TERMS

TERMS 2018-05-22T12:14:38+00:00

TERMS

BY USING THIS WEBSITE, YOU AGREE ON THE FOLLOWING TERMS. 

Our website address is: http://thebodyandmindcoach.com is registered under GLOBAL WELFARE SERVICES LLC.

These Website Standard Terms and Conditions written on this web page shall manage your use of this website. These Terms will be applied fully and effectively to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions. Minors or people below 18 years old are not allowed to use this Website.

Other than the content you own, under these Terms, The Body & Mind Coach and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted a limited license only for purposes of viewing the material contained on this Website.

This terms and conditions govern the contractual agreement between the coach and the client who agrees to be bound by this terms and conditions.

WHEREAS, the Coach is a Neuro-Linguistic Programming Practitioner and/or an NLP Master Practitioner Licensed with Global NLP Training; and WHEREAS, the Client would like to engage the Coach in the coaching services offered by the Coach, according to the terms and conditions herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Coach and the Client covenant and agree as follows:

NATURE OF SERVICES. 

The coaching services offered by The Body & Mind Coach entail an ongoing relationship between the Coach and the Client (the “Coaching”). Though the Coaching may vary based on the Client’s needs and progression, the nature of the Coaching shall generally encompass the following:

  1. Weekly meetings, lasting 45-60 minutes apiece, either in person at a mutually agreed upon location or over the telephone;
  2. Prior to the meeting, the Client shall email a brief preparation form which shall act as a roadmap for the discussion;
  3. Other topics of conversation may include personal updates, progress summaries, and any other areas that which the Client would like to discuss;
  4. Should an unforeseen event require rescheduling, the Client must notify the Coach at least twenty-four (24) hours prior to the scheduled time the meeting is set to begin;
  5. Any missed session for which the Client does not notify the Coach of such a cancellation or rescheduling at least twenty-four (24) hours prior to the scheduled time the meeting is set to begin shall be deemed forfeited.
  6. Any session for which the Coach and the Client are not able to meet because of an error with the Client’s equipment (e.g., Skype, telephone, WhatsApp, etc) shall be deemed forfeited by the Client.

PAYMENT

Each Coaching session must be paid for in full prior to the start of the said Coaching session. In the event that a Client’s payment is not fulfilled prior to the start of a scheduled Coaching session, the session shall be deemed forfeited by the Client and the fee owed to the Coach shall remain for that cancelled Coaching session.

ACKNOWLEDGEMENTS AND AGREEMENTS.

The Client understands, acknowledges, and agrees to the following regarding the Coaching:

  1. The Coaching is designed to help mentally and physically healthy people. Any person with a serious mental or physical issue should seek the advice of a doctor or psychiatrist.
  2. This type of Coaching is not therapy – to reiterate the previous point, the Client should seek the advice of a doctor or psychiatrist if his or her condition dictates.
  3. The Coach may refer the Client to professionals if, in the Coach’s best judgment, it will be beneficial toward the Client’s success and growth.
  4. Success is heavily dependent on the Client committing to and following the program laid out by the coach. Coaching services like those contemplated in this Agreement are only effective if the Client is motivated and committed. The Client benefits best from an honest relationship with the Coach. Cooperation and an open mind are paramount to the Client’s success.
  5. The Client understands the nature of Neuro-Linguistic Programming (“NLP”) programs.
  6. The relationship between the Coach and the Client is a professional one, beyond that of a friendship, and the nature of the relationship should be maintained throughout the Coaching.
  7. If any third party should make payments the Coach on behalf of the Client, the Coach shall still act with only the Client’s best interests in mind. The party making said payments shall have no bearing on the judgment of the Coach in performing services and the Coach shall be obligated to nobody except for the Client.
  8. Should the Client choose to alter or cease any treatments, therapy, or medication, the Client should do so solely at the advice of the professional administering such treatments, therapy, or medication. Coaching is not designed to act as a replacement for such things.

