Wholehearted Coaching Certification Program
Terms & Conditions
We are thrilled that you are interested in training to become a Wholehearted Coach. If you decide to train with us you will experience one of the most personally uplifting, challenging and inspirational periods of time in your life.
Before submitting your application to us we require you to read the following information very carefully and then sign your contract to indicate that you have fully understood and accepted all terms and conditions of enrollment.
1. The Program. The Program provided by Instructor consists of a combination of live virtual
classes, online course material, group coaching sessions, and one-on-one coaching sessions. In order for Student to receive their certification through the Program, the following requirements must be met:
Attend 80% of the live virtual classes
Complete 80% of the online course material
Attend six (6) hours of group coaching
Attend two (2) one-on-one coaching sessions (one in month 4 and one in month 6), which will serve as the midterm and final assessments, respectively
Complete twelve (12) hours of peer and outside client coaching
Complete one (1) final project
2. Financial Payment.
In consideration for enrollment in the Program, Student agrees to pay Instructor the fee set forth on the Site (the “Fee”). Once any portion of the Fee has been paid, such payment shall be non-refundable, except as otherwise set forth herein.
In order to secure your commitment in the Wholehearted Coaching Certification we require a non-refundable deposit of $500 be paid at the time of enrollment. Your deposit is retained and deducted from your course fee.
A deposit is not required where payment is made in full at the time of enrollment. Upfront payments receive a discounted rate of $6400.
Alternatively, we accept payment by way of monthly installments of $990 per month (6 month plan), $745 per month (8 month plan) or $600 (10 month plan. Your first payment is due one month after the date of your enrollment. Each following payment will be withdrawn from your account on the same or near date each month.
We reserve the right to immediately transfer you to a future course or remove you from a course entirely without refund should your payments come into arrears and/or you indicate to us that you will not be able to make future payments.
If at any point in time throughout the course you fail to make your course payments, we reserve the right to withhold your certificate of completion until your full course fees are paid.
a. Expenses. Unless otherwise agreed to in writing by Instructor (including by e-mail), Student is responsible and solely liable for all their expenses in connection with the Program.
3. Program Access. Student will have unlimited access to the Program during the Program and
for one (1) year after the conclusion of the Program. Continued access beyond that one (1) year period is at the sole discretion of Instructor.
4. Assessments. The two (2) one-on-one coaching sessions included in the Program will serve as Student’s midterm and final oral assessments. If Instructor believes that Student has not demonstrated proper use of the competencies during an assessment, Instructor will require Student to book additional one-on-one sessions at a cost of $250 per session. The cost of an additional session must be paid in advance of the session taking place. Following the additional session(s), Student will be permitted to re- take an oral assessment a maximum of two (2) more times. If Student does not pass the additional assessments, then Student will not receive their certification.
5. Rescheduling Policy. If Student needs to reschedule a one-on-one session with Instructor, Student will give Instructor at least twenty-four (24) hours’ notice. Except in the event of a Force Majeure Event, if Student fails to give Instructor the required notice or fails to attend a scheduled one- on-one session, Instructor will invoice Student $250 to reschedule the session.
6. Extension. Student is expected to complete the Program within the six (6) month timeframe. If a Force Majeure Event (defined below) prevents Student from completing the Program within that timeframe, Student must notify Instructor at least four (4) weeks prior to the end of the Program to request an extension of up to two (2) months. The extension will be approved or denied in Instructor’s reasonable discretion. If Instructor approves the extension, Student will be charged an additional fee of $500, payable upon Instructor’s approval of the extension.
7. Recordings. Student shall not capture their sessions with Instructor in any capacity (other than note taking), including, but not limited to, voice recording, tape recording, photography, screenshots, etc. Instructor shall make available a recording of each group session within five (5) business days after the applicable session.
8. Instructor and Student Responsibilities.
a. As a student in the Program, Student agrees to (a) promptly respond to Instructor’s communications, (b) provide truthful, accurate, and complete information to Instructor, (c) give the necessary time and energy to fully commit to the Program, and (d) make timely payment of the Fee.
b. Instructor will facilitate the Program in a professional, diligent, and workmanlike manner. Instructor’s methods and techniques will conform to industry standards and reasonable ethical
obligations.
c. Both parties will refrain from tortious interference with the contracts and business relationships of the other party.
9. Accreditation; Non-Guarantee. Student acknowledges that the Program is not an ICF
accredited life coaching program. Instructor does not make any representations, warranties, or
guarantees as to the specific results that Student will experience from the Program. Student shall be responsible for their own results and for how to implement the Program into Student’s career.
10. Intellectual Property. All materials, including, without limitation, documents, drawings,
drafts, notes, designs, computer media, electronic files, and lists, and any additions to, deletions from, alterations of, copies, and revisions of such materials, which (a) are furnished to Student by Instructor; (b) are developed in the process of Instructor’s facilitation of the Program; or (c) embody or relate to the Program (collectively, the “Materials”) shall be owned by Instructor (or the applicable third-party). Student shall have no rights to the Materials except as necessary to complete the Program. In connection with such limited grant, Student shall not to copy, duplicate, delete, steal, modify, publish, display, sell, distribute, reproduce, store, transmit, post, create derivative works from, reverse engineer, sell, rent or license any part of the Program or the Materials in any way. Student is not authorized to use Instructor’s intellectual property or the Materials for Student’s business purposes.
