Terms & Conditions

This Agreement is entered into by and between: Ann Nguyen

(hereafter known as “Company” or “Coach”) and Purchaser (hereafter known as “Client”, and collectively, the “Parties”) whereby Coach agrees to provide Coaching Services for Client focusing on the following topics attached to this Agreement. 

Description of Coaching: Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that is intended to inspire the client to better maximize his or her potential relative to a particular topic. It is designed to facilitate the creation/development of personal, professional or business goals and to assist the Client in his or her ability to formulate and carry out a strategy and/or plan for achieving those goals. Coaching is experienced subjectively and differently by different persons and is very much subject to an intangible dynamic between the Coach and the Client.  Therefore, different people may experience different results and Client recognizes that the Coach cannot and does not guarantee any satisfaction or particular results from the Coaching Services.

1) Coach-Client Relationship 

• Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation “(ICF)” (Coachfederation.org/ethics). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior. 
• Client is solely responsible for creating and implementing his/her 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 Coach. As such, the Client agrees that the Coach 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 Coach. Client understands coaching is not therapy or medical advice and does not substitute for therapy or medical advice  if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
• Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time, subject only to the commercial terms that have been agreed relative to payment of fees due.
• Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
• The Client understands that in order to enhance the coaching 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 Group Coaching Calls and Live Guided Practices alternating every other week for 9 months. Coaching Program will be delivered through video conference meetings. Coach will be available to Client by email in between scheduled meetings as defined by the Coach. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

3) Schedule and Fees This coaching agreement is valid as of purchase date. The price is $5000 or 9 monthly payments of $555 per month, or if buying during the Early Bird window $4497 or $500 per month for 9 months.  If Coach determines that any sales, VAT or other taxes may be due, they may be added to the fees, with prior written notice. Client will be responsible for paying any such taxes. 

The refund policy in effect for the term of this Agreement is as follows: 

Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program. To further clarify, no refunds will be issued. 

4) Procedure 

The time of the coaching meetings and/or location will be determined by Coach. Coaching meetings will take place via Zoom video conference calls. 

5) 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 or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner. 

6) Record Retention Policy The Client acknowledges that the Coach has disclosed his/her 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 5 years. 

7) 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 coaching services rendered through and including the termination date. 

 8) Entire Agreement This document reflects the entire agreement between the Coach 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 Coach and the Client. 

9) Non-Disclosure of Company Materials Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited. 

Company’s program is copyrighted and the original materials that have been provided to Client are for Client's individual use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. 

Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations. 

10) Non-disparagement Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company. 

11) Indemnification Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgements arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing. 

12) Dispute Resolution  If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety- (90)-days from the date of the initial arbitration demand and shall take place in San Mateo, California. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)- day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.  

13) 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. 

14) 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. 

15) Applicable Law This Agreement shall be governed and construed in accordance with the laws of California without giving effect to any conflicts of laws provisions. The parties hereto agree that any action arising hereunder will be brought in the state or federal courts sitting in Santa Clara County, California.

16) Binding Effect 

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. 

Purchase of this product constitutes agreement to the above terms and conditions.