Terms of Use
Your use of this Web site is subject to the terms and conditions set out below. Your accessing and use of the site and its contents constituted your agreement to these terms and conditions. The appearance, design, content and graphics of this Web site are the property of Highwire Coaching, a DBA of Sucker Punch Life LLC, and are protected by applicable copyright laws and may not be copied, used, reproduced, altered, distributed, or transmitted in whole or in part without the express written consent of Sucker Punch Life LLC which reserves all rights. Re-use of any of the content or graphics in any medium, electronic or otherwise, for any purpose is strictly prohibited. Any unauthorized use of the text, images, audio, video, and programming code may violate copyright, trademark, privacy and publicity laws and other civil and criminal statutes of the United States and other countries. Links to this Web site may not be made without the express written permission of Sucker Punch Life. Please direct your request for such links to office@suckerpunchlife.com. The “Highwire Coaching”, “Sucker Punch Life” and other Department, Product and/or Enterprise names and logos are copyrights and/or trademarks of Sucker Punch Life LLC. All other copyrights, trademarks or service marks used or referred to on this Web site are the property of their respective owners. Nothing contained on this Web site should be construed as granting, expressly or by implication, estoppel, or otherwise, any license or right of use of any copyright, trademark or service mark displayed on the Web site without the written permission of Sucker Punch Life LLC or such third-party owners. The information on this site is provided solely for general illustrative and instructional purposes only, and does not create a business or professional services relationship unless otherwise expressly stated. Sucker Punch Life LLC makes no representation or warranty concerning the content or suitability of the information on this Web site for any purpose.
The articles, information and works provided in this Web site are provided “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Sucker Punch Life LLC may change the information in this Web site at any time without notice. Sucker Punch Life LLC assumes no liability for the use or interpretation of information contained herein. Decisions based on data or information are the responsibility of the visitor to this Web site. Any Sucker Punch Life LLC publication contained in or referenced is based upon information which we believe to be reliable, but may include factual inaccuracies, technical inaccuracies or typographical errors. Changes may be periodically made to these publications; these changes will be incorporated in new editions of these publications. Sucker Punch Life LLC may make improvements or changes in the products or the programs described in these publications at any time without notice. This site contains links to Web sites and/or servers maintained by other organizations. Sucker Punch Life LLC cannot and does not make, and expressly disclaims, any and all warranties concerning the accuracy or source of information found or accessed through this site or the content of any file that you might choose to download from a third-party Web site. When you use any of these links to access another Web site, you are leaving the Sucker Punch Life and Highwire Coaching Web site and any representations of undertakings made by Sucker Punch Life and Highwire Coaching cease to apply to your online session. Sucker Punch Life LLC assumes no responsibility, and shall not be liable for, any direct, indirect, special, incidental or consequential damages to, or viruses that may infect, user’s computer or other property on account of user’s access to, use of, or browsing in the linked Web site or user’s downloading of any materials, data, text, images, video, or audio from the linked Web site. This includes but is not limited to the loss of data or loss of profit, even if Sucker Punch Life LLC was advised of the possibility of such damages. Sucker Punch Life LLC reserves the right to modify or amend these terms and conditions at any time and for any reason. Any changes to these terms and conditions apply as soon as they are posted on this Web site. By continuing to use the Web site after any changes are posted, user acknowledges acceptance of those changes.
Jurisdiction And Applicable Laws
The posting of this Web site on the World Wide Web by Highwire Coaching and Sucker Punch Life LLC is a passive activity in itself. Access to this Web site by persons in any jurisdiction does not imply that Sucker Punch Life LLC and its DBA Highwire Coaching intends to purposely avail itself of the privilege of conducting activities within such jurisdiction, nor does it imply that Sucker Punch Life invokes the benefits and protections of the law of such jurisdiction. This Web site was developed in the United States of America in accordance with its laws. Your browsing in and use of the Web site shall be deemed acceptance of the laws of the United States of America. Notwithstanding the foregoing, this Web site may be reviewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Sucker Punch Life LLC and Highwire Coaching intends to make such products and services available in such countries.
COACHING AGREEMENT TERMS AND CONDITIONS
Description of Coaching: Coaching is partnership (defined as an alliance, not a legal business partnership) between Highwire Coaching, a DBA of Sucker Punch Life LLC (the “Company”), and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional and/or business goals and to develop and carry out a strategy/plan for achieving those goals.
1) Coach-Client Relationship
A. Company agrees to maintain the ethics and standards of behavior established by the International Coaching Federation (ICF) as noted at Coachfederation.org/ethics. It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior.
B. 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 Company. As such, the Client agrees that the Company 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 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. Client acknowledges that Company and its employees, owners, and partners do not provide medical services, therapy, psychotherapy, psychiatric services, or psychological services.
C. Client further acknowledges that he/she may terminate or discontinue coaching at any time per the terms of this Agreement.
D. 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. Client acknowledges that coaching should not be treated as a substitute for professional advice by legal, mental, medical, financial, or other qualified professionals.
E. 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. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Company.
F. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
2) Services
The parties agree to engage in a Coaching Engagement of a duration specified in the Agreement, through Zoom video meetings or phone calls or in person. Each session will be approximately 45-60 minutes in length. Company will also be available to Client by email, text SMS messages, and voicemail in between scheduled meetings as defined by the Company. Company may also be available for additional time, per Client’s request, at the agreed upon session rate (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours).
3) Schedule and Fees
This coaching Agreement is valid as of the date of the signing of the document. The fee will be as specified in the Agreement. Each coaching session will be approximately 45-60 minutes in length. Fee to be paid in full in advance or incrementally, as specified in the Agreement.
To the extent that Client provides Company with Credit Card information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card for any unpaid fees and additional services requested, and is not required to obtain separate authorization in order to do so. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.
The refund policy in effect for the term of this Agreement is as follows: Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee, regardless of whether Client completes the full extent of services offered by Company. In the event that Client terminates services prior to the completion of the services, Client shall be responsible for all payments. All payments shall be collectable and non-refundable except as provided herein or exceptions granted at Company’s discretion.
4) Procedure
The time of the coaching meetings and/or location will be determined by Company and Client based on a mutually agreed upon time. The Company will initiate all scheduled phone calls. The Company will initiate all scheduled Zoom video calls by sharing a meeting room ID and with the Client. If any changes are necessary, Company will contact Client with updated information.
5) Confidentiality
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Company as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Company agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Company will not disclose the Client’s name as a reference without the Client’s consent.
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 without use of or reference to the Client’s confidential information; or (e) the Company is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Company and as a result of such disclosure the Company 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 Company in a timely manner.
6) No Resale of Services Or Content Permitted
Client agrees not to reproduce, duplicate, copy, sell, trade, resell, share or exploit for any commercial purposes, or any purposes, any portion of the content provided by the Company (including but not limited to written material, books, articles, videos, audio recordings, presentations, discussions, conversations, and other materials).
7) No Transfer of Intellectual Property
Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including but not limited to Company’s copyrighted books, videos, audio recordings. and course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
8) Release of Information
The Company engages in training and continuing education pursuing and/or maintaining International Company Federation (ICF) Credentials. That process requires the names and contact information of all Clients for possible verification by ICF. By signing this Agreement, you agree to have your name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared for this purpose.
9) Professional Development
According to the ethics of our profession, topics of coaching conversations and correspondence may be anonymously or hypothetically shared with other coaching professionals for training, mentoring, evaluation, and coach professional development purposes.
The parties to this Agreement acknowledge and agree that the Coach is or may be engaged in training and continuing education pursuing and/or maintaining ICF credentials. That process requires the disclosure to ICF the Client name, contact information, start date, and end date of the coaching services.
10) Session Cancellation Policy
Client agrees it is the Client's responsibility to notify the Company of cancellation or postponement of a coaching session more than 24 hours in advance of the scheduled coaching session to avoid it counting toward the purchased sessions. Company reserves the right to bill Client for a missed session.
11) Record Retention Policy
The Client acknowledges that the Company has disclosed his intention to retain records, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Company in digital format for a period of 1 year or more.
12) Termination
Either the Client or the Company may terminate this Agreement at any time with 30 days written notice. Client agrees to compensate the Company for all coaching services specified in this Agreement.
13) Limited Liability
Except as expressly provided in this Agreement, the Company 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 Company be liable to the Client for any direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Service. Client agrees that use of this service is at user’s own risk. Notwithstanding any damages that the Client may incur, the Company’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the lesser of (a) the total fees Client paid to Company in the 12 months prior to the action giving rise to the liability, and (b) $100. All claims against Company must be lodged with the entity having jurisdiction within 100-day of the date of the first claim or otherwise be forfeited forever.
14) Indemnification
Client shall defend, indemnify, and hold harmless Company, Sucker Punch Life LLC, and its owners, employees, statutory agents, shareholders, trustees, affiliates, partners, 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 coaching, consulting, training, educational programs, books, articles, tools, distinctions, publications, websites, emails, and other product(s) or service(s) or material(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, Sucker Punch Life LLC, or its owners, employees, statutory agents, shareholders, trustees, affiliates, partners, and successors. Client shall defend Company and its owners, employees, statutory agents, shareholders, trustees, affiliates, partners, and successors in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s employees, owners, statutory agents, shareholders, trustees, affiliates, partners, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
15) Entire Agreement
The document reflects the entire Agreement between the Company 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 amended, altered or supplemented except in writing signed by both the Company and the Client.
16) Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Company agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
17) 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.
18) 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.
19) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of Arizona, without giving effect to any conflicts of laws provisions.
20) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
21) Other Agreements
Upon execution of This Agreement by signing below, Company and Client agree that any individual, firm, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, companies, heirs, assigns, designees or consultants of which the signee is an owner, officer, employee, heir, successor, assign or designee is bound by the terms of this Agreement.