Legal Disclaimer
disclaimer
The information provided by Star Power Coaching on this website is for general informational purposes only. All information on the Site is provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site.
Terms & Conditions
Please read these Terms and Conditions carefully before purchasing coaching services (“Coaching Services”).
The Coaching Services are provided by Star Power Coaching/Stacey Harrison (“The Coach”, “we”, or “us”). The purchaser of Coaching Services is referred to as “The Client” or “you”. We reserve the right to change these Terms and Conditions at any time without notice, and by purchasing Coaching Services you are agreeing to the Terms and Conditions as they appear at the time of purchase, whether or not you have read them. If you do not agree with these Terms and Conditions, please do not purchase our Coaching Services.
1. Coach-Client Relationship
A coaching relationship is a partnership between the Coach and the Client. Both parties must uphold their obligations in order for that partnership to be positive, productive, and successful.
Both parties agree to come fully prepared to coaching calls and do their best to minimize outside distractions.
The Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation “(ICF)”. It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior.
The Client is solely responsible for creating and implementing its own physical, mental and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and 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, content, or materials provided by the Coach.
The Client acknowledges that it may terminate or discontinue the coaching relationship at any time.
The Client acknowledges that coaching is a comprehensive process that may involve different areas of its life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility.
The Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and 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 and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If the 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.
2. Service Description
Coaching Services will be provided by the Coach to the Client upon successful payment and through reasonable and customary scheduling of the services per the booking feature on the website.
The Coach delivers its Coaching Services in the form of 1:1 coaching, group coaching coaching workshops, online programs.
The Coach shall only deliver to the Client the type of service purchased by the Client (i.e. 1:1, group coaching, workshops, online programs). For the avoidance of doubt, the Coach shall ensure that information about the nature of the delivery (i.e. 1:1 or group coaching, workshops, online programs) is provided on the website pages where the Client initiates its purchase of the Coaching Services.
With regards to 1:1 coaching, unless otherwise specified on the website pages where the Client initiates its purchase of the Coaching Services or in a separate written contract signed by the Client and the Coach:
The Coach will provide Coaching Services over a single session if Client purchased an individual session, a term of no longer than 2 months if Client has purchased the 3 Session Bundle or no longer than a term of 3 months if Client has purchased 6 Session Bundle or over a term of one month if Client has purchased the the monthly plan (“Power Up”).
The above services shall be deemed to have started on the date when the Client completes its payment (if paying in full) or submits its first payment (if paying by payment plan).
A 1-1 session will include 50 minutes of 1:1 coaching (“1:1 Individual Sessions”) done by video conference.
While enrolled in the Power Up monthly plan, Client is eligible to receive Individual sessions up to four times per month.Client is also eligible to receive up to two 15 min engagements consisting of some combination of support calls or texts or emails or voice messages per month.
With regards to Group coaching, unless otherwise specified on the website pages where the Client initiates its purchase of the Coaching Services or in a separate written contract signed by the Client and the Coach:
Group Coaching Services of three sessions have a term of no longer than 6 months ("Group Coaching: 3 Sessions").
The Group Coaching Plan shall be deemed to have started on the date when the Client completes its payment for said services.
Group sessions are for a maximum of 8 attendees, determined by Client. Larger group sessions may be provided at different rates, at the discretion of Star Power Coaching.
If Client requests a physical location for sessions, at Star Power discretion, Coach may determine an agreed-upon location and charge reimbursement for travel fees.
Coaching Services may include assignments and/or a curriculum consisting of video lessons, workbooks, and other learning assets (“Content and Materials”).
3. Scheduling & Timing
Scheduling of 1:1 Coaching Calls must take place at least 24 hours in advance. Cancellations or rescheduling of 1:1 Coaching Calls must take place at least 24 hours in advance of the scheduled call. Coaching Calls that are canceled or rescheduled with less than 24 hours notice will be considered missed appointments. Should Star Power Coaching need to reschedule with less than than 24-hours’ notice for individual sessions, Client will receive priority rebooking.
