By scheduling an appointment with Linda Edmiston and Edmiston Enterprises LLC, dba Linda Edmiston Coaching (“Coach”), you (“Client”) agree that Coach will provide services to Client as outlined below. The Coach and Client (“Parties”) agree that the Agreement shall be governed by and interpreted under the laws of the state of California.
1. Service Structure of the Program
Individual Sessions or Series of Sessions Program (“Program”)
❖Each session scheduled will be a Private 1-hour session between Coach and Client.
2. Payment Structure
All Payments are non-refundable.
Client acknowledges that they may terminate or discontinue the coaching relationship at any time and that Coaching fees already paid by Client are non-refundable.
4. Method of Communication
The Parties agree that coaching sessions will occur either by phone call or via online conference call, such as zoom, unless otherwise agreed upon by both Parties.
5. Limitations of Coaching
Client understands that Coach is not a legal, financial, tax, medical or mental health professional. Client acknowledges that coaching is not to be used as a substitute for professional advice by legal, financial, tax, medical, mental health, or other qualified professionals. Client agrees to seek independent professional guidance for legal, financial, tax, medical, mental health, or other matters.
If the Client feels the need for professional advice or counseling, it is the Client’s responsibility to seek a licensed professional or therapist. The Coach may make recommendations to outside resources that are not covered in this agreement. It is up to the Client to research and determine their own use or non-use of the recommended outside resources.
Client may complete a pre-session online form to send questions to Coach to be discussed at the next session.
Client gives consent to using online cloud-based documents, online storage, Voxer, text, emails, or any other online software to sometimes transmit possible sensitive information. Client acknowledges the risks involved and waives any rights against the Coach for errors or issues arising from these transmissions. No sensitive (password, credit card, login, etc.) information should be shared in any online system, form, Voxer, text or emails.
Questions relating to the Program, the Company, billing, or other administrative concerns are to be directed to contact information listed below.
Client understands that the Coach will communicate with honesty and straightforwardness, including: asking powerful questions, making requests, and suggesting action steps. Coach’s only objective is to serve the Client, not to maintain the status quo. Client understands that honesty is an important part of the coaching process.
Coach will provide tools, resources, meditations, and home practice as needed to support Client’s continued growth between sessions.
Client understands that an open line of communication and transparency is critical in this process in order for Coach to effectively provide services to Client under this Agreement.
Throughout the working relationship, the Coach will engage in direct and personal conversations. The conversations are two-way streets (mutual and reciprocal.) If at any time the Client believes that the Coaching or the Program is not working as desired, the Client will communicate that belief and take action to return the power to the Coaching relationship by initiating a professional and respectful conversation no later than the start of the next session scheduled.
8. Results and Guarantees
Results of the Program can and do vary. The Coach makes no guarantees. Any testimonials and examples used do not guarantee that anyone will achieve the same or similar results. The Client’s success depends on many factors, including but not limited to, their background, dedication, desire, motivation, openness, willingness, and ability to implement, understand and utilize processes and tools provided.
9. Missed Sessions
Client agrees to cancel and reschedule their booked session at least 24 hours in advance if an unavoidable schedule conflict arises. The exception would be family or medical emergencies. If sessions are repeatedly canceled within 24 hours of session, the cancelled session will be considered used by the Client.
The Client image and specific personal information discussed or provided during sessions will be kept strictly confidential unless the Client gives explicit written approval, except as required by law.
Client acknowledges that the Company does have permission to reference general information anonymously from conversations for coaching, training, or marketing purposes so long as no information is given that would reveal the identity of the Client unless the Client specifically agrees to it.
11. Intellectual Property
Client agrees that all tools, processes, audio or video training, and documents provided by Coach are the intellectual property of Coach. Client agrees not to share these resources in any manner with any other parties.
12. Audio and Video Recording
Under California state law, Parties must consent to any voice or video recording. Coach generally does not record coaching session. However, should Client wish that a session be recorded, Client may make that request, and Coach will accommodate the request if and where possible.
Client acknowledges that this is for Client’s own personal review and cannot be used for any other purposes. Coach agrees that the recordings will not be used for any public purpose unless Client gives explicit written approval.
Both parties agree that these recordings are strictly confidential and may not be used in any manner during or after for litigation purposes.
13. Payments, Chargebacks, or Disputes
By setting the appointment, Client acknowledges and affirms that:
A. No Significant Financial Burden. Payment for this Program will not place a significant financial burden on Client or Client’s family.
B. Non-Refundable. Coaching fees already paid by Client are non-refundable.
C. Program Investment Responsibility. Client understands that they are responsible for the entire Program Investment to the Company regardless of the Client’s level of involvement throughout the course of the Program. All payments under this Agreement must be made as scheduled by Client to remain in good standing and continue receiving Program components.
D. Authorization of Payment. Client authorizes the Company to charge their credit/debit card, cash their check, or process PayPal transactions for the entire Program Investment as outlined in this agreement.
E. Waiver of Right to Chargebacks/Cancelling Credit or Debit card/disputes. Client agrees to waive their right to process chargebacks with their credit/debit card company or cancel their credit/debit card until all payments have been processed to cover the entire Program. Client agrees that all payments made via a Credit or Debit Card are valid and waives the right to dispute a charge with their financial institution, or ours. Should Client dispute a charge resulting in a chargeback to Company and the holding of funds until the matter is resolved, Client will be responsible for legal fees, overdraft fees, chargeback fees, and any other expenses as a result of this dispute.
14. Legal Disclaimer
A. Client understands that Coach provides a holistic approach to coaching. As such, the Parties may discuss, through the comprehensive process, areas of their life including; work, finances, health, relationships, education and recreation.
B. Client agrees it is the Client’s responsibility for making their own choices, actions, and therefore all results when incorporating the coaching principles into their life.
C. Except as prohibited by law, the Coach or the Company, shall not be liable to the Client or to any other person or entity for any general, punitive, special, indirect, for consequential or incidental damages, costs, or results arising out of the Coach’s services, including attorney’s fees and related expenses of litigation, mediation, and arbitration. To the extent there is liability found as to the Coach, such recovery is limited to the amount the Client paid for services.
D. Client acknowledges that coaching is not to be used as a substitute for any professional advice by legal, financial, tax, counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or any other qualified professionals and does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed.
E. 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.
F. Jurisdiction: The Parties agree that any dispute that may arise as related to this Agreement will be brought to a court within San Diego County, California.
G. No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and for only that time and to the extent therein stated.
H. In the event of a dispute between the Parties, the Parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage or cast in a negative light the other. This non-disparagement provision shall survive the termination or expiration of this Agreement.
I. If any provision of this Agreement shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Agreement, and all remaining provisions shall continue in full force and effect.
15. Agreeance (in everyday language)
❖All payments are non-refundable.
❖None of the coaching/consulting/advisory discussions constitute legal, financial, tax, medical, therapeutic, or other professional advice.
❖All actions that the Client takes because of the coaching/consulting/advisory discussions are taken voluntarily and because the Client takes them understanding that they are responsible for creating their own results.
❖The Company shall have no liability or responsibility for any actions of the Client taken (or not taken) in connection therewith.
By Scheduling an appointment, I, the Client, understand and agree to the Terms of Service Agreement outlined in this document.
Linda Edmiston and Edmiston Enterprises LLC welcomes your questions regarding the Terms of Service:
While Coach is based in Carlsbad, CA, our clients are from around the world.
Updated as of November 12, 2021