Coaching Agreement and Terms of Service

Effective date: 1 November 2021

 

Agreement

This Agreement, along with any additional terms and/or policies incorporated by reference (collectively the “Agreement”), constitutes a legally binding agreement between Mountainside Mentors, LLC. (“Mountainside”) and purchaser or participant (“You” or “Your”) (collectively the “Parties”) as part of Your purchase of courses, events, services, or programs (the “Programs”). You expressly acknowledge that You have read and understand this Agreement in its entirety. For good and valuable consideration, the sufficiency of which is acknowledged, You agree to be bound by the terms and conditions of this Agreement.

 

Definitions

All capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Terms of Service.

 

Terms of Service

1. Program Participation: Participation in the Programs is voluntary and the results You experience are based on Your level of participation. You may choose to cease participation at any time—You recognize, however, that the Program tuition will not be refunded. During Your participation in the Program, Your emotions may surface at any point. You are responsible for how much You share and express while participating in the Programs, and You acknowledge Your responsibility to participate in a respectful manner and create an environment where others will also feel comfortable sharing and expressing themselves.

2. Relationship: You are solely responsible for creating and implementing Your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and Your coaching calls and interactions with Mountainside. As such, the You agree that Mountainside is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of participation in the Programs. You understand 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.

3. Recording and Photo Release: You grant Mountainside Mentoring and its authorized representatives permission to record Your participation in the Programs via any photographic, video, or audio recording methods. Except for recordings of private mentoring appointments, which will be kept confidential, You consent to Your voice, name, and/or likeness being used, in any and all media, whether now known or hereafter devised, in perpetuity, without payment of fees, royalties, special credit, or other compensation.

4. Assumption of Risk, Release and Waiver of Liability:

a. Assumption of Risk: You acknowledge and agree (1) that You understand the nature of the Programs; (2) that You are qualified, in good health, and in proper physical, psychological, and emotional condition to participate therein; (3) that there are inherent risks, both known and unknown, associated with participation in the Programs including, but not limited to, physical injury, permanent disability or death, social and economic losses, costs, damages, and other risks not readily foreseeable at present (collectively, the “Risks”); (4) these Risks may be caused by Your own actions or inaction, the actions or inaction of others participating in the Programs, the conditions in which the Programs take place, or the ordinary negligence of the “Releasees” named below; and (5) You knowingly and voluntarily accept and assume all such Risks and all responsibility for each of these Risks which could arise from, occur during, or as a result of Your participation in the Programs.

b. Release and Waiver: You hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Mountainside or any subdivision thereof, its related parties, affiliates, officers, directors, employees, representatives, agents, licensors, attorneys, heir, successors and assignees (collectively, the “Releasees”) from and for any liability for any personal injury, accident, illness, permanent disability or death, and/or property loss, caused in whole or in part by Releasees ordinary negligence, or arising from, or in any way related to, Your participation in the Programs.

c. Indemnification and Hold Harmless: You also hereby agree to INDEMNIFY, DEFEND AND HOLD the Releasees HARMLESS from any and all claims, demands, procedures, suits, expenses, actions, costs, damages and liabilities arising from, or in any way related to, Your participation in the Programs.

d. Severability: You expressly agree that You have read and fully understand the entire foregoing assumption of risk, release and waiver and liability, and indemnity agreement in which You have surrendered substantial rights by signing, and intend Your signature to be a complete and unconditional release of all liability to the fullest extent allowed by law with the assumption of risk and waiver of liability to be as broad and inclusive as is permitted by law, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

5. Survival: Coaching Agreement and Terms of Service sections 3 and 4 shall survive termination of Your relationship with Mountainside or any of the Programs.

6. Intellectual Property Rights:

a. You may not use Mountainside's name, trademarks, service marks, video assets, audio recordings, images, documents, or any other intellectual property right (collectively the “Intellectual Property”) of Mountainside in any manner whatsoever to suggest association or affiliation with or endorsement by Mountainside without the express prior written consent of Mountainside, which Mountainside may withhold at its sole discretion.

b. You may not use or display Mountainside Intellectual Property in any manner to disparage Mountainside or the Mountainside offerings.

c. Failure to comply with any restrictions imposed by Mountainside upon Your use of Mountainside Intellectual Property, or failure by You to immediately cease all use of Mountainside Intellectual Property, if so instructed by Mountainside, shall constitute a breach of the Agreement. In such case, Mountainside reserves the right to pursue any and all remedies available to it at law or in equity.

d. Mountainside shall be and remain the sole owner of all right, title and interest in and to the Mountainside Offerings (including, without limitation, all Mountainside Intellectual Property therein) and any other Mountainside Intellectual Property, materials or other properties owned, licensed or controlled by Mountainside, and You hereby assign to Mountainside all right, title and interest You may be deemed to have therein. All rights not specifically granted to You under this Agreement are expressly reserved by Mountainside.

7. Binding Effect: This Agreement shall be binding between You and Mountainside and any respective successors, agents, or assigns. Your enrollment or participation in any interactions with Mountainside or the Programs constitutes your full consent to and acknowledgement of the Agreement.

Contact Us

If you have any questions, concerns or complaints about this Agreement, please contact us: