Welcome to The Behavior Reset! It’s an honor to have you here. To ensure that we are on the same page with what this program entails, please review the following Coaching Service Terms & Conditions carefully before completing your purchase. By checking the box at checkout, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions.
This Coaching Service Agreement (the “Agreement”) is entered into between Behavior Pattern Academy, LLC (the “Coach”), and you, the purchaser of the Program (the “Client”). By completing your purchase and checking the box agreeing to these terms, you acknowledge your understanding and acceptance of this Agreement as of the date of your transaction (the “Effective Date”).
By proceeding with your purchase and checking the box to accept these terms, you acknowledge that this action constitutes a legally binding agreement between you and the Coach.
1.0 Term and Termination: This Agreement takes effect immediately as of the Effective Date, and it remains in full force and effect for a minimum of 9 weeks past the Start Date. If Client wishes to continue the Client Coach relationship after the Program’s scheduled 9 weeks, Client can pay for hourly coaching at a rate of $150/hour.
2.0 Services: The Services will address how to determine the root causes of problematic behavior in children and how to use those root causes to make informed and confident decisions regarding discipline. Client will have the opportunity to both learn and apply these concepts with guidance and feedback from Coach. It is essential that Client attend or watch every group coaching session and attend and complete all application projects from the 1:1 sessions to optimize their ability to facilitate behavior modification techniques in their home.
During the Term, the Coach will provide parent coaching services, (the "Services") via video call. All calls will be initiated by Coach and Client will join calls via a link sent to them. Services will include a hybrid of group and 1:1 coaching as outlined below.
Weeks 1, 3, 5, and 7 are group coaching calls with the client, coach, and other clients of the same program start date.
Weeks 2, 4, 6, 8, and 9 are 1:1 coaching calls with the client and coach. During these calls the coach will guide Client through application projects based on the previous week’s group call information.
Coach is also available for additional 1:1 coaching calls during the program term for an hourly rate of $150/hour per Client’s request if they want or need additional help reviewing concepts, completing application projects, etc.
2.1. Scheduling Expectations/Disclaimers
- Group coaching calls are scheduled by Coach alone. All group coaching calls will be recorded and available for the client to watch for the term of this contract. In the event that no Clients are present for a group coaching call, Coach will present and record the information per usual. No group calls will be rescheduled.
- 1:1 coaching calls are scheduled by Client using the scheduling tool provided by Coach. All 1:1 sessions must be scheduled and completed after the preceding week’s group call and before the proceeding week’s group call. For example, week 2’s one on one call must be scheduled and completed after the week 1 group call, and before the week 3 group call.
- In the event that Client does not schedule their 1:1 call in the allotted time, they voluntarily forfeit that coaching call with no refund.
- In the event that Client does schedule but does not attend their 1:1 call, they voluntarily forfeit that coaching call with no refund.
- Client can reschedule up to one 1:1 coaching call under the following circumstances.
- Client gives Coach a minimum of 12 hours notice
- There is an available 1:1 coaching spot before the next week’s group coaching call.
3.0 Expectations of Parties: Both Parties are expected to treat each other with dignity and respect. Coach and Client are expected to fulfill their roles as follows:
Client Expectations
- Attend or watch the recording of every group call
- Schedule and attend every 1:1 call
- Complete the application projects assigned from Coach and attend 1:1 calls prepared with completed application projects
- Attend 1:1 calls prepared with questions, comments or concerns regarding previous group or 1:1 calls
- Attend 1:1 calls prepared with questions, comments, or concerns regarding application projects
- Use your best efforts to implement the strategies we discuss
- Be prepared to stretch yourself out of your comfort zone and implement new strategies
Coach Expectations
- Attend calls prepared to teach
- Attend calls on time and be present for the duration of the call with no distraction
- Listen to and address questions and concerns
- Deliver information in a way that is understandable and applicable
- Explain application projects thoroughly
4.0 Payment Details: The Client will pay Coach $1197 for the Program under one of the following payment plans
- Pay in full:
- $1197 due 24 hours before the Start Date
- 3 Monthly Payments of $399:
- Payment 1 due 24 hours before the start date.
- Payments 2 and 3 paid five or more days after the due date are late and may incur a late fee of $10 per day and the client will not be able to join any group or 1:1 calls until their balance is paid. Client is responsible for the cost of coaching calls that were withheld due to late payments and no refund will be given for the cost of these calls.
