Updated as of January 27, 2023
By scheduling an appointment with Cathy Orten (“Coach”) and Lily Rene LLC, dba Cathy Orten Coaching (“Company”), you (“Client”) agree that Coach will provide services to Client as outlined below. The Company, Coach, and Client (“Parties”) agree that the Agreement shall be governed by and interpreted under the laws of the state of Alaska.
1. Structure of the Beyond Your True Calling (“Retreat”)
❖Each session scheduled will be a session between Coach and Client.
❖The retreat details and what is included will be determined and agreed to between the Coach and Client in a detailed contract to be signed by both parties at the time of purchase.
✒Retreats Excludethese costs:
1. Airline Flights to and from Anchorage Airport (ANC) to arrive by Check-In date
2. Extra lodging if you arrive early or stay after the Retreat
3. Alcoholic beverages
4. Additional snacks/drinks you choose to purchase outside of provided meals
5. Extra activities you choose in addition to or to replace a provided scheduled activity that you choose not to participate in
6. Spending money for souvenirs
7. Photographs from a professional photographer (if offered and chosen by the Client)
8. Travel Insurance
✒ This is a Smoke-Free and Recreational Drug-Free Retreat
2. Payment Structure
Deposit is due upon booking. Deposits are non-refundable.
The schedule of Remaining Payment(s) will be determined at the time of purchase.
Final Payments must be received prior to 14 days before the Retreat start date.
3. Cancellation of Retreat by the Client
Cancellation by a Client must be made in writing (via email) and be acknowledged by the Coach in writing (via email).
If Client cancels the Retreat between 7 days after the date of this contract and 60 days before the Retreat start date, 50% of Client’s paid balance (minus the Deposit) will be refunded to Client within 30 days after cancellation.
If Client cancels the Retreat between 31 and 59 days before the Retreat start date, 25% of Client’s paid balance (minus the Deposit) will be refunded to Client within 30 days after cancellation.
If Client cancels the Retreat within 30 days before the Retreat start date, for any reason, the Client is responsible for paying all remaining Retreat payments within 30 days after cancellation. Paid amounts are non-refundable.
4. Cancellation of Retreat by the Coach
Cancellation by Coach will be made in writing (via email) and acknowledged by Client in writing (via email).
If Coach cancels the Retreat for any reason where the Coach cannot physically run the Retreat and cannot provide a suitable replacement, the Coach will refund any Paid amounts (minus the Deposit) unless other agreements are made with Client in writing.
If Coach cancels the Retreat for what is considered an “act of god” including natural disasters, or unforeseen circumstances that prevent the majority of the Retreat from taking place, outside the Coach’s control, no payments will be refunded.
Covid-19
Please note at this time there may be participant requirement changes due to COVID19 policies. This is ongoing and changing. Client is responsible for researching and following all travel requirements for arriving and leaving Alaska, USA.
Alaska or the country you are arriving from may or may not require a negative Covid-19 test. Client is responsible for providing the required travel documents. If Client fails to provide the correct documents and is not able to attend the Retreat, Coach and partnering companies are not responsible for any funds lost such as flight costs, accommodation costs, and adventure costs. You will not be refunded for any of your Retreat payment(s).
5. Travel/Trip Insurance / Medical Insurance
Coach requires Client to purchase travel insurance. Travel Insurance can help protect against the unexpected. This can include illness or injury while traveling, travel delays due to mechanical issues, luggage damage or loss, and other unforeseen disruptions.
Client is responsible for carrying Medical Insurance that covers the Client in Alaska.
6. Activities Disclaimer
Where, after departure, a significant element of the Retreat contracted for cannot be provided, Coach will make suitable alternative arrangements for the continuation of the Retreat. Significant alterations do not include the substitution of a vessel, modification of itineraries, or accommodations.
Coach will provide as much information about each activity in advance as possible. Coach is not responsible for weather, natural disasters, or health restrictions of the Client that may hinder a planned activity.
Client accepts all responsibility for all activities Client chooses to participate in during the Retreat.
Client acknowledges that activities in nature have an inherent risk that the Coach is not responsible for.
7. Method of Communication
The Parties agree that pre and post Retreat coaching sessions will occur either by phone call or via online conference call unless otherwise agreed upon by both Parties.
8. Limitations of Coaching
Client understands that the Coach is not a mental health, medical, or health professional. Client agrees that coaching is not to be used as a substitute for professional advice by mental health, medical, health, or other qualified professionals. Client agrees to seek professional guidance for mental health, medical, health, or other matters.
If the Client feels the need for professional advice or counseling, it is the Client’s responsibility to seek a licensed professional or therapist. The Coach may make recommendations to outside resources that are not covered in this agreement. It is up to the Client to research and determine their own use or non-use of the recommended outside resources.
9. Communication
Client gives consent to using online cloud-based documents, text, emails, or any other online software to sometimes transmit possible sensitive information. Client acknowledges the risks involved and waives any rights against the Coach for errors or issues arising from these transmissions. No sensitive (password, credit card, login, etc.) information should be shared in any online system, form, text, or email.
10. Results and Guarantees
Results of the Retreat can and do vary. The Coach makes no guarantees. Any testimonials and examples used do not guarantee that anyone will achieve the same or similar results. The Client’s success depends on many factors, including but not limited to, their background, dedication, resources, desire, motivation, openness, willingness, and ability to implement, understand and utilize processes and tools provided.
11. Confidentiality
The Client image and specific personal information discussed or provided during coaching sessions and Retreat will be kept strictly confidential unless the Client gives explicit written approval, except as required by law.
