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WWW.HOPEFORDYSTONIA.COM TERMS  AND CONDITIONS - COACHING SERVICE AGREEMENT

(hereinafter the “Agreement”)

 

BETWEEN (purchaser of services on www.hopefordystonia.com or as indicated below):

 

Name: 

Address:

Date of Birth: 

Telephone:

Email:

 

 

(hereinafter referred to as the “Client”)


 

AND:

Federico Petrelli, D.B.A. Hope for Dystonia     

hello@hopefordystonia.com

 

(hereinafter referred to as the “Coach”)

 

WHEREAS the Coach offers coaching services for managing functional challenges  through non-medical avenues, shares his knowledge and experience, and helps the Client develop and use certain body function despite neurophysiological  symptoms by using mind-body techniques and providing tips to help the Client actively work toward its well-being; 

 

WHEREAS the Client wishes to retain the Coach’s services and the Coach agrees to provide coaching services to the Client;

 

  1. Description:

    1. Hope for Dystonia coaching is an alliance between the Coach and the Client that uses mind-body techniques to promote self-discovery and well-being. It is designed to facilitate the development of personal goals and to develop and carry out a strategy and methods for achieving those goals. Coaching for neurophysiological health/wellbeing creates a relationship between the Coach and the Client of ongoing learning, growth and development to help the Client get to know the Client’s own nervous system, and then actively integrate new, functional patterns into daily life.
       

  2. The Coach-Client Relationship

    1. The Client is solely responsible for creating and implementing the Client’s own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching sessions and interactions with the Coach. 

    2. The Client understands that in order to enhance the coaching relationship, it agrees to communicate honestly, be opened to feedback and assistance and to create the time and energy to fully participate in the coaching service. 

    3. The Client understands that coaching is not a treatment, but rather an active process led by the Client.    

    4. The Client understands that coaching requires Client effort during and between sessions in order to achieve results. 

    5. The Coach has no obligation of result but takes all means available to the Coach, as appropriate and according to the Coach’s exclusive judgment, to help the Client reach goals through relevant tools and techniques. It is understood by the Client that the Coach’s obligations herewith are obligations of means and not of results.

    6. The Client is solely responsible for Client’s own actions and shall not hold the Coach responsible for any consequences resulting from Client’s decisions.

    7. The Coach focuses on coaching the Client to adjust the Client’s own behavior, perception and skill development to promote well-being.

    8. The Coach is committed to honoring the power of the coach/client relationship and to exercise the highest degree of professionalism, integrity and honesty.     

    9. The Client acknowledges and agrees that during in-person sessions, the Coach may use touch to help guide the Client during exercises. The Client agrees to communicate promptly and openly should the Client prefer to avoid or stop touch.  
       

  3. Package Plans and Pricing

    1. The Client has selected and purchased a Package Plan or an Individual Session on www.hopefordystonia.com, or purchased services from the Coach through a mutually agreed fee schedule and payment method. Pricing for Package Plans or Individual Sessions are as described on www.hopefordystonia.com.

 

  1. The new Client understands and agrees that before booking any individual coaching session, the Client must book an investigation session first.     

  2. The Client understands that as part of the coaching work, the Coach may recommend that the Client purchase optional tools in order to facilitate the joint coaching work. The Client understands that while there is no obligation  to purchase tools, the absence of appropriate instruments can negatively affect the Client’s progress and the range of techniques available.    
     

  1. Fees and Billing

    1. The Prices associated with the service are determined either at a flat rate for Package Plans or as Individual Sessions.

    2. All prices are shown in Canadian Dollars and exclude any applicable sales taxes.

    3. The Client shall pay the Price specified in Section 3.1 to the Coach upon signature of the present Agreement, by credit card on the Coach’s website https://www.hopefordystonia.com, or as otherwise agreed, before the commencement of any sessions.  

    4. Notwithstanding the foregoing, the Coach reserves the right to correct, at any time, any invoicing errors, including calculation and pricing errors, which may arise from time to time. 
       

