TERMS AND CONDITIONS

BY USING OUR SITE AND/OR BY PAYING FOR ANY SERVICES, PRODUCTS OR PROGRAMMING, IN PARTIAL OR IN FULL, AND BY CONTINUING IN THIS CURRICULUM, YOU AGREE TO THESE TERMS.

Version: As of August 1, 2021

Parties

This Agreement is entered into by and between: Sheila M. Wilkinson on behalf of SMWPLC (“Coach” and "Company") and any purchaser or user of this site, programs, coaching, services, whatsoever (Client).

Coach only agrees to provide Services for Client focusing on topics/results/outcomes/goals of any specific and explicit Agreement. Note that if you choose a self-study program, that you are not entitled to also receive 1:1 coaching and Coach has not set goals for or with you, though we will help point you to resources or answer non-substantive, informational questions only.

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 inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional and/or business goals and to develop and carry out a strategy/plan for achieving those goals.

Note that if you choose a self-study program, that you are not entitled to also receive 1:1 coaching, though we will help point you to resources or answer non-substantive, informational questions only.

Coach-Client Relationship

Coach agrees to, and Client understands that Coach will, maintain the ethics and standards of behavior established by the following entities and governing bodies:

1. the International Coach Federation,
2. the Rules of Professional Responsibility governing Louisiana Attorneys and individuals in the legal field through the Louisiana State Bar Association and the Louisiana Attorney Disciplinary Board, the NASW Code of Ethics, and the Rules, Regulations and Procedures and Practice Act governing Louisiana Social Workers through the Louisiana State Board of Social Work Examiners.
3. Coach will never give legal advice and will never provide services that are typical of a therapeutic, clinical relationship.
4. It is recommended that the Client review these codes, rules and the applicable standards of behavior.

Client is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and their coaching calls, programs 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 and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

Client further acknowledges that both Coach and Client may terminate or discontinue the coaching relationship at any time, for any reason.

Client acknowledges that coaching is a comprehensive process that may involve different areas of life, including work, finances, health, relationships, education and recreation. Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.

Client 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 Client’s exclusive responsibility to seek such independent professional guidance as needed. 

If Client is currently under the care of a mental health professional, it is recommended that 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.

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.

Services

Services offered are subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

If the parties are engaging in a 1:1 or group coaching program, there will be an agreement outlining services and responsibilities.

If the participant chooses a self-study program, the responsibilities will be outlined accordingly in the program.

Coach and their staff strive to respond to messages within 5 to 7 business days, not including legal holidays (a federal, state or local holiday, Saturdays, Sundays). If there is a life threatening emergency, Client should call 911 for appropriate assistance. 

Coach may also be available for additional 1:1 time, per Client’s request, and the client can schedule that time here Book Time

Refunds / Credits / Payment Information

Because of the digital nature of our programming, fees are earned upon receipt. A considerable amount of time and energy goes into preparation of programs and coaching, so no refunds will be provided, however, "credits" can be applied to your account instead if you're in a pickle and need to put off our work together. In order to be eligible for a refund, you must have done NO work in your program/course/met with me. If you do ANY work at all in the program, then no refunds are available and you may only request a credit. If you do request a credit, it will be proportionate for the amount paid and the time left in the program/course. You will also be unenrolled from the program/course that you originally purchased. There are no refunds for 1:1 coaching.

If a medical or life-threatening incident occurs which prevents Client from meeting their obligations at all, and credits are not appropriate, then Client should first reach out to us, provide medical documentation and Coach may (at her sole discretion) provide “credit” opportunities. If this happens, you must request this within 15 calendar days of the incident. All other requests for a refund or credit must be made in writing to Coach within 10 calendar days of purchase.

You authorize us to charge your credit card or debit card (through any service allowed by Teachable): All prices are in USD (unless otherwise specified).

Skipped or canceled payments will result in an immediate removal from enrollment until payment has been made or new payment arrangements have been agreed upon in writing. Time lost will not be made-up.

