rREST ONE-ON-ONE COACHING AGREEMENT
rREST SESSION / PACKAGE
This Client Agreement is entered into and effective on the date of purchase by the purchaser “Client” and between rREST, Inc., a State of Washington S-Corporation (“Company”). This Client Agreement outlines the relationship between Company and Client and defines how the parties will work together.
For good and valuable consideration, Client agrees to purchase rREST Session(s) individually (“Coaching Session”) or as a coaching services package, (“Coaching Package”) from the Company. In exchange, Company agrees to provide coaching services for Client, using appropriate techniques in accordance with Client’s needs and in alignment with Company’s role as a coaching services company, with details as outlined below.
COACHING SESSION AND/OR COACHING PACKAGE DETAILS:
rREST Coaching Session(s) and Coaching Package(s) are designed as a one-on-one interaction between a Client and a Licensed rREST Coach (“rREST Coach” or “Coach”), and may be provided either virtually or in person. Your Coach is trained in the rREST method of coaching to help you meet personal objectives as determined between Coach and Client during a Coaching Session or Coaching Package. A rREST Coach will make every effort to help you reach your individual goals, however, any and all results of the sessions are the sole responsibility of the Client. Coaching exists to assist the Client in pursuit of goals through implementation of Coaching Sessions or Coaching Packages. Individual results may vary based on openness to the technique, implementing the integration recommendations made by the Coach, and Client’s individual circumstances, efforts, commitment, and mindset, amongst a myriad of other factors beyond the control of a rREST Coach or rREST Inc. Coaching is not therapy. rREST Inc. does not provide therapy, although some rREST Coaches may offer therapy as part of their other independent services.
A Coaching Session includes the following services:
- (1) 50-minute rREST Session with a rREST Coach generally as follows:
- Discovery conversation to determine personal goals, obstacles, dreams and objectives. These conversations vary by Coach and Client, and are intended to guide the Coaching Session or Coaching Package.
- rREST coaching implementation with a rREST Coach.
- Customer support by Coach or rREST staff ([email protected]).
- Email and/or landing page access with instructions on how to prepare for, and recommendations on how to get the most out of, rREST Coaching.
- Most rREST Coaching takes place virtually via a video conferencing platform, telephone or other digital communication medium. Individual rREST Coaches may offer in-person coaching upon request. However, in-person coaching is not guaranteed or included as part of this Coaching Agreement.
- rREST Coaching is conducted in a private, one-on-one setting unless otherwise agreed upon by Client and Coach. While the Coach will make every effort to protect privacy of the setting, Client understands that interruptions to virtual settings are possible. The Client is responsible for maintaining privacy in Client’s own virtual environment.
- Each rREST Coach may offer additional and varying services in connection with a rREST Coaching Session or rREST Coaching Package, either free or for an additional charge, that are not part of this Coaching Agreement, and not the responsibility of rREST Inc.
- Opportunity to join the online rREST Community Social Media Group (e.g. Facebook).
- Opportunity for registration to rREST emails and advertisements that may provide discounts on future rREST Inc. services.
A Coaching Package includes the following services:
- All Services provided in an individual Coaching Session as outlined above.
- A predetermined number of individual Coaching Sessions as selected during checkout and purchase.
- Opportunity to obtain bulk pricing in exchange for purchase of multiple Coaching Sessions as a single package, as advertised at time of purchase.
- Purchase of individual Coaching Sessions is only available to existing Clients, after purchase and completion of a Coaching Package, unless otherwise advertised and authorized by rREST Inc. or a rREST Coach.
The term of this Client Agreement shall be from this day through no later than 6 months and all sessions must be used in entirety by then. If there are any unused sessions remaining at the end of the term, they will be forfeited, without refund.
In consideration for the Coaching Package services provided by Company to Client, Client agrees to pay Company a fee (“Fee”) as advertised at time of purchase and/or agreed upon purchase price at purchase site checkout. Client agrees to make all payments according to payment terms at time of purchase via legal tender at time of purchase. Company’s obligation to provide services to Client are conditional upon Client making timely payment.
Client shall make initial payment in full prior to gaining any access to Coaching Sessions. Return of payment will result in forfeiture of rREST Coaching Sessions and void this agreement.
- One-on-One Coaching Sessions.
One-on-one coaching sessions typically take place virtually via a video conferencing platform or as otherwise coordinated between Client and Coach. If Coaching Sessions or Coaching Package is purchased through a rREST Inc. website, Client will schedule sessions with rREST Coach that Company has connected with Client via email. Sessions will be initiated by Coach at the designated session time in prior coordination with Client.
