DISTANCE PERSONAL BREAKTHROUGH COACHING AGREEMENT
THIS DISTANCE PERSONAL BREAKTHROUGH COACHING AGREEMENT (hereinafter “Agreement”) is made effective as of the electronically verified date of this form submission, by and between BrightLife, Inc. (hereinafter “Provider”), a corporation, having a business address of 2010 W. Avenue K, Lancaster, CA 93536, and the Legal Guardian/Responsible Party noted herewith (hereinafter “Client”), an individual, having the home and/or contact address noted above.
1. Service Overview: Upon submission of completed online Distance Personal Breakthrough Coaching (hereinafter "DPBC") Agreement and Payment Information & Authorization Form by Client to Provider, Provider will commence DPBC Services (collectively, the “Services”) addressing issues, goals and outcomes specifically designated by Client. DPBC sessions are arranged by appointment as mutually convenient to both Client and Provider and will be comprised of both remote video conferencing and email-based coaching and support.
2. Duration of Services: Client hereby attests to his/her understanding that this Agreement shall remain in force, and Services will be provided, for a period not to exceed 90 (ninety) days from the date of Client's first DPBC session.
3. Structure of Service Delivery: A total of eight (8) video conferencing DPBC sessions will be held over the course of Client’s DPBC Program. Sessions #1-3 are held on approximately Day 1, Day 8 and Day 15 of the Program. Subsequent meetings are held at two-week intervals starting at Week #4, and continuing through Weeks 6, 8, 10 and 12. Sessions are expected to last approximately (a) 90-120 minutes for Session #1, (b) 60-90 minutes for each of Sessions #2 and #3, and (c) approximately 60 minutes for each of Sessions #4 through 8. While Provider is likely to request regular progress reports from Client in the form of email between video-conferencing sessions, Client understands that due to the sheer volume of email reports received by Provider on a daily basis, Provider may not be able, and makes no promises, to respond back to each individual email message or progress report; rather, Provider will feed back to Client as Provider deems appropriate or necessary to help ensure Client’s ongoing success over the long term.
4. Nature of Services Rendered: For the purposes of this Agreement, Distance Personal Breakthrough Coaching Services shall be defined as those activities engaged in by Provider for the purpose of assisting Client to make that/those emotional and/or behavioral change(s) specifically designated by Client both verbally and in Client's Personal History Questionnaire as desired outcome(s). Services will be delivered primarily by way of verbal interaction between Provider and Client, and may include discussion, various mental repatterning and/or conditioning exercises, and suggestions and/or directives designed to positively impact Client's lifestyle and perceptions such that they may become more conducive to Client's desired coaching outcome(s).
4a. Exclusions: Client understands that consistent with the nature of a Personal Coaching relationship, Provider makes no claim(s), promises or agreement to deliver traditional therapeutic, psychotherapeutic, psychological, or psychiatric services commonly performed by appropriately licensed professionals. Client understands that Provider’s services are limited to helping facilitate relief from context-specific feelings and behaviors that Client has reported to Provider as troublesome or otherwise limiting. Accordingly, Provider will under no circumstances diagnose, mediate, or otherwise treat conditions and/or diagnoses found in any edition of the Diagnostic and Statistical Manual of Mental Disorders (published by the American Psychiatric Association) including, but not limited to, clinical depression, suicidal ideation, and/or other potentially life-threatening conditions.
5. Payment for Services: In exchange for DPBC Services as described herein, Client will remit to Provider a sum not to exceed $4900.00 (four thousand nine hundred dollars) USD.
6. Structure of Payment for Services: Client will at the time of Program Registration remit to Provider an initial prepayment deposit in the amount of $2450.00 (two thousand, four hundred fifty dollars), to be remitted by electronic credit card debit, or by any other means mutually agreed to by the Parties to this Agreement. Additionally, Client agrees to make available to Provider the remaining balance of $2450.00 (two thousand, four hundred fifty dollars), which will be automatically charged to Client’s credit card on record, or by any other means mutually agreed to by the Parties, on or about the thirtieth day following the date of initial Client’s Program Registration and accompanying prepayment deposit. Client hereby gives Provider explicit permission to execute such credit/debit card billing in accordance with these Terms of Service and this Agreement without prior notification of intent to execute such payment.
6b. While Provider hereby represents in good faith the willingness to deliver as necessary the maximum allotment of coaching hours and/or Services as described herein, Client nonetheless acknowledges, understands, and agrees herewith that Client may not necessarily require to utilize or partake of said maximum allotment in order to achieve Client's desired coaching outcome(s). In such a case, Client hereby acknowledges and expressly agrees that such circumstance does not and will not warrant a refund or discount of Service Fees applicable to this Program, whether prepaid or not, in any amount, or in any portion, at any time.
7. Commitment and Responsibility: Client understands that consistent with the nature of a Personal Coaching relationship, Provider cannot and does not accept responsibility for “causing” Client to create his or her desired goals and/or outcome(s). Accordingly, Client understands and hereby agrees to Provider's expectation that he or she alone is responsible for fully engaging, to the very best of his/her ability, the exercises, tasks, agreements, and other related activities suggested by Provider for the purpose of implementing the life enhancing changes he/she desires.
7a. Client understands and acknowledges that, as in any professional helping relationship, a Personal Coaching relationship must be recognized as a partnership requiring full, active and complete cooperation on the part of all participants and requires an acceptance of shared responsibility by all involved in order to maximize Client's potential for a successful outcome. Client further understands that anything less than a 100% commitment to a successful outcome, as evidenced by the degree to which Client carries out suggested exercises, directives, or other such tasks mutually agreed upon for the purpose of assisting Client to achieve his/her intended coaching outcome, is likely to compromise or otherwise hinder Client's subjective experience of a successful coaching outcome. In such a case, as solely determined by Provider, any suggestions or comments communicated in good faith by Provider to Client pertaining to expected Client outcomes, in any form whatsoever, shall be rendered null and void.
8. Mutual Nondisclosure: Provider and Client mutually recognize that they may discuss future plans, business affairs, financial information, job information, goals, personal information, and other private information. Provider will not voluntarily communicate Client's information to third parties of any kind. In order to honor and protect Provider’s intellectual property, Client likewise agrees not to disclose or communicate information about the Provider's practice, materials, or methods to third parties of any kind.
9. Cancellation/Refund Policy: Client hereby acknowledges Provider’s commitment to a quality experience for each and every Client, and that this requires maximum attention to each Client’s individual needs and thus places a strict limit on Provider’s case load at any given time. Client further acknowledges his/her understanding that this necessarily limits Provider’s ability to accept new Clients when the opportunity might otherwise present itself. As such and insofar as Provider has upon Client’s Program Registration often already committed unrecoverable time, energy and resources to that Client’s case, refunds requested long after payment has been made has the potential to cause a materially negative impact on the health and vitality of Provider’s business. Therefore, Client hereby expressly attests and agrees to Provider’s requirement that any and all refund requests must be made within 72 hours of original remittance, and that any and all requests for such refund following that time cannot and will not be honored.
10. Policies Regarding No Recording: Client expressly agrees not to share, copy or record by any means whatsoever Provider’s products or services, or interactions with Client of any kind, or give private teleconference bridge numbers to anyone not authorized in writing by Provider; such restriction applies to any and all face-to-face meetings, Zoom-based video-conferencing sessions, or web-based or telephone conferences.
11. Indemnity Clause: Client hereby expressly agrees now and forever to hold blameless and without fault Robert Mantell, Glei Mantell, Trichotillomania Relief Specialists, BrightLife Phobia and Anxiety Release Center, its parent company BrightLife, Inc., or their agents and/or assigns, for any and all damages Client may directly or indirectly attribute to Provider’s Services. Further, Client hereby expressly agrees in advance to waive any and all right to sue in a Court of Law Robert Mantell, Glei Mantell, Trichotillomania Relief Specialists, BrightLife Phobia and Anxiety Release Center, its parent company BrightLife, Inc., or their agents and/or assigns, for any and all damages Client may directly or indirectly attribute to Provider’s Services.
12. Governing Law: This Agreement shall be construed under the laws of the State of California. Client hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any actions, suits or proceedings arising out of or relating to this Agreement and the Services and further agrees that service of any process, summons, notice or documents by U.S. Certified Mail to Client's address set forth above shall be effective service of process for any action, suit or proceeding arising out of this Agreement. Client irrevocably and unconditionally waives any objection to the venue of any action, suit or proceeding arising out of this Agreement being in the courts of the State of California or of the United States of America located in the State of California and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action has been brought in an inconvenient forum.
13. Attorney's Fees: In the event Provider retains an attorney to enforce Provider's rights hereunder, Provider shall be entitled to the payment by Client of its reasonable attorney's fees and costs, whether or not litigation is commenced. This provision shall extend to attorney's fees and costs incurred on appeal or in enforcement of or execution on any judgment or order entered by any court adjudicating rights or remedies created by or arising out of this contractual relationship; to the extent necessary, this provision shall not be merged into but shall survive entry of judgment in any action upon this Agreement.
14. Entire Agreement: This Agreement sets forth the entire understanding of the parties hereto and shall not be changed or terminated orally. With the sole and notable exception of Client's signed Preliminary Service Agreement, any other agreements between the parties, expressed or implied, are hereby canceled and of no further force or effect. It is understood and agreed by the parties hereto that there are no verbal or written promises, agreements, stipulations or other representations of any kind or character, express or implied, other than as set forth in writing in this Agreement and in Client's signed and dated Preliminary Service Agreement.
15. Severance and Validity: In the event any provision of this Agreement or any part thereof shall be determined by any court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions hereunder, or parts thereof, shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby, it being agreed that such remaining provisions shall be construed in a manner most closely approximating the intention of the parties with respect to the invalid, void or unenforceable provision or part thereof.
16. Counterparts and Facsimile Signatures: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute the executed agreement between the parties.
17. Amendment; Assignment: The terms and conditions of the Agreement may not be amended or modified without the express written consent of Provider and any attempt to do so shall be null and void. Client may not assign his/her rights or delegate his/her duties under this Agreement without the prior written consent of Provider.
BY CLICKING THE ABOVE BOX, I HEREBY ATTEST THAT I HAVE READ THIS DISTANCE PERSONAL BREAKTHROUGH COACHING AGREEMENT IN ITS ENTIRETY, INCLUDING THE CANCELLATION POLICY DESCRIBED HEREIN, HAVE BEEN PROVIDED SUFFICIENT TIME TO REVIEW AND FULLY CONSIDER ITS TERMS, AND UNDERSTAND THE TERMS USED IN IT AND THEIR LEGAL SIGNIFICANCE.