This agreement is between * * ("Client") and The Shine Method LLC ("Coach") on * . This Health Coach Agreement is for a collaborative experience with a relationship between the Client and Coach. The purpose of the coaching experience is to support the Client in establishing new behaviors. The individual coaching agenda is developed and implemented in partnership between the Client and Coach. The role of the Coach is to help the Client progress toward achieving a goal he/she sets and both parties agree to fully engage in the coaching experience. The Client is advised that coaching is not a replacement for professional therapy, counseling or consulting.
Confidentiality
The Coach agrees to keep all conversations and information with the Client private and confidential, as allowable by law, excluding an imminent threat of serious injury to the Client or someone else. No personal information will be shared with anyone without the Client’s express permission.
Coaching Commitment
By entering into this relationship, the Client and Coach acknowledge that the Client desires to make a behavioral change or some type of improvement in his or her life. Behavioral change takes time to implement and sustain. As such, the Client and Coach agree to a minimum of a 3-month commitment. The Client understands that open and honest communication, openness to feedback and putting in the time and energy to participate fully in the program is inherent in success.
Coaching Session Procedures
Coaching sessions may occur by phone or through video conferencing using Zoom, depending on what works best for the Client.
- Client has access to one(1) 60 minute initial coaching session at the start of the program.
- Client has access to one(1) 30 minute coaching session per week after initial coaching session.*
- Client is to schedule all coaching sessions via Calendly. If the Client is not on the schedule, the Coach is not responsible for being present for the session.
- Coach and Client are to adhere to established appointment times.
- Client is responsible for calling the Coach at the established time if the coaching session is via phone.
- The Client and Coach agree to begin and finish all appointments on time. If the Client is more than 10 minutes late for an appointment, the Coach will assume the appointment is cancelled. If the Coach is more than 10 minutes late to an appointment, the Client may assume the session is cancelled and the Client shall not be responsible for any payment for that session.
- The Client agrees to cancel or reschedule an appointment at least 3 hours in advance. All cancellations and rescheduling must be done via the Practice Better scheduling system.
Client will have access to Coach via TrueCoach messenger and email during regular business hours (Monday-Friday 9:00-5:00pm). Client can expect a response from Coach within 24 business hours.
*Coach will be unavailable for 30 minute coaching calls March 2021-June 2021.
Payment Schedule
Payments are due upon completion of signing the agreement. All new clients will be charged an upfront fee based on the membership selected for the first six months of coaching as a new client. This fee is nonrefundable.
The Client has two options to pay for coaching for each program (monthly or paid in full) as described below:
- Premium I: Payment for 3 months in full, for a total of $939
- Premium I: Monthly payment of $349 for 3 months, for a total of $1047
- Premium II: Payment for 3 months in full, for a total of $669
- Premium II: Monthly payment of $249 for 3 months, for a total of $747
- Plus: Payment for 3 months in full, for a total of $339
- Plus: Monthly payment of $149 for 3 months, for a total of $447
Once the Client has completed the extent of the 3 month program in full, Client will have the option of continuing services in either monthly or 3 months increments within the same payment options as above.
Third Parties
Third party platforms, such as Facebook, may be used for program management and communication. Customers are expected to respect the privacy of other users and keep all information private.
Shine may make available the site via third parties or may otherwise provide information about or links or referrals to third-party products or services. Customer business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions ware solely between Customer and such third party. Shine does not sponsor, endorse, recommend or approve any such third party.
Availability
Although Shine aims to offer Customer the best services, Shine makes no promise that the site will meet Customer’s technology requirements. Shine has no control over Customer’s technology needs, and therefore, cannot guarantee that the site will always be available. If you believe there is a problem with Shine’s system, please do not hesitate to contact us and Shine will attempt to correct the fault as soon as reasonable. Any such restrictions or interruptions shall not constitute a breach by the company or of these terms.
Guarantee of Results
Physical results or changes to the body are dependent on the Client and full implementation of the services purchased. Even with full implementation, Coach does not guarantee expected results as these are subjective to the Client. Coach is in no way responsible for the lack of results seen or expected by the Client. The Client agrees that deciding how to handle the issues and work to improve different areas of the Client’s life is exclusively the Client’s responsibility.
Termination of Agreement
Either the Client or the Coach may terminate this Agreement with four weeks written notice.
There are absolutely no refunds on coaching and consulting once the services are rendered. Coach cannot guarantee results in a coaching or consulting relationship, as results depend on the openness to being coached and the willingness to do the work by the Client.
If Client is not completely satisfied with his/her investment and is on a payment plan, Client may request Coach stop collecting on future payments.
If Client made a payment in full, and is unsatisfied, Client may request a refund for any coaching or consulting sessions NOT rendered.
Electronic Notices
Customer agrees to transact with Shine electronically. This means Customer agrees to accept Shine’s terms and conditions and to transact any sale, donation or recycling of products with Shine by electronic means. Customer authorizes Shine to send important notices about the site and any pending transactions to an email address provided to Shine. It is Customer’s duty to keep e-mail addresses up to date, to maintain a valid e-mail address and to ensure e-mails sent by Shine are not filtered or stopped by spam filters.
Indemnification and Limited Liability
Client agrees to indemnify, defend and hold harmless Coach, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses relating to or arising out of Client’s use of or inability to use site, any user postings made by Client, Client’s violation of any terms of this agreement or violation of any rights of a third party, of Client’s violation of any applicable laws, rules or regulations.
To the fullest extent permissible by applicable law, under no circumstances will the aggregate liability of the covered parties in connection with any claim arising out of or relating to the online services or materials or this subscription agreement exceed the lesser of Client’s actual direct damages or the amount Client paid for the online services in the twelve month period immediately preceding the date the claim arose.
Governing Law
This agreement is to be construed in accordance with and governed by the internal laws of the State of Minnesota without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Minnesota to the rights and duties of the parties.
If any provision in these terms and conditions is held to be legally invalid or unenforceable, then both Client and Coach shall be relieved of all obligations arising under such provision, but only to the extent that such provision is invalid or unenforceable, and these terms shall be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving this intent.
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 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.
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.
Lifestyle Guidance
The lifestyle guidance, including nutrition, sleep, stress and other lifestyle recommendations provided in the program, are based on general suggestions, and are not required to be followed by the Client. The Client hereby agrees to assume any and all risks pertaining to the decisions and actions Client makes based on any dietary recommendations suggested by Coach and any other lifestyle changes recommended by Coach. The information provided by Coach does not take into consideration Clients’ food allergies, medical conditions or any other individual factors. Coach recommends that all Clients seek professional medical advice prior to making any changes to their regular diet.
Nontransferable, Limited Right to Access and Use of Online Program
All content provided via the program, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (as governed by U.S. and worldwide copyright laws and treaty provisions), and are owned and controlled by Coach or its affiliates, or by third party content providers, merchants, sponsors and licensors that have licensed their content or the right to market their products and/or services to The Shine Method LLC. No one may engage in the practices of screen scraping, database scraping, data mining or any other activity with the purpose of obtaining information from the online program. No one may use on their website any trademarks, service marks or copyrighted materials appearing within the program, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO ITS SUBJECT MATTER AND REPLACES AND SUPERSEDES ANY PRIOR WRITTEN OR VERBAL COMMUNICATIONS, REPRESENTATION, OR PROPOSALS.