Group Coaching Terms & Conditions

We are thrilled to have you as part of our Flourish: Thriving Beyond Cancer Coaching Program and can hardly wait to see the transformation that is about to take place!

 

It is important that we begin this relationship with a clear understanding of how we will work together in order to work towards achieving your goals.  Please review these Terms & Conditions (“Terms”) very carefully.  By participating in the Flourish: Thriving Beyond Cancer Coaching Program, you are agreeing to and are expressing that you have been given reasonable access to review these terms prior to your participation. These Terms are binding as of the date you purchase or access our products and/or services.  Of course, we are happy to clarify anything or answer any questions you may have.

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General Purpose
These Terms are between you (“Client,” “Participant”, “you,” “your”) and Sally Pechstein (“Coach,” “we,” “us,” “our”) for the purpose of participating in the Flourish: Thriving Beyond Cancer Coaching Program (the “Program”) whether through the Coach’s website at www.evolvewithsally.com or any related domains or subdomains (the “Website”), video or audio conferencing platforms, telephone, or in person. The Coach and the Client will collectively be referred to as “Parties,” and each individually as a “Party.” 

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By clicking “ENROLL NOW,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or subscribing through the Website, or otherwise enrolling in the Program, you are agreeing to adhere to and be bound by following terms and conditions, together with our Privacy Policy, all of which are hereby incorporated by reference ( the "Terms"):

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Scope of Services
The Flourish: Thriving Beyond Cancer Coaching Program will begin on the date indicated in the Welcome Email you will receive after the first payment is made.  The Program will consist of the following:

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• Welcome Email with Coaching Program overview and any other documents, materials, and instructions prepared by the Coach to support you throughout this Program;

• 2 30-minute private coaching sessions (to be scheduled by the Client);

• 1 60-minute kick-off private coaching session (to be scheduled by the Client);

• 9 60-minute group coaching sessions as scheduled by the Coach;

• Access to program’s private community.
   

Payment + Billing

Participant agrees to pay the program fee as listed on the program’s checkout page or sales page at the time of enrollment. By completing checkout, Participant acknowledges and accepts that fee. Additionally, by providing the Coach with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Coach to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Program, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Coach in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited time trial-period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service. Unless otherwise indicated, all Fees are in USD.

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Client’s Responsibilities

In order to get the most out of the Program, you understand and agree that:

1. Because Group Coaching Sessions require the participation of more than one client, sessions will begin on time, every time. You should plan to join the Coaching Session at least five (5) minutes prior to the scheduled start time through the video conference link provided by us.

2. Because Group Coaching Sessions involve other participants, they cannot be rescheduled.  If you are late for or miss a Coaching Session, we are unable to make up for the time missed.

3. We may assign homework for you to complete prior to a Coaching Session.  Completing your homework in advance will greatly enhance your experience and participation during the Session.
    

Coach-Client Relationship

A coaching relationship is a partnership between two or more individuals or entities. This relationship is not a legal partnership, but rather more like a teacher-student or coach-athlete relationship. Each Party must uphold its obligations for the coaching relationship to be successful.

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By enrolling in this Program, the Client acknowledges that he or she understands and agrees that these coaching sessions are not psychological counseling, relationship counseling, medical advice, or any other type of counseling or therapy sessions. If the Client feels that they need professional counseling or therapy, or medical assistance, it is their responsibility to seek the help of a licensed professional.

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The Client acknowledges and agrees that coaching is a comprehensive process that may explore different areas of the Client’s life, including work, finances, health and relationships, but it is ultimately the Client’s decision how the Client incorporates coaching into each aspect of life. The Client is solely responsible for implementing the techniques discovered through coaching.

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Office Hours + Coaching Communication

We are generally available from Monday-Friday 9 a.m. to 5 p.m. MST.  All communication for Coaching will be done through the Client Portal or email. Because we cannot monitor other channels of communication, such as social media direct messages, for our coaching clients, we will use the above methods of communication exclusively for all coaching clients.

