LEFOREST WELLNESS LLC TERMS OF COACHING AND SERVICE AGREEMENT

By purchasing one of more coaching sessions you are agreeing to the Terms below. This agreement takes immediate effect upon payment.

Nervous System Recovery Coaching Services, LEFOREST WELLNESS LLC

By clicking “Buy Now,” “Purchase,” “Submit,” “Schedule,” or any other phrase on the purchase button, entering your credit card information, completing a bank transfer or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Elizabeth LeForest (“Coach”), acting on behalf of LeForest Wellness LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

1. TERMS. Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the Nervous System Recovery Coaching (“Services”).

• 1. The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website https://go.elizabethleforest.com/sessions as part of the Services.
  
• 2. Coach reserves the right to substitute services equal to or comparable to the Services for Client if reasonably required by the prevailing circumstances.
  
• 3. Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.
  
• 4. The content included in the Services is for your individual, non-commercial use. Client agrees not to share login details and/or Services materials with any third parties.
  
• 5. Coach reserves the right to end Services at any time for any reason.
  
• 6. The Services includes the following:
  • – Live individual sessions as applicable to Services level purchased
  • – Content that includes videos, embodiment meditations and other materials that support clients progress and results in the Services
    
• 7. Please note: schedule of Services is subject to change throughout the Services. Any changes to the live call schedule will be communicated with the Client ahead of the changes taking place.

2. METHODOLOGY. Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Services. Coach may revise methods or parts of the Services based on the needs of the Client.

3. DISCLAIMERS. By participating in the Services, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Services is in no way to be construed or substituted as psychological counseling or any other type of therapy or professional advice.

The Coach may provide the Client with information relating to products and other services that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.

The Coach may provide Client with third-party recommendations for related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials, earnings, or examples shown through Coach’s website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s Services, and/or courses. Client acknowledges that Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Coach’s website, products or services.

4. PAYMENT AND REFUND POLICY.

Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount when scheduling each session or when purchasing a package of sessions.

1. Coach offers a refund for cancellation or rescheduling until 48 hours prior to the start of scheduled Services. After that point, there is no refund available and 100% of the cost of services is forfeit. It is up to the Coach’s discretion to make exceptions in extenuating circumstances.
   
2. If a payment plan option is available and Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
   
3. Client understands that they are entering into a financial agreement to complete all payment plan installments based on the payment plan selected at checkout.
   
4. Client understands that payment installments are to be made on the payment due date
   
5. Any changes to payment plan installments must be requested at least 2 business days before the payment due date.
   
6. Client understands that all payment amounts are listed in USD.
   
7. Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Coach will charge the credit card or process any bank transfers chosen by the Client.
   
8. In the event Client fails to make any of the payments within a payment plan during the time prescribed, the payment will automatically be retried for 7 days. If the payment has still not been processed at the end of the recharge attempts the payment will be deemed as ‘Defaulted’.
   

• 1. If Client defaults on payment installment on any given month and does not reconcile the defaulted payment installment or make alternate arrangements agreed upon with the Coach within 3 weeks of the original payment due date, there will be an additional $150 administrative fee added to the defaulted monthly payment installment amount. Please note: the $150 administrative fee will be incurred and added to each defaulted payment installment that is not reconciled within 3 weeks of the original payment date.
  
• 2. Coach has the right to immediately disallow participation by Client until the defaulted payment is paid in full and the Client account is back in good standing, including disallowing access to modules, materials, and coaching calls. If Client has not paid within twenty-one (21) days of the initial payment due date, Services access will be paused until the account is back in good standing and the Coach has the right to terminate agreement.
  
• 3. If Client defaults on a payment and Client ceases communications or does not come to an agreed-upon alternate arrangement to a buy out of Terms Agreement the Client account will be forwarded to collections after a period of 40 days without communication or an agreed upon alternate arrangement.

5. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of these Services, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Services, without refund, if you are caught violating this intellectual property policy.

6. RECORDING OF CALLS. Client acknowledges that coaching sessions and/or calls may be recorded for Coach’s own use, to track progress, and continue improving services. 

7. RELEASE. Client agrees and understands that by participating in the Services, Client is consenting to being recorded. Company may use Client celebrations and wins inside of the Services as a means to promote and market on social media accounts and online forums, however, Client’s personal details will not be shared or included without explicit prior consent.

Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.

8. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving 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 Coach or any of its Services, products, affiliates, subsidiaries, employees, agents or representatives.

9. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

10. DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

11. LIMITATION OF LIABILITY. By using LEFOREST WELLNESS LLC services and purchasing these Services, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach 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 the Services. Client agrees that use of this Services is at the user’s own risk.

12. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Seattle, WA or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.

13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.

14. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.