Terms and Conditions
Please read these Terms and Conditions carefully before purchasing, accessing, or using any of our Products, Programs, and Services.
Daena Coaching, LLC
Services Agreement
This Agreement (“Agreement”) is made and entered into by and between you (“Client,” “you”) and Daena Coaching, LLC (“Company”, “Coach,” “us,” “we,” “our”) whereby Company agrees to provide Client with coaching services, content, programming, and/or resources (“Services”) as outlined at Program Checkout and in this Agreement. The Services as outlined in this Agreement are for the offer purchased, and for no other Service offered by the Company. As a condition of using and/or participating in the Services, Client agrees to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
- Terms of Use
By purchasing any Services from Daena Coaching, LLC, including registering for free content and accessing the Company’s website and social media accounts, you agree and consent to the following legal terms and conditions that govern your use of and/or participation in the Services and that form a legal agreement between you and the Company. The details of the Services for which you are registering are outlined at Program Checkout.
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Services. The Services, including any interactions with the Coach, are not intended as, and shall not be understood or construed as, personal or professional advice.
The Company cannot guarantee specific emotional, professional, personal, or monetary outcomes as a result of the Services. Comments about the outcomes of these Services are expressions of opinion only. The Company makes no guarantees other than that the Services outlined at Program Checkout shall be provided to Client in accordance with the terms of this Agreement.
The Client agrees to engage with compassion and to act respectfully toward Coach, Daena Coaching, LLC staff, and other participants in group programming and/or discussion spaces. Participants who do not comply will risk removal from the Program at their own cost.
- Client Participation
Client is solely responsible for creating and implementing his/her/their own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the Program, his/her/their participation therein, and interactions with the Coach. As such, the Client agrees that the Company/Coach is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided by the Company/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. 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 coaching relationship agreed upon by the Client and the Coach.
Client acknowledges that coaching (one-on-one, group, or otherwise) is a comprehensive process that may involve different areas of the Client’s life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility.
Client acknowledges that Daena Coaching, LLC cannot guarantee any results.
- Program Services
The details of the Services are outlined at Program Checkout. Client acknowledges that the Services may undergo programmatic changes over time, including but not limited to changes in rates, details, services, offerings, resources, schedule, curriculum, and/or content. Client understands that these potential changes to future versions of the Program and any offerings associated with past versions of the Program are not included in the version outlined at Program Checkout, unless noted otherwise.
Expiration: The Services for which you have registered will take place according to the schedule outlined at Program Checkout. Coaching services as outlined at Program Checkout and this Agreement will cease upon expiration.
Pricing and Payments: In consideration for the Services provided by Daena Coaching, LLC, Client agrees to pay the full required amount as outlined at Program Checkout. Determination of amount, method, and schedule of payment are outlined at Program Checkout. *Please note: for all services under a subscription or payment plan, payment must be received before service is rendered. In the event that one payment is missed, Client must remit payment before the next coaching call. If more than one payment is missed, Coach reserves the right to cancel the subscription and coaching package. No refunds are available. Purchases are non-transferable.
Purchases and Online Commerce: By purchasing the Services you give us permission to charge your method of payment automatically as compensation for Services without any additional authorization, for which you will receive an electronic receipt.
- Procedure
One-on-One Coaching Calls: The date(s) and time(s) of coaching calls will be determined based on the Coach’s availability. Client shall choose a time from the Coach’s scheduling platform (such as Calendly). Cancellations of appointments must occur 48 hours in advance of the scheduled appointment. If a cancellation occurs after the 48-hour advance notice policy, Coach is not obligated to reschedule the missed appointment.
Live Group Programming: The date(s) and time(s) of any live group programming, including live class sessions, group coaching calls, workshops, etc. are outlined at Program Checkout.
Where applicable, for a Program that includes supplemental coaching services through voice notes (i.e. What’sApp), Client must not exceed the allotted number of minutes as outlined at Program Checkout. The Client may use the entire number of allotted minutes for their questions and comments; the Coach’s reply will be in addition to the allotted minutes. Client shall allow 72 business hours for response time. The Client may not reuse allotted minutes once they have been used for any reason. All voice messaging must occur and be completed according to the schedule outlined at Program Checkout and only after full payment of the Service has been received for the allotted time (whether payment for the Services has occurred in full at time of checkout or the monthly payment for the allotted minutes has been paid in full for the time frame within which the Service has been assigned). Allotted minutes are non-transferable unless directed otherwise in writing by Coach.
- Communication
Client shall limit email correspondence to questions about scheduling and procedure, and shall not view email correspondence as an extension of coaching services.
The Client understands that communication with the coach shall be limited to allowances as outlined at Program Checkout. The Client also understands that, by using and participating in Services, he/she/they agree to being registered for promotional, educational, service-oriented, and community-building content and/or mailings (electronic or otherwise) by Company. The Client also understands that he/she/they may opt out of such communication by contacting Company in writing to request removal from communications lists.
- Confidentiality
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach 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 Coach-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 agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach 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’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 from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach 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/her/their continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
The Client also understands that the Coach may incorporate topics, subject matter, and messaging that emerge from coaching calls and/or correspondence for general education purposes, promotional material, public service announcements, and social media content. The Coach will not disclose the identity of the Client unless Client grants permission in writing.
Client agrees to maintain the confidentiality of all other participants in any group programming, including all comments from group coaching calls and/or any supplemental Program venues (virtual or real).
- Record Retention Policy
The Client acknowledges that the Company has disclosed its record retention policy with respect to documents, information, and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 3 years.
- Termination of Agreement
This Agreement can be terminated by Daena Coaching, LLC immediately, at any time without prior notice or explanation. No refunds will be issued for services rendered. In the event that unused programming remains, Coach agrees to credit Client at a prorated rate and/or according to details outlined at Program Checkout. Client may use credit, if granted, toward a future program or other Services offered by Daena Coaching LLC. No refunds will be issued.
If the Client terminates Services, and services have been rendered through and including the effective date of termination of the coaching relationship, Coach agrees to credit Client at a prorated rate for unused sessions within accordance of Program Checkout details. Client may use credit, if granted, toward a future program offered by Daena Coaching LLC. No refunds will be issued.
- Intellectual Property Rights
Client will not copy, duplicate, repurpose, share, or plagiarize the content of the Services, including but not limited to any written or oral content shared therein. The Client has permission to consume and/or download digital content of written material for personal, individual, non-commercial use and solely for the advancement of his/her/their education and training as outlined at Program Checkout, provided that all copyright, trademark, and all other proprietary notices are kept intact, and the content has not been and will not be shared with others. Client may not in any way at any time use, copy, adapt, share, repurpose, imply, or suggest that the digital content of the Company is created by anyone other than, or belongs to anyone other than, Daena Coaching, LLC. The Company grants access to Services for the Client’s individual and personal use, not for business or commercial use or in any way that results in monetary gain for the Client.
- Limited Liability
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations, or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon, and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur, the Coach’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 under this Agreement for all services rendered through and including the termination date.
- 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.
- 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 where the Coach prevails, the Coach shall be entitled to recover attorney’s fees and court costs from the Client.
- 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.
- 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.
- Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws provisions.
- Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.