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Diamond Balcony LLC
Coaching Agreement and Waiver
This is a legal document.
By entering into services provided by Diamond Balcony LLC, you affirm that you have read, understand and agree to the contents of this document in its entirety.
This Agreement is entered into by and between:
Diamond Balcony, LLC, Heather McGarry (Coach), and the individual/s signing this agreement (Participant).
This coaching agreement is valid as of the payment date for any course or session, or the first date of coaching or materials (including but not limited to: email, phone, in-person, online, recorded material, electronic files).
1) Coach-Participant Relationship
A. Coach agrees to provide coaching, which includes insight, suggestions, perspective and guidance to improve Participant's mindset. Coaching is provided responsibly and in good faith, to the best of Coach's ability, to assist Participant in clearing the path to their goals. Coach is NOT a therapist or mental health or medical professional. A licensed or certification to be a life-coach or similar is not required in the state of Colorado.
Coaching can take the form of any type of communication- as Private Sessions, recorded or live classes, written/digital material, events, responses via any medium, including but not limited to social apps, instant messages, phone and email.
B. Participant is solely responsible for monitoring and maintaining their own physical, mental and emotional well-being, for making decisions, choices, and actions arising out of or resulting from the coaching relationship, courses, classes, calls, materials and and interactions with the Coach. As such, the Participant 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. Participant understands that coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any disorder or medical disease.
C. Participant acknowledges that they may terminate or discontinue the coaching relationship at any time.
D. Participant acknowledges that coaching is a comprehensive process that may involve different areas of their life, including work, finances, health, relationships, education and recreation. The Participant agrees that deciding how to handle these issues, incorporating coaching principles into those areas, and implementing choices is exclusively the Participant’s responsibility.
E. Participant acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Participant’s exclusive responsibility to seek such independent professional guidance as needed. If Participant is currently under the care of a mental health professional, it is recommended that the Participant promptly inform those care providers of the nature and extent of the coaching relationship agreed upon by the Participant and the Coach.
F. Participant understands that in order to enhance the coaching relationship, the Participant agrees to communicate honestly, be open to feedback and to participate.
G. Participant acknowledges that mindset may have layers, and/or interlocking patterns to address over time.
H. Participant acknowledges that they will need to take action in their own lives, as they see fit, to reach their goals, even after completing coursework and/or sessions with Coach.
I. Mindset Coaching may not be the only tool that is needed for Participant to reach their goals. No guarantees are made, express or implied.
2) Services:
The parties agree to engage in Coach's Program/s, Course/s, or Session/s which may include personal/private sessions, pre-recorded or live audio or video or other methods of documentation or presentation, via internet, telephone, or in-person. The methods, materials and services included are as sold and described at Coach's website, diamondbalcony.com. Materials may be added or updated at the discretion of the Coach. Coach may be available to Participant by e-mail for clarification or questions, or by live chat during a webinar. Coach may also be available for additional time in the form of a Private Session, per Participant’s request, for a fee. Coach does not guarantee availability or a particular response time.
Any course/class schedule, materials posting dates, and fees are as indicated on the Coach's website. Fees must be paid in advance. Reasonable effort will be made to maintain the originally-published schedule, however, schedules are subject to change.
3) Payment:
All services are pre-paid.
4) Refunds:
Availability of refunds for digital products are detailed on the individual product page. Private Sessions, including those that were included as part of an online course or package are not eligible for refund, whether or not they were used.
Please ensure that you are a good match for Coach's work before purchasing.
5) Cancellation Policy for Private Sessions:
It is the Participant's responsibility to notify the Coach of a cancellation 24 hours in advance of a scheduled calls/sessions, and to provide any changes in contact information. In the event that an emergency or extenuated circumstances caused the missed session, Coach will attempt in good faith to reschedule one missed session.
6) Services and Data Procedure:
For certain courses, downloads and session bookings, Participant may need to create a Member Account on Coach's course-hosting website for access to course materials.
Participant must be at least 18 years of age or have a parent or legal guardian sign the waiver on their behalf.
Private sessions happen on Zoom or similar audio/video platform. If telephone is necessary, Coach will initiate the call at the number Participant has specified. If the Participant will be at any other number for a scheduled call, Participant must notify Coach prior to the scheduled appointment time.
It is Participant's responsibility to have an adequate internet or phone connection, device (phone/tablet/smartphone/laptop/desktop computer), and data storage method to receive/participate in Coach's materials, calls, or courses. Generally, this will involve streaming audio and/or video, or downloading those large files to play later. Unforeseen technical difficulties can happen. Coach will take reasonable action to maintain data availability but cannot absolutely guarantee connectivity 100% of the time.
Live events/courses are recorded and a link to the recording will be sent or uploaded to the Participant's Member Account within a week of the event. If for some reason a session or course does not record, or the recording is unusable, Coach reserves the right to recreate the session without a live audience, and will send a link to the recreated session.
It is Participant's responsibility to download any files they would like to keep on hand. Some files may only be available only via live streaming, not download. Coach is not responsible for Participant's internet access. Coach is not responsible for inaccessible files, though every effort will be made to keep Coach's website available at all times. Coach is not responsible for any damages that may arise out of a temporarily-inaccessibile website or files. Coach does not guarantee the availability of materials at all times. Coach is not responsible for third parties involved, including but not limited to internet provider, website host, course hosting website, electrical power or any recommended products/services/apps.
7) Confidentiality:
This coaching relationship, as well as all information (documented or verbal) that the Participant shares with the Coach as part of this relationship, is kept confidential by the Coach. Confidential Information does not include information that:
(a) was in the Coach’s possession prior to its being furnished by the Participant;
(b) is generally known to the public or in the Participant’s industry;
(c) is obtained by the Coach from a third party, without breach of any obligation to the Participant;
(d) is independently developed by the Coach without use of or reference to the Participant’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 Participant or others;
(g) involves illegal activity.
The Participant also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
8) Termination:
Either the Participant or the Coach may terminate the coaching relationship at any time, though the terms of this Agreement and Waiver will remain in effect.
In the event that Coach determines that the Participant is not a good fit for Coach in a Private Session, Coach reserves the right to end a session early and/or cancel future sessions.
In the event that Participant exhibits intimidating or inappropriate behavior: Membership and access to Coach's website, social app pages, events, and access to any past, current, or future purchased courses will be revoked at Coach's discretion, with no refund due.
9) Force Majeure:
Coach is not responsible for loss or damages due to "Acts of God" (unforseeable or unpreventable events such as severe weather, sudden illness, injury, death, global health crisis, internet failure or hackings etc.) Coach will do everything within reason to maintain agreed-upon schedules and materials. If Coach's basic services (electricity, internet, heat, etc.) are interrupted, classes, calls and other timelines may be rescheduled. In the case of an internet/electricity outage, there may not be a way to communicate the delay until after the scheduled event.
10) 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 will the Coach be liable to the Participant for any indirect, consequential or special damages. Notwithstanding any damages that the Participant may incur, the Coach’s entire liability under this Agreement, and the Participant’s exclusive remedy, will be limited to the amount actually paid by the Participant to the Coach under this Agreement for all coaching services rendered through and including the termination date.
11) Entire Agreement:
This document reflects the entire Coaching Agreement between the Coach and the Participant, 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 Participant. Terms and Conditions for general business practices are provided in a separate document of that title.
12) Dispute Resolution:
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Participant and Coach agree to attempt to mediate in good faith for up to 30 days in the county of Boulder, Colorado, after notice is given. If the dispute is not so resolved, and in the event of legal action, Participant is responsible for paying both Coach's and Participant's attorney’s fees and court costs. Court proceedings are limited to Small Claims Court. Damages are limited to the paid fees for Coach's services.
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 the State of Colorado, United States of America, without giving effect to any conflicts of laws provisions.
16) Binding Effect:
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. Participant has no right to reassign this Agreement.
17) Copyright:
All materials and content, including any recorded classes or Private Sessions, graphics, images and logos, files, workbooks, this waiver, and website are under copyright protection and remain the sole property of Diamond Balcony, LLC and Heather McGarry. Any files or information that are provided to Participant in the course of doing business or as part of a class/course are solely for their personal, non-commercial use and must be used in a manner that maintains the copyright and ownership information. Copying, sharing, uploading, selling, recreating, presenting or distributing any of Coach's materials, in whole or in part is strictly prohibited, except with Coach's permission expressly stated in writing. Creating derivative or compilation works from Coach's materials is likewise strictly prohibited.
18) Expertise:
Coach is not an expert in any professional field including the medical, mental health, financial, legal or business fields. Any insight given by Coach should not be considered a replacement for professional guidance or opinion in any field.
19) Comportment:
By attending any course or session, Participant agrees to behave civilly and kindly toward themselves and others.
Participant agrees to refrain from any derogatory or defamatory acts or language (trolling, threatening, invalidating, mal-intent, libel, slander, etc.) in any medium toward Coach, Diamond Balcony, LLC, Coach's work or programs and any affiliates or other participants.
As stated above, in the event that Participant exhibits intimidating or inappropriate behavior: Membership and access to Coach's website, social app pages, events, and access to any past, current, or future purchased courses will be revoked at Coach's discretion, with no refund due.
20) Data Collection and Use:
Diamond Balcony, LLC requests and collects information for internal record keeping and internal marketing use. Classes are generally intended for adults, so we ask for age confirmation and Parent Guardian information in the case of a minor Participant. Your information will not be sold or given to a third party.
Further details are available in the separate document titled Privacy Policy.
21) Diamondbalcony.com website and other websites that may host Coach's material and social media/ forums use cookies.
All Diamond Balcony Services are subject to the terms of this waiver. This waiver does not need to be submitted unless requested by Coach, or in the case of an adult signing on behalf of a minor.
Participant's information:
Full Name _______________________
email ___________________________
Signature _______________________
Date ___________________________
Participant is OVER 18 years old.
(Check one)
_____ YES _____ NO
Please complete the following only
if Participant is UNDER 18 years old.
Age of Participant _______
Parent/Guardian Permission Signed Statement
I hereby certify that I am a parent or guardian of the Participant listed above, and I hereby give my permission for them to receive coaching from Diamond Balcony LLC and Heather McGarry in the following formats, in accordance with this waiver. (Check all that apply.)
_____ Mindset Coaching Sessions
_____ Course (name)_________________
_____ Other (specify) ________________
Parent/Guardian Information
Full Name _________________________
email _____________________________
Signature _________________________
Date ____________________________
- Diamond Balcony LLC -
Waiver