Terms and conditions
Terms of Service
Last Updated on January, 2022
Purpose of Agreement: The purpose of this Agreement is to develop a coaching relationship between the parties in order to cultivate the Client’s personal and/or professional goals and create a plan to carry out those goals through stimulating and creative interactions with the ultimate result of maximizing the Client’s personal and/or professional potential (“Coaching Services”). For the purposes of this contract, “you” henceforth refers to “the Client”, and “the program” refers to the BODY by Blayann Babes group coaching program designed, curated and hosted by Anne Vänttinen here by recognised as Blayann Babes, CEO of Blayann Babes.
Agreed terms
TERMS OF ENGAGEMENT
1.1. You are engaging me as a Lifestyle and Mindset Coach to provide coaching services based on the terms of this agreement.
1.2. This contract between will commence on the date you sign this
agreement and will continue for a duration of the length of the coaching program, unless
terminated by either of us giving 2 weeks notice to the other in writing to
the relevant address set out above.
1.3. Should you decide to terminate the contract, all sums payable under this
agreement shall become due immediately. Refunds do not apply.
1.4 Should you decide to pay via payment plan, the initial payment is non-refundable and secures your coaching contract at the agreed-upon price, even if the cost of the program has increased at which time your coaching commences.
2. SERVICES
During the term of our coaching agreement, you will be provided with / have access to the following:
Orientation workbook materials
A total of 4 coaching videos.
Accompanying materials such as workbooks, meditations and/or other tools deemed valuable and necessary by the Coach.
3. DUTIES OF COACH
3.1. I shall provide the Services with due care, skill and ability.
3.2. Other than as set out in Clause 3.1 above, warranties and
representations are excluded to the fullest extent permitted by law. Due to
the nature of coaching, I do not guarantee any particular results.
4. FEES
4.1. Any fees, deposits and costs of this coaching program are non-refundable.
4.2. If you choose a Payment Plan, your payment will be automatically deducted from your credit card or payment method per the schedule outlined in 4.2. Should you need to update or otherwise change your credit card information, you must do so within 48 hours.
4.4. Without prejudice to any other right or remedy that I may have, if you fail
to remit payment on the due date stated above in clause 4.2, I may charge interest on such sum from the due date for the payment at the annual rate of 4% and you shall pay the interest immediately on demand; all Services will be suspended until payment has been made in full.
4.5. All sums payable under this agreement shall become due immediately on
termination of this agreement, despite any other provisions.
5. COACH-CLIENT RELATIONSHIP
A life and/or empowerment coaching relationship is a partnership between two or more individuals or entities. This relationship is not a legal partnership, instead more that of a teacher-student or coach-athlete relationship. Each party must uphold their obligations in order for the coaching relationship to be successful.
5.1. The Coach agrees to maintain the ethics and standards of behaviour established by the International Coach Federation (IFC), an internationally recognized standard for coaching.
5.2. You agree to communicate honestly, to be open to feedback and suggestions, and to fully engage and devote yourself to the coaching process.
5.3. You acknowledge and agree that coaching is a comprehensive process that may explore different areas of your life, including work, finances, health and relationships, but it is ultimately the your decision how you choose to incorporate the coaching into each aspect of your life.
5.4. You are solely responsible for implementing the techniques discovered through coaching.
6. CONFIDENTIALITY
This coaching relationship, as well as all information (physical or verbal) that you, the Client, share with myself, your Coach, as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. BE ADVISED: the Coach-Client relationship is not a relationship protected by legal confidentiality (like doctor-patient or attorney-client). As such, the Coach could be required to divulge otherwise confidential information to authorities.
6.1. As your Coach, I acknowledge that in the course of providing the Services I will have access to Confidential Information.
6.2. I agree not to (except in the proper course of my duties) use or disclose to
any third party any Confidential Information. This restriction does not apply
to:
6.2.1. any use or disclosure authorized by you or required by law;
6.2.2. by any use or disclosure which I, in my absolute discretion, consider
necessary or advisable in order to prevent illegal acts or harm to
yourself or to others; or
6.2.3. any information which is already in, or comes into, the public
domain otherwise than through by unauthorized disclosure.
6.3. As is good practice in coaching, I undertake coaching and am part of
supervision groups. You agree that I may disclose any issues which arise
out of the Sessions with my own coach, supervisor and/or supervision
group but I agree only to disclose such issues on a general basis and
without disclosing your name.
6.4. You may disclose to third parties such information about the Sessions as
you wish.
7. DATA PROTECTION AND INTELLECTUAL PROPERTY
7.1. You acknowledge and agree that your personal data will be processed by
and on behalf of me as part of me providing you with the Services.
7.2. I am the owner or the licensee of all Intellectual Property Rights and all
other rights in the materials and content that I use within the Sessions and
nothing in this agreement or otherwise shall operate to transfer the
ownership of the Intellectual Property Rights in such material or content to
you or any other person.
7.3. You may not at any time copy, reproduce, publish in any form, share, sell,
dispose of or otherwise make available to a third party in any way of the
content or materials that I use in the Sessions.
7.4. I grant to you a limited, non exclusive, non transferable, non sub-licensable
revocable license to use all of or any of the content or material used in the
Sessions for the purposes for which the Sessions were provided only.
7.5. You may not without my prior written consent make any audio or visual
recordings of all or any part of our Sessions.
8. OBLIGATIONS ON TERMINATION & CANCELLATION
8.1. If either of us give notice to terminate this agreement pursuant to clause
1.2, then on or before the date of termination of this agreement, you shall
immediately pay any unpaid fees or other sums payable under this
agreement.
8.2. Termination of this agreement shall not affect the accrued rights,
remedies, obligations and liabilities of either of us at the date of
termination of this agreement, including the right to which existed at or
before the date of termination.
8.3. Clauses which expressly or by implication have effect after termination
shall continue in full force and effect after the date of termination of this
agreement, including the following clauses: clause 6 (Confidentiality), clause 10 (Limitation on liability) and clause 16 (Governing
law and jurisdiction).
9. STATUS
9.1. The relationship between us will be that of independent contractor and
nothing in this agreement shall render me your employee, agent or partner.
10. LIMITATION ON LIABILITY
10.1. Nothing in this clause shall limit my liability for death or personal injury
caused by my negligence or for my fraud or fraudulent misrepresentation
or for any matter for which liability cannot be legally excluded or limited.
10.2. I shall not be liable for any loss of profits, loss of business, depletion of
goodwill and/or similar losses, loss of anticipated savings, loss of goods,
loss of contract, loss of corruption of data or information or any special,
indirect, consequential or pure economic loss, cost, damages, charges or
expenses suffered or incurred by you as a result of you entering into this
agreement and me providing the Services.
10.3. My total liability in contract, tort (including negligence or breach of
statutory duty), misrepresentation, restitution or otherwise arising in
connection with the performance or contemplated performance of this
agreement shall in all circumstances be limited to the total price paid by
you for the Sessions.
10.4. If I am prevented from or delayed in performing my obligations by your act
or omission or by any circumstance outside of my control, I shall not be
liable to you for any costs, charges or losses sustained or incurred by you
that arise directly or indirectly from such prevention or delay.
10.5. The provisions of this clause 10 shall survive termination of this agreement.
10.6. 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. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date. Client agrees that the Coach is not liable or responsible for any actions or inactions, or for any direct or indirect result of any services provided by the Coach.
10.7. DISCLAIMER
I am NOT a doctor, nutritionist, dietitian or a registered dietician. The information I provide is based on my personal experience and studies. Before starting any new diet and exercise program please check with your doctor and clear any exercise and/or diet changes with them before beginning. We do not claim to help cure any condition or disease. We do not provide medical aid or nutrition advice for the purpose of health or disease nor do we claim to be doctors or dietitians.
Any recommendations I may make about training, nutrition, supplements or lifestyle, or information provided to you in person or on this website should be discussed between you and your doctor. The information you receive in our emails, programs, services and products do not take the place of professional medical advice.
We expressly disclaim responsibility to any person or entity for any liability, loss, or damage caused or alleged to be caused directly or indirectly as a result of the use, application or interpretation of any material provided to you as the client.
We cannot and do not guarantee that you will attain a specific or particular result, and you accept the risk that results differ for each individual. The health, fitness, and nutrition success depends on each individual’s background, dedication, desire, and motivation. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.
11. ENTIRE AGREEMENT
11.1 This document reflects the entire agreement between the Coach 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 Coach and the Client.
12. DISPUTE RESOLUTION & LEGAL FEES
12.1. In the event of a dispute arising out of this Agreement that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorney’s fees.
12.2. This Agreement is legally and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in Canada, the United States, throughout Europe and Asia. The Parties each represent that they have the authority to enter into this Agreement.
13. SEVERABILITY
13.1. 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 enforceable, 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.
14. WAIVER
14.1. 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.
15. APPLICABLE LAW
15.1. This Agreement shall be governed and construed in accordance with the laws of the state where both Parties reside, without giving effect to any conflicts of laws provisions. If the Parties reside in different Countries and/or states, this Agreement shall be governed and construed in accordance with the laws of Finland, without giving effect to any conflicts of laws provisions.
Blayann Babes
CEO and FOUNDER of Blayann Babes.
Copyright 2022 - Blayann Babes - All Rights Reserved
ANY EARNINGS OR INCOME STATEMENTS, LIFESTYLE OUTCOMES, TESTIMONIALS OR EXAMPLES SHOWN THROUGH OUR WEBSITE ARE ONLY ESTIMATES OF WHAT MIGHT BE POSSIBLE NOW OR IN THE FUTURE. THERE CAN BE NO ASSURANCE AS TO ANY PARTICULAR FINANCIAL OR SUCCESS-BASED OUTCOME BASED ON THE USE OF OUR WEBSITE AND/OR THESE SERVICES DESCRIBED HEREIN. YOU AGREE THAT NEITHER I, BLAYANN BABES, NOR ANY OF MY AFFILIATES, ARE RESPONSIBLE FOR YOUR EARNINGS, THE SUCCESS OR FAILURE OF YOUR PERSONAL OR BUSINESS DECISIONS, THE INCREASE OR DECREASE OF YOUR FINANCES OR INCOME LEVEL, OR ANY OTHER RESULT OF ANY KIND THAT YOU MAY HAVE AS A RESULT OF INFORMATION PRESENTED TO YOU THROUGH OUR WEBSITE. BLAYANN BABES ACCEPTS NO RESPONSIBILITY FOR ANY ACTIONS YOU TAKE, OR DON'T TAKE, AS A RESULT OF YOUR PURCHASES MADE WITH BLAYANN BABES. YOU ACCEPT SOLE RESPONSIBILITY FOR ALL DECISIONS YOU MAY MAKE.