eLife Enterprises, llc. Coaching Agreement & Terms

Important before you participate, access or use any of the eLife! Enterprises proprietary coaching content and materials (including member groups, presentations, online, audio or visual presentations) or other related programs, read this agreement carefully. 

1.  Representations and Warranties

By registering, accessing or using any Lori C. Ebert, and/or eLife Enterprises, llc services, coaching or program(s) Client warrants that (a) Client is legally capable of entering into binding contracts; and (b) Client is at least 18 years old; and (c) that all information Client provides Coach with is materially true and accurate at all times and not misleading in any way; and (d) Client agrees to our Terms and Privacy Policy. These representations and warranties shall survive this Agreement.

If you do not agree, understand or accept this agreement please do not participate in any coaching, access or use any eLife! Enterprises, llc materials, group areas and/or programs associated with eLife! Enterprises, llc.

In consideration of participating in any way in coaching, programs, events or activities with Lori C. Ebert and/or eLife Enterprises, llc DBA Sextacular®; and by clicking “I Agree”, emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, in the programs, you (“Client”) are entering into a legally binding agreement with Lori C Ebert, and/or eLife Enterprises, llc. (“Company”), collectively referred to as the “Parties” hereby acknowledge, understand and expressly agree as to the following:

WHEREAS, eLife! Enterprises, llc. is engaged in the business of coaching services: and WHEREAS, you the CLIENT desire to engage eLife! Enterprises, llc to provide personal coaching services in the form of periodic personal coaching and evaluation, webinars, audio and/or visual presentations.

NOW, THEREFORE, the Parties agree as follows:

2. Coaching Services

• Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services related to instruction on topics of health education, relationships and sexual wellness motivational coaching and healing modalities. The scope of services rendered by Coach(es) pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program. Company reserves the right to substitute services equal too or comparable to the Program for Client if the need arises.

• Client understands that “coaching” requires a mutual relationship Client has with eLife! Enterprises, llc coach(es) which is designed to facilitate the creation of personal, professional, or well-being goals and to develop and carry out a plan for achieving those goals. 

• Client understands that a relationship with Coach(es) does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate agreement will be entered into.

3. Program Details

• See Company’s website HERE for most recent and updated details.
• For hourly programs,  Client has a total of maximum of 12 months OR actual numbers of hours purchased, from date of purchase to complete sessions before all sessions expire unless express written permission is given to Client by Coach(es).
• For the yearly programs, Client has a total of maximum 12 months from date of purchase to complete the sessions before sessions expire unless express written permission is given to Client by Coach(es).
• The individual sessions expire after one year unless express written permission by Coach(es) is given to Client.
• Client endeavors to complete the Program in the original timeframe outlined for each Program.
• Installment Payments are not affected by completion times and need to be paid on a monthly basis until full payment is completed whether or not all sessions have already been used.
• In the case of an unforeseen gap in services from severe health emergency, illness, death of immediate family member or natural disaster, any unused hourly sessions or months can be frozen up to 6 months with written consent from Coach(es); and banked for 1 year after last coaching session.  After this time unused sessions or time will expire whether or not all sessions or time have already been used.

4. Program Delivery & Scheduling

• Client are responsible to book sessions using the software Acuity Scheduling primarily via website, text or email links.

• Sessions are primarily held via Zoom, FaceTime, Skype, or in-person with previous approval (to be determined on a case by case basis).

• Client can book sessions up to 48 hours before the start of each session up to 21 days in advance.  Special requests for emergent sessions can be made via text message directly to the Coach but are not guaranteed.

• Client has the possibility to reschedule times or dates themselves up to 24 hours before the start of each session.
• In programs that allow direct communication with Coach(es), Clients have permission to text, voice text, leave voice mails or emails.  It is recommended but not required the Client utilize the video messaging program Marco Polo to leave messages and for coaching outside of scheduled sessions. 

5.  Appointment Cancellations

• Clients agree to give Coach(es) 24 hours cancellation notice (acceptable by text) so Company can fit in another client to prevent $50 cancellation fees.  Confirmation of cancellation must to be provided by scheduling system or via text to Coach(es) with reply of acceptance prior to appointment in order to be deemed “cancelled”.

• Clients that cancel scheduled sessions less than 24 hours before the commencement of the session agree to pay a $50 cancellation fee automatically charged to card on file. 

• For clients who do not show up or do not cancel appointments in less than a 24 hour time period from session time; one session will be taken off pre paid hourly programs and one scheduling week taken off for yearly programs in addition to cancellation fees.

• Coach(es) reserves the right to not offer a replacement session if Client cancels less than 24 hours before the commencement of a session. 
• If 3 or more sessions are cancelled less than 24 hours before the commencement of sessions, Coach(es) reserves the right to terminate this agreement without refunds.

5a.  Cancellation Policy for Sextacular® School & Events

1) Early Cancel: Clients can cancel up to 24 hours before the start of a in-person class/event and get fully reimbursed (or can use that payment for a future class). For Zoom classes all sales are final.

2) Late Cancel: If a Client cancels less than 24 hours prior to their class/event, there is no refund. Please let us know in advance so your space can be given to someone on the waiting list. For Zoom classes all sales are final.

3) No Show: For in-person and Zoom classes. If a client doesn’t show up or doesn’t cancel ahead of time, there is no refund. For in-person classes, please try to warn Coach(es) ahead of time so we can give the space to someone on the waiting list.

We understand that emergencies happen and will take them into consideration if such circumstances arise. Lori C. Ebert, or eLife Enterprises, llc reserves the right to cancel the session or class ahead of time if an emergency arises.

6. Agreements of Basic Tenets of the Coaching Relationship

Coach(es) Responsibility:

• Behave professionally, courteously and respectful to Client at all times.
• Be on time and fully prepared for the Coaching call, class, event, workshop or retreat.  
• Be in communication with Client via text if sessions are running behind.
• Be both mentally and energetically fully available.
• Serve as accountability partner and behavior change motivator.
• Offer honest, real but loving feedback.
• Be open and approachable and create comfortable space for clients to share what works and doesn’t work in coaching for them and modify as needed.
• Make referrals to other health professionals when and where appropriate.
• Offer intuitive guidance, clairvoyant insights, spiritual teachings, energetic techniques and expert guidance.
• Motivate, inspire and encourage Client to reach for their best self.
• Hold a loving and safe space for Client to express and process emotions.

Client’s Responsibility:

• Behave professionally, courteously and respectful to Coach(es) at all times.
• To be in communication and full disclosure with the Coach(es) at Company to ensure the best relational rapport and outcomes as possible.
• Show up on time, without distractions, driving or drinking alcohol or on substances for coaching sessions.
• Be open, coachable and willing to to explore new ways of thinking or being.
• Come to each call or session with clarity about
  1. The goal and main focus for the session
  2. How Coach(es) can best serve Client
• Take inspired action that Coach(es) & Client jointly decide upon during coaching calls/sessions
• Complete all assignments, readings and activities given by the Coach(es) to achieve desired outcomes.
• Keep a positive focus and outlook for time it takes to modify behaviors.
• Give your best effort before, during and after the session or program.
• Take 100 % responsibility for your own success
• Hold no expectations to make up a call or session if Client does not cancel within the stipulated 24 hours before the start of the call/session
• Make all payments as agreed and honor Company policies & Coach(es) recommendations.

7. Access to Material

• Client may not record personal sessions or group event for their own personal use without permission of the Coach(es) or Company.  Violation of this can result in  automatic and immediate termination from all services, programs or events.

8. Confidentiality

• Client understands that information will be held as confidential unless Client states otherwise (such as testimonials or anonymous examples); except as required by law. Client understands that certain topics may be anonymously shared with other life-coaching professionals for training OR consultation purposes to benefit your success in the Program(s). 

• Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client (or parent/guardian if the client is under 18). The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

9. Compensation

• By accepting the terms of this Agreement, Client agrees and understand they are committing to pay eLife! Enterprises, llc the agreed upon package or subscription rate discussed in Client Breakthrough calls or thereafter.

• Client has the option of paying either in full as an upfront payment or in monthly installments as outlined on the website sales page, email offer or per agreement between both Parties. Client agrees to pay the due amount in FULL prior to or on day of first session; or engage in a payment plan and effect the first down-payment on day of first session and will duly pay any further installments without fail. Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client.

• Client understands payment agreements will be automatically charged at the agreed upon time frames. If payment is declined it will automatically be attempted two more times. If declined on final attempt scheduling ability will be suspended.

10. Refunds

• As a live ongoing Program where the Client receives personalized attention throughout, there are no refunds offered under any circumstance. All sales are final unless requested in writing within 72 hours of initial payment and prior to services being rendered.

