As of January 1, 2025 all 1:1 coaching & consulting services will be charged $225.00 per hour.
Should you choose to terminate this Agreement at any time before the conclusion of your services, any amount of the fee unpaid and still owed by you will become due and payable immediately. The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. By accepting the terms of this Agreement, you 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 the Coach.
You further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s)/Services, YOU are taking full responsibility for YOUR OWN success. Thus, you agree that you will not request a refund. In addition, it is your responsibility to attend the live online groups, one on one meetings, listen to the recordings, listen to the filtered music and ask for support. I am happy to answer any questions about these policies.
CONFIDENTIALITY: All information discussed during coaching services is confidential, subject to limited exceptions. Generally, your written permission is required for me to speak with anyone regarding our work together. However, you understand that I may participate in professional consultation to assure that you are receiving the best coaching possible. You further understand that at times telephone conversations, video, online, group calls, webinars, texts, e-mails or faxes may be utilized, and that the confidentiality of information transmitted through these venues cannot be guaranteed. Coaching is not a medical or other licensed healthcare treatment and is not covered by HIPAA. Although you are not receiving licensed healthcare services from me, I work to comply with applicable state and federal laws. You understand that my confidentiality may be limited in certain instances when I may be legally obligated to disclose otherwise confidential information. This would include any information the Coach might disclose that indicates that a child or elderly or disabled person is being abused. You further understand that if they are at imminent risk of hurting another, or themselves, I may be required to take protective action.
If you are happy with your results and want to share your experiences in a video/interview, we will share the video and your first name and picture in marketing material to help inspire other clients and potential clients. With your permission and consent, we may share your wins, celebrations, and positive progress in the client FB group, in a Chat, or on videos to be used (with a picture and first name) and shared on our client results page or other marketing materials to offer social proof to others who need the help as well. Refusal to provide such permission will not impact your ability to receive coaching services.
You are welcome and encouraged to submit questions and ask for guidance involving personal and confidential information at any time throughout the duration of the program through our secure email support system.
Although I aim to provide useful and correct guidance, I make no warranty as to the effectiveness of my coaching services for you. Accordingly, I disclaim all liability to any party for any direct, indirect, implied, punitive, special, incidental, or other consequential damages arising directly or indirectly from my coaching services. Coaching services are provided as-is, without additional warranty.
Additional agreements:
INTELLECTUAL PROPERTY: Only authorized users, who have duly attained access to any Programs/Services offered by Cherie Lindberg LLC by personally agreeing to the terms of this Agreement are permitted to use and participate in such Programs/Services. You shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement. You acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Cherie Lindberg LLC programs or services are protected under copyright, trademark, and other intellectual property laws and international treaties. For the purposes of this section, a “third party” is anyone outside of the Client(s) who have executed this Agreement and engaged in coaching services.
To honor and protect my intellectual property, you expressly agree not to disclose or communicate any proprietary information about my practice, materials, or methods to any third parties.
MUTUAL NON-DISCLOSURE: Through the course of your services, we may discuss the Client's future plans, business affairs, customer lists, financial information, job information, goals, personal information, and other private information. As your Coach, I will not voluntarily communicate this information to a third party without your consent, unless otherwise required.
We agree to be bound by these mutual nondisclosure agreements during and after the termination of the coaching relationship.
HOLD HARMLESS:
I agree to hold harmless Cherie Lindberg “the Coach” from and against all losses, expenses, damages, and costs, including reasonable attorney's fees, relating to or arising from any information loss due to technical failure, use of the internet to communicate with the Coach or the use of the Coach's Site, https://cherielindberg.com/, any arrangements made based on information obtained by the Site, any products or services obtained through the Site. The Coach does not warrant that the functions contained in any materials provided will be error-free or that the website or server that makes such site available is free of viruses or other harmful components. Security measures are absolutely taken to prevent any issues and the Coach takes all reasonable actions to protect the Client.
