“TRICH-FREE 7-WEEK CHALLENGE” TERMS OF SERVICE AND COACHING AGREEMENT
THIS “TRICH-FREE 7-WEEK CHALLENGE” SERVICE AGREEMENT (hereinafter “Agreement”) is made effective as of the electronically verified date of this form submission, by and between BrightLife, Inc. (hereinafter “Provider”), a corporation, having a business address of 2010 W. Avenue K, Lancaster, CA 93536, and the Legal Guardian/Responsible Party noted herewith (hereinafter “Participant”), an individual, having the home and/or contact address noted above.
1. Service Overview: This Agreement is in reference to Provider’s “Trich-Free 7-Week Challenge” Group Coaching Program (hereinafter, the “Program”). Upon submission by Participant to Provider of this completed Trich-Free 7-Week Challenge (hereinafter “TF7WC") Service Agreement and Payment Information & Authorization Form, Provider will commence TF7WC Services (collectively, the “Services”) addressing issues, goals and outcomes collectively designated and shared by Participant and by Participant’s assigned Cohort. TF7WC meetings are held at prearranged times as determined by Provider. Services will be comprised of a maximum of six (6) group coaching experiences and access an online shared communications platform (e.g. a private Facebook group) to be determined by Provider.
2. Duration of Services: This Agreement shall remain in force, and Services will be provided, for a period not to exceed seven (7) calendar weeks from the date of Participant’s first Live Group Coaching Session.
3. Structure of Service Delivery: Participant will choose the starting month in which he/she wishes to begin the Program. Participant will join a Cohort of other Group Members and will remain a Member of that particular Cohort for the duration of the Program. A maximum of six (6) group coaching meetings will be conducted with said Cohort over the 60-day duration of this Program. Sessions #1-4 are typically held at regular weekly intervals, while Sessions #5 and 6 and held two weeks after Sessions #4 and 5 respectively. In addition to real-time live group coaching Sessions, Participant will be granted access with other Cohort members to a Private online communications platform (e.g. Facebook) for a period not less than seven (7) calendar weeks from the date of Participant’s first Live Group Coaching Session. Participant understands that said online communications platform may be shared not just by Members of his/her particular Cohort, but all Members of all Cohorts currently in good standing. Participant is not required to join or participate in said online community, but is strongly encouraged to do so.
4. Nature of Services Rendered: For the purposes of this Agreement, TF7WC Coaching Services shall be defined as those activities engaged in by Provider for the purpose of assisting Participant to make that/those emotional and/or behavioral change(s) most likely to lead to Participant’s subjective experience of relief from a pattern of compulsive hair-pulling or related Body-Focused Repetitive Behavior (BRFB). Services will be delivered primarily by way of verbal interaction between Provider, Participant and other Cohort Members, and may include discussion, various mental repatterning and/or conditioning exercises, and suggestions and/or directives designed to positively impact Participant’s lifestyle and perceptions such that they may become more conducive to his/her desired coaching outcome(s).
4a. Exclusions: Consistent with the nature of a Life Skills Coaching relationship, Provider makes no claim(s), promises or agreement to deliver traditional therapeutic, psychotherapeutic, psychological, or psychiatric services commonly performed by appropriately licensed professionals. Participant understands that Provider’s services are limited to helping facilitate relief from context-specific feelings and behaviors that Participant has reported to Provider as troublesome or otherwise limiting. Accordingly, Provider will under no circumstances diagnose, mediate or otherwise treat conditions and/or diagnoses found in any edition of the Diagnostic and Statistical Manual of Mental Disorders (published by the American Psychiatric Association) including, but not limited to, clinical depression, suicidal ideation, and/or other potentially life-threatening conditions.
5. Payment for Services: In exchange for TF7WC Services as described herein, Client will remit to Provider a Service Fee not to exceed $1990.00 (one thousand nine hundred ninety dollars) USD.
5a. Participant may at his or her discretion choose, but is not required, to remit an additional one-time 50% discounted fee of $1200.00 (one thousand two hundred dollars) for one year’s extended access to the shared online communications platform (e.g. Facebook) referenced in Item #3; such extended access shall commence immediately upon the formal conclusion of Participant’s TF7WC Program, and shall remain in place for a period not to exceed one (1) calendar year.