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Communication Between Sessions

If you need additional support outside of Coaching Sessions, we are happy to connect.  Separate 1-on-1 calls can be scheduled at a special discounted rate for Program participants of:

• $120 for a 1-hour session;

• $160 for a 1.5-hour session; or

• $210 for a 2-hour session.

 

License for Use

By purchasing the Program through our Website, you are agreeing to the Group Coaching Terms and Conditions and, in return, we are providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) for you to participate in the Program by yourself only. Sharing, copying, reproducing, modifying, publishing, selling, or otherwise distributing any Program Materials (the “Materials”), whether publicly or privately, is expressly prohibited. You may, however, copy or print instructional materials, information, and guides within the Materials for personal use, provided that all original formatting, copyright and trademark notices, and branding remains intact. Your limited license allows you to access the Program and use any associated materials for yourself only. 

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Intellectual Property

We own and retain all rights, titles, and interests in and to the Program and Program Materials.  Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you. Permission to alter or modify the Materials in a way that is consistent with these Terms does not grant you intellectual property ownership or the right to modify the Materials beyond these conditions, and in no way expands the limited license provided upon purchase.

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Independent Contractor Status

Our working relationship with you is one of an independent contractor and is not to be misconstrued as formal employment or a business partnership in any venture.  As your Coach, we fully understand that we:

• Are solely responsible for paying all necessary taxes and handling withholdings where applicable according to the tax information you may provide to us.

• Are not entitled to any of the benefits of an employee.

• Do not have and may not present ourselves as having the authority to enter into contracts on behalf of the Client.

• May not make any agreements or representations on your behalf.

• Must comply with all applicable laws and regulations in delivering the Program.

 

Other Business Activities

You understand and agree that this is not an exclusive relationship, and that we have the right to provide coaching to other clients during the Term of these Terms as long as it does not hinder us from delivering the Program to you and does not introduce any conflict of interest.  

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Coach’s Warranties

By signing these Terms, we are communicating that we have the right to enter into these Terms and are not violating any other contractual agreements in doing so.

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Confidentiality

In order to get the maximum benefit from participating in the Program, each participant may want to share some information that is not available to the public, confidential, or proprietary in nature (collectively, the "Confidential Information"). Both the Coach and the Participant agree to: 

1. Protect and safeguard the Confidential Information disclosed or otherwise made known to us; 

2. Use the Confidential Information only in connection with the Program;

3. Refrain from using the Confidential Information in any way that would be detrimental to any participants;

4. Only disclose the Confidential Information to our employees or other designees on a need-to-know basis.

 

Both Parties understand and agree that the obligations under this provision will survive termination of these Terms by either party.

 

BE ADVISED: The Coach-Client relationship is not a relationship protected by legal confidentiality (like doctor-patient or attorney-client). As such, the Coach could be required to divulge otherwise Confidential Information to authorities.

 

Consent to Use

By submitting reviews, images, comments, testimonials, or tags (“Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms. 

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Disclaimer

Group Coaching is a professional relationship in which we work with a number of clients in a group setting, facilitating discussions around goal setting, identifying possible areas of improvement, sharing experiences, and providing a forum for gaining clarity in working toward improvement in those areas.

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Group Coaching is distinct from consulting in that the purpose of coaching is to facilitate the Client’s creative and strategic process, while the purpose of consulting is to provide specific advice, strategy, or assistance.  While the Program may address or uncover certain roadblocks that are impeding the Client’s progress toward achieving your goals, under no circumstances will the Coach provide therapy nor give psychological, medical, financial, legal, or other advice that may require specialized training and/or licensure.  As such, we will not be responsible for any damages that result from your participation in the Program.

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Health/Wellness Disclaimer

The health, fitness, lifestyle, and nutritional information we offer in Flourish: Thriving Beyond Cancer is designed for educational purposes only. None of this information is a substitute or replacement for professional medical advice, diagnosis, or treatment. We are not responsible for adverse reactions, effects, or consequences resulting from the use of any regimens, recipes, or suggestions provided or in the Program.  The use of any information provided or in the Program is solely at your own risk.

