By checking the terms and conditions box, you acknowledge and agree that Accountability Works, LLC (Company) will provide you with coaching; that you wish to retain us to provide such services on the terms and conditions set forth herein; that as a condition of your participation, you will abide by all policies and procedures as outlined; and that this Agreement including all of its attachments is binding upon you.
The following details your responsibilities, and is intended to help maximize your experience during our work together:
Payment. Pay your member fees, as agreed. For installments, your account will be charged every four weeks from the date of your first payment until payment is made in full.
Punctuality. Be on time for our meetings.
Confidentiality. Anything that is shared in our meetings is confidential to the full extent allowed by law.
Presence. Be present for our call. 24 hour notice is required to reschedule a 1:1 call. If you have to miss a call with less than 24 hour notice, you have missed your call for that week and we will meet again the following week.
Missed Calls. The calls are for your benefit. It is highly encouraged that you attend 100% of the time, however, we understand that life can be unpredictable. If you miss a call, and you are in a group, you must email an update to your coach prior to your call time. An update includes the following:
- Check-in for the week
- Check-in on completion of outstanding commitments
- New commitments for the next week
Self-Responsibility. Accept 100% responsibility for your experience, including your progress and results. You are encouraged to ask any questions or voice concerns at any time. Your level of active participation will help determine the quality of your experience.
Acknowledgements. No therapeutic counseling or advice will be provided as a part of your coaching or our Agreement. We wish to make it clear that we will not provide you with any therapeutic services, and no privileged relationship is or will be formed.
Refund Policy. You may cancel your membership at any time within 30 days of program start date for a full refund less any processing fees.
ACCOUNTABILITY WORKS COACHES PROMISE
We will actively listen and ask questions to help you determine the desired outcome of your year, session and the focus of your weekly action items.
We will provide guidance to you in setting specific long and short-term goals and week-to-week commitments.
We will adhere to the process and principle of Accountability, which means we will offer observation without judgment and help you to recognize and overcome resistance. We will hold you accountable for your commitments and goals. .
We will give you honest, direct, and constructive feedback.
We will help you determine the best course of action to reach your goals, give you open access to our list of resources and tools, and share any relevant experience that will help you reach your desired outcomes faster.
We will respect and honor confidentiality. Anything that is shared during meetings remains confidential to the full extent allowed by law.
STANDARD TERMS AND CONDITIONS
These Standard Terms and Conditions, along with the member responsibilities and coaches promise, between you and Accountability Works, LLC (each Party, collectively as, Parties), in consideration of the mutual promises made between us:
Acknowledgement. Member understands that neither Ali Schiller, Marissa Boisvert, Company nor any other Accountability Works coach, is acting in the capacity of an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, or accountant. Member understands that participation in this program will not treat or diagnose any disease, illness, or ailment and if Member should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Renewals. Unless otherwise agreed, Member understands that no coaching relationship exists between the Parties after the conclusion of each term. If the Parties elect to continue their coaching relationship, a separate agreement is required.
Termination. Should Member violate any term of this Agreement, Company may, at its sole discretion, limit, suspend, or terminate Member’s membership and this Agreement without refund or forgiveness of monthly payments. Member may still be liable to pay the total contract amount.
Limit on and Release of Liability. Except as expressly provided in this Agreement, we make no guarantees or warranties, express or implied. Company shall have no liability to you for any matter unless and only to the extent of our intentional wrongdoing. None of the members, managers, officers, employees or agents of Company shall have any personal liability to you for any matter whatsoever. No fiduciary or agency or similar relationship of any kind will arise directly or indirectly between you and any of our members, managers, officers, employees or agents in their individual capacities, unless expressly agreed to in writing. COMPANY SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF DATA, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS, OR OTHER DAMAGE OR LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF, OR ACCESS TO (OR ANY INABILITY TO USE OR ACCESS) COMPANY SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. EXCEPT WITH RESPECT TO MISUSE OF INTELLECTUAL PROPERTY, INDEMNIFICATION LIABILITY, OR FAILURE TO PAY FEES, THE TOTAL MAXIMUM LIABILITY FOR ANY LOSS OR DAMAGES HOWSOEVER CAUSED AND IN RELATION TO ANY CLAIM OR SERIES OF CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. CLIENT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS MEMBERS, MANAGERS, EMPLOYEES AND AGENTS FOR ALL CLAIMS AND LIABILITIES RELATED TO YOUR BREACH OF THIS AGREEMENT.
