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TERMS & CONDITIONS

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Welcome to Still Emerging Coaching LLC (“we,” “us” or “our” “the Coach”)! These Terms of Purchase (“Terms”) are a contract between you (“you,” “the Client”) and us and govern your purchase of the services (the “Services”) made available through our website (the “Site”). These Terms do not alter in any way the terms or conditions of any other agreement you may have regarding our products, services or otherwise.

 

1. USE.

By purchasing the Services, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing.

 

2. ELIGIBILITY.

By purchasing the Services, you represent and warrant that you are eighteen (18) years of age or older, have the legal capacity to enter into these Terms, and have not been suspended or removed from the Site.

 

3. TERMS OF PURCHASE.

Your payment for the Services is subject to the following terms:

 

Price: The price for the Services will be made available at the time of purchase. Payment must be made in full at the time of purchase.

 

Valid Payment Methods: We accept credit card (including Visa, MasterCard, American Express, or Discover), PayPal, or Venmo. By submitting your order to purchase the Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or canceled automatically.

 

 4. COACH-CLIENT RELATIONSHIP. 

We are pleased to have the opportunity to work with you, and we want you to be thrilled with our Services. For our work together to be a success, we agree to maintain the ethics and standards of behavior established by the International Coach Federation “(ICF)” (coachfederation.org/ethics). We recommended that you review the ICF Code of Ethics and the applicable standards of behavior. 


 

5. FEE PAYMENT & TERMS.

You agree to pay the fees listed on the site for our Services or the Travel fees listed below, if applicable (collectively, the “Fees”).  The Fees are due before we begin the Services (unless stated otherwise on Exhibit A).  You may pay the Fees by credit card (including Visa, MasterCard, American Express, or Discover), PayPal, or Venmo. 

  • Travel. We are always happy to provide the Services virtually to accommodate your schedule.  If you desire to have us travel over 15 miles outside of the Santa Barbara area, you will be responsible for any travel and related expenses incurred in providing those Services to you, including reasonable airfare, hotel accommodations, meals, and ground transportation.  We will bill you for all such expenses at cost, and will never charge such expenses without your prior authorization.

 

6. REFUNDS.

To ensure we are both are equally committed to the Services, all sales are final. 

 

If Services need to stop before all sessions are completed regardless of the reason, the Client will pay our hourly rate of of $200.00 for the hours of the sessions that were completed.  

 

7. RESCHEDULE AND CANCELLATION POLICY.

You agree to provide us with at least 48 hours advance notice in the event of needing to cancel or reschedule a session and prioritize rescheduling their session within 7 days of the original session date. 

 

If you provide less than 24 hours advance notice for cancellation, the session will be rescheduled at the sole discretion of the Coach. 

 

8. SCHEDULE.

You understand that Services must begin within 2 weeks of purchase.

 

Once sessions have begun, you have 12 weeks to use all of your sessions and any sessions that are not used within that period will be forfeited.


 

9. THIRD-PARTY REFERRALS.

We love sharing our recommendations with you! We may provide links or references to other resources, products, or services but we are not responsible for and do not endorse such resources, products, or services. Please independently evaluate whether these resources are good for you – your use of such referrals is solely at your own risk.

 

10. INTELLECTUAL PROPERTY RIGHTS.

All materials we provide to you, whether or not they are eligible for copyright or other intellectual property right protection, are for your use only and you are not authorized to share, copy, distribute, or otherwise disseminate the Materials without our prior written consent. All of our intellectual property, including all materials and trade secrets, processes, techniques, and procedures, is our sole property (the “Materials”). 

 

If you make any changes, suggestions, enhancements or improvements (each, a “Change”) to any of our Materials and own the copyright to those Changes, you hereby assign to us, for no additional consideration, all of your rights, including copyrights, in all works prepared by you under these Terms. You agree to promptly sign and deliver any documents and take any actions that we reasonably request to establish and perfect the rights assigned to us under this provision. If you are unable or unwilling to sign any further documents necessary to convey the rights set forth in these Terms, you appoint us as your true and lawful attorney-in-fact with full power of substitution. 