You can choose not to receive or halt services through the Site.
LIMITATION OF LIABILITY:
THE PARTIES AGREE THAT IN NO EVENT SHALL Cherie Lindberg or Cherie Lindberg LLC Performance Coaching BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THE BREACH OF THIS AGREEMENT OR ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CHERIE LINDBERG OR CHERIE LINDBERG LLC (I) BE LIABLE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES ARISING OUT OF THE TERMINATION OF THIS AGREEMENT, OR (II) BE LIABLE FOR DAMAGES OR ALLEGED DAMAGES HEREUNDER, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, THAT EXCEED THE AMOUNTS REQUIRED TO BE PAID BY EITHER PARTY AT THE OTHER, HEREUNDER. THE PARTIES FURTHER AGREE THAT FOR AMOUNTS PAYABLE UNDER (INDEMNIFICATION SECTION) OR (CONFIDENTIALITY SECTION) HEREUNDER, EITHER PARTY’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE SUM OF ($100.00).
AFTER THE WORK HAS STARTED, THERE WILL BE NO REFUNDS ACCEPTED.
As a condition for receiving coaching services, you agree to indemnify Cherie Lindberg and Cherie Lindberg LLC against all claims, liabilities, losses, damages, suits, costs, and expenses (including reasonable attorney’s fees) to the greatest extent permitted by law and as they relate to your failure to follow my instructions, communicate to me about any problems you encounter during coaching services, or update me about changes to your health, and you agree to assume all risk of property damage, injury, or death associated with such failures.
DISPUTE RESOLUTION: It is agreed between the Client(s), his or her assigns, family and estate and the Coach that any controversy or claim arising out of or relating to the Agreement, or the breach of the Agreement, shall be settled by arbitration by an accredited individual or organization with an arbitrator whom we mutually agreed upon. The arbitration may occur by telephone.
Limitations of Online Coaching & E-mail Support: Messaging Support and Online Sessions are intended to provide quality information, support, and assistance with reaching your personal development and professional business goals. If any of the following apply, traditional face-to-face psychotherapy is more appropriate: 1. If in in crisis or having thoughts of harming yourself (e.g. suicidal thoughts) or harming someone else (e.g. violent thoughts toward others) or psychotic symptoms. Please call 911 or 1-800-SUICIDE, which is the National Suicide Hotline or go to the emergency room. 2. If you are in an abusive or violent relationship. 3. If you have been severely depressed, anxious, or manic. 4. If you have serious substance abuse dependence issues. 5. If you are a minor (under 18 years old). If you are in a crisis, please call 911 or go to the emergency room and do not use these services.
Seamless Online Coaching via Zoom
All coaching sessions with Cherie Lindberg, LLC, are conducted online using the Zoom platform, ensuring a professional and secure virtual environment. This format allows for dynamic, real-time interactions from the comfort of your home or office, with features that facilitate effective communication and deeper connection.
Optional Coaching Notes with Otter
To enhance your coaching experience, sessions may be recorded with your consent. If recording occurs, Otter.ai can be utilized to generate a transcript of key insights and action items. These notes may be shared with you as a resource to reflect on and integrate the coaching process more fully.
Plan B: Phone Coaching for Technical Glitches
In the unlikely event of technical difficulties during a session, Cherie Lindberg, LLC, has a backup plan in place. If issues cannot be resolved promptly, your coach will call you directly to continue the session via phone, ensuring that your scheduled time remains productive and uninterrupted.
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING Cherie Lindberg LLC Performance Enhancement Coaching Services, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS. BY ACCESSING OR USING THE MATERIALS, YOU ACKNOWLEDGE THAT: YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT, THAT YOU ACCEPT, AND AGREE TO BE BOUND BY ITS TERMS. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC BILLING IF NOT PAID IN FULL, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.
IN WITNESS WHEREOF, you, the undersigned Client, have executed this Agreement as of the day and year written below.