TERMS AND CONDITIONS

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For The Practice Activator LLC (trading as ‘Well Propelled’)

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Updated September 2021

 

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Please READ carefully, as this pertains to the Agreement of your registration with any of the products and/or services sold (sometimes referred to as Services, Products Coaching, Therapy, Program, Framework, Process, Course) by The Practice Activator, LLC trading as ‘Well Propelled’ (sometimes referred to as “Company”).

 

By purchasing our products and services, you (sometimes referred to as “Client”) agree to the following terms stated.

 

COACHING / THERAPY

 

The Practice Activator, LLC agrees to provide personal and life coaching, to help Clients improve their life. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our products/services.

 

FINANCIAL OBLIGATION

 

Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency. Payments are received via PayPal, Stripe, Visa, and Mastercard.  

If Client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the Client’s credit card or debit card.

 

REFUNDS

 

We DO NOT offer refunds on any of our services/products. 

 

Please note: If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

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When you have purchased a package with a satisfaction guarantee: If you are unsatisfied with your coaching, email hello@wellpropelled within 14 days from the onset of coaching services to advise of this. Coaching will cease and you will receive money back on services that are unrendered once you demonstrate that you have completed homework activities and put in place recommended actions and you have achieved no positive results. 

 

CONFIDENTIALITY

 

The Practice Activator, LLC respects Clients’ privacy and insists that the Client respects ours as well. Thus, consider this a mutual non-disclosure Agreement. Any confidential information shared by The Practice Activator, LLC Participants or any representative of The Practice Activator, LLC is confidential, proprietary, and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum or otherwise.

 

Client agrees not to use such confidential information in any manner other than in discussion with other Clients, or Alexandra, during the respective program. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.

 

Both Parties will keep private information in the strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.

 

Client agrees not to violate the Publicity or Privacy Rights belonging to The Practice Activator, LLC. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.

 

By purchasing our products, you agree that if you violate or display any likelihood of violating this Agreement, The Practice Activator, LLC and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

 

CLIENT RESPONSIBILITY

 

Products developed by The Practice Activator, LLC are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by The Practice Activator, LLC. The Practice Activator, LLC makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by The Practice Activator, LLC and their extent, the results experienced by each Client may significantly vary. Client acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in products developed by The Practice Activator, LLC. The Practice Activator, LLC program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The Practice Activator, LLC assumes no responsibility for errors or omissions that may appear in any program materials.

 

MISCELLANEOUS

 

LIMITATION OF LIABILITY

 

Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

 

NON-DISPARAGEMENT

 

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.

 

INDEMNIFICATION

 

Client shall defend, indemnify, and hold harmless Company, Company’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 offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Client’s payment for the right to participate in The Practice Activator, LLC Programs, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge The Practice Activator, LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.

 

NO TRANSFER OF INTELLECTUAL PROPERTY

 

Company’s Programs are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of The Practice Activator, LLC. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. 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 Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

 

INDEPENDENT CONTRACTOR STATUS

 

Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

 

FORCE MAJEURE

 

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

 

SEVERABILITY/WAIVER

 

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

 

ASSIGNMENT

 

Client may not assign this Agreement without express written consent of the Company.

 

MODIFICATION

 

Company may modify terms of this Agreement at any time. All modifications shall be posted on the Program’s website and purchasers shall be notified.

 

TERMINATION

 

Company is committed to providing all Clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

 

RESOLUTION OF DISPUTES

 

If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

 

EQUITABLE RELIEF

 

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

 

NOTICES

 

Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: hello@wellpropelled.com. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.This Agreement constitutes and contains the entire Agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, Agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America.

 

Coaching Specifics

 

This document gives an overview of the basic processes and protocols underpinning coaching services being offered by Alexandra Whitehead to the Client.

 

Coaching is:

Coaching is a collaborative, goal-directed process. Throughout the working relationship, the coach engages in direct, personal, and often challenging conversations. Successful coaching requires an active collaborative approach between client and coach. The coach plays the role of a facilitator of change; it is the client’s responsibility to enact change.