 

You understand that nothing in these Terms gives you a license to share, copy, distribute, trade, resell or otherwise exploit any Materials for any commercial or non-commercial purpose. You may not transfer or assign these Terms without our written consent.

 

All trademarks, service marks, and trade names are proprietary to us and you agree not to use them without our written consent. If you create anything using our trademark, you agree that we exclusively own all rights, titles, and interests in and to such materials, including without limitation any modifications or derivative work based on the use of our trademark. You further agree to assign any interest or right you may have in such trademark to us and to provide information and execute any documents to formalize such assignment.

 

These Terms permit you to use the Materials for your personal use only. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

 

11. RELATIONSHIP OF THE PARTIES & TAXES.

We are providing the Services to you as an independent contractor, and not as an employee.  We are solely responsible for paying any local, state or federal income taxes that arise from our receipt of the Retainer under this Agreement.  

 

12. CONFIDENTIALITY. 

Information shared with us by you (documented or verbal) as part of this professional relationship, is bound by the principles of confidentiality outlined in the ICF Code of Ethics. However, please be aware that a 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. 

 

You understand that certain topics covered in sessions may be anonymously and hypothetically shared with other coaching professionals for training or consultation purposes.

 

Confidential Information does not include information that (a) was in our 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 us from a third party, without breach of any obligation to the Client; (d) is independently developed by us without the use of or reference to the Client’s confidential information; or (e) we are required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to us and as a result of such disclosure we reasonably believe there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. 

 

You also acknowledge your continuing obligation to raise any confidentiality questions or concerns with us in a timely manner. 

 

13. RECORD RETENTION POLICY.

You acknowledge that we have disclosed our record retention policy with respect to documents, information, and data acquired or shared during the term of our professional relationship. Such records will be maintained by us in a format of our choice (print or digital/electronic) for a period of not less than 1 year. 

 

 

14. LIMITED LIABILITY. 

Except as expressly provided in this Agreement, we make no guarantees, representations, or warranties of any kind or nature, express or implied with respect to the services negotiated, agreed upon, and rendered. In no event will we be liable to you for any indirect, consequential, or special damages. Notwithstanding any damages that you may incur,  our entire liability under this Agreement, and your exclusive remedy, shall be limited to the amount actually paid by you to us under this Agreement for all services rendered through and including the termination date. 

 

15. DISPUTE RESOLUTION.

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, we agree to attempt to mediate in good faith for up to 30 days after notice is given. We will choose the mediation service. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party. 

 

16. 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. 

 

17. 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. 

 

18. 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 Barbara County, CA. 

 

19. ENTIRE AGREEMENT. 

This document reflects the entire agreement between Still Emerging Coaching LLC and you, 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 us and you. 

 

20. BINDING EFFECT. 

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

 

EXHIBIT A – SERVICES

‘The Revelation’ Package

We are pleased to offer you our ‘The Revelation’ Package.  The ‘The Revelation’ Package includes the following services and can also be provided virtually:

 

(3) 75-minute one-on-one Zoom calls:

  • ENVISIONING SESSION | We get clear on your lifestyle, and your current wardrobe, and we dive into envisioning how to develop your style. 

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  • (2) EMBODIED CONNECTION SESSIONS | We'll tap into your preferences, your body's signals, and messages about your style, and begin to address internal obstacles you are experiencing in your style exploration. 

 

(2) in-home sessions: 

  • CLOSET EDIT (4 hours): We guide you through an edit of your current wardrobe where you'll get clear on how your style is already manifesting in what you wear and which pieces no longer align with your aesthetic. 

  • INTEGRATION SESSION (75 minutes): We'll reflect on our journey, review your next steps, and celebrate the incredible work you’ve done. 

 

Session recap emails 

  • A brief session summary of what emerged in our session

  • Questions for further reflection 

  • Discussed next-steps

  • Supporting materials (personalized at-home practices, book suggestions, guided audios, etc.)

 

Email or messaging support 2x week 

 

The ‘Closet Edit’ Styling Package will take a maximum of four (4) hours.  Any additional time will be charged at the current hourly rate, and we will charge your credit card on file immediately following your Services.

ASCENDANT â€‹

© 2024– Still Emerging Coaching LLC

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