Radiance Holistic Coaching, LLC
CLIENT AGREEMENT
This Agreement for coaching is made and entered into on the date below (“Start Date”) by and between Radiance Holistic Coaching, LLC and coach Meira Yasin, a Relationship Coach (hereinafter “Coach” “we” “us” “our”), and Client Name (hereinafter “Client” or “you”).
Coach agrees to provide you with holistic coaching services focused on relationships, involving direct and personal conversations conducted via scheduled face-to-face video appointments. Coaching will focus on Client’s developing personal, emotional, spiritual, mental, physical, and lifestyle goals; assisting with designing and carrying out plans to achieve those goals toward positive results (collectively, “Relationship Coaching”).
THE COACHING PROGRAM
Coach agrees to provide Mind-Body-Spirit Coaching services as part of the following Program:
Purpose: The goal of the Program is to empower individuals to be more vital, radiant and resilient, through mind, body, and spirit holistic coaching. Its purpose is to help Client begin to transform how Client engages and succeeds in Client’s life, whether that is at home, at work, or anywhere else that is important to Client. The Program is customized to fit Client’s needs and to empower Client to better understand Client’s thoughts and so Client can realize Client’s thoughts create feelings which significantly influence Client’s actions and their results. Although the Program typically focuses on each Client’s mindset and Client’s focus on Client’s self, Coach seeks to help Client regain control over their life’s goals. Coach will strive to help Client achieve different results in Client’s life by encouraging Client to purposefully identify thoughts, feelings, and actions that may serve Client better to help Client achieve Client’s goals.
Appointments: Coach will meet with Client to discuss the topics, goals, strategic plans, and results developed by the Client as part of this Program. The Program includes the following means of communication:
Email Support: In addition to the video sessions, Client is free to communicate with Coach, or any member of Coach’s team and/or staff, emails during the Program. Emails should be limited to issues, questions, concerns, comments or any other reasonable Program support concerns and shall be sent to Coach at meira@radianceholisticcoaching.com. Email support shall not take the place of or be the equivalent to the live video sessions. They are merely for supporting Client during the Program. Coach or her team/staff will respond to all emails in a timely manner. Client understands that email is not a secure means of communication, and consents to this means of communication by entering into this Agreement.
Messaging support: Client may send Coach, or any member of Coach’s team and/or staff, messages using Instagram or Facebook messenger during the Program. As above, messaging is limited to issues, questions, concerns, comments or any other reasonable Program support purposes and shall not be a replacement for the live video sessions. All messaging shall be sent to the Coach’s contact information provided to you upon enrollment into the Program. Coach or Coach’s team/staff shall respond to all messages in a timely manner. Client understands that messaging is also not a secure means of communication, and consents to its use by entering into this Agreement.
Scheduling: Client shall schedule the live video sessions with Coach via the Coach’s online portal on Systeme.io or by email to meira@radianceholisticcoaching.com. In the event Coach must reschedule a live video session, Coach will make every effort to notify Client at least 24 hours in advance through Client’s preferred route of communication and reschedule the missed appointment. Should Client need to reschedule a live video session, Client must notify Coach within 24 hours before the scheduled appointment to reschedule. Otherwise, the missed appointment will be charged against Client and not rescheduled. There are no refunds for a missed appointment.
EXCLUDED SERVICES
The Program does not include the following:
Medical Care. Coach does not diagnose, heal, treat, nurse or claim to cure or relieve any medical or psychological condition. Further the Services are not designed to replace conventional treatment methods of medical or psychological conditions. Even if Coach is a licensed healthcare provider (for example, a licensed advanced practice registered nurse or clinical nurse specialist), that individual is not operating in a professional, licensed capacity, and does not provide medical or psychological care. Coach will not run tests, make diagnoses, recommend specific supplements, design individual meal plans, recommend or refer Client to specific health care providers, or perform other health care services. For that care, Client will need to continue to see their own primary care physician and other health care professionals. Coaching is a premium service but does not replace Client’s doctor. Client understands, acknowledges, and agrees that neither Radiance Holistic Coaching, LLC nor Coach provides nursing or medical care, psychiatric, behavioral health counseling, or case management services.
Telemedicine. Neither Radiance Holistic Coaching, LLC nor Coach provides telemedicine services in the provision of its live video coaching sessions. There is no practitioner-patient relationship because Coach does not render medical or psychological advice or care to Client. As such, Radiance Holistic Coaching, LLC or Coach will not collect information regarding Client’s medical/psychological diagnosis, medical or psychological history, or current treatment. This does not preclude the use of video conferencing, messaging, and email to support Client’s success.
