Terms of ServiceJanuary 15, 2020 2022-08-07 3:16
Terms of Service
Luminocity Consulting LLC Online Contract
Please read the following Terms of Service:
This Agreement is entered into by and between: Luminocity Consulting LLC and the Client reading this online agreement form, whereby Coach Lindsay agrees to provide Coaching Services for Client focusing on the following topics/results/outcomes/goals attached to this Agreement as Schedule A.
1) Description of Coaching
Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
2) Coach-Client Relationship
- Coach agrees to maintain the ethics and moral standards of behavior established by Luminocity Consulting LLC.
- Client is solely responsible for creating and implementing 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 Coach. As such, the Client agrees that the Coach 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 Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
- Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
- Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
- Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s 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 Coach.
- The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
3) (a) Services Provided: Coaching and Course
The parties agree to engage in a 2 month (60-Day) Coaching Program through online meetings. Coach will be available to Client via Instagram direct messages and e-mail in between scheduled meetings as defined by the Coach. Coach may also be available for additional time, per Client’s request (for example, engaging in other Client related services outside of coaching hours and one-on-one monthly meetings if needed).
Client agrees to attend all meetings and if they cannot, they will watch the replays provided in the private Facebook group. Client also agrees to implement strategies taught in the program, Consistent Clients on Instagram. This includes feedback from the in-person two weekly coaching calls, modules provided in the Luminocity Academy Portal, and individicual feedback during and/or outside of meetings.
The calls/meetings shall be 60 minutes in length, totaling 120 minutes per week. If you need additional coaching outside of the scheduled weekly meetings, please request a meeting with Coach Lindsay.
(b) Course Only
If you’ve purchased my only course minus the coaching then this section pertains to you. Client agrees that once they’ve accessed the course there are no refunds. You hold Luminocity Consulting and Content Coach Lindsay and it’s officers harmless for any and all claims that may arise from you using our service. We do not offer any financial or legal advice of any kind and before making any big business decisions regarding your business one should contact a lawyer for advice.
4) (a) Schedule and Fees for Coaching and Course.
This coaching agreement is valid as of today’s date. The fee is $5,000 or requires a $312.50, $500 or $1,000 down payment minimum to be enrolled in the program. The client is then responsible for paying the selected monthly fee per month until the balance is paid in full. If the payment is not received, the client will have three business days to provide the payment before they no longer have access to the modules.
If rates change before this agreement has been signed and dated, the prevailing rates will apply. The refund policy in effect for the term of this Agreement is as follows: No Refunds are available for content already accessed.
Even if client finishes all the modules they are responsible for paying any remaining balance as access to the course without payment in full is issued credit from Luminocity Consulting LLC.
(b) For Course Only.
The fee is $2,000 or requires a $333.33, or $500 down payment minimum to be enrolled in the program. The client is then responsible for paying the selected monthly fee per month until the balance is paid in full. If the payment is not received, the client will have three business days to provide the payment before they no longer have access to the modules.
Even if client finishes all the modules they are responsible for paying any remaining balance as access to the course without payment in full is issued credit from Luminocity Consulting LLC. There are no refunds after you’ve accessed any part of the course.
5) Cancellation Policy and Procedures
The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed-upon time. The Client will attend all virtually scheduled calls or watch the replay if they miss meetings. If the Coach will be at any other number for a scheduled call, Client will be notified prior to the scheduled appointment time.
There are no refunds at any time for any reason. Luminocity Consulting will not provide refunds for purchased services. If the client is unhappy with the services provided, they can request an exit interview to provide Coach Lindsay with feedback as to why they chose not to complete the program in its entirety. If the Client chooses to prematurely quit the program, they are still responsible for paying the funds due, as per this signed agreement.
6) Confidentiality and Code of Ethics
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in Luminocity Consulting’s Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege.
The Coach agrees not to disclose any information pertaining to the Client without the Client’s written or verbal consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
Confidential Information does not include information that:
(a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry;
(c) is obtained by the Coach from a third party, without breach of any obligation to the Client;
(d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or
(e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose;
(f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and
(g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
7) Release of Information
The Coach engages in training and continuing education pursuing and/or maintaining business coaching credentials. By signing this agreement, you agree to have only your name, email address, and start and end dates of coaching shared with Luminocity Consulting staff members and/or other parties involved in this process for the sole and necessary purpose of verifying and assisting in the coaching relationship, no personal notes will be shared.
According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
8) Record Retention Policy
The Client acknowledges that the Coach has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 3 years.
9) Limited Liability
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’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 Coach under this Agreement for all coaching services rendered through and including the termination date.
10) Entire Agreement
This document reflects the entire agreement between the Coach 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 Coach and the Client.
11) Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. 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.
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.
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.
14) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of New York without giving effect to any conflicts of laws provisions.
15) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
16) Right of Transfer
The company may assign this contract to a third party to collect upon default of payment pursuant to the terms of this agreement.