Scheduling of Group Sessions must take place at least 48 hours in advance. Cancellations or rescheduling of Group Sessions must take place at least 48 hours in advance. Coaching Calls that are canceled or rescheduled with less than 48 hours notice will be considered missed appointments. Should Star Power Coaching need to reschedule with less than 48-hours’ notice for group sessions, Client will receive priority rebooking.
Missed Sessions: For any service, Client late cancellations or no-shows will be charged for the full session (plus any travel expenses made to that point) using the payment method provided at booking. Clients arriving more than 15 minutes after their appointment start time will be considered a no-show.
For Plans other than ongoing monthly Plans (e.g., Power Up Plan) (bundled services or sessions) the cost of any missed Sessions will be subtracted from the Client’s remaining Coaching sessions.
For ongoing monthly Plans (e.g. Power Up Plan), Coach reserves the right to forego a given week's session with a late Client reschedule, cancellation or no-show. Coach will make a reasonable effort to prioritize Client reschedule request (made greater than 24 hours in advance).
4. Payment
The Client guarantees that it is financially able to invest in coaching services and does so by choice, and that by so doing, is not incurring any economic hardship.
Payment must be made in the amount as stated on the relevant website page, or if otherwise communicated by the Coach over email at the time of agreement.
If paying by debit card or credit card, the Client gives the Coach permission to automatically charge its debit card or credit card as payment for the Coaching Services without any additional authorization, and will receive an electronic receipt.
If the Client chooses a Plan (multiple session purchase) that has a payment plan (e.g. Power Up Plan which is charged monthly), payment must be made in the amount and frequency as stated on the relevant website page, or communicated by the Coach over email.
6. Confidentiality
Information (documented or verbal) that the Client shares with the Coach as part of the coaching relationship will be kept confidential by the Coach. The Coach may disclose such information:
To a member of the Coach’s team or staff, when such member has a legitimate reason to have access to the information;
When required by statute, lawfully issued subpoena, or by court order to disclose;
When the Coach has received prior written permission from the Client.
The Client is 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.
The Coach will not disclose the Client’s name as a reference without the Client’s consent.
Confidential Information does not include information that:
Was in the Coach’s possession prior to its being furnished by the Client;
Is generally known to the public or in the Client’s industry;
Is obtained by the Coach from a third party, without breach of any obligation to the Client;
Is independently developed by the Coach without use of or reference to the Client’s confidential information;
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;
Involves illegal activity.
The Client acknowledges its continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
7. Intellectual Property Rights
The Coach promises that its Content and Materials, and other work product, does not infringe on a third party’s intellectual property rights.
The Coach retains all ownership and intellectual property rights to the Content and Materials provided to the Client as part of the Coaching Services, including all copyrights and any trademarks belonging to the Coach.
The Content and Materials are being provided to the Client for its individual use only and with a single-user license. The Client is not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Content and Materials, electronically or otherwise, without the Coach’s prior written permission.
8. Disclaimer
The Coaching Services and the Content and Materials are provided as self-help tools for the Client’s own use for informational and educational purposes only. Many factors influence personal and career outcomes, so no guarantees are made as to the results the Client will experience.
The Client agrees that the Coach is not responsible for its physical, mental, emotional, and spiritual health, for its financial earnings or losses, or for any other result or outcome that the Client may experience.
Nothing related to the Coaching Services and the Content and Materials is intended to be considered medical, mental health, legal, financial, or religious advice.
For specific questions related to the Client’s medical or mental health situation, the Client agrees to consult its own medical or mental health professional. For specific questions related to the Client’s financial, legal or tax situation, the Client agrees to consult its own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, the Client agrees to consult its own clergy member or spiritual healer.
The Client agrees to not start or stop taking any medications because of anything it has read or received through the Coaching Services and the Content and Materials.
