Terms and Conditions

Coaching Services Terms and Conditions

The TriFocal Advisor

By visiting “The TriFocal Advisor Coaching Booking page” here: https://thetrifocaladvisor.com/the-trifocal-advisor-booking-page/, selecting one of our Personal Coaching Packages, and submitting a purchase order and payment, you (the “Client”) are entering into a legally binding agreement (the “Agreement”) with The TriFocal Advisor (the “Coach”), and agree to be provided with personal coaching services by the Coach, subject to the following Agreement terms and conditions:

1. Engagement of Coach. Client agrees to engage the Coach to render the coaching services set forth in the Personal Coaching Service Package selected, ordered and purchased by the Client. See section 2 of this Agreement.
2. Personal Coaching Service Packages.
   For individual coaching services, there are two coaching packages to select from:

a. The Six Month Motivator.
This package is appropriate for executives/clients looking to make a select number of changes within a defined timeframe. The package includes 13 virtual sessions: 1) Initial session scheduled for 90 minutes and 2) 12 bi-weekly sessions at 60 minutes each.
b. The Annual Amplifier.
The extended package is geared towards executives/clients who are looking to address multiple areas and are looking for an accountability partner over a longer timeframe. This package includes 23 virtual sessions: 1) Initial session scheduled for 90 minutes and 2) 22 bi-weekly sessions at 60 minutes each.

3. Prices.
   a. Personal Coaching Service Package prices are displayed on The TriFocal Advisor Website at the time of purchase. All prices displayed on our Website are in U.S. dollars unless otherwise indicated.
   b. All applicable taxes and other charges are additional and are the Client’s responsibility.
   c. We reserve the right in our sole discretion to change prices at any time and without notice.
4. Payment
   a. For any purchase, you agree that by providing The TriFocal Advisor’s third-party secure payment portal (i.e. PayPal) with your method of payment information, you authorize us to charge you for the Personal Coaching Service Package purchase. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information.
   b. You agree that we may charge you, and you will pay to The TriFocal Advisor, any fee or penalty that is assessed or charged to us for a “Chargeback” resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
5. Cancellation Policy. If the Client wishes to reschedule a coaching session the Client must provide the Coach with at least 48 hours advance notice. Rescheduling of a Session is subject to the availability of the Coach. If you fail to reschedule a session at least 48 hours in advance of the scheduled date, or fail to attend a scheduled session (a “Missed Session”), you will forfeit the Missed Session as if it had been used. If the Coach deems that exceptional circumstances caused the Missed Session, the Coach may, in their sole discretion, provide an opportunity for the Client to schedule and attend a substitute session to make-up the Missed Session. The offer to reschedule is strictly subject to the availability of the Coach and must be rescheduled within 14 days of the Missed Session.
6. Termination; Refund Policy.
   a. Provided that the Client has not used any Program Session, the Client may cancel this agreement by written notice to Coach within five (5) calendar days from the date this Agreement is executed (“Rescission Period”) for a full refund of any initial payment made by the Client. Thereafter the Client may not terminate the agreement at any time and shall not be eligible for a refund of any fees paid to the Coach.
   b. Coach retains the right to terminate this Agreement for Client’s failure to follow directions, or for conduct that, in the opinion of the Coach, is dangerous or contrary to the purposes of the Program or this Agreement. In the event that the Coach terminates this Agreement for the reasons stated in this section, the Client shall not be eligible for a refund of any fees paid to the Coach.
   c. In the event that the Coach is not able to perform the services set forth in the Personal Coaching Service Package selected by the Client, the Coach may terminate this Agreement immediately by providing the Client written notice, and shall refund to the Client a sum equal to any unused prepaid fees. The Client agrees that the Coach shall not be liable for any other refunds or damages, and the parties shall owe no further obligation to each other.
7. Confidentiality.
   a. Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary information and materials of the other party, including the terms and conditions of this Agreement, (“Confidential Information”). With regard to the Client’s Confidential Information, this may include, without limitation, Client’s name, address, telephone or mobile phone number, email address, other Personally Identifiable Information or background information.

b. Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under this Agreement and as may be required by a court or governmental authority.

c. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.