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Recommendations for optimal health, fitness, and nutrition evolve with informational, medical, and scientific developments.  As such, we cannot guarantee that all of the recommendations included or in the Program will always be based on the most recent developments in those particular areas.

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We strive to ensure that any information we share from third-party sites or sources (“Third-Party Material”) is accurate.  Any Third-Party Material is shared for informational purposes only and we are not liable for any losses or damages that may occur through your use of or reliance upon Third-Party Material we share.

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Certain health-related material included in Flourish: Thriving Beyond Cancer may be objectionable to some audiences.  Please do not use this Site or participate in the Program if you would find these materials offensive.

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You are solely responsible for the manner in which you perceive and utilize information provided or in the Program and do so at your own risk.

 

Nutrition Information /Group Setting

The nutritional information in Flourish: Thriving Beyond Cancer is provided by a Registered Dietitian Nutritionist.  However, dietary requirements and restrictions are highly individualized, and therefore all nutritional recommendations given outside of one-on-one consultation sessions is for informational purposes only, and is not intended as a personalized nutrition plan.

 

Nutrition Information /Individual Sessions

The nutritional information in Flourish: Thriving Beyond Cancer is provided by a Registered Dietitian Nutritionist, not by medical doctors, and therefore cannot and do not diagnose or treat disease.  You assume full responsibility for consulting a qualified healthcare professional before undergoing any dietary or food supplement changes.  Dietary requirements and restrictions are highly individualized, and therefore nutritional recommendations are only provided following one-on-one consultation and adequate understanding of an individual’s concerns and health conditions.  You agree to disclose any and all known medical or genetic conditions as well as prescribed pharmaceutical therapies and/or other treatments, significant past medical history, and family history.  You understand that individualized recommendations are offered on an educational basis only.  You assume full responsibility for all risk, injury, and damage resulting from recommendations that you choose to follow, including diet, meal plans, and food supplements.

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You agree to consult a qualified healthcare professional if you (or your family) have a history of health problems such as high blood pressure, high cholesterol, diabetes, or other conditions that could be made worse by changes in diet.  If you experience changes in blood chemistry like elevated blood sugar or cholesterol at any time while following the recommendations provided or in the Program, you agree to consult with your healthcare provider immediately.

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You understand that nutritional information provided for recipes included in Flourish: Thriving Beyond Cancer is provided as a courtesy and is estimated based on specific ingredients used.  You understand and agree that these figures are only estimates and can vary based on product type, brand, portion, flavor, and other factors for each ingredient, as well as the specific nutritional calculator utilized.  You assume sole responsibility for adjusting nutritional information based on the ingredients and tools available to you.

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Results and Assumption of Risk

While we make every effort to ensure that we accurately portray realistic results you can expect from following Flourish: Thriving Beyond Cancer, you understand that individual results will vary based on your starting point, abilities, overall health, dietary restrictions, motivation, and other factors.  You understand that results are not guaranteed, and you accept the risk that your results may differ from expectations.  You further understand that we cannot guarantee that any results achieved in the Program will be maintained after discontinuing the Program. You understand that the results conveyed in or during the Program are done on a case-by-case basis and may not represent typical results from the Program.

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You understand and agree that use of any third-party products or services recommended by the Company is done at your own risk, and that we are not liable for any injuries or damages that occur as a result of their use.

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Indemnify + Hold Harmless

You, your heirs, and representatives agree to indemnify and hold harmless the Company from any damage, liability, loss, cost, or expense including attorney’s fees which may arise as a result of your participation in Flourish: Thriving Beyond Cancer, whether due to negligence of the Company or otherwise.

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Release

You recognize the inherent risks associated with participating in Flourish: Thriving Beyond Cancer. You release, waive, discharge, covenant not to sue the Company, and thereby accept full responsibility for damages including injury, permanent disability, or death, arising from your participation in the Program, whether caused by the negligence of the Company or otherwise.