Emergency or urgent care. No emergency or urgent care is provided by Coach and access via phone, email or text messaging does not constitute urgent or emergent medical care or advice. Coach may immediately terminate any session if she believes that there is the risk of a medical or psychological emergency that requires intervention.
Recommended follow-up therapies. Coach may suggest Client seek a licensed medical or psychological healthcare provider for additional care. In so doing, these suggestions do not constitute needing medical or psychological care. Neither Radiance Holistic Coaching, LLC nor Coach will pay for the cost of these providers or make individual provider recommendations.
FEES AND BILLING
Program Fees: Client agrees to a single payment of $2000 or 4 monthly payments of $ 600 for the Mind-Body-Spirit Coaching and the Let Go and Level Up in Love Coaching Program. Client is responsible for the full extent of the Fee. This Agreement does not become effective on the date that Client signs this Agreement until the required fees have been paid. At that time Coach shall send a scheduling link to Client. If Client cancels participation for any reason whatsoever, Client will receive no refund.
Payment: Client shall pay the above payments to Radiance Holistic Coaching, LLC via Square (“Payment Provider”). Absent a payment plan, the full amount of the Program is due in full before Coach shall provide any Mind-Body-Spirit Coaching or access to the Program Materials. The link for payment is found online. Client acknowledges and agrees to the Terms and Conditions of the Payment Provider.
Optional Installment Plan: It is the Coach’s discretion to agree to a payment plan consisting of 4 equal monthly installments of $600, or 6 equal monthly installments of $400, with the first payment due upon endorsement of this Agreement, before the Client has access to the Mind-Body-Spirit Coaching or access to the Program Materials.
Non-Payment: If the Client fails to make the payments outlined in this Agreement, Client agrees he/she will promptly notify Coach and/or Coach’s Team within a three (3) business day period to ensure Coach knows that the payments were missed. Should a payment not be received within the three (3) business day period, Coach shall consider this Agreement terminated by Client and cease client’s access to the Program and Coach.
DECLINATION; TERMINATION
An individual may be declined Services if Coach in her sole discretion determines that the individual should be referred for medical or psychological or other care from a licensed healthcare practitioner. Further, the Program may be terminated at any time, at the sole discretion of Radiance Holistic Coaching, LLC, for nonpayment of fees, abusive or disruptive conduct, harassment, or if Coach determines that this program may not be a good fit for Client or Coach.
REFUND POLICY
Radiance Holistic Coaching, LLC and Coach have sole discretion for any refund following termination or declined services by Coach. Client understands that Coach may not refund any past payment once Client has received at least one individual live video session, included in the Program. Should Coach experience an unforeseen event which would cause her or her team to be unable to provide all the Relationship Coaching services or complete the 16-week Program, Client shall be entitled to a partial refund prorated for the number of weekly appointments cancelled by the Coach. Coach also has the discretion to exchange the value of the refund for services which are equivalent to the cost of the unused portion of the Program, the choice of which shall be at the option of the Coach.
Client understands that changing his/her mind about the Program, not experiencing the results he/she expected or desired, or failing to follow the details of the Program provided by the Coach shall not entitle the Client to a refund.
CONFIDENTIALITY AND NON-DISCLOSURE
Confidential Information: The term “Confidential Information” as used in this Agreement means all trade secrets, data or information created or revealed by the Program and not generally known outside it. Without limiting the scope of this definition, Confidential Information shall include, but is not limited to coaching strategies, exercises, workbooks, trainings, videos, other methodologies Client learns because of working with Coach, plans or outlines for future programs or packages, information contained in any document, or any other original work created by Coach, and all other intellectual property of Coach or Radiance Holistic Coaching. This does not include information created or received by Coach from any outside source or Client or information Coach voluntarily discloses to the public without restriction, or which has otherwise lawfully entered the public domain. All Confidential Information and copies thereof are the sole property of Coach and Radiance Holistic Coaching. Client agrees that the prohibition on disclosure of Confidential Information by Client shall continue through the Program and shall survive the termination, revocation, or expiration of the Program and this Agreement.
Client Information: By posting or submitting any material to Coach or as part of the Program, including comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials, and you are at least 18 years old. You also agree to allow us to use such material without further authorization for purposes of training, marketing, and business development without future recourse.
Private Health Information: The Client and Coach acknowledge that the Relationship Coaching services, and the Program are neither the provision of medical or behavioral health care and therefore, Coach is not a covered entity as defined by the Health Insurance Portability and Accountability Act of 1996 and its subsequent amendments and related statutes. Nevertheless, Coach agrees to maintain the confidential personal information provided by Client under the terms of this Agreement and as part of the Program, except where disclosure may be required by law.
