Terms & Conditions
By clicking “I Accept,” providing/entering your credit card information, signing your name in the signature space, or otherwise enrolling, electronically, verbally, or otherwise, in a Session (as defined below) you (“Client”) are entering into this legally binding Coaching Agreement (“Agreement”) with greyhouse.help, “greyhouse,” and/or Erica Woolford (“Company”). Subject to the terms and conditions as set forth herein, Client retains Company and Company hereby accepts Client’s retention to perform services described herein.
1. Services. Company shall provide, participate in and/or facilitate such coaching, holistic counseling, group discussions, activities, and/or virtual gatherings during the service described in the Client Intake Form (“Session”). Company may, at Company’s election, substitute services equal to or comparable to the Session for Client. The services provided are intended to engage with Client to coach, enhance, to listen to, encourage, and consult on a variety of topics such as life, business, intimacy, relationships, careers, trauma, and goals. A Service/Session constitutes one prepaid session as outlined on the website and does not guarantee or commit to any further services or sessions. All Services/Sessions are completed via phone or virtually unless otherwise depicted in the Care or Elevate session plans. A Client Intake Form with stated Terms & Conditions, Privacy Policy, and Disclosure will be required to be completed and agreed to/signed prior to your first session and maintained/updated yearly. Any Third party brought into session at discretion of Company and permissible by Client, will have to agree to/sign company Terms & Conditions, Privacy Policy and Disclosure. Couples Coaching/Counseling will be determined as two separate clients and payment/policy requirements.
2. Scheduling. All Scheduling is to be done via email at the sole discretion of both the Client and Company’s availability. If Client needs to reschedule an individual session, then Client shall notify Company by email to greyhousehelp@gmail.com no later than forty-eight (48) hours before the start of the scheduled individual session. If Client reschedules fewer than forty-eight hours before the start of the scheduled individual session, then Company may, in its sole discretion, refuse to reschedule the session, Client will forfeit the session, and Company shall not issue a refund. Any session shall be scheduled and completed within 90 days of payment or Client forfeits usage of paid session. If a coach is ill, there is severe weather, or other emergency, then Company may, at Company’s election, reschedule the session or elect a different form of meeting such as in person, phone, or virtual.
3. Payments. All payment is to be made prior to any session via Venmo, or PayPal. Details of those payment processors and obtaining where to send payment will be provided via email. Check may be accepted in Care session plans only. No Refunds. Client shall pay Company a total fee as stated in the pricing on the website for that particular session. If Client does not attend any part or all of the session for any reason or no reason, then Company shall not issue a refund except as expressly provided in this Agreement. Multiple Parties. Essential, Care, and Passion Sessions that join 2 clients together for partner/spouse/couples coaching will be at the stated rate plus an additional 50% of that price.
4. Term; Termination. This Agreement will take effect immediately and shall terminate upon completion of the session, unless terminated earlier in accordance with this Section 4 of the Agreement. Company may terminate this Agreement and/or a Session immediately for any reason or no reason. If Company terminates this Agreement and/or the Session, Company shall not charge for, or shall refund a pro rata share of, future services. Client may terminate this Agreement and/or the Session immediately for any reason or no reason; provided, however, that Client’s obligation to pay the total Fee will survive termination of this Agreement and/or Session. Termination of this Agreement for any reason or no reason will not affect: (a) obligations which have accrued as of the date of termination; and (b) those obligations which, from the context hereof, are intended to survive termination of this Agreement.
5. Client Cooperation & Recordings. Client shall cooperate with Company. At Company’s request, Client shall provide Company with any documents, information, or data necessary for Company to perform its services in a timely fashion. Client shall attend sessions and for best result complete all session assignments in a timely manner. Recordings. Coaching and all services provided by Company are confidential in nature and should be between stated Client and Company, solely, during the designated time frame. Client agrees to not record, videotape, or capture any portion of a live or virtual session, or phone call. If Company believes a Client is recording, videotaping or capturing any of the Session then Company reserves the right to terminate Session immediately and is not required to provide any refund to Client nor work with Client in the future.
6. Personal Responsibility; No Substitute for Medical Treatment. Client acknowledge that he/she is responsible for his/her life and wellbeing, as well as the lives and wellbeing of his/her family and children (as applicable), and all decisions made during and after the Session. Company is not responsible for any decisions made by Client as a result of coaching and any consequences thereof. Client shall seek medical treatment, including without limitation psychiatric services, if needed. If Client has an emergency, Client shall contact a hospital or crisis center. A coach is a mentor and guide to help clients reach their own goals. Client acknowledges that coaches or Company are not acting in the capacity of a licensed doctor, counselor, dietician, nutritionist, psychologist, or psychiatrist.
