Agreement between:

The Brilliant Balance Company™
(Company)

and

Client 

whereby Company agrees to provide Coaching Services to Client on the terms and conditions set forth in this Agreement and Client desires to receive coaching services from the Company. The term “Company” shall include The Brilliant Balance Company™, its owners, members, employees, and contractors performing services as part of delivery of services under this agreement.

NOW, THEREFORE, the Parties do mutually agree as follows:

Client commitment:

1. Client is responsible for her own physical, mental and emotional wellbeing, decisions, choices, actions and results. As such, the Client agrees that the Company is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the Company. 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.
2. Client understands that coaching is not to be used as a substitute for professional advice by legal, mental, medical, financial or other qualified professionals and will seek independent professional guidance for such matters.
3. Client will inform the Company team if she is currently receiving care/treatment for any mental health condition by a therapist, counselor, psychiatrist, psychologist, primary care physician, or any other qualified medical treatment provider. Client will also inform the mental health care provider of her participation in the Brilliant Balance coaching program.
4. Client will use the private and confidential membership site groups for participation in the coaching program, where applicable. Client promises not to use the group to advertise or otherwise solicit sales for other business or personal gain.

Services: The parties agree to engage in a life coaching relationship. The Company will provide coaching services via weekly group coaching with the roster of Brilliant Balance coaches, monthly interactive planning workshops led by the Brilliant Balance coaches, and a private Brilliant Balance Coaching Community membership site.

Term of Services: Coaching will begin work immediately upon receipt of Client's payment for the program and will continue until the conclusion of program terms. In the event of termination by a Client, services will end on the last day of the billing cycle during which Client gives notice of termination.

Either the Company or Client can end this Agreement pursuant to the terms set below in “Termination and Refund Policy.”

Fees: This coaching agreement is valid as of the date of purchase. Client represents and warrants that (i) any credit card, debit card, or bank information Client supplies is true and complete, (ii) charges incurred by Client will be honored by Client’s bank or credit card company, (iii) Client will pay the charges incurred at the posted prices, including any applicable taxes, and (iv) if Client’s initial payment method is dishonored, Client will still pay the incurred charges, including any surcharge the Company may incur due to the dishonored payment.

Currency: Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in U.S. Dollars.

Termination Policy: The Company may terminate this agreement at any time without refund for a client breach, including but not limited to nonpayment of fees, breach of confidentiality, group disruption, or unprofessional behavior. The determination to dismiss a client for the above reasons are in the sole discretion of the Company.

If the Coach doesn’t feel that the Client is a good fit or that the Client is jeopardizing others' growth in the program, the Coach may decide to suspend the Client from the group or from the entire program and will prorate the Client's fee for the time the Client is in the program.

If the Client terminates the program, services will continue through the last day of the billing cycle in which notice of termination is given. Monthly fees will not be refunded or pro-rated for a partial month.

Mutual Confidentiality: While working together, Client and Company representatives may come across, or be given, information that is confidential. This coaching relationship, as well as all information, documented or verbal, is bound by confidentiality. The Parties agree not to disclose any confidential information about the other without prior written consent. Confidential information includes Client’s full identity unless Client gives permission for the Company to use their story for marketing purposes and the Company’s strategies and procedures.

Confidential information does not include information that: (a) was in the Company’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 Company from a third party, without breach of any obligation to the Client; (d) is independently developed by the Company or any of its representatives without use of or reference to the Client’s confidential information; or (e) that the Company is required by law to disclose. The Parties each promise that they will not share with the other Party confidential information that belongs to third parties, unless allowed to do so.

Client agrees to treat the identity and personal identifiable information of other group members as confidential.

Coach's Intellectual Property Rights: The Company owns or is authorized to use the work product and all intellectual property associated therewith, including, any copyright and proprietary information. The Company’s work product is for Client's personal use, or Client's internal use in Client's business. Client is not allowed, at any time, even after the program ends, to sell, trade, transmit, or distribute the Company’s work product.

Limited Liability: Except as expressly provided in this agreement, the Company makes no guarantees or warranties, express or implied. In no event will the Company or any of its representatives be liable to the Client for consequential or special damages. Notwithstanding any damages that the Client may incur, the Company’s entire liability under this agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to the Company under this agreement for all services rendered up until the termination date.

Disclaimers: The Company also expressly disclaims responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained by working with the Company. Client agrees that Company is not liable or responsible in any way for Client’s results.

Indemnification: Each party agrees to indemnify, defend, and hold harmless the other Party and its respective partners, agents, officers, directors, shareholders, transferees, assignees, employees, joint venture partners, affiliates, contractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, and product and service providers, as applicable, against any liability, loss, claims, causes of actions, damages, and expense, including reasonable attorney’s fees, related to a third-party claim or proceeding arising out of: (i) the work the Company has done under this Agreement, including a third-party data breach or confidentiality breach; (ii) a breach by either Party of its obligations under this Agreement.

Assignment: This Agreement applies only to Company and Client. Neither Party cannot assign its rights or delegate its obligations under this Agreement to a third-party, without first receiving each other's written permission.

Modification: To change anything in this Agreement, Client and Company must agree to that change in writing and sign a document showing their Agreement.

Choice of Law and Jurisdiction: These Terms will be treated as if it were executed and performed in Ohio and will be governed by and construed in accordance with the laws of Ohio without regard to conflict of law’s provisions.

Dispute Resolution: Any dispute, controversy, or claim relating to, connected with, or arising out of his Agreement, including any question regarding its existence, validity, or termination, shall be exclusively resolved by binding arbitration in the state of Ohio.

Severability: In the event that any term, provision, paragraph, article, or section of this Agreement is declared fully or partially illegal, void, invalid, or unenforceable by a judicial proceeding, the remainder of that part or provision and the Agreement will remain in full force and effect, provided that the essential terms and conditions of this Agreement for each party remain valid, binding, and enforceable.

Entire Agreement: This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.