Terms of Agreement
On execution by checking “I agree”, or emailing a statement of agreement, or by signing at the bottom of this Agreement, or otherwise enrolling, electronically, verbally, or otherwise, in the course, you (“Client”) shall be bound by the terms of this Agreement with MAHI PARIS EURL, Registered at the Registry of Commerce and Companies of Paris under RCS # 820 072 932, having its Registered Offices located at 96 rue Chardon Lagache, 75016 Paris, France, represented by its Managing Director / Gérant Mme. Helen Fitness (“Coach”), acting under the business sign “Helen Fitness, Success Coach and Mentor”, according to the below terms and conditions. A facsimile, electronic, or e-mailed executed copy of acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.
Terms and Conditions
Coach agrees to maintain the ethics and standards of behaviour set by the International Coach Federation “(ICF)”. www.coachfederation.org/icf-ethics
Client is responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results. As such, the Client agrees that the Coach is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
Client understands that coaching is not to be used as a substitute for professional advice by legal, mental, medical or other qualified professionals and will seek independent professional guidance for such matters. If Client is currently under the care of a mental health professional, Client must advise Coach. Coach will recommend that Client inform the mental health care provider.
Client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the Programme.
Client agrees to at all times behave professionally, courteously and respectfully with Coach. Client agrees to abide by any course rules or regulations presented by Coach. The failure to abide by course rules shall be cause for termination of this Agreement.
Coach agrees to provide education, seminar, consulting, personal coaching, and/or business coaching (“Programme”) to Client focusing on the mutually agreed outcomes and/or goals. The terms of this Agreement shall be binding for any further goods/services supplied by Coach to Client. Parties agree that the Programme is in the nature of coaching and education. The scope of services rendered by Coach pursuant to this Agreement shall be solely limited to those contained therein and provided for on Coach’s website as part of the Programme. Coach reserves the right to substitute services equal to or comparable to the Programme for Client if the need arises. Coach may also be available for additional time, per Client’s request and as mutually agreed subject to additional Fee payable by Client.
Parties agree to engage in the Programme through the mutually agreed communication channel(s) e.g. face-to-face, Skype or other video technology, or telephone. Coach will be available to Client by e-mail and messenger applications in between scheduled consultations as mutually agreed. The time and frequency of the consultations will be mutually agreed by Coach and Client. Client will initiate all scheduled consultations and will contact the Coach using the agreed communication channel for all scheduled consultations. Any variations to the Procedure must be notified to either party 48 hours prior to the scheduled consultation. Any and all costs and expenses associated with certain consultations, including but not limited to, travel, accommodation or mobile/internet/landline charges are the responsibility of Client.
All information (documented or verbal) that Client shares with Coach pursuant to this Agreement is bound to confidentiality by the ICF Code of Ethics but is not considered a legally confidential relationship (as in regulated professions such as Medicine or Law). Coach agrees not to disclose any personally identifiable information pertaining to Client without Client’s written consent. Coach will not disclose Client’s name as a reference without Client’s written consent. Confidential information does not include information that: (a) was in Coach’s possession prior to its being furnished by Client; (b) is generally known to the public or in Client’s industry; (c) is obtained by Coach from a third party, without breach of any obligation to Client; (d) is independently developed by Coach without use of or reference to the Client’s confidential information; or (e) that Coach is required by law to disclose.
Release of Certain Information
Coach engages in training and continuing education pursuing and/or maintaining ICF Credentials. That process may require the names and contact information of all clients for possible verification by the ICF. By accepting this Agreement, Client agrees to have only his/her name, contact information and start and end dates of Programme shared with ICF staff members and/or other parties involved in this process for the sole purpose of verifying the coaching relationship. No personal notes or other information shall be shared. According to the ICF ethics, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, further coach professional development and/or consultation purposes. No personally identifiable data shall be shared.
Client may on simple request addressed to firstname.lastname@example.org, have free access to all the information related to him. Client may require correction, clarification, or withdrawal of the data pursuant to the European Union’s General Data Protection Regulation (GDPR). Client may have the right to oppose the disclosure of his data to a third party at the moment the data is collected.
Client agrees to compensate Coach according to the payment schedule set forth on Coach’s website, or via email, or via payment schedule and the payment plan selected by the Client (“Fee”) or otherwise noted in this Agreement. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. Coach shall charge 5% (five-percent) per annum late penalty to all balances that are not paid in a timely manner. If the Fee changes before this Agreement has been signed and dated by Client, the prevailing Fee will apply.