Member Responsibility; Risk of Loss. Member is 100% responsible for their progress and results. Coaches will facilitate Member’s experience however, participation is an element necessary for success that relies solely on Member. Company makes no representations, warranties or guarantees verbally or in writing regarding Member’s performance or success. Member understands that because of the individual nature of coaching, the results experienced by each member may vary significantly. As with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Member will reach any particularly identified goals. Member accepts any and all risks, foreseeable or unforeseeable.
Substitutes; Schedule Alterations. Occasionally and with notice, the schedule may be altered.
Confidentiality; Nondisclosure. The Company respects Member’s privacy and insists that Member respect the Company’s. Member will not disclose or use, for any reason whatsoever, except as required in the course of Member’s participation in the Company’s programs any of Company’s current or future trade secrets, confidential knowledge, personal information of Company’s owners, coaches and/or agents, data, or other proprietary information of Company, including, without limitation, membership and coaching materials, products and services, members and member information, contracts or agreements, or other subject matter pertaining to any business of Company or any of its affiliates, consultants, or licensees, and all related information, know how, trade secrets or confidential or proprietary information of Company (“Confidential Information”) which is (i) treated as such by Company, whether by course of conduct, by letter or report, or by any communication to such effect made prior to or at the time any such Confidential Information is disclosed to the undersigned, or otherwise, (ii) which a reasonable person would consider to be confidential and/or proprietary in nature; or (iii) which is confidential, material or important to the effective and successful operation of the business of Company. Member agrees to consult with Ali Schiller or Marissa Boisvert, concerning any questions that he/she may have as to what comprises such Confidential Information.
Material given to Member is proprietary, copyrighted and developed specifically for Company. Member agrees that such proprietary material is solely for Member’s own personal use. Any disclosure to a third party is strictly prohibited.
No Transfer of Intellectual Property. Company’s program is copyrighted and original materials that have been provided to Member are for Member’s individual use only under a single user license. Member is not authorized to use any of Company’s intellectual property for Member’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Accountability Works, LLC. No license to sell or distribute Company’s materials is granted or implied.
Should Member violate, or display any likelihood of violating, any provisions contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Independent Contractor Status. Nothing in this Agreement is to be construed as creating a partnership, joint venture, or any other similar relationship. Company shall be an independent contractor in its performance hereunder and in no event shall either party be deemed employees of the other by virtue of participation in Company programs or performance of services hereunder.
Non Solicitation of Personnel. During the term of this Agreement and for a period of twelve (12) months after termination, neither party shall directly or indirectly, employ, engage, contract with or in any other way utilize or solicit or make any offers for the services of any of the other party’s employees, contractors or other personnel.
Non disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Dispute Resolution. If any dispute arises among the parties hereto regarding the terms of this Agreement, except any dispute over fees charged by Company and/or our efforts related to collecting any outstanding payments, the parties agree, first, within 90 days of an initial notice of dispute, to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation rules, before resorting to litigation. All parties shall share costs of any mediation proceeding equally. Any claim against Company must be lodged within 100 days of the date of the first claim or otherwise be forfeited forever.
Miscellaneous. California law governs this Agreement, with venue for all purposes in the County of Santa Barbara, California. Should any part of this Agreement be found to be invalid or unenforceable for any reason, the remainder shall not be affected thereby.
This Agreement constitutes the entire agreement between parties regarding the terms and conditions of the provision of services; no other agreement, change, modification, statement, promise or representation, either prior to or after this Agreement will be binding, unless it is in writing signed by all parties; This Agreement is not assignable without the prior written consent of Company.
Should you have any questions about our Agreement, or any logistics, including scheduling and billing, please contact: firstname.lastname@example.org.