You are responsible for full payment of fees, regardless of whether you complete the program, are able to complete the program, regardless of circumstance, and regardless of whether you have selected a payment in full or monthly payment plan. In the event of a defaulted payment, you will be contacted to reinstate the payment plan and/or will receive an invoice for the full amount due. If we attempt two (2) communications with you and you do not respond, then your account will be sent to an international collections agency for collection.

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

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 first reasonably attempting to obtain the Client’s written 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.

In order to engage with the programming, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction.

Release of Information 

The Coach engages in training and continuing education pursuing and/or maintaining credentials. That process sometimes requires the names and contact information of Clients for possible verification. By agreeing to receive services, programs, etc., you agree to have only your name, contact information and start and end dates of coaching shared with legally necessary parties for the sole and necessary purpose of verifying the coaching relationship. Please note that no personal notes will be shared.

According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.

Record Retention Policy

The Client acknowledges that the Coach has disclosed their 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 one (1) year. If you'd like your data to be removed from our servers, simply reach out by email and let us know, and we will do our best to comply with your request, within the limits of the law.

Termination

Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship. Client also understands fees paid are earned upon receipt.

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 direct, indirect, compensatory, consequential or other special damages, including punitive. 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. If no purchase was made, our limitation of liability to you or any third parties is $50 USD.

To access or use coaching or the program specific platform (the “Site”), you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Program related to business and life coaching and other information are subject to change. We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the Content.

You may receive or see links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Intellectual Property / Lawfulness

We respect your privacy and must insist that you respect the privacy of other individuals who might also be participating in our work together. You agree not to violate the publicity or privacy rights of any Program participant. We respect your confidentiality and proprietary information, ideas, plan and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same fellow rights of fellow Program participants and of the Coach and the Company.

You agree (1) not to infringe any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Confidential Information shared by Program participants or any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or the Company, (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions. By paying for the program, you further agree that (4) all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company and may only be used by you as authorized by the Company, and (5) the reproduction, distribution and sales of these materials by anyone but the Company is strictly prohibited. Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this paragraph, the Company and/ or other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

You may use the Site and Program for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

We claim no intellectual property rights over the material you supply to us. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Program. Content you submit remains yours to the extent that you have any legal claims therein. You agree to hold us, me, the company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, non-exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

The Site and Program contain intellectual property owned by Sheila M. Wilkinson and SMWPLC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Program content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Program, without refund, if you violate (or demonstrate or indicate that you intend to violate) this intellectual property policy.

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.

Dispute Resolution

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt non-binding, confidential and private mediation with MAPS-ADR (Metairie, Louisiana) in good faith. Mediation must be requested within 30 calendar days after notice of a dispute is given. If a dispute arises after termination of this Agreement, the parties must institute these Dispute Resolution procedures within 30 calendar days after termination, or else the parties forfeit their right to third-party resolution.

If mediation is not effective to resolve the dispute, the parties agree to proceed to binding, confidential and private arbitration with MAPS-ADR. The right to file a lawsuit in civil litigation is specifically waived, with the exception of requesting a court to enforce any agreements, awards, decisions or judgments arising from this section.

In re Attorney’s Fees & Costs, in the matters of mutual consent and non-binding, confidential and private mediation, the parties agree to bear their own costs. If the parties proceed to binding, confidential and private arbitration, the substantially prevailing party (as determined by the Arbitrator) shall be entitled to recover reimbursement of attorney’s fees and court costs from the non-substantially prevailing party. Otherwise, if no determination of “substantially prevailing party” is made, the parties bear their own fees and costs, respectively.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, remaining provisions shall continue to be valid and enforceable. 

If a finder of fact determines 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 if doing so is within the original intent and expectations of the parties entering this agreement.

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. We strive to describe and display the Program as accurately as possible. While we try to be as clear as possible in explaining the Program, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Applicable Law

This Agreement shall be governed and construed in accordance with the laws of the State of Louisiana, without giving effect to conflicts of laws provisions.

Binding Effect

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

BY USING OUR SITE AND/OR BY PAYING FOR ANY SERVICES, PRODUCTS OR PROGRAMMING, IN PARTIAL OR IN FULL, AND BY CONTINUING IN THIS CURRICULUM, YOU AGREE TO THESE TERMS.