not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) Client is not listed on any United States government list of prohibited or restricted parties.

Changes to Terms of Service

If the Client has any questions about the Terms of Service, he/she can contact us:

By email: contact@upwardscoaching.com
By phone: +1 321-345-7554