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Voluntary Participation

You agree that you are enrolling in Flourish: Thriving Beyond Cancer voluntarily and of your own free will, without further inducements or promises from the Company. You acknowledge and agree that you have the legal capacity and competence to enter into and fully intend to be bound by this Agreement.

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No Warranties + No Guarantees

We are offering this Program on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms.  The Coach makes no warranty as to the accuracy and reliability of information set forth in the Program, the Website, and Program-related materials.  You understand and agree that participating in this Program does not guarantee specific results, including financial or other business gains for you personally and/or for the business. Program materials are provided for informational purposes only and you are responsible for implementing any practices or suggested actions based on the Program.

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Return Policy

When you pay for this Program, you are paying for:

•  An in-depth analysis of your personal situation;

• Onboarding into the Program;

• Us foregoing our ability to work with other clients; and,

• The work we perform with you during the Program.  

 

We take your investment seriously, and we’d appreciate it if you took our investment into your success seriously too. That said, if within 14 days of enrollment you decide your purchase was not the right decision for you, you can request either a full refund or a one-time deferral to a future cohort of the Program. To request a refund or a deferral within this window, please contact us at connect@evolvewithsally.com and let us know you’d like a refund by the 14th day at 23:59 MST.

 

Deferrals to later cohorts must be used within 12 months from the original purchase date. After that, the unused deferral will be forfeited and no refund will be issued.

After the 14-day window, you are responsible for full payment of the fees for the Program regardless if you complete the Program.

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Payment Plan

You are required to complete all payments for the period you committed to at the time of purchase. If any payment is returned unpaid or the payment method is rejected during the period, the Coach or its service providers reserve the right to collect any applicable fees as permitted by law. If you fail to make any payment on time and fail to correct such missed payment within 10 days, the Coach is permitted to cancel your participation in the Program by providing written notice at the email address provided by you. Upon cancellation, you agree and promise to pay the Coach a cancellation fee as damages equal to (i) the amount of any missed payments, plus (ii) 50% of the remaining amounts due under the Agreement. The cancellation fee is due immediately, and the Coach is authorized to use any credit card or bank account on file to collect such fee. The Coach will have no further obligations to perform under these Terms following cancellation.

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Chargebacks

By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Coach. We have the right to present these Terms to your financial institution, any payment processing product and/or investigating agency concerning the attempted chargeback or financial dispute.  

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Promotions + Discounts

We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Program. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Program prior to any associated Promotions, we are unable to honor the new offer.

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Age Limitations

You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase.  By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.

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Changing Terms

We reserve the right to update and revise these Terms at any time without notice to you.  Your continued participation in the Program and use of the Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.

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Privacy + Protection of Personal Information

We respect your privacy and are committed to protecting it.  We may use certain information that we collect from you to operate Evolve With Sally and provide our Program.  Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of the Program through the Website and how we use your Data.

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Error in Store Presentation

We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors.  However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Program prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.

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Termination of Use

We may terminate your account or restrict your use of the Website and/or participation in the Program at any time for any reason.  Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The Coach may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Client.

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Limitation of Liability

The Coach is in no way liable to the Client or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Client was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. 

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

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Maximum Damages

Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Program you have purchased through the Website.

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Binding Arbitration

In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in New Mexico. If the arbitration is unable to move forward in the designated jurisdiction, the Coach will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

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Choice of Law

These Terms and the Parties’ relationship are governed by the laws of the State of New Mexico. In the event of conflicting laws, the laws of New Mexico will control.

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Notices

We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Coach by email to Sally Pechstein at connect@evolvewithsally.com. Notices provided to the Coach via email will be effective upon actual receipt of the notice.

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Severability + No Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Coach.

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Transfer + Assignment

You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Coach. 

 

Force Majeure

To the extent that any failure or delay in our delivery of the Program under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms.  Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.

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Headings for Convenience Only

The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

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Entire Agreement + All Rights Reserved

In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of the Program and the use of the Website. The Coach reserves any and all rights not expressly granted in these Terms.