Either Client or Coach may terminate the Agreement at any time with 2 weeks written notice. In the event of termination by Coach, the refund to Client shall be calculated as pro-rata of the Fee with a 5% (five-percent) added for administration costs. If Client terminates the Agreement for any reason whatsoever, Client will receive no refund and shall remain responsible for all outstanding amounts of the Fee. In the event of termination for Client’s breach of any course rules or regulations, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
Chargebacks and Payment Security
To the extent that Client provides Coach with credit card(s) information for payment on Client’s account, Coach shall be authorised to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If Client uses a multiple-payment plan to make payments to Coach, Coach shall be authorised to make all charges at the time they are due and not require separate authorisation in order to do so. Client shall not make any charge backs to Coach’s account or cancel the credit card that is provided as security without Coach’s prior written consent. Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Coach without notifying Coach in advance.
No Resale of Services Permitted
Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Programme (including course materials), use of the Programme, or access to the Programme. This Agreement is not transferable or assignable without Coach’s prior written consent.
No Transfer of Intellectual Property and use of the Website
Coach’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorised to use any of Coach’s intellectual property for Client’s business purposes. Client shall not be authorised to share, copy, distribute, or otherwise disseminate any materials received from Coach electronically or otherwise without the prior written consent of the Coach. All intellectual property, including Coach’s copyrighted course materials, shall remain the sole property of the Coach. No license to sell or distribute Coach’s materials is granted or implied.
Unless otherwise stated, Coach is the owner or the licensee of all intellectual property rights in his website, and in the material published on it. His work as well as any content of the website including but not limited to text, visuals, photographs, trademarks, names, logos, design, contained on the site are owned, controlled or licensed by or to Coach, and are protected by copyright, trademarks laws and intellectual property laws around the world. All such rights are reserved.
Client may only use the website, print off one copy, and download extracts, of any page(s) from the website for his personal noncommercial use. Client must not (i) publicly broadcast such elements in any media, (ii) make any modifications to any such element, and (iii) make any additional representations or warranties relating to such elements.
When using the site, Client agrees to comply with these Terms of Services/Use and with all applicable laws. In particular, Client may not:
use the site in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information;
use the site to transmit any data, that contains viruses, decompile, reverse any portion of the site;
copy or reproduce the architecture or “look and feel” of the site.
Limitation of Liability
By using Coach’s services and enrolling in the Programme, Client releases Coach from any and all damages that may result from anything and everything. The Programme is only an educational/coaching service. Client accepts any and all risks, foreseeable or unforeseeable, arising from such services. Regardless of the previous paragraph, if Coach is found to be liable, Coach’s liability to Client or any third party is limited to the lesser of: (a) the total fees Client paid to Coach in the one month prior to the action giving rise to the liability, and (b) EUR 1,500. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from, including but not limited to: direct, indirect, special, negligent, consequential, or exemplary damages incurred from the use or misuse of Coach’s services or enrolment in the Programme. Client agrees that use of Coach’s services is at Client’s own risk. To the extent permitted by law, Coach excludes all conditions, warranties, representations or other terms which may apply to Coach’s services and to use of his website or any content on it, whether express or implied.
Unless prohibited by mandatory provisions, Coach does not guarantee that his website will be secure or free from bugs or viruses.
Where Coach’s site contains links to other sites and resources provided by third parties, including but not limited to external advertising or link to social networks (including notably LinkedIn, Twitter etc.) these links are provided for Client’s information only.
Coach has no control over the contents of those sites or resources; and is not responsible for such content. Links do not imply that Coach or his Website is/are affiliated or associated with such sites.
Disclaimer of Guarantee
Client accepts and agrees that he/she is wholly responsible for his/her progress and results from the Programme. Client accepts and agrees that he/she is the one vital element to the Programme’s success and that Coach cannot control Client. Coach makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Coach disclaims the implied warranties of titles, merchantability, and fitness for a particular purpose. Coach makes no guarantee or warranty that the Programme will meet Client’s requirements or that all clients will achieve the same results.
In the event that a dispute arises between the parties or a grievance by Client, the parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the parties, the parties agree that they neither will engage in conduct or communications, public or private, designed to disparage the other.
Client shall defend, indemnify, and hold harmless Coach, from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ 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 the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Coach. Client shall defend Coach in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognises and agrees that Coach shall not be held personally responsible or liable for any actions or representations of Coach.
In the event of any conflict between the provisions contained in this Agreement and any marketing materials used by Coach, the provisions of this Agreement shall be controlling.
This Agreement shall be governed by and construed in accordance with the Laws of France. Any dispute which may arise between the parties out of or in relations to this Agreement shall be brought to the exclusive jurisdiction of the Courts of Paris.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
The ownership, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
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