6. Structure of Payment for Services: Participant agrees to remit in full the above-noted Service Fee of $1990 USD plus the aforementioned optional $1200.00 U.S. (per Item 5a above). Without exception, payment in full is remitted at the time of Registration.
7. Commitment and Responsibility: Participant understands that, consistent with the nature of a Life Skills Coaching relationship, Provider cannot and does not accept responsibility for “causing” Participant to create his or her desired goals and/or outcome(s). Accordingly, Participant understands and hereby agrees to Provider's expectation that he or she alone is responsible for fully engaging, to the very best of his/her ability, the exercises, tasks, agreements and other related activities suggested by Provider for the purpose of implementing the life enhancing changes he/she desires.
7a. Participant understands and acknowledges that, as in any professional helping relationship, a Personal or Group Coaching relationship must be recognized as a partnership requiring full, active and complete cooperation on the part of all participants, and requires an acceptance of shared responsibility by all involved in order to maximize Participant’s potential for a successful outcome. Participant further understands that anything less than a 100% commitment to a successful outcome, as evidenced by the degree to which Participant carries out suggested exercises, directives, or other such tasks mutually agreed upon for the purpose of assisting Participant to achieve his/her intended coaching outcome, is likely to compromise or otherwise hinder Participant’s subjective experience of a successful coaching outcome. In such a case, as solely determined by Provider, any suggestions or comments communicated in good faith by Provider to Participant pertaining to expected Participant outcomes, in any form whatsoever, shall be rendered null and void.
8. Video Consent and Release: With my choice to agree to these Terms and Conditions, I hereby grant to BrightLife, Inc., its agents, employees, licensees, and successors in interest (collectively, the “Released Party”) all ownership rights and the absolute and irrevocable right and permission to copyright, use and publish my recorded image and/or voice (the “Image and/or Voice”) that has been, is being or may be obtained pursuant to this Item. My Image and/or Voice may be copyrighted, used and/or published individually or in conjunction with other photography, video works, and recordings, and in any medium (including without limitation, print publications, public broadcast, CD-ROM format) and for any lawful purpose, including without limitation, trade, exhibition, illustration, promotion, publicity, advertising and electronic/digital publication. In freely consenting to these Terms of Service, I hereby represent and warrant that no other party’s authorization or consent is required with respect to the permission granted to the Released Party under these Terms and Conditions. I hereby waive any right that I may have to inspect or approve the Released Party’s use of my Image and/or Voice, or the advertising copy or printed matter that may be used in connection with the use and/or publication of my Image and/or Voice. Further, I hereby release the Released Party (and all persons acting under its permission or authority) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to my Image and/or Voice (collectively, “Claims”). This release includes without limitation any Claims related to blurring, distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur or be produced in the processing or publication of my Image and/or Voice.
9. Participant Decorum: Participant hereby agrees in advance to Provider’s expectations relating to Participant behavior whenever he/she is in the presence, virtual or otherwise, of other Cohort Members. Provider’s expectations pertain both to the live group meeting platform as well as the group inter-meeting support communications platform. Such expectations include, but are not limited by, the following notices. Participants shall not (a) defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others; (b) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information; (c) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents; (d) upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer; (e) impersonate any person or entity, including without limitation any employee or representative of Company; (f) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services; (g) run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure; (h) decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; (i) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; (j) falsify the origin or source of software or other material contained in a file that is uploaded; (k) advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters, or solicit donations; or (l) download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner. Participant hereby expressly acknowledges his/her agreement and understanding that violation of any of these expectations may, at Provider’s sole discretion, be grounds for expulsion from the Program; in such a case, Participant will not be due a refund of any kind.
10. Mutual Nondisclosure: Provider and Participant mutually recognize that they may discuss future plans, business affairs, financial information, job information, goals, personal information, and other private information. Absent a legal requirement to do so, Provider will not communicate Participant’s personal or other information to third parties of any kind. In order to honor and protect Provider’s intellectual property, Participant likewise agrees not to disclose or communicate information about the Provider's practice, materials, or methods to third parties of any kind.
11. Cancellation/Refund Policy: Provider expressly acknowledges Participant’s right to cancel this Agreement at any time up to fourteen (14) days prior to Participant’s first scheduled TF7WC group coaching session. In such a case, Participant will be entitled to receive a refund of any monies paid or prepaid toward tuition for said Program less a $250.00 (two hundred fifty dollars) Cancellation Process Fee. Participant hereby attests to his/her understanding that if this Agreement is not formally canceled using the appropriate means as described herewith by 14 days prior to Participant’s initial TF7WC group coaching session, Participant will be responsible for the full amount of any monies paid or prepaid toward tuition for said Program, and Participant hereby acknowledges that he/she cannot and will not receive a refund of any kind thereafter. Notwithstanding the above, assuming associated Program Registration fees have been fully paid, Participant may instead join any future Cohort scheduled to start within one calendar year of the originally requested starting date. All cancellation notices must be received in writing, either by email, fax, or postal service. In the case of such cancellation, Participant hereby agrees to release to Provider without contest the sum of $250.00 USD.
12. Policies Regarding No Recording: Participant expressly agrees not to share, copy or record by any means whatsoever Provider’s products or services, or interactions of any kind with Participant or the Cohort Group, or give private teleconference bridge numbers or private Group access information to anyone not authorized in writing by Provider; such restriction applies to any and all interactions, whether face-to-face, web-based or telephone conference.
13. Indemnity Clause: Participant hereby expressly agrees now and forever to hold blameless and without fault Robert Mantell, Glei Mantell, Trichotillomania Relief Specialists, BrightLife Phobia and Anxiety Release Center, its parent company BrightLife, Inc., or their agents and/or assigns, for any and all damages Participant may directly or indirectly attribute to Provider’s Services. Further, Participant hereby expressly agrees in advance to waive any and all right to sue in a Court of Law Robert Mantell, Glei Mantell, Trichotillomania Relief Specialists, BrightLife Phobia and Anxiety Release Center, its parent company BrightLife, Inc., or their agents and/or assigns, for any and all damages Participant may directly or indirectly attribute to Provider’s Services.
14. Governing Law: This Agreement shall be construed under the laws of the State of California. Participant hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any actions, suits or proceedings arising out of or relating to this Agreement and the Services and further agrees that service of any process, summons, notice or documents by U.S. Certified Mail to Participant’s address set forth above shall be effective service of process for any action, suit or proceeding arising out of this Agreement. Participant irrevocably and unconditionally waives any objection to the venue of any action, suit or proceeding arising out of this Agreement being in the courts of the State of California or of the United States of America located in the State of California and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action has been brought in an inconvenient forum.
15. Attorney's Fees: In the event Provider retains an attorney to enforce Provider's rights hereunder, Provider shall be entitled to the payment by Participant of its reasonable attorney's fees and costs, whether or not litigation is commenced. This provision shall extend to attorney's fees and costs incurred on appeal or in enforcement of or execution on any judgment or order entered by any court adjudicating rights or remedies created by or arising out of this contractual relationship; to the extent necessary, this provision shall not be merged into but shall survive entry of judgment in any action upon this Agreement.
16. Entire Agreement: This Agreement sets forth the entire understanding of the parties hereto, and shall not be changed or terminated orally. Any other agreements between the parties, expressed or implied, are hereby canceled and of no further force or effect. It is understood and agreed by the parties hereto that there are no verbal or written promises, agreements, stipulations or other representations of any kind or character, express or implied, other than as set forth in writing in this Agreement.
17. Severance and Validity: In the event any provision of this Agreement or any part thereof shall be determined by any court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions hereunder, or parts thereof, shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby, it being agreed that such remaining provisions shall be construed in a manner most closely approximating the intention of the parties with respect to the invalid, void or unenforceable provision or part thereof.
18. Amendment; Assignment: The terms and conditions of the Agreement may not be amended or modified without the express written consent of Provider and any attempt to do so shall be null and void. Participant may not assign his/her rights or delegate his/her duties under this Agreement without the prior written consent of Provider.
I HAVE READ THIS TRICH-FREE 7-WEEK CHALLENGE TERMS OF SERVICE AND COACHING AGREEMENT IN ITS ENTIRETY, INCLUDING THE CANCELLATION POLICY DESCRIBED HEREIN, HAVE BEEN PROVIDED SUFFICIENT TIME TO REVIEW AND FULLY CONSIDER ITS TERMS, AND UNDERSTAND THE TERMS USED IN IT AND THEIR LEGAL SIGNIFICANCE.
By checking the box above, I hereby confirm that I agree and accept without reservation the above-stated Terms and Conditions of this Coaching Agreement.