With your purchase, you agree to the terms listed below. After purchase, you will receive a welcome email with instructions for next steps.
THANK YOU for your purchase! I look forward to working with you!Nicole CoustierAurelian Coaching
Fees, refunds. Coaching Program/package fees are to be paid in full and in advance of Client’s Program/package participation. Client understands that there is no refund for any unused portion of a Program/package.Discretion as to Program/package. The Program/package are provided “as is” without any warranty or outcome guarantee. Participants in the Program/package are solely responsible for their decisions, and Coach is not liable for the impact of the participants’ decisions and/or actions and provides no guarantees other than to deliver the Program/package to the best of its ability.Confidentiality. Coach will not either directly or indirectly, use for its personal benefit or for any other purpose not expressly authorized under this Agreement, or divulge, disclose, or otherwise communicate to any third party any plans, strategies, patents, trademarks, copyrights, trade secrets, or other information of any kind possessed by or relating to Client or Client’s peers or colleagues, nor any other material that is otherwise designated verbally or in writing by Client as confidential (collectively, “Confidential Information”). Confidential Information shall not include information that: (i) is or becomes a matter of public knowledge through no fault of Coach; (ii) was rightfully in Coach’s possession free of any obligation of confidence before it was communicated to Coach by Client or otherwise obtained by Coach; (iii) was rightfully disclosed to Coach by another person without restriction as to use or disclosure; or (iv) is independently developed by Coach without use of or reference to Confidential Information. Likewise Client will not either directly or indirectly, use for its personal benefit or for any other purpose not expressly authorized under this Agreement, or divulge, disclose, or otherwise communicate to any third party any of Coach’s Confidential Information.Client understands that Coach, and its representatives and contractors, in their performance of the Program/package, are not mandated reporters by law.Coach Marketing. Coach reserves the right to publicize the content created as part of the coaching engagement that does not fall under Confidential Information for Coach’s marketing and advertising purposes only. Coach shall not publish any of Client’s personal data including but not limited to contact information, past, current, or future employer information, or details about Client ascertained during the Program/package.Non-Licensed Programs. CLIENT ACKNOWLEDGES THAT THE PROGRAM/PACKAGES DO NOT INCLUDE LICENSED PSYCHOLOGY, HEALTH CARE, MENTAL HEALTH PROGRAMS OR OTHER WORK FOR WHICH A PROFESSIONAL LICENSE IS REQUIRED, REGARDLESS OF ANY PROFESSIONAL CERTIFICATIONS THAT COACH EMPLOYEES OR CONTRACTORS MAY HAVE. FURTHER, CLIENT UNDERSTANDS AND WILL MAKE CLEAR TO ALL PERSONNEL PARTICIPATING IN THE PROGRAM/PACKAGES PROVIDED BY COACH ARE IN NO WAY TO BE CONSTRUED AS OR SUBSTITUTED FOR ANY TYPE OF THERAPY OR MEDICAL ADVICE, AND IF SUCH PROGRAMS ARE NEEDED, THE PROGRAM/PACKAGES OF QUALIFIED, LICENSED PROFESSIONALS SHOULD BE EMPLOYED.
Client Obligations. Coach’s ability to perform its obligations under this Agreement may be dependent on Client fulfilling its obligations. Coach shall not be liable for any costs, charges, or losses sustained by Client arising directly from any failure of Client to fulfill its obligations under this Agreement.Coach Materials. Client acknowledges and agrees that Coach has certain specialized knowledge and skills in the design and development of deliverables, which forms an integral and continuing part of its business; and in the process of performing the Programs under this Agreement and Programs for others, Coach has developed, and will continue to develop, certain underlying concepts and ideas, techniques, skills, improvements, methods, and know-how applicable to coaching (collectively referred to as the “Business Methodologies”). All materials, documents, written work, presentations, concepts, designs, ideas, proposals, and other work created by and presented to Client by Coach shall remain the sole property of Coach. Coach grants Client a limited, non-exclusive, royalty-free, revocable license to use any Deliverables within its company and personnel. Client is strictly prohibited from copying, disseminating, selling or distributing any written or printed materials relating to the Business Methodologies received from Coach in connection with the Programs. The Business Methodologies and any modifications or derivative works from them are the intellectual property of the Coach. Client and Client’s employees may use the materials pursuant to the terms of this agreement, but Client may not develop their own program using the Coach’s Business Methodologies.Indemnity. Client shall indemnify and hold Coach harmless against all potential or actual claims, expenses, or liabilities of any kind (including attorneys’ fees) relating to any third party claims against Coach that arise out of the Program/package provided pursuant to this Agreement or relating to Client’s breach of any obligation, representation, or warranty in this Agreement. Coach shall indemnify, defend, and hold Client harmless against actual claims of any kind relating to Coach’s breach of any representation or warranty in this Agreement.Limitation of Liability. COACH SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, USE, OR PROFIT EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. COACH’S LIABILITY WITH RESPECT TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) IS LIMITED TO AN AMOUNT EQUAL TO THE AMOUNTS PAID OR PAYABLE BY CLIENT IN THE PRIOR TWELVE (12) MONTHS UNDER THIS AGREEMENT. THIS INCLUDES ALLEGED ACTS OF NEGLIGENCE, OR BREACH OF CONTRACT, AND REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT. THE FOREGOING SHALL CONSTITUTE CLIENT'S EXCLUSIVE REMEDY.Force Majeure. Either party shall be excused from the performance of this agreement and shall not be liable for any delay in whole or in part, to the extent caused by the occurrence of any fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other similar cause beyond the reasonable control of the excused party.Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Nevada without regard to the conflicts of laws provisions thereof. Exclusive jurisdiction and venue for any action arising under this Agreement is in the federal and state courts located in Nevada and both parties hereby consent to such jurisdiction and venue for this purpose. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.Arbitration. Any dispute between Coach and Client arising under this Agreement will be submitted to binding arbitration in Reno, Nevada, in accordance with the rules of the American Arbitration Association.Severability. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.Entire Agreement. The Agreement constitutes the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written), between the parties concerning its subject matter. The failure of either party to enforce its rights under the Agreement at any time for any period will not be construed as a waiver of such rights. No change, modification or waiver to the Agreement will be effective unless in writing and signed by both parties. In the event that any provision of the Agreement is determined by any court of competent jurisdiction to be unenforceable, such provision will be deemed to be modified to permit its enforcement to the maximum extent permitted by law.By purchasing a Program/package from Aurelian Coaching LLC, you are a Client and are agreeing to all clauses in this agreement.