TERMS OF SERVICE & PRIVACY POLICY
This Agreement is entered into by and between: BE WELL FLOURISH LLC. (herein referred to as “Company”) and YOU, the viewer and user of this website and obtainer of services (herein referred to as “Client”) whereby Company agrees to provide services to Client regarding, but not limited to, Individual, Group, Small Business or Team Development (which ever appropriate) with a view to Holistic Learning and Development for a Growth Mindset, be it for personal or professional use, through partnership (defined as an alliance, not a legal business partnership) between the Company and the Client in a thought-provoking and creative process that inspires the Client to maximize potential.
This partnership is designed to facilitate the creation/development of outlined goals through strategy/plan construction for achieving those goals with system or resource identification for roll-out. Company reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify clients by posting such changes or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.bewellflourish.comon the Terms of Service page. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as messages within the Services or via email.
The Services provided are not intended for use by anyone under the age of 18. By contracting or using the Services, you represent and warrant that you: (a) are 18 years of age or older; (b) have not been previously suspended from using the Services; and (c) have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party. Individuals under the age of 18 may utilize the Services only with the involvement and consent of a parent or legal guardian, and are otherwise subject to these Terms.
Company-Client Relationship:
A. COMPANY agrees to maintain the ethics and standards of behavior established by the International Coaching Federation (ICF, www.coachingfederation.org/ethics) and/or Feeling Good Institute (FGI, https://feelinggoodinstitute.com/) . It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior.
B. Client is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Company. As such, the Client agrees that the Company 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 Company. Client understands therapy is not being provided and that coaching & consulting does not substitute for therapy if needed, and does not prevent, cure, or treat any mental/emotional disorder or medical disease. Client understands Company is not a medical services provider. Client agrees to contact medical practitioners for medical emergencies, medical diagnosis and medical support.
MEDICAL DISCLAIMER: To the maximum extent permitted by law, COMPANY’S aggregate liability related to these Terms (whether under contract, tort or otherwise) is limited to the amounts paid by you for the Products. Positive Intelligence will not be liable for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of any other person or business, whether owners, staff, agents or otherwise, affiliated with COMPANY. COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES RELATED TO THIS AGREEMENT (WHETHER UNDER CONTRACT, TORT OR OTHERWISE).
Please take note: If CLIENT suffers from (or has or has had prior history of suffering from) any form of mental health or psychological condition (including trauma), CLIENT should consult a licensed mental health professional BEFORE contracting or using the Services or content provided via the Services. If a licensed mental health professional advises CLIENT not to use the Services or content provided via the Services, CLIENT should follow such advice.
COMPANY DISCLAIMS, TO THE FULL EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITIES (WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, OR OTHER LEGAL THEORIES), FOR ANY ADVERSE EFFECT, REACTION OR CONDITION (WHETHER PHYSICAL, MENTAL, PSYCHOLOGICAL, OR OTHERWISE) WHICH CLIENT MAY EXPERIENCE AS A RESULT OF CONTRACTING AND/OR USING THE SERVICES OR ANY CONTENT PROVIDED VIA THE SERVICES.
INDEMNIFICATION: CLIENT agrees to defend, indemnify and hold COMPANY (and its directors, officers, members, investors, managers, employees and agents) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from CLIENT’s contracting and use of the Services, CLIENT’s placement or transmission of any message, content, information, software, or other submissions through the Services, or CLIENT breach or violation of the law or of these Terms. COMPANY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by CLIENT, and in such case, CLIENT agrees to cooperate with COMPANY’s defense of such claim.
C. Client further acknowledges that they may terminate or discontinue the coaching relationship at any time and that the refund policy stays in effect, despite termination.
D. Client acknowledges that services provided by the Company are a comprehensive process that may involve different areas Client’s life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching & consulting principles into those areas and implementing choices is exclusively the Client’s responsibility.
E. Client acknowledges that the Company does not involve the diagnosis or treatment of mental/emotional disorders as defined by the American Psychiatric Association and that Company services provided are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental/emotional 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 relationship agreed upon by the Client and the Company.
F. The Client understands that in order to enhance the Client/Company 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: The parties agree to engage in regular time designated sessions of specific contracted lengths of time via virtual video conference, telephone call sessions or other communication, as outlined in the package purchased and defined in Schedule A, attached to this agreement. Company assigns the Contracted Professional available to Clients. Company communicates to Client via e-mail and preferred in-app text message in between scheduled appointments as defined by the Company in Schedule A, attached to this agreement. Company may also provide Contracted Professional for additional time, per Client’s request on a prorated basis rate of $150/hour for INDIVIDUAL 1:1 CLIENT Sessions (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of contracted hours). CORPORATE and SMALL BUSINESS CLIENTS are charged a minimum retainer fee of $3,000 as contracts are outlined and specify.
3) Schedule & Fees: This Company-Client agreement is valid as of today’s date. The fee for service is outlined in a formal written contract, in the section titled and herein referred to as Schedule A. When the package is completed, new session package must to be purchased in advance for services. The sessions/communications shall be based on package purchased. If rates change before this agreement has been signed and dated, the prevailing rates will apply.
The refund policy in effect for the term of this Agreement is as follows: NO REFUNDS ARE AVAILABLE. Packages expire as outlined from date of purchase online, most recent transaction prevails. Clients must provide 24-hour notice, in writing via email or text, before cancellation or Client’s session is forfeited.
4) Procedure: The time of the contracted sessions/communications and/or location will be determined by Subcontractor assigned to Client based on mutual agreement. The Company assigned Subcontractor will provide Video Conference Login details (and/or other pertinent details) via email and text message. Client is to log into virtual video conference session at established time or may sit in the “virtual waiting room” prior to the appointment until the Company assigned Subcontractor admits the Client into the “zoom waiting room”. If the Company assigned Contractor experiences technical difficulty, Client will be notified as soon as possible.
5) Confidentiality: This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Company as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Company-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 Company agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Company 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 Company’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 Company from a third party, without breach of any obligation to the Client; (d) is independently developed by the Company without use of or reference to the Client’s confidential information; or (e) the Company is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Company and as a result of such disclosure the Coach 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 Company in a timely manner.
6) Privacy/Data Protection A. The Company and the Client will each of them comply as appropriate with applicable privacy/data protection legislation (including GDPR), binding court order, judgment or decree, guidance, codes, policy or standards. B. With regard to processing personal data/personal identifiable information (“data”) in relation to the Client, the Company will: process such data lawfully (on an appropriate basis including but not limited to consent, or to comply with the Company’s legal or regulatory obligations, or for contractual performance, or for the Company’s legitimate interests), fairly and in a transparent manner; collect such data for specified, explicit and legitimate purposes and not further process such data in a manner that is incompatible with those purposes; ensure that such data is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; maintain such data accurately; keep such data for no longer than is necessary for the purposes for which the data are processed; process such data in a manner that ensures appropriate security of the data; maintain records of such data processing under applicable privacy/data protection legislation requirements; share such data with third parties who the Company will inform the Client about; concerning such data, observe the Client’s privacy/data protection rights under applicable privacy/data protection legislation requirements, which may be subject to some conditions and exceptions; process such data for marketing purposes under applicable privacy/data protection legislation requirements; in case of a security breach concerning such data, where requirements of applicable privacy/data protection legislation are met, notify a regulatory or supervisory authority, board or other body responsible for administering privacy/data protection legislation, and the Client of the data security breach; and, where it is necessary for the Company to transfer such data internationally the Company will comply with applicable privacy/data protection legislation requirements designed to ensure the privacy of such data. C. In connection with any infringement by the Company of applicable privacy/data protection legislation requirements, including a security breach, concerning personal data/personal identifiable information in relation to the Client, the Company’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 Company under this Agreement for all coaching services rendered through and including the termination date.
7) Release of Information: (Optional, based upon specific situation) 1) The Company engages Subcontractors in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
8) Cancellation & Communication Policy: Cancellation Policy: Client agrees that it is the Client's responsibility to notify the Company _24 hours__ in advance of the scheduled calls/meetings. Company reserves the right to bill (or deduct from package) Client for a missed meeting. The Company will attempt in good faith to reschedule the missed meeting.
9) Communication Policy: The Company does not enter into contracts or provide services with CLIENT for the purpose of creating a “friend” type relationship with COMPANY Contractors or Employees. The Company does NOT fraternize with Client outside of a professionally designed environment for contracted services. The Company assigned Contractors do not maintain friendships with the Client. If the Company assigned Contractor chooses to form a friendship with Client the Client will be assigned to a different Professional within the Company or referred to a different company for services. Client should not confuse the professional relationship with a personal relationship, they are not one in the same. Company is under NO personal obligation to the Client and Client should behave as such by maintaining appropriate professional boundaries.
10) Record Retention Policy: The Client acknowledges that the Company has disclosed it does NOT need to retain records or recordings with respect to documents, information and data acquired or shared during the term of the Company-Client relationship. Such records or recordings may be retained and be maintained by the Company in a format of the Company’s choice (print or digital/electronic) for a minimum period of 3 months post package conclusion. Company reserves the right to destroy all records or recordings retained at will. Records and Recordings will not be provided to the Client.
11) Termination: Either the Client or the Company may terminate this Agreement at any time with 1-week written notice. Client agrees to Company’s zero refund policy. There will be no refund for all services rendered through and including the effective date of termination of the Company-Client relationship.
12) Limited Liability: Except as expressly provided in this Agreement, the Company makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the packages of services negotiated, agreed upon and rendered. In no event shall the Company be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur, the Company’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 Company under this Agreement for all services rendered through and including the termination date.
13) Entire Agreement: This document reflects the entire agreement between the Company 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. The Agreement may not be amended, altered or supplemented except in writing signed by both the Company and the Client. Please refer to package fee structure and information in Schedule A attached to this agreement.
14) Dispute Resolution:
BINDING ARBITRATION; WAIVER OF CLASS CLAIM the interest of resolving disputes between CLIENT and COMPANY in the most expedient and cost effective manner, CLIENT and COMPANY agree that any and all disputes arising in connection with these Terms of Use will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The COMPANY’S agreement with CLIENT to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. CLIENT understands and agree that, by entering into these Terms, CLIENT and COMPANY are each waiving the right to a trial by jury or to participate in a class action.
Notwithstanding the paragraph immediately above, CLIENT and COMPANY agree that nothing herein will be deemed to waive, preclude, or otherwise limit CLIENT’S rights or COMPANY’s rights to (i) bring an individual action in small claims court where permitted under applicable law, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek available injunctive or other equitable relief for disputes relating to intellectual property, proprietary data, confidential information or to enforce this dispute resolution clause, or (iv) file suit in a court of law to address intellectual property infringement claims not otherwise precluded by these Terms.
Any arbitration between CLIENT and COMPANY will be governed by the American Arbitration Association (“collectively, the “AAA Rules”) as applicable in light of the claims raised and subject to any express modification by these Terms. The arbitration will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail or nationally recognized overnight courier (signature required), or, in the event that we do not have a current physical address on file for You, by email (“Notice”). COMPANY address for Notice is admin@bewellflourish.com must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. COMPANY agrees to use good faith efforts to resolve the claim directly, but if CLIENT and COMPANY do not reach an agreement to do so within 30 days after the Notice is received, COMPANY and CLIENT may commence an arbitration proceeding.
Any arbitration hearings will take place at a location to be agreed upon in Monmouth County, New Jersey. CLIENT may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance-based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
CLIENT AND COMPANY AGREE THAT CLIENT AND COMPANY EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN CLIENT’S OR COMPANY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both CLIENT AND COMPANY agree otherwise, CLIENT will not request the arbitrator or court to consolidate more than one person’s claims, or to otherwise preside over any form of a representative or class proceeding.
14) 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.
15) 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.
16) Applicable Law: This Agreement shall be governed and construed in accordance with the laws of the State of NEW JERSEY, without giving effect to any conflicts of laws provisions.
17) Binding Effect: This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. Please digitally sign and email executed copy of this Client Agreement prior to the first scheduled Companying meeting. Retain a copy for your records. Email copy to admin@bewellflourish.com:
This agreement was last updated: July 15, 2024.
Flat Rate Fee for Service: New Clients will receive a free consultation (length based on Company’s suggested timeline) for “meet & greet”. In addition to the purchased package outlined below, each package has an expiration date based on the number of sessions purchased and package purchase date.
Price will be agreed upon in writing. No refunds or exchanges. (Documentation Review is available. All packages are purchased and agreed to online. (www.bewellflourish.com) Payment Processing: Payment must be processed online before package redemption. Client must be assigned as a “member” online and create a password to process online payment. Please contact with questions.
BE WELL FLOURISH LLC. Coaching Agreement ©
@bewellflourish | Hazlet, NJ 07730 | admin@bewellflourish.com | www.bewellflourish.com
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