7. No Warranty.
A. Company makes no representation that Client will be satisfied with the results of Company’s performance, or that any particular results will be achieved by Client, even if communicated to Company. If Client is dissatisfied with Company’s performance under this Agreement, Client’s sole remedy is to terminate this Agreement in accordance with the provisions hereof.
B. COMPANY IS NOT MAKING ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
C. CLIENT ACKNOWLEDGES THAT THE TEXT IN THIS SECTION 7 IS CONSPICUOUS.
8. LIMITATION OF LIABILITY shall be binding upon HIS/HER estate, HIS/HER heirs, next of kin, executors, administrators, representatives, successors and assigns.
CLIENT ACKNOWLEDGES THAT THE TEXT IN THIS SECTION 8 IS CONSPICUOUS.
A. CLIENT EXPRESSLY ASSUMES THE RISKS OF COACHING, INCLUDING WITHOUT LIMITATION THE RISKS IN MAKING LIFESTYLE CHANGES. Company, its shareholders, directors, officers, employees, agents, and affiliates, as well as Erica Woolford in her individual capacity (COLLECTIVELY OR INDIVIDUALLY A COMPANY RELEASEE) will not be liable to Client or any nonparty for damages arising from an act or failure to act on its part in connection with its performance under this Agreement, except to the extent that as a result of its reckless disregard for the consequences of that act or failure to act, or its intentionally causing those consequences, the Company Releasee causes the Client or nonparty to suffer damages.
B. IN NO EVENT WILL THE TOTAL LIABILITY OF COMPANY RELEASEE ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF EXCEED THE TOTAL FEES ACTUALLY PAID TO COMPANY BY CLIENT FOR THE SESSION.
C. COMPANY RELEASEE WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS. THIS LIMITATION OF LIABILITY PROVISION IS independent of any other limitation of liability and reflects a separate allocation of risk from provisions specifying or limiting remedies. THE FEES STATED FOR THE SERVICES ARE A CONSIDERATION IN LIMITING COMPANY RELEASEE’S LIABILITY.
D. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT AGAINST COMPANY RELEASEE MORE THAN ONE (1) YEAR, or the shortest duration permitted under applicable law if such period is greater than one (1) year, AFTER THE CAUSE OF ACTION HAS ACCRUED.
E. CLIENT ACKNOWLEDGES that HE/SHE IS at least 18 years of age (or, if less than 18 years of age, has caused this AGREEMENT to be signed by HIS/HER parent or legal guardian). CLIENT ACKNOWLEDGES that this ENTIRE AGREEMENT INCLUDING WITHOUT LIMITATION THIS SECTION
F. THIS SECTION 8 WILL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT.
9. Governing Law. These terms are governed by the laws of the state of Arizona, excluding any conflict of laws, rules or principles. You irrevocably agree to submit to the venue and jurisdiction of the Arizona courts. If any provision of this agreement is held to be invalid or unenforceable by a jurisdictional court, the remaining provisions of these terms will remain in effect. Any notice required to be given to you via greyhouse.help will be delivered by electronic mail to the email address provided during the creation of your file. Any notices sent to us must be delivered by email to greyhousehelp@gmail.com. Disputes. Any dispute or claim in any way to your use of the services and sessions will be resolved by binding confidential arbitration, rather than in court. The federal arbitration act and federal arbitration law apply to these terms. It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. greyhouse.help/ “greyhouse,” and/or Erica Woolford and you each waive any right to jury trial, if for any reason a claim proceeds in court rather than arbitration. It is also agreed that you may not bring a suit in court to enjoin infringement or misuse of intellectual property rights. You further agree, confirm and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the website or participation in sessions will not exceed the total amount of money paid by you in the 3 months period prior to the date of the claim.
10. Indemnification. Client shall indemnify Company, its shareholders, directors, officers, employees, agents, and affiliates, as well as Erica Woolford in her individual capacity (collectively “Company Indemnities”), against any and all loss, claim, cause of action, lawsuit, damage, liability, cost (including without limitation litigation and discovery costs, and reasonable attorneys’ fees) or any other expense whatsoever which any Company Indemnities may incur arising out of or relating to any claim, suit or proceeding instituted by a third party arising out of or relating to Company’s services to Client, or which result, in whole or in part, from the acts, errors or omissions, including negligent acts and statutory violations, of Client. This duty to indemnify Company Indemnities will survive any expiration or termination of this Agreement.
11. Non-Disparagement. Client shall not disparage the Company or any of its shareholders, officers, directors, employees, agents, or affiliates. For purposes of this Section, “disparage” means any negative statement, whether written or oral, about Company, Session, any of Company’s services, Erica Woolford, or any of Company’s coaches, agents, or affiliates. Client acknowledges that this non-disparagement provision is a material term of this Agreement, the absence of which would have resulted in the Company refusing to enter into this Agreement.
12. Confidentiality. Each of Client and Company (the “Receiving Party”) shall hold in trust for the other party hereto (the “Disclosing Party”), shall not disclose to any person, firm or entity other than the Receiving Party’s employees and agents who have a need to know such information in order to perform the coaching services, and shall not use in any way detrimental to the Disclosing Party, any confidential or proprietary information of the Disclosing Party (“Confidential Information”). Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to the Disclosing Party’s products, services, research, development, trade secrets, marketing and business plans, strategies, customers, suppliers, employees, agents, management and personnel, but does not include information in the public domain other than by reason of a breach of this Agreement. In the event the Receiving Party receives a subpoena or court order to disclose any Confidential Information, the Receiving Party shall deliver prompt written notice to the Disclosing Party and shall cooperate with the Disclosing Party’s attempts to obtain a protective order or other similar protection for the Confidential Information. Company and Client acknowledge that the disclosure or misuse of the Confidential Information by the Receiving Party in violation of this Agreement may cause irreparable harm to the Disclosing Party, the amount of which would be impossible to ascertain, and that there is no adequate remedy at law for any breach by Receiving Party of this Agreement. Therefore, in addition to any other rights and remedies it may have, Disclosing Party will be entitled to obtain from a court of competent jurisdiction an order restraining any such disclosure or other breach of this Agreement and for such other relief as may be appropriate, without the necessity of posting bond. Such remedy will be in addition to any other remedies otherwise available to the Disclosing Party at law or in equity.
This provision will survive any termination of this Agreement.
13. Ownership of Company’s Intellectual Property. Company alone will own all right, title and interest, including all related intellectual property rights such as copyright throughout the world and moral rights, to all course materials, manuals, documents, memoranda, materials, web content, artwork, graphics and other work product created or developed by Company for the Session and/or in the course of providing coaching services to Client (“Company’s Intellectual Property”). Company hereby grants Client a license to use Company’s Intellectual Property for his/her individual use only in connection with receiving coaching services in the Session. Client shall not use any of Company’s Intellectual Property for Client’s business. Client shall not share, copy, distribute, or otherwise disseminate Company’s Intellectual Property without Company’s prior written consent. Client shall not sell, distribute, sublicense, assign, or otherwise transfer any of Company’s Intellectual Property and any such purported or attempted sale, distribution, sublicense, assignment, or transfer will be null, void, and of no force or effect whatsoever.
Client hereby releases Company, its shareholders, directors, officers, employees, agents, and affiliates, as well as Erica Woolford in her individual capacity from any claim or cause of action, now known or later discovered, for, among other things, invasion of privacy, right of publicity, and defamation arising out of or relating to the use and exploitation of the Released Material. THIS SECTION 14 WILL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE TEXT IN THIS SECTION 14 IS CONSPICUOUS.
14. Modification; Waiver. No amendment of this Agreement will be effective unless it is in writing and signed by all parties. No waiver of satisfaction of a condition or failure to comply with an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or failure to comply with any other obligation.
15. Severability. The parties intend as follows: i) that if any provision of this Agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; ii) that if an unenforceable provision is modified or disregarded in accordance with this Section 16, then the rest of this Agreement will remain in effect as written; and iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
16. Assignment. Client has no right or power to assign or transfer this Agreement, or any of his/her rights, duties, or interest herein, and any such purported or attempted assignment will be null, void, and of no force or effect whatsoever. Company may assign any of its rights, duties or obligations under this Agreement without Client’s consent.
17. Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes all other agreements, whether written or oral, between the parties.
OTHER TERMS. Upon execution by clicking “I accept,” or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT.