Coaching Policy

1. Services 

By reading this document in its entirety and checking the box associated, the Client has agreed to 3 months of 1:1 Coaching (‘Services’). The Services include coaching services in the form of somatic & mindset coaching. The Coach agrees to provide hour long coaching sessions via zoom for a total of 12 weeks, with the number of times met per month in accordance with the verbal agreement of both parties. The Parties acknowledge and agree that during the term of this Agreement, the Services may be modified and/or expanded but only upon a written agreement executed by the Parties expressly referencing this Agreement.  

2. Payment

The Client accepts and agrees to pay for the Services in accordance to the payment plan agreed to. The client will either pay in full, or accepts a monthly payment plan which is charged automatically in successive month long periods following the date of the first payment. First monthly payment is due before the first session unless otherwise specified. Client agrees to pay all costs, including debt collection agency fees and attorney’s fees, that Coach may incur to recover any money that Client owes to Coach, whether or not legal proceedings are issued for recovery of the monies.

3. Cancellations & Refunds

Due to the nature of services provided, all payments, including deposits, are final and non-refundable. If Client is unable to start the services on the date they declare to Coach, Client must contact Coach at least 2 days prior to start date to negotiate a new start date. If Client contacts Coach at least 2 days prior to start date to reschedule, Client will be granted a single option to reschedule for a future start date within 30 days of the original start date (subject to Coach's availability). If Client fails to contact Coach at least 2 days prior to start date to reschedule, client’s first session is not guaranteed.

Failure to attend a session/sessions without notice of cancellation at least 2 days prior to the session will result in forfeiture of the entire session/ sessions, and no refund or reschedule attempt will be offered. It is expressly understood that the sessions are consecutive unless otherwise stated herein. If Client misses a session without giving 2 days’ notice, it is within the sole discretion of the Coach to offer make-up sessions for any missed sessions. If the Coach is unable to perform the duties under this Agreement due to illness, emergency, or causes beyond the control of the Coach, the Coach and the Client shall make every attempt to reschedule the Session(s).

4. Term

This Agreement shall commence on the Effective Date which is to be the date of payment, and shall continue weekly in full force and effect for the duration of the Services unless terminated earlier as provided in this Agreement. 

5. Termination

Should the Client elect to withdraw from this Agreement and not continue the sessions, the Client must notify the Coach immediately. Withdrawal from the Services may be communicated via [telephone or email]. Notice may be sent to the following contact information:

Olivia Conklin

847-477-9038

olivia@odysseycollective.co

As noted above, all payments are non-refundable, and all future payments in a payment plan must still be received, even in the event of withdrawal from this agreement.   

6. Warranty

The Services to be performed hereunder are mindset coaching. The Coach does not warrant in any form the results or achievements of the Services provided. The Coach warrants the Services will be performed in a professional and workmanlike manner in accordance with the generally accepted industry standards and practices. 

7. Disclaimer

While the Coach may reference certain methodologies, thought processes, and provide personal opinions and offer information relating to psychology, psychotherapy, neuroscience, and other similar industries, the Coach is not providing professional advice. If you have medical or mental health, psychological, legal or financial questions, please consult with an appropriate licensed professional. The Coach expressly disclaims any and all responsibility for any actions or omissions you choose to make as a result of verbal or written statements made by the Coach.  

8. No Guarantees

Nothing in this Agreement and nothing in the Coach’s statements or emails to Client shall be construed as a promise or guarantee about any outcomes as outcomes are always personal to the Client. The Coach makes no such promises or guarantees. The Coach agrees to use [his/her] best efforts in assisting the Client.

9. Ownership of Work Property

The copyright for all products, courses, journaling prompts, instructions, or deliverables created hereunder for Client, or provided to Client, shall belong to the Coach. All intellectual property rights in all pre-existing works and derivative works of such pre-existing works and other deliverables and developments made, conceived, created, discovered, invented or reduced to practice in the performance of the Services hereunder are and shall remain the sole and absolute property of the Coach. This Agreement does not grant Client any license to any of the Coach’s products, which must be separately licensed. 