Client gives the Company permission to reference general information anonymously from conversations for coaching, training, or marketing purposes so long as no information is given that would reveal the identity of the Client unless the Client specifically agrees to it.
12. Intellectual Property
Client agrees that all tools, processes, and documents provided by Coach are the intellectual property of Coach. Client agrees not to share these resources in any manner with any other parties.
13. Audio and Video Recording
Under Alaska state law, parties must consent to any voice or video recording. Coach generally does not record coaching sessions. However, should Client wish that a session be recorded, Client may make that request, and Coach will accommodate the request if and where possible.
Client acknowledges that this is for Client’s own personal review and cannot be used for any other purposes. Coach agrees that the recordings will not be used for any public purpose unless Client gives explicit written approval. Both parties agree that these recordings are strictly confidential and may not be used in any manner during or after for litigation purposes.
14. Payments, Chargebacks, or Disputes
By signing this Agreement, Client acknowledges and affirms that:
A. No Significant Financial Burden. Payment for this Retreat will not place a significant financial burden on Client or Client’s family.
B. Non-Refundable. Retreat Deposit fees paid by Client are non-refundable. Client acknowledges the Cancellation Policy in Sections 3 and 4 above.
C. Retreat Investment Responsibility. Client understands that they are responsible for the entire Retreat Investment to the Company regardless of the Client’s level of involvement throughout the course of the Retreat. All payments under this Agreement must be made as scheduled by Client to remain in good standing and continue receiving Retreat components.
D. Client is responsible for any extra charges or fees Client may incur due to any cancellation reason.
E. Authorization of Payment. Client authorizes the Company to charge their credit/debit card, cash their check, or process online banking transactions as outlined in this agreement. If more than one (1) payment is to be processed, Client’s signing of this Agreement authorizes all future payments made.
F. Payment Plans. Payment plans are offered as a courtesy to clients and do not constitute an installment contract. The Company may enter into a payment plan with Client to allow Client to make scheduled periodic payments.
G. Waiver of Right to Chargebacks/Cancelling Credit or Debit card/disputes. Client agrees to waive their right to process chargebacks with their credit/debit card company or cancel their credit/debit card until all payments have been processed to cover the entire Retreat. Client agrees that all payments made via a Credit or Debit Card or Zelle are valid and waives the right to dispute a charge with their financial institution, or ours. Should Client dispute a charge resulting in a chargeback to the Company and the holding of funds until the matter is resolved, Client will be responsible for legal fees, overdraft fees, chargeback fees, and any other expenses as a result of this dispute. Additionally, the Company reserves the right to cancel the Retreat.
H. Change in Payment Method. Payments processed under a payment plan must utilize the terms agreed to in this agreement. Client can request a change in payment method, including a change in credit/debit card, or a change in payment dates and any requests must be communicated in an email to Coach’s email address on Page 5 of this Terms of Service at least 25 days before next scheduled payment.
I. Credit Card Decline. In the event credit card charges are declined, The Company will contact the Client regarding their delinquent account. If after four (4) days, the matter is not resolved, The Company reserves the right to stop the Retreat until the account is brought current. Client is responsible for all charges or fees the Company incurs due to Client’s credit card issues.
15. Legal Disclaimer
A. Client understands that Coach provides a holistic approach to coaching. As such, the parties may discuss, through the comprehensive process, areas of their life that can include but not limited to; personal finances, risk management, health, relationships, education, and recreation.
B. Client agrees it is the Client’s responsibility for making their own choices, actions, and therefore all results when incorporating the coaching principles into their life.
C. Except as prohibited by law, the Coach or the Company, shall not be liable to the Client or to any other person or entity for any general, punitive, special, indirect, consequential, or incidental damages, costs, or results arising out of the Coach’s services, including attorney’s fees and related expenses of litigation, mediation, and arbitration. To the extent there is liability found as to the Coach, such recovery is limited to the amount the Client paid for services.
D. Client acknowledges that coaching is not to be used as a substitute for any professional advice by counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, health, or any other qualified
professionals and does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed.
E. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
F. Jurisdiction: The Parties agree that any dispute that may arise as related to this Agreement will be brought to a court within Anchorage Borough, Alaska.
G. No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and for only that time and to the extent therein stated.
H. In the event of a dispute between the Parties, the Parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage or cast in a negative light the other. This non-disparagement provision shall survive the termination or expiration of this Agreement.
I. If any provision of this Agreement shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Agreement, and all remaining provisions shall continue in full force and effect.
16. Client Agreeance (in everyday language)
❖All Deposits are non-refundable
❖Client acknowledges they have read and Client accepts the Cancellation Policy in Sections 3 and 4 above
❖Airfare to/from Anchorage, Alaska is Not Included
❖Client agrees to purchase Travel Insurance that covers the Retreat Cost
❖ Client accepts all responsibility for all activities Client chooses to participate in during the Retreat
❖None of the coaching/transformation discussions constitute medical, therapeutic, or other professional advice.
❖All actions that the Client takes during the Retreat and coaching/transformation discussions are taken voluntarily. Because the Client chooses to take them, the Client understands that they are responsible for creating their own results and their own experiences.
❖Coach and the Company shall have no liability or responsibility for any actions of the Client taken (or not taken) in connection therewith.
By Scheduling an appointment, I, the Client, understand and agree to the Terms of Service Agreement outlined in this document.
Contact Us
Cathy Orten and Lily Rene LLC welcome your questions or comments regarding the Terms of Service: Email Address: Cathy@CathyOrten.com
Lily Rene LLC Copyright © 2022-2023 Beyond Your True Calling Retreats - All Rights Reserved.
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