  2. Services and Schedule

    1. The present Agreement is valid as of the date of signature of the present Agreement by both parties. 

    2. The parties agree to engage in the Package Plan that was chosen by the Client.

    3. The Client acknowledges that Package Plans are valid for six months, and all sessions must be used within that time frame. Unused sessions are considered abandoned. 

    4. Client acknowledges and agrees that all charges, including Package Plans, are non-refundable.      

    5. Each session shall take place by way of online video conference platform such as Zoom, unless otherwise agreed.

    6. The Coach could be reached by e-mail at hello@hopefordystonia in between scheduled sessions but cannot guarantee any response delay or frequency. 

    7. In case of emergency, the Client shall contact its local health emergency service. 

    8. Procedure and Cancellation Policy

    9. The time of the session shall be determined by Coach and Client based on a mutually agreed upon time. 

    10. If the Client needs to cancel or reschedule a session, it is the Client’s responsibility to notify by e-mail the Coach at least 24 hours in advance of the scheduled session. 

    11. In the event the Client cancels the session with less than 24 hours’ notice or does not show up to the Session, the Coach reserves the right to count the missed session as a completed session except in the case of an emergency for which justification shall be remitted to the Coach who shall have full discretion to accept it as valid justification. In which case, the Coach shall attempt in good faith to reschedule the missed session.
       

  3. Confidentiality 

    1. This coaching relationship, as well as all personal information (documented or verbal) that the Client shares with the Coach as part of this relationship, is confidential. The Coach agrees not to disclose any confidential information (“Confidential Information”) pertaining to the Client without the Client’s written consent.

    2. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being disclosed 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; (e) does not include personal identifiable information (name, date of birth, email address); (fe) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (gf) 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.

    3. Except as otherwise provided in this Agreement, the Confidential Information will remain the exclusive property of the disclosing party and will only be used by the parties for the purpose of this Agreement. The parties will not use the Confidential Information for any purpose that might be directly or indirectly detrimental to either party.

    4. The obligations to ensure and protect the confidentiality of the Confidential Information imposed on the parties in this Agreement and any obligations to provide notice under this Agreement will survive the expiration or termination, as the case may be, of this Agreement and will be continuous from the date of this Agreement and without any limitation of time.     

    5. Client acknowledges and agrees that Confidential Information may be stored on password-protected cloud services.     

    6. Topics and information from coaching sessions, as well as case information, may be anonymously shared by the Coach for training, supervision, mentoring, evaluation, marketing, research and for coach professional development and/or consultation purposes. 
       

  4. Term

    1. The Client shall choose one Package Plan or Individual Session at a time.

    2. The Agreement comes into effect the date the Client executes the Agreement by signing a physical or electronic copy, or by accepting the terms and conditions on the Coach’s website. 

    3. Acceptance by the Client of the present Agreement as “Terms and Conditions” when Client signs up to or purchases coaching services on www.hopefordystonia.com shall be considered fully binding, and the present Agreement will take full effect at that time.      

    4. If at the completion of the Package Plan, the Client decides to choose a new Package Plan, or if the Client chooses an automatic renewal option, the present Agreement shall remain in force until the termination of the joint coaching work. The Agreement will be understood to refer to the newly purchased coaching Package Plan or Session.    
       

  5. Termination 

    1. The Client agrees that the Coach may, at the Coach’s sole discretion and without cause, terminate the present Agreement upon a written prior notice of fifteen (15) days to the Client. 

    2. The Client agrees that the Coach may limit, suspend or terminate Client’s participation in the coaching service without refund in the event that the Client becomes disruptive to the Coach, obstructs the coaching work, engages in behavior that is harmful to Client, Coach or others, engages in illegal behavior, or upon violation of the terms, as determined by the Coach and according to Coach’s exclusive judgment. 

    3. The Client may terminate the present Agreement prior to the expiration of the Term, upon a written notice to that effect, without refund.

    4. The Agreement will automatically terminate at the expiry of the Term of the Package Plan. 

    5. The Client and the Coach acknowledge that once the Agreement is terminated, the parties shall have no continuing contractual relationship except as expressly provided in this Agreement. 
       

  6. Disclaimer - Limited Liability 

    1. 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. 

    2. The Client agrees that the Coach is not and shall not be held liable or responsible for any actions or inaction, or any incorrect or incomplete information provided by the Client or for any direct or indirect result of any services provided by the Coach, including but not limited to any indirect, consequential or special damages. The Coach makes no representations or guarantees, expressly implied, legal or otherwise, in connection with the performance of the services under this Agreement. The Coach shall not be liable for any error of judgment, or for any act done or step taken or omitted by it in good faith, or for any mistake of fact or law, or for anything which it may do or refrain from doing in connection herewith, except for its own gross or intentional fault or bad faith. This limitation of liability shall apply to the maximum extent permitted by applicable law.

    3. The Client understands that the Coach has not promised, shall not be obligated to and shall not (1) provide recovery for any disorder, disease or health condition (2) treat or cure any neurological or other disorder, disease or health condition (3) guarantee any sort of rehabilitation. The Client understands that the term “recovery” as used in joint coaching work refers to the Client’s active work towards well-being. The Client understands that the Coach is not a medical professional or specialist and does not specialize in activities reserved to members of the neurologist association or any medical field. The Client acknowledges that the Coach makes no claims that the coaching service is intended to diagnose, treat, cure or prevent any disorder or disease or make any claims that exceed or detract from those made by the Coach. The Client further understands that coaching is not a substitute for medical advice or treatment of any kind. The Client also understands that the Coach is bound by an obligation of means and not of results.  

    4. 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. If the Client encounters a problem that should be treated by a licensed therapist or physician, it is the Client’s exclusive responsibility to seek such independent professional guidance as needed.

    5. If the Client is currently under the care of a medical health professional, including a mental health professional, it is recommended that the Client promptly inform the medical or mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach. Consequently, it is the Client’s obligation to disclose this information to the Coach as well as but not limited to any medical treatment, medication and diagnoses, including as relating to mental health, that the Client is involved with or in as to be transparent with the Coach.

    6. The Client accepts full responsibility for Client’s own  progress and results from the coaching work. The Client understands that because of the nature of the service and its extent, the results experienced by each Client may significantly vary. The Coach makes no representations, warranties, or guarantees verbally or in writing. There is no guarantee that Client shall reach its goals as a result of participation in the services. The Coach assumes no responsibility for errors or omissions that may appear in any coaching materials or in coaching methods or in researches used to guide the services.      

    7. The Client acknowledges that any information provided about psilocybin or microdosing, including clinical or anecdotal evidence about these topics shall not be construed as medical advice, nor as an invitation to consume substances that are controlled in the Client’s jurisdiction. The Client acknowledges that psilocybin mushrooms remain a controlled substance in Canada, and further acknowledges that the Coach specifically advises against consuming them illegally or without medical advice. 
       

  7. Severability

    1. If any provision of the present Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. 
       

  8. Governing Law 

    1. This Agreement shall be governed and construed in accordance with the laws of the province of Quebec in Canada.

    2. The parties agree to elect domicile in the judicial district of Montréal, Canada and choose      it as the appropriate district to hear any claim arising from the interpretation, application, performance, entry into force, validity and effect of the present Agreement.

    3. The Parties have requested that the present Agreement be drafted in the English language. Les parties ont demandé que le présent contrat soit rédigé en langue anglaise.
       

  9. Binding Effect 

    1. This Agreement shall be binding upon the parties hereto and its respective successors and permissible assigns. 

    2. The Parties acknowledge having read and understood the present contract and hereby agree to the terms and conditions set forth above. 
       

Acceptance of the terms and conditions upon purchase or signup to the website constitutes fully binding acceptance of this agreement. 

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