10. Confidentiality

The Parties acknowledge that by reason of their relationship to the other hereunder, each may disclose or provide access (the “Disclosing Party”) to the other Party (the “Receiving Party”) certain Confidential Information. “Confidential Information” shall mean (i) information concerning a Party’s products, business and operations including, but not limited to, information relating to business plans, products, product samples, costs, sources, strategies, inventions, procedures, literature, technical advice or knowledge, contractual agreements, pricing, price lists, product specifications, trade secrets, procedures, distribution methods, inventories, marketing strategies and interests, designs, drawings, work sheets, concepts, samples, inventions, manufacturing processes, computer programs and systems. All Confidential Information shall remain the property of the Disclosing Party. Further, the Coach will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law or with the Client’s written consent.

11. Indemnification

Each party, and their agents, heirs, employees, successors and assigns (the “Indemnifying Party”) agrees to indemnify, defend and hold the other party and its affiliates and their respective officers, directors, employees and agents harmless from and against all third-party claims, losses, liabilities, damages, expenses and costs, including attorney’s fees and court costs, arising out of the Indemnifying Party’s (i) negligence or willful misconduct or (ii) its material breach of any of the terms of this Agreement. The Indemnifying Party’s liability under this Section shall be reduced proportionally to the extent that any act or omission of the other Party, or its employees or agents, contributed to such liability. The party seeking indemnification shall provide the Indemnifying Party with prompt written notice of any claim and give complete control of the defense and settlement of the Indemnifying Party, and shall cooperate with the Indemnifying Party, its insurance company and its legal counsel in its defense of such claim(s). This indemnity shall not cover any claim in which there is a failure to give the Indemnifying Party prompt notice to the extent such lack of notice prejudices the defense of the claim.

12. Limitation of Liability

Except for the Parties’ Confidentiality obligations under Section 10 of this Agreement and Indemnification obligations under Section 11 of this Agreement, in no event shall either Party be liable under this Agreement to the other Party for any incidental, consequential, indirect, statutory, special, exemplary or punitive damages, including but not limited to lost profits, loss of use, loss of time, inconvenience, lost business opportunities, damage to good will or reputation, and costs of cover, regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen. Subject to the Client’s obligation to pay the Fees to the Coach, each Party’s entire aggregate liability for any claims relating to the Services or this Agreement shall not exceed the fees paid or payable by the Client to the Coach under this Agreement in the 12 month period immediately preceding the events giving rise to such liability. This section shall survive the termination of the Agreement.

13. Coach Expectations

The Coach expects the following from the Client: (i) An open mind, honesty, trust, clear communication and perseverance; (ii) Commitment from the Client to complete any initial and/or ongoing sessions as scheduled; and (iii) Commitment from the Client to complete tasks/homework as agreed in the Sessions.

14. Client Expectations

The Client may expect the following from the Coach: (i) the Services performed by the Coach will be performed in a professional and constructive manner; (ii) the Coach will complete all ongoing sessions as scheduled; (iii) the Coach will support the Client in choosing new mindsets and action steps that are in alignment with their visions and goals.

15. Governing Law and Venue

This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas without giving effect to the principles of conflicts of law of such state. 

16. Mediation of Disputes 

Coach, Client and the Company shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The mediation shall proceed in advance of binding dispute resolution proceedings which shall be stayed pending mediation. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Travis County Texas unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. If the parties do not resolve a dispute through mediation, the method of binding dispute resolution shall be binding arbitration administered by the American Arbitration Association.

17. Non-Assignment

Neither party may assign its obligations.

18. Severability

If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

19. Survival

Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement.

Odyssey Collective

2400 E 6th St, Austin, TX 78702

+1 (847) 477-9038

www.odysseycollective.co