TERMS + CONDITIONS
This Coaching Agreement (this “Agreement”), dated as of . (the “Effective Date”), is by and between NICOLE J FARIA CO INC. (DBA Nicole Jablonski (“Coach”) and . (“Client” or “You” and together with Coach, the “Parties”, and each a “Party”).
WHEREAS, Coach is in the business of providing coaching services related to Life Coaching; courses, and using releasing trapped emotions using energy work.
WHEREAS, Client desires to retain Coach to provide said coaching services, and Coach is willing to perform such coaching services under the terms and conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Coach and Client agree as follows:
1. DUTIES OF COACH
1.1. I shall provide the Services with due care, skill and ability.
1.2. Warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching, I do not guarantee any particular results.
1.3 By participating in my coaching service you acknowledge that I am not a licensed psychologist or medical professional and my services do not replace the care of psychologists or other medical professionals. Coaching is in no way to be construed or substituted as psychological counselling or any other type of therapy or medical advice. Therefore, the advice I provide during our consulting sessions is not intended nor implied to be guaranteed information. The information provided in the coaching session should not be taken into personal consideration for the best interest of the client. It is the Client’s responsibility to seek independent guidance from medical professionals to the extent necessary.
An effective coaching relationship requires mutual understanding and respect between the Coach and the Client. That requires the parties to agree to some basic tenets of coaching, including:
Coach and Client agree to communicate honestly, to be open to feedback, and to make time and space to participate fully in the coaching sessions called for hereunder. Client specifically agrees to be open to coaching.
Coaching services are intended for individuals who are in generally good health, are generally well adjusted, are functionally effectively, and are not in need of medical treatment (including for mental health disorders).
Energy work is used to promote harmony and balance within, relieving stress and supporting the body’s natural abilities. Energy work using these methods is widely recognized as a valuable and effective complement to the conventional medical care.
Releasing trapped emotions using T.I.M.E Techniques or any other type of energy healing used by the coach, whether in person or by proxy, is not a substitute for medical care.
This information is not intended as medical advice and should not be used for medical diagnosis or treatment. Information given to you on this site or in any session obtained on this site is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional.
If you have questions or concerns about your health, please contact your healthcare provider. Energy Healing promotes harmony and balance within, relieving stress and supporting the body's natural ability to heal. Energy healing is widely recognized as a valuable and effective complement to conventional medical care.
By participating in the coaching, you agree to accept personal responsibility for the results of your actions. You agree that the Coach has not made any guarantees about the results of taking any action, whether recommended during any coaching session or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Coach.
I understand that NICOLE J FARIA CO INC. (Nicole Jablonski Faria) has a duty to report: suspected child abuse and/or neglect, suicidal ideation, and harm or thoughts of harm to others. Reports may be made to any of the following persons: school administration, parent/guardian, Children's Aid Society, and/or Police.
2. SERVICES
The parties shall engage in the agreed upon sessions at a frequency that the coach and client deem acceptable. All sessions will be conducted via ZOOM or telephone. ZOOM is provided for those outside of the United States or Canada and telephone for those within the United States or Canada.
The coaching sessions and follow-up must occur within a period of 30 days, from the date of this Agreement or they will be forfeited. Any changes or extensions must be approved and documented on email by Nicole J Faria at hello@nicolejfaria.com.
The Client must have access to an internet-based computer/ or internet-based mobile phone or access to a telephone that is free of static.
3. FEES
In consideration of the provision of the Services by the Coach. All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provisions.
4. PROCEDURE + SCHEDULING
Coach and Client will agree to a mutually agreeable time for the coaching meetings, and it will be the Client’s ultimate responsibility to schedule the coaching meetings using the booking link provided. The Coach shall initiate the coaching call at the agreed upon time ZOOM or by phone if otherwise agreed to.
5. CANCELLATION POLICY
You may not cancel an individual coaching session unless you do so at least 24 hours before it is scheduled to begin. Coach reserves the right to treat any meeting that Client misses or attempts to cancel less than 24 hours before it is scheduled to begin as part of the allotted coaching sessions.
6. CONFIDENTIAL INFORMATION
Client acknowledges that in the course of providing the Services I will have access to Confidential Information.
I agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:
6.2.1. any use or disclosure authorized by you or required by law;
6.2.2. by any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
6.2.3. any information which is already in, or comes into, the public domain otherwise than through my unauthorized disclosure.
6.3. As is good practice in coaching, I undertake coaching and am part of supervision groups. You agree that I may disclose any issues which arise out of the Sessions with my own coach, supervisor and/or supervision group but I agree only to disclose such issues on a general basis and without disclosing your name.
6.4. You may disclose to third parties such information about the Sessions as you wish.
7. DATA PROTECTION AND INTELLECTUAL PROPERTY
7.1. You acknowledge and agree that your personal data will be processed by and on behalf of me as part of me providing you with the Services.
7.2. I am the owner or the licensee of all Intellectual Property Rights and all
other rights in the materials and content that I use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or any other person.
7.3. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way of the content or materials that I use in the Sessions.
7.4. I grant to you a limited, nonexclusive, non transferable, non sub licensable revocable license to use all of or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.
7.5. You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions.
8. OBLIGATIONS ON TERMINATION
8.1. If either of us give notice to terminate this agreement pursuant to clause1.2, then as soon as reasonably practicable after such notice (and in any event before the date of termination of this agreement), you shall make yourself available for a final Session.
8.2. On or before the date of termination of this agreement, you shall immediately pay any unpaid fees or other sums payable under this agreement.
8.3. Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us at the date of termination of this agreement, including the right to which existed at or before the date of termination.
8.4. Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: clause 5 (Confidential Information), clause 9 (Limitation on liability) and clause 16 (Governing law and jurisdiction).
9. STATUS
9.1. The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.
10. LIMITATION ON LIABILITY
10.1. Nothing in this clause shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
10.2. I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, cost, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services.
10.3. My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.
10.4. If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
10.5. The provisions of this clause 9 shall survive termination of this agreement.
11. FORCE MAJEURE
11.1. I shall not breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.
12. ENTIRE AGREEMENT AND PREVIOUS CONTRACTS
You acknowledge and agree that:
12.1. this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangements, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent) ;
12.2. in entering into this agreement you have not relied on any PreContractual Statement (as defined in clause 16)
13. VARIATION
No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.
14. COUNTERPARTS
This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.
15. THIRD PARTY RIGHTS
15.1. A person who is not a party to this agreement shall not have any rights under the Contracts (Right of Third Parties) Act 1999 to enforce any term of this agreement
15.2. The rights of the parties to terminate, rescind or agree in any variation, waiver or settlement under this agreement are not subject to the content of any person that is not a party to this agreement.
16. GOVERNING LAW AND JURISDICTION
16.1. This agreement and any dispute or claim arising out of or in connection with it or it’s subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with, and governed by, the laws of the province of Ontario as applied to contracts that are executed and performed entirely in Ontario.
16.2. The parties irrevocably agree that the courts of Ontario shall have exclusive jurisdiction to settle any dispute or claim that arises out of
or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
16.3. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
16.4. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
16.5. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
17. INTERPRETATION
17.1. The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).
Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.
PreContractual Statement: any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the provision of the Services other than as expressly set out in this agreement.
17.2. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or reenactment and includes any subordinate legislation for the time being in force made under it.
17.3. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
17.4. Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
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For Educational And Informational Purposes Only
The information contained on this Website and the resources available for download through this website are for educational and informational purposes only.
Not Legal Advice
The information contained on this Website and the resources available for download through this website is not intended as, and shall not be understood or construed as, legal advice. While the professional at the Company are attorneys and the information provided on this Website relates to legal issues, the information contained on this Website is not a substitute for legal advice from a licensed attorney who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with an attorney to address your particular information. The Company expressly recommends that you seek advice from an attorney prior to taking any actions.
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The information contained on this Website and the resources available for download through this website is not intended as, and shall not be understood or construed as, financial advice. While the professional at the Company are finance professionals and the information provided on this Website relates to financial issues, the information contained on this Website is not a substitute for financial advice from a professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a financial professional to address your particular information. The Company expressly recommends that you seek advice from a professional.
Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent financial advice from a professional who is familiar with your situation.
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The information contained on this Website and the resources available for download through this website is not intended as, and shall not be understood or construed as, tax advice. While the professional at the Company are tax professionals and the information provided on this Website relates to tax issues, the information contained on this Website is not a substitute for tax advice from a professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a tax professional to address your particular information. The Company expressly recommends that you seek advice from a professional.
Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent tax advice from a professional who is familiar with your situation.
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The information contained on this Website and the resources available for download through this website is not intended as, and shall not be understood or construed as, medical or health advice. While the professional at the Company address health issues and the information provided on this Website relates to medical and/or health issues, the information contained on this Website is not a substitute for medical or health advice from a professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a medical or health professional to address your particular information. The Company expressly recommends that you seek advice from a professional.
Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent medical or health advice from a professional who is familiar with your situation.
Not Professional Advice
The information contained on this Website and the resources available for download through this website is not intended as, and shall not be understood or construed as, professional advice. While the employees and/or owners of the Company are professionals and the information provided on this Website relates to issues within the Company’s area of professionalism, the information contained on this Website is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular information. The Company expressly recommends that you seek advice from a professional.
Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.]
No Professional-Client Relationship
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The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Website.
User’s Personal Responsibility
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.
No Guarantees
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website succeed in life and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Errors And Omissions
This World Wide Web Site is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this
Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this website.
Reviews
At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review.
Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this website.
We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to hello@nicolejfaria.com that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.
Affiliate Links
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As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
The Company will inform you when one of the links constitutes an affiliate link.
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Testimonials
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Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by the Company.
Earnings Disclaimer
From time to time, the Company may report on the success of one of its existing or prior clients/customers. The information about this success is accurately portrayed by the Customer. You acknowledge that the prior success of others does not guarantee your success.
As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual.
Each individual’s success depends on his or her background, dedication, desire and motivation.
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Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Contact Us
The Company welcomes your questions or comments regarding the Disclaimer:
The Company
Brampton, ON, Canada
Email Address: hello@nicolejfaria.com
Effective as of October 16, 2020