Terms & Conditions

Below are the following terms, conditions and duties of the coach, Emily Geizer (“EG”) as well as obligations and expectations of you, the client (“Client”) in your work together in a session and program.

Sessions and Cancellations:

  1. Each one-on-one coaching appointment at which the Services are provided (“Session”) shall last for a predetermined amount of time..

  2. All sessions will take place via telephone call, unless otherwise specified.

  3. Client agrees to reimburse EG in full and indemnify EG against any claim from any third party (including any costs and expenses such as attorney’s fees) arising out of Client’s actions or inactions while at any third-party venue for a Session.

  4. Client may cancel a Session with notice in writing, by email or by telephone to the other no less than 24 hours prior to the start of the scheduled Session.

  5. Any scheduled Session not cancelled with at least 24 hours notice will be lost, and no refund shall be given. 

Duties of Coach:

  1. EG shall provide the Coaching Services with due care, skill and ability.

  2. All warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching, no particular results are guaranteed.

  3. If for some reason, EG cannot provide the Session at the agreed-upon time, EG will provide Client with as much notice as possible, and Session shall be rescheduled for a mutually agreed-upon time.

  4. Client understands that no medical, legal, financial, accounting, or other professional advice is being offered in the course of any Session.

  5. Client agrees that EG provides coaching to the Client and teaching skills to the Client within her scope of practice; EG is not a doctor nor a therapist and does not provide therapy or medical advice.

Fees:

  1. Fees vary by package and are displayed per product as relevant. Some packages are one-time payment and others are recurring membership.

  2. Client may contact EG between Sessions via email and/or Voxer, EG will do its best to respond free of charge within 2 business days (excepting weekends, vacations and holidays). Should EG determine that more time is needed to deal with a particular communication, EG may advise Client to arrange an additional Session (pursuant to the Fees set out above) or inform Client of the additional time needed to respond to said query and the fee payable for said response to same. EG will obtain Client’s approval prior to incurring any such additional fees. 

  3. In the event client does not pay in full up front, client shall make arrangements to pay in installments. If payment is declined, Client then has 3 business days to provide EG with a new credit card number. If Client does not complete payment of outstanding invoices within three days, all services (Sessions and email / Voxer support) are paused, and a 10% late fee shall be added to the outstanding invoice.

  4. Without prejudice to any other right or remedy possessed by EG, should Client fail to pay any invoice within 3 days of submission, EG may charge interest on such sum from the due date for payment; and EG may also suspend all Services until payment is made in full.

  5. Due to the nature of coaching this is a nonrefundable service. EG will provide coaching with utmost skill, presence and care, and results of coaching are dependent on client's willingness to take action.

Confidentiality:

  1. EG acknowledges that in the course of providing the Services, EG may have access to Confidential Information, defined as “information related to Client and Client’s affairs that is confidential to client, including information obtained in connection with the services, and the fact that services are being provided to Client.”

  2. EG agrees not to use or disclose to any third party any Confidential Information (except in the proper course of performing the Services). This restriction does not apply to any use or disclosure authorized by Client or required by law; any use or disclosure which EG in its absolute discretion considers necessary or advisable in order to prevent illegal acts or harm to Client or to others; or any information which is already in the public domain.

  3. Client acknowledges that as is good practice, Emily Geizer engages her own Coach to keep the Services she offers on behalf of EG sharp and current. Client agrees that Emily Geizer / EG may disclose any issues which arise out of any Session with Emily Geizer’s / EG’s own coach, supervisor and/or supervision group but Emily Geizer on behalf of EG agrees only to disclose such issues on a general basis and without disclosing Client’s name.

  4. Client may disclose to third parties such information about the Sessions as client desires.

Intellectual Property and Privacy

  1. Client acknowledges and agrees that his/her personal data will be processed by and on behalf of EG as part of providing the Services.

  2. Client may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials used in the Sessions to which EG holds an ownership, copyright, or exclusive license.

  3. EG grants Client a limited, non-exclusive, non-transferable, non-sub licensable revocable license to use any and all of the content or material used in the Sessions for the purposes for which the content was provided in the Sessions only.

Termination

  1. If either Client or EG gives notice to terminate this Agreement, then Client shall make himself/herself available for a final Session as soon as reasonably possible after such notice.

  2. On or before the termination date of this Agreement, Client shall immediately pay any unpaid fees or other sums payable under this Agreement.

  3. Termination of this Agreement shall not affect the accrued rights, remedies, obligations and liabilities of the parties upon the date of termination of the Agreement.

  4. Clauses which have effect after termination shall continue in force and effect after the termination date of this Agreement, including the clause concerning Confidential Information, Limitation on Liability and Governing Law and Jurisdiction.

NOTICES Any written notices provided for in this Agreement shall be in writing and shall be deemed sufficiently given if either hand delivered or if sent by fax or overnight courier, or by postage prepaid first class mail. Notices sent by mail shall be deemed received three business days after mailing but in no event later than the date of actual receipt. Notices shall be directed, if to Client, at the address indicated by the Company’s records, or if to the Company, at its principal executive office.

Status of Parties

  1. The relationship between EG and Client shall be that of independent contractor, and nothing in this Agreement shall render Emily Geizer or EG the employee, worker, agent, or partner of Client.

Liability

  1. EG shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information or any special, indirect, consequential or purely economic loss, costs, damages, charges or expenses suffered or incurred by Client as a result of Client entering into this Agreement.

  2. The total liability of EG in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by Client for the Sessions.

  3. If Emily Geizer and/or EG is prevented from or delayed in performing any obligations under this Agreement by Client’s act or omission or by any circumstance outside of the control of Emily Geizer and/or EG, Emily Geizer and/or EG shall not be liable for any costs, charges, or losses sustained or incurred by Client that arise directly or indirectly by such prevention or delay.

  4. The provisions of the clause on Liability shall survive termination of this Agreement.

FORCE MAJEURE Emily Geizer and/or EG shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Emily Geizer and/or EG.

WAIVERS Any failure by Client to comply with any obligation, covenant, agreement, or condition herein may be waived only by a writing signed by Emily Geizer and such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

VARIATION No variation of this Agreement shall be valid unless it is in writing and signed by or on behalf of each of the Parties.

GOVERNING LAW AND JURISDICTION This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of North Carolina. The parties agree that the courts of North Carolina shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation.

If there is a time when EG excuses a breach of any of the provisions of this Agreement, such an excuse will not be deemed to be or construed as a continuing allowance of such a breach.

AGREEMENT Client is provided these terms to engage with EG and may request modification prior to payment or engaging with EG. Terms cannot be adjusted by the Client once services are begun and payment has been made.