Direction after Divorce,™ LLC TERMS AND CONDITIONS
This agreement is made between Direction after Divorce,™ LLC, specifically, Shandy Arguelles (“Coach”) and YOU (PAID “Client”). Both parties agree to the following:
Coaching is a collaborative process with an ongoing relationship between the Client and Coach. The coaching experience supports the Client in establishing new behaviors. The coaching relationship is strengths-based, forward-looking, and collaborative. The coaching agenda is developed and implemented in partnership between the Client and Coach. The role of the Coach is to help the Client progress toward achieving a goal and uncover their mind’s process.
⮚ The Client and Coach agree to engage fully in the coaching experience. ⮚ The Client recognizes that coaching is not therapy, counseling, or consulting. ⮚ The Client further acknowledges that coaching is not legal advice and that there is no lawyer-client relationship established in any way whatsoever.
- Coach-Client Relationship.
- Client is solely responsible for creating and implementing her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and her coaching calls 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 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 she may terminate or discontinue the coaching relationship at any time.
iii. Client acknowledges that coaching is a comprehensive process that may involve different areas of 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 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 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, she will communicate honestly, be open to challenges to her thoughts, ideas, and mindset and be open to feedback and support. Client will create the time and energy to participate fully in coaching.
- Coach agrees to be non-judgmental, objective, honest and open throughout the coaching relationship; will encourage and challenge the client to take
responsibility and focus on moving forward positively; provide a supportive environment for client to work through her feelings and explore strategies for change and development; and will listen carefully, question, and use coaching skills to help the client work through issues arising and create a path towards desired outcomes.
- Coaching Commitment. By entering into this relationship, the Client and Coach acknowledge that the Client desires to make a behavioral change or some type of improvement in her life. Behavioral change often takes time to implement and sustain. The pace of change is uncertain and varies amongst individuals.
- Coaching Program. The parties agree to engage in a 12 month Group Coaching Program which includes a self-paced, automated 6-week course. Client will be given log in credentials to access a private portal as well as 12 month access to a private Facebook group (or other online platform as may be designated). Twice monthly live group coaching calls via Zoom (or similar program as may be deemed by the Coach) and streamed through the private Facebook group (or other platform). A minimum of one monthly live Q&A Session will also be offered for the duration of the 12 month period. Questions may be sent in advance. All group coaching sessions and live Q&A Sessions shall be recorded for the Client’s viewing at her leisure. Coach may also be available for additional time on a private basis, at Client’s request, for an additional fee as to be determined between the Coach and Client should additional and more private services be desired. Coaching sessions may occur in person, by phone, through video conference, or over email, depending on the venue that works best for the Client and what coaching package is selected.
- Schedule and Fees. This coaching agreement is valid as of the date executed. The 12 month period will begin to run on the first day of the month following execution. The fee for the 12 month Coaching Program which includes the 6 week course, is Four Thousand Nine Hundred Ninety Seven dollars ($4,997) or as otherwise may have been agreed. The cost of the program is due in full and shall be paid online via STRIPE or cash or check payment sent to Direction after Divorce, 118 W Hall Avenue, Slidell, LA 70460.
- Refund Policy. Due to the nature of the consumption of the online material, your sale is final and you are not eligible for any refund.
- Intellectual Property.
- Ownership of the Content. The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Direction after Divorce™ website, portal, or any third-party website Direction after Divorce™ may use to distribute or host the Direction after Divorce™ Activities, contained in e-mails sent to you by Direction after Divorce™, or provided at in-person events by Direction after Divorce™, as well as the look and feel of all of the Content is property of Direction after
Divorce™ and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
- Direction after Divorce™ Limited License to You: When you view, purchase or access any Direction after Divorce™ Activities or any of the Content, you will be considered our Licensee. You are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may view, download, print, email and use pages of Direction after Divorce™
Activities and Content for your own personal purposes only. You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, your clients or customers, or any other third party, or otherwise use any material from the Direction after Divorce™ Activities or Content for commercial purposes or in any way that earns you or any third party money.
iii. Unauthorized Use. Your use of any materials found in the Direction after Divorce™ Activities or Content or private groups held on third-party forums operated by Direction after Divorce™, other than that expressly authorized in this agreement is not permitted.
- Your License to Direction after Divorce™; Use in Testimonials and Marketing. By posting or submitting any material during the Direction after Divorce™ Activities such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of current or future Direction after Divorce™ Activities and Content.
By participating, you also consent to video and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by Direction after Divorce™ during the Program that may contain you, your voice and/or your likeness.
You also grant Direction after Divorce™ the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. This means you give Direction after Divorce™ permission to use anything you submit or post in the Direction after Divorce™ Activities or any
third-party forum or website operated by Direction after Divorce™, or anything captured by Direction after Divorce™ during your participation in the Direction after Divorce™ Activities, other than images in which your face is visible and recognizable or your full name.
- Confidentiality. Direction after Divorce™ is not legally bound to keep your information confidential. You acknowledge that our communications are not covered by any lawyer client privilege or other privilege. Direction after Divorce™ may record coaching calls and share them in the Program or on third-party forums operated by Direction after Divorce™. Where coaching sessions are conducted in a group format, you agree (as do the other participants) to maintain the confidentiality of all information communicated to the client by Shandy and Shandy’s other coaching clients, unless otherwise expressly permitted in writing.
- Limited Liability. Shandy’s coaching is provided with reasonable care and skill. 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. The client is responsible for the actions she takes or does not take following the coaching received. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages.
- Entire Agreement. This document reflects the entire agreement between Coach and Client, and reflects a complete understanding of the parties with respect to the subject matter. Client expressly represents that no oral representations have been made. This Agreement may not be amended or supplemented except in writing and signed by both Coach and Client.
- Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If limiting such provision would deem it valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
- Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the State of Louisiana.
- Binding Effect. This Agreement shall be binding upon the parties hereto.