 

Coaching is not therapy and thus does not aim to treat psychological problems. The client agrees to disclose details of past or present psychological or psychiatric treatment. If such issues become salient during the coaching relationship the coach may recommend referral to an appropriate and qualified specialist.

 

As your executive coach, I can work with you if:

• You have a genuine intent to change and you are ready to work at creating change

• You are ready to receive, accept and act on feedback

• You are honest and forthright in our discussions 

• You complete any between-sessions action learning tasks (homework)

• You inform me promptly if the coaching is not working for you

 

Confidentiality and Ethics:

All information about the coach/client relationship and any written notes will remain confidential, except in rare circumstances where decreed by law. There are some situations in which I am legally obligated to breach confidentiality in order to protect you or others from harm. These situations are quite rare in coaching practices. If such a situation occurs in our relationship, I will make every effort to discuss it with you before taking any action.

 

I work within the Ethical Codes of the Australian Health Practitioner Regulation Agency (AHPRA).  

 

Fee structure:

Your investment for a 50-minute session is outlined in your Coaching Agreement form. This is the current session rate. The rate typically increases annually for everyone by approximately $10 and you will be given 30 days’ notice, via email of the fee adjustment before it occurs. 

 

You may pay at the time of booking, or be sent an invoice after the session, which is due within 5 days of receipt.  

 

Cancelation/Rescheduling:

Please give 48 hours notice if you need to cancel or reschedule your appointment via an email to hello@wellpropelled.com. If you give less than 24 hours’ notice, you will incur a fee, which is outlined in your Coaching Agreement form. 

 

Initial timeframe for coaching:

I suggest that we agree to conduct the coaching over a timeframe outlined in your Coaching Agreement form. You may vary this at any time.

 

Services via video:

No recording of sessions shall occur without each parties explicit consent. 

 

Coaching and Psychological Services:

In addition to being a coach, I am also a registered psychologist in Australia. While there are some similarities between coaching and psychological services, they are very different activities and it is important that you understand the differences between them. Psychological services are a health care service. This is not true for coaching.  

 

The focus of coaching is development and implementation of strategies to reach client-identified goals of enhanced performance and personal satisfaction. Coaching may address specific personal projects, life balance, job performance and satisfaction, or general conditions in the client’s life, business, or profession. Coaching utilizes personal strategic planning, values clarification, brainstorming, motivational counseling, and other counseling techniques.

 

The primary focus of psychological services are identification, diagnosis, and treatment of mental disorders. The goals of psychology include alleviating symptoms, understanding the underlying dynamics which create symptoms, changing dysfunctional behaviors which are the result of these disorders, and developing new strategies for successfully coping with the psychological challenges which we all face.  

 

The relationship between the coach and client is specifically designed to avoid the power differentials that occur in the psychological services relationship. The client sets the agenda and the success of the enterprise depends on the client’s willingness to take risks and try new approaches. The relationship is designed to be more direct and challenging. You can count on your coach to be honest and straightforward, asking powerful questions and using challenging techniques to move you forward.  You are expected to evaluate progress and when coaching is not working as you wish, you should immediately inform me so we can both take steps to correct the problem. 

 

Because of these differences, the roles of coach and psychotherapist are often in potential conflict and I believe that, under most circumstances, it is ethically inappropriate for one to play both roles with a client, whether concurrently or sequentially. This means that if either of us recognizes that you have a problem that would benefit from psychotherapeutic intervention, I will refer you to appropriate resources. In some situations, I may insist that you initiate psychotherapy and that I have access to your psychotherapist as a condition of my continuing as your coach. 

 

It is also important to understand that coaching is a professional relationship. While it may often feel like a close personal relationship, it is not one that can extend beyond professional boundaries both during and after our work together.  Considerable experience shows that when boundaries blur, the hard-won benefits gained from the coaching relationship are endangered.