• By accepting the terms of this Agreement, Client agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by eLife, Enterprises, llc. Client agree to these terms even if you choose to stop participating, end or complete the Program(s) early.  It is recommended that Client reaches out to Coach with any questions before signing up to make sure Client fully understands the scope and content of the Program.

11. Chargebacks and Payment Security

• By accepting To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. 

• Client shall not make any charge backs to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. 

• Client shall not change any of the credit card information provided to Company without notifying Company in advance.

12.  Health Disclaimer

• Client understands that life coaching is not “therapy” and does not treat mental disorders as defined by the American Psychiatric Association. Client understand that life coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and Client will not use it in place of any these services. Professional referrals for other services will be provided if deemed necessary by eLife, Enterprises, llc coach(es).

• Client understands that Lori C. Ebert or eLife Enterprises, llc coach(es) do not diagnose, prescribe or treat any physical or psychological symptoms, nor recommend any course of “therapy”.

• Client agree that if currently in therapy, counseling, or otherwise under the care of a mental health professional, that Client has consulted with this person regarding the advisability of working with a eLife, Enterprises, llc Coach(es) and that this person is aware of Client decision to proceed coaching and Program(s).

• Client agrees to share all relevant health information with Coach(es) to make the coaching effective, including any psychiatric diagnoses or medical conditions to ensure the Clients well-being during the program.

13. Disclaimer of Guarantee

• Client accepts and agrees that she/he is 100% responsible for her/ his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.

• Client understands Coach is not an agent, doctor, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy; and may address overall goals, specific projects, or general conditions in Client’s life or profession. Coaching services may include health education behavioral tools, guidance, mentorship, setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, asking clarifying questions. Intuitive or energy healing services may include techniques to enhance intellectual, spiritual, emotional, mental and energetic, and physical wellness goals.

• Client takes full responsibility for Clients own success, and acknowledge everyone’s success varies and depends on your dedication, personal drive and motivation. Examples or testimonials are shared to inspire You and are not meant as a promise or guarantee of results. Please be aware you may experience health, relationship and life changes while participating in the Program(s). Client understands there is an inherent risk for these changes as with any type of service sought to improve Clients life.

• Client understands that when Coach participates in any sessions with the Client in person, Client shall indemnify and hold harmless Coach of any and all liability of claims made by the Client or third parties. Furthermore, it is also agreed that if Coach is required to host events with several clients at any private or public location, Client shall secure event liability disclaimers relieving Coach of any liability associated with the Coach’s services at the location.
• Coach makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Client accepts that, because of the nature of Coach’s services and extent of clients’ participation in Coach’s exercise(s)/recommendation(s), the results experienced by clients significantly vary. Client accepts responsibility for such variance. Coach and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.

14. No Resale of Services Permitted

• Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.

15. No Transfer of Intellectual Property

• Client understands Company’s copyrighted and original materials are provided to the Client for his/her 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. 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 Company’s copyrighted course materials, handouts, audio files shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.

16. Prorated Reimbursement in the Case of Death or Illness

• In the unlikely event of the death of Company Coach(es) during the first 6 months of a yearly program or half of hourly session times, that prevents Company from continuing to offer the Program; a Client can request in writing to the Company for a prorated refund for the remaining sessions or months of the Program. 
• In the case of Coach(es) untimely illness, the Program can be suspended for up to and including 3 months. If after 3 months the Program is not resumed by Coach due to illness, Client can make written request to Company for a pro-rated refund for the remaining months of the program should they choose to discontinue services. 

17. Force Majeure

• Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

18. Survivability

• The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

19. Severability

• In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.
• In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

20. Controlling Agreement

• In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Coach(es), Coach(es) representatives, or employees, the provisions in this Agreement shall be controlling.

21. Choice of Law/Venue

• This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, USA without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of Arizona, USA. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.

22.  Limited Liability

• Limited Liability: In no event will eLife! Enterprises, llc be liable to Client or any party related to you for any damages, including damages for loss of mental health, business or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if eLife! Enterprises, llc has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

23. Entire Agreement

• This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.

24. Statement of Agreement

• Upon execution by clicking “I agree,” or emailing a statement of agreement, or signing below, or on the reverse of this document or writing your full name on the payment booking page, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement or clicking of “I agree,” shall constitute a legal and binding instrument with the same effect as an originally signed copy.