Locomotiv Coaching, LLC Service Terms
The terms and conditions below apply to all coaching provided by Locomotiv Coaching, LCC and Bryan Yates(“the Coach”) to any individual or organization ("the Client") and constitute the contract for the service to be provided by the Coach for the Client. The term 'coaching' covers career coaching, leadership training and coaching, life coaching, personal coaching, and youth coaching for Clients and where applicable includes mentoring or supervision services provided by the Coach or others. Locomotiv Coaching is not a trained or licensed therapist. These are coaching sessions and should not be used in lieu of professional therapy where therapy may be needed. In return for the fees payable by the Client (or by a third party on their behalf), the Coach agrees to provide the service as described below and in accordance with the terms and conditions set out below. The Client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the Client). The date that the first paid coaching session takes place shall be deemed the start date for the service. Participation by any individual in the first paid coaching session constitutes acceptance of these terms and conditions.
TERMS & CONDITIONS
Responsibility
Your Coach will do everything possible to support you in achieving your own results and desired outcomes.
You accept 100% responsibility for your experience of being coached, and take 100% ownership for your reactions and decisions.
You accept 100% responsibility for the cause of all change in your life.
Your Coach will work with you to identify solutions, offer suggestions, and advice based on their own personal experience, training, and the information as he best understands it.
You accept full responsibility for any and all decisions and courses of action. Your health, personal finances, professional, life decisions are yours and yours alone. The Coach has no liability for any loss incurred by any Client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the Client, whether justified or otherwise, to achieve a material improvement in quality of esteem, life, business or to achieve their desired outcomes or goals.
You as Client, by consenting to this Coaching Agreement agree and acknowledge that the Coach is not a licensed therapist, financial advisor, real estate professional, health or legal professional. Your coach is available to you as an advisor only.
Format of Sessions
Coaching will be done over video (Facetime, Google Meet, or Zoom), telephone, or in person. Format will be mutually agreed upon in advance. Unless otherwise agreed, the Client is responsible for calling or Facetiming the Coach at scheduled time. For video sessions, Coach will provide a meeting link. The Coach is responsible for ensuring that he is available for consultation at the agreed time. Typical sessions can last between 45 and 90 minutes. As agreed between The Coach and the Client.
Confidentiality
Your Coach will not discuss that you are in a coaching relationship without your express consent. You may discuss the coaching relationship with anyone at any time. Personal information or business information supplied by Clients in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the Client's prior permission, saved where required by law or where action might be necessary to prevent harm to the Client or someone else.
Scheduling
All Coaching Sessions are scheduled in advance by direct agreement between you and your Coach. Sessions, wherever possible, should be scheduled online via The Locomotiv Coaching website. If for any reason you cannot attend a scheduled Coaching Session you are fully responsible for informing your Coach and arranging an appointment at least 24 hours in advance, otherwise the session will be deemed forfeit. You are responsible for rescheduling via phone or contact (and receive reply) via email. The date and time of the first session and any subsequent session will be agreed between the Coach and the Client by phone or email and confirmed by the Coach by email. Sessions can only be rescheduled in accordance with the section in these terms and conditions headed “Rescheduling Sessions.”
Rescheduling Sessions
If Client needs to reschedule a coaching session, they should provide at least 24 hours’ notice. No refunds will be given to Clients for unused coaching sessions. In exceptional circumstances the Coach may need to reschedule a coaching session. In those instances she will also give the Client 24 hours’ notice where practical. When a Client pays for a session or sessions in advance they must have the coaching session(s) that they have paid for within the agreed amount of time (3 months) or their payment for services is forfeited.
Free Breakthrough Session
This session is for first-time Locomotiv Coaching clients only. Unless otherwise stated, it may not be used by any previous Locomotiv Coaching clients. Prior clients who sign up using the “Free Breakthrough Session” option will be charged the price of a single session at the current published rate.
Homework
Tasks may be assigned to assist in accelerating your change and the achievement of your desired results. There is no obligation on the Client to complete these items of ‘homework’, but not doing so may slow the Client's progress in gaining improved quality of life or achieving desired business or personal outcomes. Where possible, Clients are requested to submit any information requested by The Coach relating to assignments at least 24 hours before the coaching session. This will allow both the Client and Coach to prepare for the session. The Coach may provide feedback on completed assignments. The Client may contact The Coach by phone or e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g. how a Client reschedules a coaching session or make a payment).
Free Extra Time
There is no extra charge for email and text updates between your Coaching Sessions. Coach wants to hear about issues or hear you share something great! Your Coach provides this free additional service to give your superior value and results.
Initial Number of Sessions to be provided
Unless otherwise agreed upon, the standard coaching term is Three sessions per month for three months. Three sessions per month for three months.
The Inner Circle
This is an ongoing, month-to-month group coaching model. Your payment method will be charged monthly until you decide to terminate the service. You must email us two weeks in advance of your intention to leave the service. At that time, your payment method will be eliminated from our records and you will no longer have access to the live sessions, recorded sessions, or the online community.
Fee, Payment & Refund Terms
All coaching sessions and packages must be purchased in advance. Fees can be paid online by debit or credit card via the Locomotiv Coaching website. In accordance with the Coach's current program series or per session fees. Current fees will be displayed at point of purchase on the Locomotiv Coaching website.
Individuals choosing to pay for their 12-week programs on a monthly basis hereby agree to pay for their coaching service in full. These may only be cancelled in situations outlined in the “Early Termination” section below.
Where receipts are requested by the Client, they will be sent by e-mail unless otherwise requested. Fees are payable in advance of each coaching session unless otherwise agreed.. Locomotiv Coaching, LLC has a no refund policy as a way of honoring the client’s commitment to personal development, informed decision-making, and accountability.
Early Termination
In exceptional circumstances, such as inappropriate behavior by the Client, actual or potential conflict of interest, or other reasons, the Coach can decide to terminate the service to the Client early or refuse or be unable to provide further coaching sessions to the Client. In such a circumstance the Client will be given reasonable notice of termination by the Coach where practicable and will be refunded any advance payments made for coaching sessions not yet provided.
Variation of Terms and Conditions
Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both the Coach and the Client and confirmed by the Coach in writing by email. In other cases, the Coach may change any of these terms or conditions including the Per Session Fee by giving the Client two weeks' notice in writing by e-mail of the change(s). If following receipt of such notification of change, the Client no longer wishes to proceed with further coaching sessions, s/he may withdraw from the service immediately by giving notice in writing by email. The Coach will determine if the Client is entitled to a refund and if so, how much. Such notice will be effective on receipt by the Coach.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.locomotivcoaching.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Locomotiv Coaching that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Locomotiv Coaching or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Locomotiv Coaching content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Locomotiv Coaching and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Locomotiv Coaching or our licensors except as expressly authorized by these Terms.
Indemnification
You agree to indemnify, defend and hold harmless Locomotiv Coaching, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Locomotiv Coaching reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Locomotiv Coaching in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Governing Law
This contract is governed by the law of California whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.
Changes to Terms
Locomotiv Coaching reserves the right, in its sole discretion, to change the Terms under which www.locomotivcoaching.com is offered. The most current version of the Terms will supersede all previous versions. Locomotiv Coaching encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Locomotiv Coaching welcomes your questions or comments regarding the Terms:
Locomotiv Performance Coaching
_________________
Atascadero, California 93422
Email Address:
info@locomotivcoaching.com
Effective as of December 1, 2022