DEFINITIONS
Thrivenity.com, also referred to herein as Thrivenity Life Coaching, TLC, Thrivenity, or Program is a Life Coaching & Positive Psychology Consulting Company. It does not provide therapy or medical treatment, nor diagnose mental or physical illness. Interacting with your Coach, whether it be in one-on-one or group coaching sessions, in-person or online, through telephone or video conferencing, recorded video, podcast, email, newsletter/enewsletter, website content, online/in-person classes, webinars/seminars, or the equivalent in print form; does not constitute mental health or medical care nor financial/legal advise of any kind.
Information Products & Services are developed for educational purposes only. Client accepts and agrees that Client is 100% responsible for their progress and results from the Products & Services. Thrivenity makes no representations, warranties or guarantees verbally or in writing.
Client understands that because of the nature of the Program and extent, the results experienced by each Client may significantly vary. Client acknowledges that there is no guarantee that Client will reach their goals as a result of participation in the Program or using the Products & Services. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any Program materials.
Description of Coaching: Coaching is a partnership that is defined as an alliance and not a legal business partnership between the Coach and the Client. The purpose of said alliance is to provide a thought-provoking and creative process that inspires the Client to maximize personal and professional potential. It is designed to facilitate the creation of personal, professional or business goals and to develop and carry out a plan for achieving those goals.
Coach agrees to provide a safe space for Client growth and to maintain ethical Life Coaching practices of the highest standards.
CLIENT RESPONSIBILITY
I. Coach-Client Relationship
Coach esteems the Client to be whole, resourceful, creative, accountable, responsible for their own agenda, and the expert in their own life.
Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising from the coaching relationship and his/her 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. Client also acknowledges 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. Furthermore, 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.
II. Procedure
The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time. The Coach will initiate all calls unless otherwise predetermined and mutually agreed upon.
III. Confidentiality
The coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship is kept in strict confidentiality. 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. 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.
IV. Release of Information
The Coach engages in on-going training and continuing education in pursuing and/or maintaining Coaching knowledge, skills and credentials. This process may require the names and contact information of all Clients for possible verification by credentialing bodies. Such disclosure to credentialing body staff members would only include your name, contact information, start and end dates of coaching, frequency of meetings such as the number of meetings, length of session and including total hours. Parties involved in this process will be for the sole and necessary purpose of verifying the coaching relationship. No personal notes will be shared.
According to the ethics of the Coaching 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.
V. Cancellation Policy
In the case of scheduled appointments, Client agrees that it is the Client’s responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting.
VI. 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 one year.
VII. Termination
Either the Client or the Coach may terminate the service at any time. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.
VIII. Limited Liability
Except as expressly provided in these Terms, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services 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.
FEES
Standard Coaching fee applies to individually-scheduled One-on-One Sessions. Group Coaching and Package discounts are also available on an on-going basis (contact Thrivenity for information). Prices for Educational offerings, such as online courses, workshops and webinars are posted on Thrivenity.com product pages as they become available. All special discounts and promotions are announced on the Home Page and in The Thrivenity Newsletter.
METHOD OF PAYMENT
Payments for Coaching Services and Educational offerings are transacted through PayPal/Credit Card.
RESCHEDULING POLICY
In the case of payment made for a booked session, fees are non-refundable but can be applied to an appointment at a later date if you need to reschedule. Each client receives one free rescheduling if the session is rescheduled prior to the 48 hour window before the call. To reschedule, you must do so prior to 48 hours before your session begins or your payment and one-time complimentary rescheduling will be forfeited. To reschedule your session, simply send an email to [email protected] . If the session is cancelled within the 48 hours before the scheduled start of your call, no refunds are available.
NO TRANSFER OF INTELLECTUAL PROPERTY
Thrivenity’s Coaching and Educational Programs are copyrighted and original materials that have been provided to Client and are for Client’s individual use only and a single-user license. Client is not authorized to use any of Thrivenity’s intellectual property for Client’s business purposes. All intellectual property, including Thrivenity’s copyrighted Programs and/or course materials, shall remain the sole property of Thrivenity. No license to sell or distribute Thrivenity’s materials is granted or implied. By purchasing any product or service from Thrivenity, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to Thrivenity, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with Thrivenity. Further, by purchasing Thrivenity products and/or services, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Thrivenity will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
In addition, Vendor supplemental material used by Thrivenity is also copyrighted by vendor and is intended for Client’s individual use only and a single-user license. No license to sell or distribute such vendor companies’ materials is granted or implied.
LIMITATION OF LIABILITY
Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services 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.
Client agrees they used Thrivenity’s Products & Services at their own risk and that the Program is only an educational product or service being provided. Client releases Thrivenity, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Thrivenity will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Thrivenity’s services or enrollment in the Program. Thrivenity assumes no responsibility for errors or omissions that may appear in any of the Program materials.