REPRESENTATIONS AND WARRANTIES

The Coach represents and warrants the following with regard to the Coaching:

  1. The Coach is committed to offering the Coaching to the best of his/her knowledge and with the utmost integrity.
  2. The Coach shall offer the Coaching to the best of his/her ability, based on the information provided by the Client.
  3. The Coach shall abide by the associated Confidentiality Agreement.
  4. Should the Coach feel that coaching tools outside the scope of NLP be beneficial for use with the Client, the Coach may introduce those tools only with the approval of the Client.
  5. The Coach shall take any reasonable methods to ensure the protection of any audio, video, or written notes. Measures to protect such information may include physical locks or password protection on digital files.

NONDISCLOSURE

This Nondisclosure Agreement states the terms and conditions that govern the contractual agreement between the coach and the Client who agrees to be bound by this Agreement.

WHEREAS the Coach offers Neuro-Linguistic Programming coaching services and the Client has engaged the Coach in such services. NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties hereto, the Company and the Coach covenant and agree as follows:

“Confidential Information” means information which relates to the Client or any other party, which information has been disclosed to the Coach by the Client or any other party during the course of the coaching services offered by the Coach.

NON-DISCLOSURE OF CONFIDENTIAL INFORMATION.

The Coach shall not use or disclose, directly or indirectly, any Confidential Information during the period in which he/she is offering coaching services to the Client and indefinitely thereafter.

The provisions above will not be deemed to prohibit any disclosure that is required by law or court order, provided that the Coach has not intentionally taken actions to trigger such required disclosure and, so long as not prohibited by any applicable law or regulation, the Client is given reasonable prior notice and an opportunity to contest or minimize such disclosure 

RESTRICTIONS

You are specifically restricted from all of the followings: publishing any Website material in any other media; selling, sublicensing and/or otherwise commercialising any Website  material; publicly performing and/or showing any Website material; using this Website in any way that is or may be damaging to this Website; using this Website in any way that impacts user access to this Website; using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and The Body & Mind Coach may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

YOUR CONTENT

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, videotext, images or other material you choose to display on this Website. By displaying Your Content, you grant The Body & Mind Coach a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. The Body & Mind Coach reserves the right to remove any of Your Content from this Website at any time without notice.

NO WARRANTIES

This Website is provided “as is,” with all faults, and The Body &Mind Coach express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

LIMITATION OF LIABILITY

In no event shall The Body & Mind Coach, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of www.thebodyandmindcoach.com whether such liability is under contract.  The Body&Mind Coach, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

INDEMNIFICATION

You hereby indemnify to the fullest extent The Body & Mind Coach from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

SEVERABILITY

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

VARIATION OF TERMS

The Body & Mind Coach is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

ASSIGNMENT

The Body & Mind Coach is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between The Body & Mind Coach and you in relation to your use of this Website and supersede all prior agreements and understandings.

PARTICIPATION AGREEMENT

“Participants” as used in this Agreement refers to persons engaged in the activities.
This Agreement applies to activities offered by “The body & mind coach”, at any locations.

ACTIVITIES AND RISKS

Activities and amusements offered by the the Body&Mind Coach include, but not exclusively: indoor and outdoor activities; surfing, Yoga and fitness, transportation to remote areas and walking (including street crossings, to nearby second locations of certain of Surf spots); use of fitness equipment, use of weight rooms, campus board, and strength and conditioning; rope swings, crate stacking, food services.

Participants share the responsibility for managing the risks of the activities, supervised or not, including not participating in an activity for which they feel they are not qualified or which includes harmful conditions. Participants must follow all policies, rules, and regulations. You acknowledge that the Body&Mind Coach is, and has been, available, to answer any questions about the nature and physical demands of the activities and their risks.

Risks of the activities include, among others, the following: (1) misuse of the surfboards, equipment; (2) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including rocks, fins, leashes and other surfaces; (3) failure of the equipment; (4) mental or physical health problems of participants and others; (5) lack of training and conditioning; (6) carelessness and misjudgements, including negligence, of participants and coach, by improperly belaying and otherwise failing to follow proper procedures, instructions and operating policies; (7) injuries associated with activities in and about the outdoors, including beach exercises over sometimes harmful plants and animals and the forces of nature; (8) accidents and illnesses, including allergic reactions, occurring in remote places where emergency medical care may be significantly delayed; and 10) accidents while being transported to remote sites or walking to nearby gym sites.

These and other risks are inherent in the activities of the Body&Mind Coach; that is, without them, the activity would lose its value and appeal and vigorous participation would be discouraged. These and other risks can result in losses to participants, including property damage, bodily injury, permanent disability, paralysis, and even death.

ASSUMPTIONS OF RISKS

I hereby acknowledge the risks described above and their inherency, and that other risks, known and unknown, inherent and otherwise, may be encountered. I expressly Assume all the risks, known and unknown, inherent or not, and whether or not described above, of enrolment or participation in an amusement or activity of the body and mind coach the use of its activities, or otherwise moving about the premises of the locations and remote sites and transportation to or walking to activity sites.

RELEASE OF INDEMNITY

I, an adult participant, to the maximum extent allowed by law hereby agree to release and discharge each and every entity or company that own or operate the Body&Mind Coach under the “The Body&Mind Coach” name (“Released Parties”) from all claims, liabilities and losses asserted by or on behalf of me or the minor participant in any way arising from or connected with my enrollment or participation in an activity of surfing or yoga or other activities, and remote sites and transportation to or walking to activity sites. I understand that by using the Body&Mind Coach services, I surrender my right to make a claim or file a lawsuit against a Released Party for personal injury, property damage, wrongful death, products liability or any other theory, to the maximum extent allowed by law.

I further agree to hold harmless and indemnify (that is, defend and pay or reimburse) the Body&Mind Coach and the other Released Parties from any claim and from any liability, loss, damages or expenses (including attorneys’ fees) resulting from 1) a claim brought by a co-participant, rescuer or any other person for loss or damage caused by my, or the minor participant’s, acts or omissions; and 2) a claim brought by any member of my family in any way arising out of my or the minor’s enrollment or participation in an activity of the Body&Mind Coach the use of its services, or otherwise going to the beach and remote sites and transportation to or walking in the area of activities.

These agreements of release and indemnity include loss, damage or expense claimed to have been caused in whole or in part by the negligence of a Released Party, but not gross negligence or intentionally wrongful conduct.

ADDITIONAL PROVISION

If I am an adult participant I acknowledge and agree to the following additional provisions:

Medical: The Body&Mind Coach do not have medical personnel or treatment available to visitors. I hereby authorize and grant permission to the Body&Mind Coach to secure emergency medical treatment for myself. I covered by medical health insurance sufficient to provide for any medical costs that may be incurred, and in any event, I agree to be responsible for such costs.

MEDIA RELEASE

I consent to the reproduction and use by the Body&Mind Coach of photographs, videos and other images and sound recordings of me, or the minor, without compensation, for advertising or other purposes. I release the Body&Mind Coach and other Released Parties from liability for any violation of any personal and/or proprietary right I may have in connection with such reproduction or use.

DISPUTE RESOLUTION

I, for myself agree to engage in good faith efforts to mediate any dispute that might arise between me and a Released Party. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims between the parties will be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect I agree that any dispute between a Released Party and a participant or Parent will be governed by the substantive laws (not including laws which might apply the laws of another jurisdiction) of the State where the Body&Mind coach activities are located from whose activities, including remote surfing, the claim arose. Any mediation or arbitration shall take place only in that state, and in the County in which the Body&Mind Coach company is located or in the next nearest county in which a court of competent jurisdiction is located.

This Agreement, which consists of this and the previous page (obverse), will apply to my participation in activities at all the Body&Mind Coach activities identified above, for the current and for all future visits, until canceled in writing by me or expired pursuant to the provisions of state law.

I have carefully read, understand and voluntarily sign this Agreement and acknowledge that it shall be effective and binding upon me, or my family, heirs, executors, administrators, and representatives. I agree that if any portion of this Agreement is held by a court of competent jurisdiction to be invalid, the balance of this Agreement shall continue in full force and effect.

GOVERNING LAW & JURISDICTION 

These Terms will be governed by and interpreted in accordance with the laws of the State of Delaware, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any disputes.

These terms and conditions have been updated on May 10, 2018.