Terms and Conditions

Last updated: June 22, 2022

Please read these terms and conditions carefully before using Our Service.

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Acknowledgment

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These are the Terms and Conditions governing the use of this Service and the agreement that operates between You the Client and the Company/Coach/Consultant (Kendrek Douglas). These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

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Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

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You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

Description of Coach/Consulting: 

 

Coach/Consulting is partnership (defined as an alliance, not a legal business partnership) between the  Coach/Consultant and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.

 

1) Coach/Consultant-Client Relationship

 

A. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Coach/Consulting relationship and his/her Coach/Consulting calls and interactions with the Coach/Consultant. As such, the Client agrees that the Coach/Consultant 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/Consultant. Client understands Coach/Consulting is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

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B. Client further acknowledges that he/she may terminate or discontinue the Coach/Consulting relationship at any time.

 

C. Client acknowledges that Coach/Consulting is a comprehensive process that may involve different areas of his or her life. The Client agrees that deciding how to handle these issues, incorporate Coach/Consulting principles into those areas and implementing choices is exclusively the Client’s responsibility.

 

D. Client acknowledges that Coach/Consulting does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that Coach/Consulting 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 Coach/Consulting relationship agreed upon by the Client and the Coach/Consultant.

 

E. The Client understands that in order to enhance the Coach/Consulting 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) Services

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The parties agree to engage in a Coach/Consulting Program as indicated based on the selected program purchased via the website. Coach/Consultant may also be available for additional time, per Client’s request on a prorated basis rate aligned with the Coach/Consultants hourly rate as determined through your selected plan/or service  that was purchased (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours). 

 

3) Schedule and Fees

 

Will be aligned to what is booked via the website when purchasing your plan and or service. The refund policy in effect for the term of this Agreement is as follows: 

 

Refund Policy - A full refund is available to you less a 3% processing fee after the first session should you decide you do not want to continue with the remaining sessions. To receive this refund, you must contact your Coach/Consultant in writing within 24 hours after the first session. Failure to do so will forfeit your opportunity for a refund. You will still however be able to cancel and receive a refund less a 3% processing fee for any future services not yet utilized. One-time Analysis that are completed for you are non refundable as these are finalized products tailored to your specific needs. If you choose to cancel your order after the initial assumptions appointment before work has begun on your project (within 2 hours) the full amount will be refunded less a 3% processing fee. 

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Scheduling Changes / Cancellation - Your Coach/Consultant asks that there be at least 8 hours notice given for requests to reschedule. This is to be respectful of everyone's time and help ensure continued service for everyone involved. If this is the first occurrence your Coach/Consultant will do his best to attempt to reschedule you to an alternate day, after that the assumption will be that you would not like to continue service. You will receive a full refund less a 3% processing fee for the missed appointment and future appointments will be cancelled with a full refund less a 3% processing fee.

 

If you are subscribed to a monthly plan, a missed appointment will not affect your status. You will skip the session and continue with the remaining sessions per your plan. If for any reason your Coach/Consultant needs to reschedule you he will provide 24 hours notice, if less than 24 hour notice is given, and you do not wish to reschedule, your Coach/Consultant will refund you the prorated amount for that specific appointment less a 3% processing fee. 

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Cancellation Of Subscription - Certain of your Coach/Consultant's products and services are offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time by contacting us through our contact section. Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period, provided that you have contacted your Coach/Consultant to request cancellation at least 2 business days before your next monthly payment comes due. You shall not be charged after a cancellation.

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4) Procedure

 

The time of the coaching/consulting meetings and/or location will be determined by Coach/Consultant and Client based on a mutually agreed upon time. 

 

5) Confidentiality

 

This coaching/consulting relationship, as well as all information (documented or verbal) that the Client shares with the Coach/Consultant as part of this relationship, is bound by the principles of confidentiality and will not be shared with third party providers. However, please be aware that the Coach/Consultant-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/Consultant agrees not to disclose any information pertaining to the Client, outside of the details shared via the website to communicate and or book services, without the Client’s written consent. The Coach/Consultant will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the Coach/Consultant'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/Consultant from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach/Consultant without use of or reference to the Client’s confidential information; or (e) the Coach/Consultant is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach/Consultant and as a result of such disclosure the Coach/Consultant 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/Consultant in a timely manner. According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching/consulting professionals for training, supervision, mentoring, evaluation, and for coach/consultant professional development and/or consultation purposes. 

 

6) Termination

 

Either the Client or the Coach/Consultant may terminate this Agreement at any time with  written notice at least 2 days prior to the next billing cycle. Client agrees to compensate the Coach/Consultant for all coaching/Consulting services rendered through and including the effective date of termination of the coaching/consulting relationship. 

 

7) Limited Liability

 

Except as expressly provided in this Agreement, the Coach/Consultant makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching/consulting services negotiated, agreed upon and rendered. In no event shall the Coach/Consultant be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach/Consultant’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/Consultant under this Agreement for all coaching/consulting services rendered through and including the termination date. 

 

8) Links to Other Websites.

 

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

 

9) Entire Agreement

 

This document reflects the entire agreement between the Coach/Consultant and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. 

 

10) Changes to These Terms and Conditions.

 

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

11) Dispute Resolution

 

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 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 and court costs from the other party. 

 

12) 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 the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

 

13) 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. 

 

14) Applicable Law

 

This Agreement shall be governed and construed in accordance with the laws of the State of Michigan, without giving effect to any conflicts of laws provisions. 

 

15) Binding Effect

 

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. 

 

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

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• By visiting this page on our website: www.kendrekdouglas.com