Terms and Conditions of Service
for Leave Law Behind Coaching and Mentoring
Welcome to Leave Law Behind’s (LLB or the Coach) Coaching and Mentoring Services (the Services). I am very excited about the opportunity to work with You (the Client) on reaching your professional and personal goals.
By using our Services, you are agreeing to these Terms and Conditions Agreement (“Terms and Conditions” or “Agreement”). Please read them carefully.
The goal of these Terms and Conditions is to have a clear understanding and agreement about the scope of Services and the policies and procedures of our coaching and mentoring process. This gives a framework for how we will work together, our roles and responsibilities, and the limitations of our relationship.
I promise as your coach to be your number one fan, and to use my skill set to make coaching sessions a valuable tool for your development. In return, I hope you as the client make the commitment to take an active part in the process.
In order to provide you Services, both parties agree to the following:
- Services: Our Services are coaching and mentoring You in professional endeavors.
- Confidentiality: All information exchanged between Client and Coach is entirely confidential to the extent the law allows. Even the existence of our professional relationship is completely confidential and will never be disclosed without your authorization. (It is impossible, of course, to completely protect the confidentiality of information that is transmitted electronically through emails and computers connected to the Internet that do not utilize security or encryption protection.)
- Limitation on Services: Our Services are NOT counseling, psychotherapy, psychoanalysis or a provider of any medical or mental health services ever. A life coach does not focus on emotional, mental, physical or other types of health related issues.
- Services Do Not Replace Professional Advice: Client acknowledges that our Services are not to be used in lieu of expert and credentialed professional advice. Client shall seek, if necessary, professional guidance for legal, medical, financial, business, mental health, or other matters with the appropriate credentialed provider. All decisions in these areas are exclusively the responsibility of the Client. You agree that if You are under the care of a mental health professional (psychologist, psychiatrist, or therapist), You have consulted with Your mental health care provider regarding the advisability of working with a coach and that Your provider is aware of Your decision to proceed with the coaching relationship.
- Your Responsibilities: You agree to accept full and sole responsibility and accountability for the personal and professional decisions and actions You take or don’t take, the results You achieve, and any consequences that follow. You also agree that only You are responsible for Your physical, mental and emotional well-being during the coaching, including Your choices and decisions. Your are aware that You can choose to discontinue coaching at any time. You agree that the Coach is not and will not be liable for any of Your professional or personal decisions, actions, or inaction, or for any direct or indirect result of any Services provided by the Coach.
- No Guarantee or Warranty of Results: The Coach, Casey Berman, does not make any guarantee or warranty (express or implied) as to Your results or as to the consequences of any professional or personal decisions or actions You take or do not take.
- What is Life and Professional Coaching: Life coaching is a relationship designed to facilitate the creation and development of personal and professional goals, and to develop a plan for achieving those goals. In coaching, both the Coach and Client collaborate to set the agenda. Since the Client is the expert in his or her own life to bring about desired change, success is based upon the Client’s willingness to make a commitment to take an active part in the process. Client understands the Coach is not hired to tell You what to do, but rather is a partner in brainstorming ideas and possibilities. As such, You are entering into coaching with the understanding that the effort and energy that You put into coaching will largely determine the outcomes You experience.
- Our Relationship: The relationship between Coach and Client is designed to be direct and challenging. You can be assured that I will be honest and straightforward, asking powerful questions to bring about possibilities and awareness.
- Scheduling and Rescheduling: Coach and Client will work together to schedule all calls and/or meetings in order to determine the most convenient times and frequency for both Coach and Client for providing the Services. Client agrees that Coach may reschedule a meeting from time to time if his schedule requires it. Coach will endeavor to provide the Client with as much notice as practically possible if a meeting or call must be rescheduled and will endeavor to reschedule to a mutually convenient.
- Term and Termination: The term of this Agreement shall commence on the date you sign up and pay for the Services (the “Effective Date”) and shall continue through the earlier of one year thereafter or upon termination. Client or Coach may terminate the Services at any time, for any reason, with or without cause, by giving written or email notice of termination. If Coach terminates, Client shall pay any fees due in connection with Services performed through the date of notice of such termination. You are expected to evaluate progress, and when the Services are not working as you desire, You should immediately inform me. We will have checkpoints to make sure the sessions are meeting Your needs.
- Billing and Payment: Before any Services are rendered, Client shall pay the entire fee for Services via credit card processed through the LLB website: leavelawbehind.com.
- Refund: You may receive a full refund of your payment if You notify us in writing within 24 hours of the conclusion of the first phone call or in person meeting that you will not be using the Services.
- Ownership Rights: Coach shall own and retain all intellectual property rights in the information and materials provided to the Client or that result from or relate to the Services.
- Limitation of Liability. IN NO EVENT SHALL COACH BE LIABLE TO CLIENT FOR ANY LOST PROFITS OR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH LOSS WAS FORESEEABLE. THE COACH’S MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES CLAIM REGARDING THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY THE CLIENT DURING THREE (3) MONTHS PRECEDING THE CLAIM. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THE PROVISION OF SERVICES.
- Governing Law: The Services and any claim by the parties shall be governed and construed in all respects in accordance with the laws of the State of California as they apply to a contract entered into and performed in that State.
- Arbitration, Amicable Discussion and Negotiation: Any controversy or claim arising out of or relating to the Services or this Agreement, or the breach thereof, that the parties are unable to resolve shall resolved by arbitration in the City and County of San Francisco, California, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment for final resolution. Such arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. 1 et seq., and shall be in accordance with the Rules of the American Arbitration Association, and the arbitrator shall be selected according to such rules. The decision of the arbitrator shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in a state court having jurisdiction thereof.
- Entire Agreement: These Terms and Conditions constitute the entire agreement of the parties and supersede any and all prior agreements, representations, proposals, discussions, and communications between the parties, whether oral or in writing, regardless of the terms or subject matter of any prior agreement. This Agreement may be modified only in writing.
- Attorneys’ Fees: In the event of any dispute with respect to this Agreement or between the parties, the prevailing party shall be entitled to reasonable attorneys’ fees and other costs and expenses incurred in resolving such dispute.
I am very excited to have the opportunity to work with you!
Casey Berman, Leave Law Behind