Terms of Service
1. THE SERVICES. The Daniella Bloom agrees to provide coaching, workshops or other services from time to time selected by the Client in Schedule A hereto (the “Services”). Unless otherwise agreed, all coaching sessions will be between 50 minutes to one hour and conducted with Coach Daniella Bloom, held via Skype or in person, as agreed in advance. Client understands that Coaching is an interactive process and that Coach Daniella will set the agenda for the coaching session based on Client’s goals. Daniella will listen, ask questions, encourage, challenge, expand, and support you. Client will leave each session with several action points to do before the next Coaching session. The terms of this Agreement shall apply to any Services supplied by the Company to Client.
2. FEES. Fees for individual Coaching sessions shall be payable in advance via PayPal or by credit card. During Face-to-Face sessions, credit card, check, or cash is acceptable the day of once approved by Danielle. However, Client may elect to purchase a series of Coaching sessions or workshops (a “Package”) which shall be payable in accordance with the payment schedule set forth on Schedule A. If Client elects to purchase a Package, Company is hereby authorized to charge the credit card on file on the scheduled payment date set forth on Schedule A in accordance with the terms of Paragraph 4 below. Company may revise the Fee Schedule from time to time at its discretion upon 30 days’ advance notice to Client, however, such revision shall not apply to Services purchased prior to the date of such notice.
3. CANCELLATIONS; REFUND POLICY. There are no refunds.In regards to cancelation: Unless there is a bona fide emergency, Client shall provide at least 24 hours notice of cancellation. Fees shall be non-refundable if such notice is not provided. In the event of a demonstrated emergency, Company shall use best efforts to reschedule the Services within two calendar months of the original appointment. Client may reschedule a 90 Minute, Half-Day, One Day Intensive (as described in Schedule A) within two calendar months from the date of the original appointment. Coaching sessions purchased as a Coaching Package must be completed within the time stated in the Package, provided, however, that Client will be permitted a maximum of two rescheduled dates relating to a Package. Any Coaching session that is part of a Coaching Package must be rescheduled within the same week of the original appointment or the rescheduled session will extend the length of the Package for an extra week up to a two- week maximum extension related to rescheduled make-up dates.
4. CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with Credit- Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth on Schedule A. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due
and not require separate authorization in order to do so. Client shall not make any charge-backs to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on charge-backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
5. NO TRANSFER OF INTELLECTUAL PROPERTY. From time to time Company may provide materials to Client in connection with the Services. Company’s copyrighted, proprietary and other original materials (“Intellectual Property”) shall be provided to the Client solely for his/her individual use and not for Client’s business or any other purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any Intellectual Property received from Company electronically or otherwise without the prior written consent of the Company. All Intellectual Property shall remain the sole property of the Company and no license to sell or distribute Company’s Intellectual Property is granted or implied.
6. LIMITATION OF LIABILITY. By using Company’s Services Client releases Company, it officers, employees, directors, and related entities from any and all damages that may result from providing the Services. Notwithstanding the previous sentence, if Company is found to be liable, Company’s liability to Client or to any third party shall be limited to $1000.
The parties agree that any claims against Company must be brought with the entity having jurisdiction within 100 days from the date of the alleged incident giving rise to such claim or otherwise be forfeited forever. Client agrees that damages of shall not include indirect, incidental, special, consequential, or exemplary damages.
7. NO GUARANTEE. Client understands and agrees that she/he is 100% responsible for her/his progress and results from the Services. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company disclaims any implied warranties of titles, merchant ability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Service will meet Client’s requirements or that all clients will achieve the same results.
8. NATURE OF THE SERVICES. Although Coach Leibovici (Bloom) is a licensed psychotherapist in another State, Client understands and agrees that the Services provided under this Agreement are Coaching and educational services and not intended to be medical, therapy, or psychotherapy services. Client shall be mindful of his/her own wellbeing during the Services and seek medical treatment (including, but not limited to psychotherapy), if needed. Company shall not be held responsible for any decisions made by Client as a result of the Coaching and other Services and any consequences thereof.
9. TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, Company shall be permitted to immediately collect all sums then due and payable from Client and terminate the provision of further Services to Client.
10. CONFIDENTIALITY. Unless otherwise required by law, Company agrees not to disclose, reveal or make use of any Confidential Information (defined below) obtained from the Coaching sessions or other Services with Company or otherwise, without the prior written consent of Client. The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.
11. NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. 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 the other.
12. CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the state of California without giving effect to any principles of conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the State of California, Los Angeles County pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
13. ENTIRE AGREEMENT. This Agreement, together with Schedule A attached hereto, as it may be amended or revised from time to time, constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
14. SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
15. SEVERABILITY. If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
16.MISCELLANEOUS. This Agreement may be executed in counterparts and delivered by facsimile, electronic, or e-mail means and shall constitute a legal and binding
instrument with the same effect as an originally signed copy.
2. FEES. Fees for individual Coaching sessions shall be payable in advance via PayPal or by credit card. During Face-to-Face sessions, credit card, check, or cash is acceptable the day of once approved by Danielle. However, Client may elect to purchase a series of Coaching sessions or workshops (a “Package”) which shall be payable in accordance with the payment schedule set forth on Schedule A. If Client elects to purchase a Package, Company is hereby authorized to charge the credit card on file on the scheduled payment date set forth on Schedule A in accordance with the terms of Paragraph 4 below. Company may revise the Fee Schedule from time to time at its discretion upon 30 days’ advance notice to Client, however, such revision shall not apply to Services purchased prior to the date of such notice.
3. CANCELLATIONS; REFUND POLICY. There are no refunds.In regards to cancelation: Unless there is a bona fide emergency, Client shall provide at least 24 hours notice of cancellation. Fees shall be non-refundable if such notice is not provided. In the event of a demonstrated emergency, Company shall use best efforts to reschedule the Services within two calendar months of the original appointment. Client may reschedule a 90 Minute, Half-Day, One Day Intensive (as described in Schedule A) within two calendar months from the date of the original appointment. Coaching sessions purchased as a Coaching Package must be completed within the time stated in the Package, provided, however, that Client will be permitted a maximum of two rescheduled dates relating to a Package. Any Coaching session that is part of a Coaching Package must be rescheduled within the same week of the original appointment or the rescheduled session will extend the length of the Package for an extra week up to a two- week maximum extension related to rescheduled make-up dates.
4. CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with Credit- Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth on Schedule A. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due
and not require separate authorization in order to do so. Client shall not make any charge-backs to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on charge-backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
5. NO TRANSFER OF INTELLECTUAL PROPERTY. From time to time Company may provide materials to Client in connection with the Services. Company’s copyrighted, proprietary and other original materials (“Intellectual Property”) shall be provided to the Client solely for his/her individual use and not for Client’s business or any other purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any Intellectual Property received from Company electronically or otherwise without the prior written consent of the Company. All Intellectual Property shall remain the sole property of the Company and no license to sell or distribute Company’s Intellectual Property is granted or implied.
6. LIMITATION OF LIABILITY. By using Company’s Services Client releases Company, it officers, employees, directors, and related entities from any and all damages that may result from providing the Services. Notwithstanding the previous sentence, if Company is found to be liable, Company’s liability to Client or to any third party shall be limited to $1000.
The parties agree that any claims against Company must be brought with the entity having jurisdiction within 100 days from the date of the alleged incident giving rise to such claim or otherwise be forfeited forever. Client agrees that damages of shall not include indirect, incidental, special, consequential, or exemplary damages.
7. NO GUARANTEE. Client understands and agrees that she/he is 100% responsible for her/his progress and results from the Services. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company disclaims any implied warranties of titles, merchant ability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Service will meet Client’s requirements or that all clients will achieve the same results.
8. NATURE OF THE SERVICES. Although Coach Leibovici (Bloom) is a licensed psychotherapist in another State, Client understands and agrees that the Services provided under this Agreement are Coaching and educational services and not intended to be medical, therapy, or psychotherapy services. Client shall be mindful of his/her own wellbeing during the Services and seek medical treatment (including, but not limited to psychotherapy), if needed. Company shall not be held responsible for any decisions made by Client as a result of the Coaching and other Services and any consequences thereof.
9. TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, Company shall be permitted to immediately collect all sums then due and payable from Client and terminate the provision of further Services to Client.
10. CONFIDENTIALITY. Unless otherwise required by law, Company agrees not to disclose, reveal or make use of any Confidential Information (defined below) obtained from the Coaching sessions or other Services with Company or otherwise, without the prior written consent of Client. The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.
11. NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. 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 the other.
12. CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the state of California without giving effect to any principles of conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the State of California, Los Angeles County pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
13. ENTIRE AGREEMENT. This Agreement, together with Schedule A attached hereto, as it may be amended or revised from time to time, constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
14. SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
15. SEVERABILITY. If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
16.MISCELLANEOUS. This Agreement may be executed in counterparts and delivered by facsimile, electronic, or e-mail means and shall constitute a legal and binding
instrument with the same effect as an originally signed copy.