INTELLECTUAL PROPERTY RIGHTS
Trademarks: Radiance Holistic Coaching, LLC, radianceholisticcoaching.com, and others are either trademarks or registered trademarks of Radiance Holistic Coaching, LLC and Coach. Other product and company names mentioned on this Site may be trademarks of their respective owners. Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
Intellectual Property: Our Program, Program Materials, Modules, Emailed support, or any other content created by Coach for Client under this agreement, or any content derived from, are the intellectual property of Radiance Holistic Coaching, LLC andCoach and/or our affiliates or licensors. By entering this Agreement, you agree that you are prohibited from copying, sharing or otherwise using the Program Materials in whole or in part.
Protected Rights: You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Services or Program Materials as set forth in this Client Agreement may result in legal action to protect Coach’s intellectual property and trade secrets, and to seek damages where available. All rights not expressly granted in these terms, or any express written license are reserved by us.
Our Limited License to You: Our Programs and Services are protected by copyright, trademark, and other intellectual property laws, and the content in such is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Program Materials or any other material or aspects of Materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Agreement. By purchasing, downloading or accessing our Program, Services and Program Materials, you are being granted a limited license and as such are a Licensee. As a Licensee, you are granted the expressed permission to download, print and participate in any of our Programs or Services for your personal use and are expressly prohibited from sharing the Program, Service or Program Material with friends, family, colleagues, etc.
DISCLAIMER
Limitation of Liability: Radiance Holistic Coaching, LLC and Coach disclaim all warranties, both express and implied, including any warranty of non-infringement, fitness for a particular purpose or merchantability; and Radiance Holistic Coaching, LLC’s and Coach’s liability hereunder shall be limited to the aggregate fees paid to Radiance Holistic Coaching, LLC by Client for the Program until termination. Radiance Holistic Coaching, LLC and Coach have no liability to Client for any incidental and consequential damages, whether foreseeable or contemplated by Radiance Holistic Coaching, LLC and Coach (including but not limited to any loss, cost, injury, or expense caused by, or resulting from, a delay in responding to Client, whether from technical failures or otherwise).
Disclaimer of Guarantee: Client accepts and agrees that he or she is 100% responsible for progress and results from the Program. Radiance Holistic Coaching, LLC and Coach makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Although Coach aims to enhance overall wellness which can lead to good outcomes, Radiance Holistic Coaching, LLC and Coach makes no guarantee or warranty that the Program will meet Client’s requirements or that all participants will achieve the same results, or any particular result.
Indemnification: Client will defend, indemnify, and hold harmless both Coach and Radiance Holistic Coaching, LLC, its members, officers, employees, affiliates, contractors and successors from and against any and all liabilities and expenses whatsoever—including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements—which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of services or products or services under this Agreement; excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Coach, or Radiance Holistic Coaching, LLC, and its members, officers, employees, affiliates, contractors and successors.
DISPUTE RESOLUTION
Binding Arbitration: Client understands and agrees that by enrolling in, purchasing and/or using any of our Program, Relationship Coaching services and Program Materials, he or she waives certain legal rights. It is Radiance Holistic Coaching, LLC’s intent that should any differences arise, Radiance Holistic Coaching, LLC and Coach could work them out with Client amicably through written correspondence. However, if the parties are unable to resolve their dispute informally within a reasonable time, Client agree that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Before seeking to resolve a dispute with arbitration, you must send an e-mail to Radiance Holistic Coaching, LLC at meira@radianceholisticcoaching.com with your reasons for dissatisfaction with your Program or the Coach. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court with appropriate jurisdiction.
By purchasing our Program, Services and/or Program Materials you are agreeing to a modification of the statute of limitations such that any arbitration must begin within (1) year of the date of your correspondence referenced above or you waive the right to seek dispute resolution by arbitration or take any other legal action.
You also agree that should arbitration take place, it will be held in Richmond, Virginia, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree not to engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Coach, or any of our Program or Services except where permitted by law.
If any terms of these are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect. However, this provision shall not apply to Radiance Holistic Coaching, LLC right to collect unpaid fees or enforce the provisions this Agreement’s confidentiality, intellectual property and related non-disclosure provisions. These matters may be heard in the appropriate Virginia court located in Henrico County, Virginia, where the judge may award reasonable attorney fees and cost to the prevailing party.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with laws of the Commonwealth of Virginia without regard to its choice of law provisions and jurisdiction shall be in the appropriate federal or state court.
COMPLETE AGREEMENT
This Agreement contains the entire agreement and understanding among the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter herein. The parties agree that if any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement shall continue in full force and effect and the application of such provision to other persons or circumstances shall be interpreted so as reasonably to effectuate the intent of the Parties. The parties further agree that the Agreement is not transferrable or assignable by Client without Radiance Holistic Coaching, LLC’s prior written consent.