Upon completion of the Program, coaching services may convert to an hourly basis per Client request at a rate of $150/hour.
4.1. Payment Disclaimer. Payment shall be due in full before the start of the services via invoice, unless the Parties have agreed to a payment plan for Client’s convenience. Client is responsible for the payment of all 9 sessions of the Program regardless of attendance or utilization. You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). If all eligible payment methods we have on file for you are declined for payment, you must provide a new eligible payment method promptly or you will be subject to the Termination Policy below and required to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment, including a 5% late fee per week, or the highest statutory rate allowed in the pertinent jurisdiction. Invoices payable via Square or Paypal will be collected either in one lump sum or through monthly/bimonthly automated payments as indicated upon purchase.
4.2. Refund Policy. No refunds available. Coach and the Program cannot guarantee results. Please review this Agreement and the terms carefully before making your commitment.
Since we have a clear and explicit refund policy that you have agreed to prior to completing your purchase of coaching services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback. You agree that initiating a chargeback or threatening a chargeback is a breach of these payment terms and shall subject you to the Termination Policy below. The refund policy in effect for the term of this Agreement is as follows (if you have any questions or problems, please let us know by contacting our support team directly at [email protected].
5.0 Client Obligations: The Coach’s ability to perform its obligations under this Agreement is dependent on the Client fulfilling his or her obligations.
5.1. Participation: Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy or medical advice and that the Coach cannot prevent, cure, or treat any mental disorder or medical disease or condition. The Client understands that successful coaching requires a cooperative and jointly-active approach between Client and Coach. In the coaching relationship, the Coach assists or facilitates awareness and accountability regarding the Client’s changes, but it is the Client's responsibility to enact change.
5.2. Communication. If the Client believes the coaching is not working as desired, the Client will communicate this with the coach as soon as possible and the coaching strategy will be restructured to address the Client’s desired outcome of coaching. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
5.3. Prior History. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed.
6.0. DISCLAIMER: Coach is not an employee, agent, lawyer, doctor, manager, therapist, public relations, business manager, registered dietician, financial analyst, psychotherapist or accountant. Client understands that Coach has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
7.0 LIABILITY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COACH MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED WITH RESPECT TO THE COACHING SERVICES NEGOTIATED, AGREED UPON AND RENDERED. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT THE CLIENT MAY INCUR, THE COACH’S ENTIRE LIABILITY UNDER THIS AGREEMENT, AND THE CLIENT’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CLIENT TO THE COACH UNDER THIS AGREEMENT FOR THE PREVIOUS 3 MONTHS FOR ALL COACHING SERVICES RENDERED THROUGH AND INCLUDING THE TERMINATION DATE.
8.0. INDEMNIFICATION: CLIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS COACH, COACH’S OFFICERS, EMPLOYERS, EMPLOYEES, CONTRACTORS, DIRECTORS, RELATED ENTITIES, TRUSTEES, AFFILIATES, AND SUCCESSORS FROM AND AGAINST ANY AND ALL LIABILITIES AND EXPENSE WHATSOEVER – INCLUDING WITHOUT LIMITATION, CLAIMS, DAMAGES, JUDGMENTS, AWARDS, SETTLEMENTS, INVESTIGATIONS, COSTS, ATTORNEYS FEES, AND DISBURSEMENTS – WHICH ANY OF THEM MAY INCUR OR BECOME OBLIGATED TO PAY ARISING OUT OF OR RESULTING FROM THE SERVICES UNDER THIS AGREEMENT, EXCLUDING, HOWEVER, ANY SUCH EXPENSES AND LIABILITIES WHICH MAY RESULT FROM A BREACH OF THIS AGREEMENT OR SOLE NEGLIGENCE OR WILLFUL MISCONDUCT BY COACH. CLIENT SHALL DEFEND COACH IN ANY LEGAL ACTIONS, REGULATORY ACTIONS, OR THE LIKE ARISING FROM OR RELATED TO THIS AGREEMENT. CLIENT RECOGNIZES AND AGREES THAT ALL OF THE COACH’S SHAREHOLDERS, TRUSTEES, AFFILIATES AND SUCCESSORS SHALL NOT BE HELD PERSONALLY RESPONSIBLE OR LIABLE FOR ANY ACTIONS OR REPRESENTATIONS OF THE COACH. IN CONSIDERATION OF AND AS PART OF MY PAYMENT FOR THE RIGHT TO PARTICIPATE IN COACH’S SERVICES OR PROGRAMS, THE UNDERSIGNED CLIENT AND THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS DO HEREBY RELEASE, WAIVE, ACQUIT, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS AND FOREVER DISCHARGE COACH AND ITS SUBSIDIARIES, PRINCIPALS, DIRECTORS, EMPLOYEES, AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS FROM ALL ACTIONS, CAUSES OF ACTION, CONTRACTS, CLAIMS, SUITS, COSTS, DEMANDS AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN A EQUITY ARISING FROM CLIENT’S PARTICIPATION IN THE COACHING SERVICES OR PROGRAM.
9.0 Confidential Information: The Client has the right to confidentiality within certain limits because the Coach-Client relationship is not considered a legally confidential relationship and is not privileged. Information revealed by Client during coaching sessions will be kept confidential and will not be revealed to any other party with the following exceptions:
- You sign a written release of information indicating your consent to such a release, such as a testimonial release, including your permission to be listed as a coaching client.
- You express serious intent to harm yourself or someone else.
- General topics, issues or themes discussed in coaching sessions may be anonymously and hypothetically shared with others only in a way that does not specifically identify Client or Client’s business.
- Sessions may be recorded and may be shared by Coach by either anonymizing the Client or with Client’s written permission
Confidential Information does not include information that: (a) was in the Coach’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 Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
10.0. No Transfer of Intellectual Property: Any content or materials provided by Coach is copyrighted and are for Client’s individual use only as a single-user licensee. Client is not authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted program and/or course materials, shall remain the sole property of the Coach. No license to sell or distribute Coach’s materials is granted or implied. By paying Coach, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of the Coach, (2) that any Confidential Information shared by the Coach is confidential and proprietary, and belongs solely and exclusively to the Coach, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Coach. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
11.0 Termination: Coach may terminate this Agreement at any time and refund a pro-rata balance of the remaining coaching sessions, minus the value of any digital products. Client can terminate only for cause and shall give Coach written notice detailing the nature of Coach’s breach of this Agreement and possible remedies, whereupon Coach shall have a reasonable period of time (but in no event less than 14 days) to cure such fault. Termination by Client without providing the foregoing notice and cure period shall be considered “termination without Consultant’s fault,” and Client will be responsible for the remaining balance of any service package, due within 15 days of an invoice, regardless of how many sessions have been “used” and access to any resources, including any course or digital resources, will be removed. Coach may terminate this Agreement and limit, suspend, or terminate Client’s participation without refund if Client becomes disruptive to Coach or other participants, Client fails to follow guidelines, is difficult to work with, impairs the participation of any other participants or upon Client’s violation of these terms as determined by the Coach.
The provisions of this Agreement that by their nature are intended to survive termination or expiration of this Agreement, including but not limited to Sections [Confidentiality], [Intellectual Property], [Indemnification], [Limitation of Liability], and [Dispute Resolution], shall so survive.
12.0. Entire Agreement: This document reflects the entire agreement between the Coach and 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 assigned, amended, altered or supplemented except in writing signed by both the Coach and the Client.
13.0. 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.
14.0. 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.
15.0. Applicable Law: This Agreement shall be governed and construed in accordance with the laws of the State of Utah, without giving effect to any conflicts of laws provisions.
16.0. Binding Effect: This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
17.0 Headings: Headings in this Agreement are for convenience only and do not confer rights or obligations, nor alter any terms of this Agreement.
18.0 Dispute Resolution: The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through good faith negotiations. If the parties are unable to resolve the dispute through negotiation within thirty (30) days, the parties agree to submit the dispute to binding arbitration administered by [Arbitration Organization, e.g., the American Arbitration Association] under its [Applicable Rules, e.g., Commercial Arbitration Rules]. The arbitration shall be conducted in Bountiful, Utah, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Each party shall bear its own costs, and the parties shall share equally the arbitrator’s fees and expenses, unless otherwise determined by the arbitrator.
By checking the box stating you have read and understand the terms and conditions of this Agreement, the parties acknowledge that they have read, understand, agree to, and accept all terms of this Agreement. Client agrees that client has had the opportunity to ask any questions prior to accepting this Agreement, and checking the terms and conditions box indicates agreement with the terms set forth herein.