9. Limited Liability
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations, or warranties of any kind or nature, express or implied, with respect to the coaching services negotiated, 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.
10. Indemnity
The Coach agrees to indemnify and hold harmless the Client from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third party claim arising out of a breach by the Coach of its obligations under these terms and conditions.
The Client agrees to indemnify and hold harmless the Coach from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third party claim arising out of a breach by the Client of its obligations under these terms and conditions.
11. Notices
All correspondence or notice required regarding the Coaching Services shall be made to the Coach by email at starpowercoachingservices@gmail.com and to the Client at the email address it provided during its payment for the Coaching Services. Should the Client’s email address, billing information, or contact information change at any time throughout a Coaching Sprint, it is the Client’s responsibility to provide updated contact information to the Coach within 3 days of the change.
12. Entire Agreement
Unless agreed differently in a separate written contract signed by both the Coach and the Client, these terms and conditions reflect the entire agreement (“Agreement”) between the Coach and the Client, and reflect a complete understanding of the parties with respect to the subject matter.
The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
The Client understands that it is entering into this Agreement by completing its payment (if paying in full) or submitting its first payment (if paying by payment plan).
13. Governing Law
The Client and the Coach agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflicts of laws provisions.
14. Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and the Coach agree to attempt to mediate in good faith for up to 14 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, court costs, and all costs necessary to enforce the decision of the arbitrator from the other party.
The Client and the Coach agree that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both parties, unless agreed otherwise in writing.
The Client and the Coach agree that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
The Client and the Coach agree that, should arbitration take place, it will be held in the State of Colorado.
15. Non-Disparagement
In the event of a dispute, the Client agrees to not publicly or privately make any negative or critical comments about the Coach, the Coaching Services, the Content and Materials, or Corporate Coconut LLC (including its brands), or to communicate with any other individual, company or entity in a way that disparages or harms the Coach’s reputation, including on social media.
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5. Termination & Refund
Client may cancel an Individual session up to 24-hours before the appointment and receive a refund for the amount paid, minus transaction fees. Client may cancel a Group session up to 48-hours before the appointment. No refund will be provided but the appointment can be rescheduled (see Group Plan cancellation policy below)
Client may cancel a 1-1 Plan (multiple session purchase) for a full refund, less transaction fees and the individual session price (current rate as determined by Star Power Coaching at time of cancellation) for any completed session(s). Must be within the plan term to receive a refund. For cancellation of a Plan with ongoing payments (e.g. Power Up Plan which is charged monthly) no refund will be offered for month(s) already paid for by the Client.
Client may cancel the Group Coaching 3 Session plan within 24 hours of purchase for a full refund minus transaction fees. After 24 hours, refund is not available but payment may be applied toward other Star Power coaching services.
For all Plans (bundled services or sessions), the cost of any missed Sessions will be subtracted from the Client’s remaining Coaching Sessions.
If Coach and Client have made a separate agreement via email for an invoice to be issued for the Coaching Services, the Client is required to pay by the date due on the invoice or the Coaching Services will be put on hold until payment is made. If payment is not received by the date due on the invoice, the Client will be notified by email and have a 3-day grace period to make the payment following the due date. If no payment is made within the 3-day grace period, the Coaching Services, including access to Content and Materials, will be terminated.
The Coach-Client Relationship depends upon mutual trust and respect. Upon breach of these or any terms of this agreement Star Power Coaching/Coach reserves the right to terminate the agreement with any Client upon notice, removing Client access to the website, materials, and services.
What to include in the T&C document
Generally speaking, T&C often address these types of issues: Who is allowed to use the website; the possible payment methods; a declaration that the website owner may change his or her offering in the future; the types of warranties the website owner gives his or her customers; a reference to issues of intellectual property or copyrights, where relevant; the website owner’s right to suspend or cancel a member’s account; and much, much more.
To learn more about this, check out our article “Creating a Terms and Conditions Policy”.