11. Non-Disclosure and Confidentiality.
a. Definition. Student and Instructor agree that “Confidential Information” means any
information disclosed by one of the parties hereunder (the “disclosing party”) to the other party (the “receiving party”), either directly or indirectly, in writing or orally, including, without limitation, (a) trade secrets and business plans, content, finances, methods, documents, and practices; (b) information on personnel, subscribers, users, and suppliers; (c) ideas, processes, methods, products, marketing plans, analytics, trademark applications, and other proprietary rights; (d) source code, drawings, sketches, samples, technical information, or other related information; and (e) any other information which (i) if conveyed in written or other tangible form, is designated as “confidential,” “proprietary” or the like, (ii) if disclosed in other than tangible form, is orally designated as confidential or proprietary by the disclosing party at the time of delivery and such designation is confirmed in writing within fifteen (15) days of the initial disclosure, or (iii) is or should be reasonably understood by the receiving party to be
confidential or proprietary to the disclosing party.
b. Use and Disclosure of Confidential Information. The receiving party shall hold in
confidence, and shall not disclose to any person, any Confidential Information. The receiving party shall use the Confidential Information only in connection with fulfilling the terms of this Agreement and such Confidential Information shall not be used for any other purpose. The receiving party shall not exploit such Confidential Information for its own benefit or the benefit of another without the prior written consent of the disclosing party. Notwithstanding anything contained in this Agreement to the contrary, this Agreement shall not prohibit the receiving party from disclosing Confidential Information to the extent required in order for the receiving party to comply with applicable laws and regulations, provided that the receiving party provides prior written notice of such required disclosure to the disclosing party and takes reasonable and lawful actions to avoid or minimize the extent of such disclosure.
c. Care of Information. The receiving party shall use professionalism, good judgment, and
care when handling Confidential Information. The receiving party shall protect the Confidential
Information from disclosure to a third party using the same care and diligence that the receiving party uses to protect its own proprietary and confidential information, but in no case less than reasonable care. This standard of care shall include, without limitation, being mindful that (a) others cannot overhear a discussion that includes Confidential Information, (b) documents containing Confidential Information are not left in public view, and (c) Confidential Information is not left on a computer screen in public view. The receiving party shall promptly notify the disclosing party of any disclosure of Confidential Information in violation of this Agreement.
d. Term. The receiving party’s obligation to protect the Confidential Information shall
remain in effect indefinitely or until one of the exclusions set forth below shall operate to terminate the receiving party’s obligations.
e. Ownership of Confidential Information. All Confidential Information shall be and remain
the property of the disclosing party, and nothing contained in this Agreement shall be construed as granting or conferring any rights to such Confidential Information to the receiving party. The receiving party shall honor any request from the disclosing party to promptly return or destroy all copies of Confidential Information and all notes related to such Confidential Information.
f. Damage. Student and Instructor agree that the disclosing party will suffer irreparable
injury if its Confidential Information is made public, released to a third party, or otherwise disclosed in breach of this Agreement and that the disclosing party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual damages from any court of competent jurisdiction.
g. Exclusions. Notwithstanding the above, this Agreement imposes no obligation upon the
receiving party with respect to information that: (a) was rightfully in the receiving party’s possession without a duty of confidentiality before receipt from the disclosing party; (b) is disclosed to the receiving party by a third party without such third party having an obligation of confidentiality to the disclosing party; (c) is disclosed by the disclosing party to a third party without a duty of confidentiality on the third party; (d) is or becomes publicly known through no wrongful act of the receiving party; (e) is independently developed by the receiving party without reference to any Confidential Information; (f) is approved for release (and only to the extent so approved) by the disclosing party; or (g) is disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of
law.
12. Harassment. At no time and under no circumstances whatsoever shall either party tolerateabusive, violent, destructive, menacing, or harassing behavior from the other party or any person affiliated with the other party.
13. Termination; Default.
a. Student Default. In the event (i) Student fails to make a payment within ten (10) days after
receipt of a notice from Instructor that payment is late, or (ii) Student fails to respond to a
communication from Instructor for fourteen (14) consecutive days or more, or (iii) Student reschedules a session more than three (3) times, or (iv) Student is in breach of a non-monetary provision of this Agreement after receipt of notice thereof and thirty (30) days to cure, Instructor shall have the right to cease performance of the Services and terminate this Agreement. In such event, Instructor shall be entitled to retain all monies paid hereunder and collect any unpaid portion of the Fee as liquidated damages. The parties acknowledge and agree that Instructor’s damages in the event of Student’s breach of this Agreement would be difficult or impossible to measure and that the aforesaid liquidated damages
are a reasonable estimate of Instructor’s damages and are not intended as a forfeiture or penalty.