If Client needs to reschedule or cancel a session, Client agrees to provide a minimum of 24 hours by contacting Coach at the contact information provided by Coach upon scheduling coordination. “No-shows” or sessions cancelled with less than the required notice will not be rescheduled and the session will be deducted from the Coaching Package.
- Social Media Group.
Client may be granted access to a private group on social media as part of a Coaching purchase. When participating in this group, Client agrees not to post anything defamatory, harmful, hurtful, harassing or that would constitute cyberbullying. Client understands that Company has a zero tolerance policy and will immediately terminate Client’s access if this provision is violated.
- Access to Company.
During the Coaching Package, Company will be accessible to Client by [email protected]. This includes reporting an unresponsive Coach who does not meet the obligations of this agreement and/or request of a change in Coach due to unavailability of designated Coach. Company will respond as soon as possible, usually within 3 business days and, if there is unexpected delay, Company will inform Client within a reasonable time period with an update on when Client can expect a full response. rREST Inc. is not responsible for packages or sessions not purchased directly through rREST Inc.
Client agrees to coordinate with designated Coach upon being connected via email by rREST Inc. Client agrees to adhere to the payment terms of this Agreement, arrive at sessions on time, actively participate in the coaching process, apply 100% effort to get results, be honest with Company and/or Coach, communicate respectfully to Company and/or Coach, and complete reasonable recommendations given by Company and/or Coach.
Coaching is designed to support Client in reaching Client’s goals, but Client success depends on many factors, including Client’s own motivation, dedication, investment of time, willingness to be open, starting point, expertise, life experience, etc. and Client understands that these factors will impact Client results. Client also understands that coaching services offer guidance, direction and program materials, but the Client is responsible for implementing these recommendations.
Company and/or Coach agrees to deliver rREST Coaching Session(s) during the designated time allotted, carry out Coaching Session(s) in a professional manner, and deliver according to the terms of this agreement the appropriate number of rREST Coaching Sessions purchased by Client. Client acknowledges that in some instances Coaching Session(s) may be delayed or rescheduled (to a mutually agreed upon time) due to circumstances beyond the control of the Coach or Company.
This Client Agreement is a mutual non-disclosure agreement with both Company (and/or Coach) and Client agreeing not to disclose or make use of any confidential information learned about or through the other party. This mutual non-disclosure agreement remains in effect, even upon the completion and termination of this Client Agreement. Any violation of this non-disclosure agreement may result in legal action against Client.
Throughout the Coaching Package, Client will share private and confidential information with Company and/or Coach for Client’s personal benefit. Company and/or Coach agrees not to disclose such confidential information to any third parties. Client may authorize Company and/or Coach to disclose such information in writing.
A reserved exception to this is if Company and/or Coach is required by law to disclose information shared by Client, or if Company and/or Coach has a good faith reason to believe that disclosing such information is necessary to protect Client, Company and/or Coach, a third party, or to respond to an emergency. In such an event, Company and/or Coach will limit disclosure to essential information.
Throughout the Coaching Package, Company and/or Coach will share proprietary and confidential information with Client, for Client’s personal benefit, including, but not limited to, personal information, financial information, strategies, techniques, original work, intellectual property, and other unpublished information. Client agrees not to disclose such confidential information to any third parties.
All information shared in the social media group by Company and/or Coach or other group members is confidential. Client agrees not to disclose any information learned by, through or about any other group members.
Client and Company and/or Coach agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.
Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Coaching Package, unless otherwise stated, including but not limited to, documents, videos, audio recordings, worksheets, emails, handouts, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Client or specifically created for Client.
All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.
Client agrees not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent. If a violation of this provision is discovered or suspected, Company may terminate Client’s access to the Coaching Package, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law.
Client may terminate this Coaching Agreement and discontinue the Coaching Package at any time, for any reason, by providing notice to Company in writing, subject to the refund policy in this Coaching Agreement.
Company and/or Coach may terminate this Coaching Agreement and discontinue the Coaching Package if Company determines, in its sole discretion with no requirement for explanation, that the relationship must terminate. In that event, Client will be entitled to a pro-rated refund of the remaining Coaching Sessions. rREST Inc. will retain the full retail price of completed sessions, and refund any remaining balance up to the agreed upon purchase price of the Coaching Package.
Company’s refund policy is as follows:
There is a 72-hour refund period only if no Coaching Sessions are completed during the initial 72-hours immediately following Coaching Session or Coaching Package purchase (“Refund Period”). Client is required to provide notice in writing to [email protected] prior to expiration of the Refund Period. Otherwise, all purchases are non-refundable.
Once a single Coaching Session is completed, and because Company and/or Coach has committed time to working with Client, no refunds will be given.
Client understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy.
Client further understands that if Client cannot participate in the Coaching Package and does not request a refund in writing as specified in these terms, full payment is still due and/or retained by Company and/or Coach under this Agreement. Any chargeback or threat of chargeback made by Client will result in immediate termination of Client’s access to the Coaching Package and an additional $500 fee to Client.
NO GUARANTEES, NO WARRANTIES.
Client is participating in this Coaching Package voluntarily and understands that Company and/or Coach makes no guarantees regarding Client’s results with this Coaching Package. Client agrees that Company and/or Coach is not responsible and Client does not have a cause of action, legal remedy or an entitlement to a refund if Client does not achieve the desired result, or if there are errors or omissions in the Coaching Package and/or Coaching Session, or any of its materials.
The Coaching Package is provided “as is,” and, except for the express warranties in this Client Agreement, is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement. Client’s participation is voluntary and agrees not to hold Company and/or Coach responsible if Client becomes dissatisfied with the Coaching Package.
DISCLAIMER, FULL DISCLAIMER INCORPORATED BY
Nothing in the Coaching Package or Coaching Session is intended to constitute or should be relied upon as mental health, medical, financial, business or legal advice. Client understands that Company and/or Coach is not a psychologist’s office, psychiatrist’s office, therapist’s office, mental health practitioner’s office, physician’s office, naturopath’s office, licensed dietitian’s office, other licensed or registered healthcare professional’s office, accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such. Nothing in the Coaching Package is intended to be a substitute for professional advice from a mental health professional, healthcare professional or licensed business professional. Company and/or Coach is providing services only in the capacity as a Life and/or Wellness Coach, not as a licensed mental health, medical, financial or business professional. Coaching is in no way to be construed as psychological counseling, therapy or medical advice. Our Services are intended to provide you with tools to implement and use in your own life for self-help.
Client has read, understands and consents to be bound by Company’s full Disclaimer, located at https://www.rrestacademy.com/pages/terms, which is incorporated here.
ASSUMPTION OF RISK.
Client understands that the Coaching Package may include participation in lifestyle, financial, business or career strategies, which include inherent risks of negative results. Client confirms that during this Coaching Package with Company and/or Coach, Client will always have the opportunity to consult with a licensed mental health professional or licensed business professional before acting on any content of the Coaching Package or Coaching Session. If Client chooses not to speak to a licensed mental health professional or licensed business professional, Client assumes all risks of use or non-use of Company’s Content and agrees not to hold Company and/or Coach responsible for any harm, injury or other negative result.
LIMITED LIABILITY, INDEMNIFICATION.
Client agrees that under no circumstances is Company and/or Coach to be held liable for any damages, whether direct or indirect, resulting from this Client Agreement or the Coaching Package, including any negative financial, business or career results, and Company and/or Coach expressly excludes such liability to the fullest extent of the law. In no event shall Company’s and/or Coach’s liability exceed the fees paid under this Client Agreement.
Client agrees at all times to indemnify, defend and hold Company and/or Coach and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to this Client Agreement or Coaching Package.
This Client Agreement shall be construed in accordance with, and governed by, the laws of the State of Washington as applied to contracts that are executed and performed entirely in Washington, regardless of Client’s and/or Coach’s location. The exclusive venue for any legal proceeding based on or arising out of this Client Agreement shall be Snohomish County, Washington.
DISPUTE RESOLUTION, LITIGATION EXPENSES.
Should any dispute arise between Client and Company (and/or Coach), it would be preferable to work it out amicably, but if that is not possible, then Client agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Snohomish County, Washington. Client agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgement of law. Client understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.
Client understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO CLIENT.
If any legal action is brought because of an alleged dispute regarding this Client Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.
ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT.
Client and Company agree that this Client Agreement constitutes the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals. Client understands that any expectation regarding the Coaching Package, which is not specifically included in this Client Agreement, is not included in the Coaching Package or Coaching Session.
Client agrees that no waiver of any of the provisions of this Client Agreement shall be deemed, or shall constitute, a waiver of any other provision of this Client Agreement, nor shall any waiver constitute a continuing waiver.
Client agrees that this Client Agreement is not to be altered, amended, extended or considered waived in any way, except in writing, with an additional Addendum, signed by both Client and Company, or by an authorized signatory for either party.
If any term of this Client Agreement is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.
This Client Agreement is not assignable, delegable, sub-licensable, or otherwise transferable.
All notices, requests, demands, and other communications regarding this Client Agreement shall be in writing, sent via the US mail, addressed as follows:
19125 North Creek Pkwy
Bothell, WA 98011
Client and Company agree that electronic signatures are a valid form of signature for this Client Agreement.
Client and Company agree that Client accepts these terms and conditions by checking the appropriate box during checkout and this action by Client constitutes an electronic signature by Client for acceptance of these terms and conditions.