b. Instructor Default. In the event (i) Instructor fails to respond to a communication from
Student for fourteen (14) consecutive days or more, or (ii) Instructor is in breach of a provision of this Agreement after receipt of notice thereof and thirty (30) days to cure, Student shall have the right to terminate this Agreement. In such event, Student shall be entitled to a refund of any portion of the Fee paid towards Services that have not yet been performed.
c. Termination without Cause. Student, without cause, may terminate this Agreement by
delivering notice to Instructor. In the event Student terminates this Agreement, Student understands and agrees that Instructor shall be entitled to retain all monies paid hereunder and collect any unpaid portion of the Fee as liquidated damages. The parties acknowledge and agree that Instructor’s damages in the event of Student’s termination of this Agreement would be difficult or impossible to measure and that the aforesaid liquidated damages are a reasonable estimate of Instructor’s damages and are not intended
as a forfeiture or penalty.
14. Force Majeure.
a. Each of the following shall be defined as a “Force Majeure Event”: (a) acts of God; (b)
casualty or natural disasters (including, without limitation, fire, earthquake, explosions, hurricane, flooding, storms, blizzards, infestations, epidemic, or pandemic); (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrection, or other civil unrest; (d) government order, law, or act (or failure to act); (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, lockouts, labor disputes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) personal incidents such as accident, death in the family, illness, medical or health condition, or sudden tragic circumstances; or (j) any other reason not within the reasonable control of the party
delayed in performing (whether similar or dissimilar to the foregoing events).
b. If either party shall be prevented from performing under this Agreement by reason of a
Force Majeure Event, then such non-performing party shall not be in default under or in breach of this Agreement as a result. The non-performing party shall give notice of its inability to perform to the other party within five (5) days after the Force Majeure Event, though performance shall still be excused even if notice isn’t given. The non-performing party shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event, and the non-performing party shall resume the performance of its obligations as soon as reasonably practicable after the end of the Force Majeure Event. The provisions of this Section shall not operate to excuse Student from timely payment to
Instructor.
15. Indemnification; Limit of Liability.
a. To the fullest extent permitted by law, Student agrees to indemnify Instructor, and
Instructor’s owners, officers, partners, directors, members, employees, contractors, and agents, from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and reasonable attorney’s fees, which may arise out of this Agreement or the Program.
b. No personal liability shall accrue hereunder against any individual, member, partner,
officer, director, representative, employee, trustee, fiduciary, or principal (disclosed or undisclosed) of
Instructor.
c. In any event, the maximum liability of Instructor hereunder shall not exceed the total amount paid by Student to Instructor hereunder.
d. Notwithstanding any other provision herein, but excluding indemnification obligations or
damages arising from breach of a party’s confidentiality obligations, it is expressly understood and agreed that neither Instructor nor Student shall have any liability for consequential, special, punitive or treble damages with respect to any of the agreements or covenants of this Agreement.
16. Miscellaneous Provisions.
a. Notice. All notices, requests, claims, demands and other communications between the
parties shall be in writing. All notices shall be given (a) by delivery in person, (b) by a nationally
recognized next day courier service, or (c) by first class, registered or certified mail, postage prepaid, to the address of the party specified in this Agreement or such other address as either party may specify in writing. Such notice shall be effective upon the receipt by the party to which notice is given or upon refusal of delivery. Notice may also be given by electronic mail, and such notices shall be effective upon receipt of a written acknowledgement by the party to which notice is given. As of the date of this Agreement, Instructor’s address for notices is 159 Herkimer st, Brooklyn, NY 11216 and Student’s address for notices is .
b. Entire Agreement; Amendment. This Agreement contains the entire agreement of the
parties, and this Agreement supersedes any prior written or oral agreements between the parties. This Agreement may be modified or amended only in a writing signed by all parties.
c. Severability. 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 a
court finds that any provision of this Agreement is invalid or unenforceable, 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.
d. Waiver. The failure of either party to require strict compliance with the performance of
any obligations or conditions of this Agreement shall not be deemed a waiver of that party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this Agreement.
e. Applicable Law. This Agreement, and all matters arising out of or related to (directly or
indirectly) this Agreement (including tort claims), shall be governed by the laws of the State of New York, without giving effect to its principles of conflicts of law, and any disputes arising therefrom must be handled exclusively in the federal and state courts located in County of Kings.
f. Assignment. Neither party shall assign, directly or indirectly, all or part of its rights or
obligations under this Agreement without the prior written consent of the other party. Any assignment without such consent is ineffective, null, and void.
g. Counterparts and Signatures. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and which collectively shall constitute one agreement. Use of fax, email and electronic signatures shall have the same force and effect as an original signature.
h. Attorney’s Fees. If any litigation is brought by either party against the other either to
enforce the rights of any party hereto or to clarify rights and obligations hereunder, the substantially prevailing party shall be entitled to recover from the other party thereto the reasonable costs and expenses, including reasonable attorneys’ fees and costs, of such proceeding. In addition, if Student fails to make any payments on time, Student agrees to pay for Instructor’s reasonable collections and legal costs incurred while attempting to collect against Student.