8. Indemnification. Each party agrees to indemnify, defend and hold harmless the other party and its employees, agents, officers and directors, against third party claims, causes of actions, judgments, demands, damages, losses or liabilities (including reasonable attorneys fees), arising out of any breach of any representation, warranty or obligation contained in this Agreement.
9. Disclaimers.
   a. General. Client understands that all comments and ideas offered by the Coach are solely for the purpose of aiding Client in achieving their defined goals. Client is solely responsible for creating and implementing their own mental, emotional and physical well-being, decisions, choices, actions and results arising out of, or resulting from, the coaching relationship and the coaching sessions and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not medical or psychological advice or therapy and is not a substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

b. Medical and Professional Advice Disclaimer. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by medical, legal, financial, tax or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. 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. Client agrees to promptly and fully disclose to Coach any condition or impairment which may have a harmful effect on, or be impacted by a coaching program. The Coach may, in their sole and independent discretion, elect to discontinue the coaching program because of any condition which presents an adverse risk or threat to the health or safety of the Client or the Coach.

c. No Guarantee or Warranty. No express or implied warranties or representations are made. Results of the Program will differ for Clients based upon various factors including without limitation, desire, commitment and participation, and no guarantees of results are possible. There is no guarantee that you will experience the same results as others who have participated in The TriFocal Advisor coaching program. Client understands that the Coach is not promising outcomes, benefits, or results that will be achieved included but not limited to a feeling of happiness, wellness, satisfaction or increased business clientele, profitability and or business success.

10. Limitation of Liability.
    a. Notwithstanding any other provision set forth herein, neither party shall be liable for any indirect, special, and/or consequential damages, arising out of or in connection with this agreement. The liability of a party, whether based on an action or claim in contract, equity, negligence, tort, or otherwise for all events, acts, or omissions under this agreement shall, in the aggregate, not exceed $100. This section shall survive the termination of this agreement.
    b. You and we agree that any cause of action arising out of or related to our services, including our coaching service packages, must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
11. Release. Client hereby releases, waives, acquits and forever discharges The TriFocal Advisor, any owner, member, shareholder, agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages that Client may claim to have, or that Client may have arising out of acts or omissions by themselves, or by the Coach, as a result of the advice given by the Coach or otherwise resulting from the coaching relationship that is the subject of this agreement.
12. Independent Contractor Relationship. The relationship of the Coach to the Client will be that of an independent contractor, and neither the Coach nor any employee of the Coach will be deemed to be employee of the Client.
13. Mutual Non-Disparagement. The Client and the Coach agree that neither Party shall disparage or damage the other’s reputation, name or status, and further that the Client shall not disparage or defame the reputation, name or status of any of the Coach principals, employees, members, managers, officers, directors and shareholders in any manner, whether verbally or through any other form of media, including, without limitation, social media.
14. Severability. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and, in such event, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision.
15. Jurisdiction; Choice of Law; Venue. This Agreement and any action related to it will be governed, controlled, and interpreted by and under the laws of the State of New York, without giving effect to any conflicts of laws or principles that require the application of the law of a different state. Any disputes under this Agreement may be brought in the state courts and the Federal courts for the county in which the Coach maintains its principal place of business, and the parties hereby consent to the personal jurisdiction and exclusive venue of these courts.
16. Dispute Resolution.
    Client and The TriFocal Advisor agree that any claim or dispute at law or equity that has arisen, or may arise, between Client and The TriFocal Advisor (including any claim or dispute between Client and a third-party agent of The TriFocal Advisor) that relates in any way to or arises out of this or previous versions of this Agreement, Client use of or access to the Services, the actions of The TriFocal Advisor or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
    a. Applicable Law. Client agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between Client and The TriFocal Advisor, except as otherwise stated in this Agreement.
    b. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” Client agree that any and all disputes or claims that have arisen or may arise between Client and The TriFocal Advisor, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that Client may assert individual claims in small claims court, if Client claims qualify. Client agree that, by entering into these Terms, Client and The TriFocal Advisor are each waiving the right to a trial by jury or to participate in a class action. Client rights will be determined by a neutral arbitrator, not a judge or jury. If Client resides in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
    c. Pre-Arbitration Dispute Resolution. We at The TriFocal Advisor believe that most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@thetrifocaladvisor.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to The TriFocal Advisor should be sent to the address provided in the Contact Us section at the end of these Terms of Service (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If The TriFocal Advisor and Client do not resolve the claim within sixty (60) calendar days after the Notice is received, Client or The TriFocal Advisor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by The TriFocal Advisor or Client shall not be disclosed to the arbitrator during the arbitration proceeding.
    d. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless The TriFocal Advisor and Client agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by the AAA and the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
    e. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
    f. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. The remainder of the Terms of Service will continue to apply.
    g. Judicial Forum for Legal Disputes. Unless Client and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to Client or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, Client agree that any claim or dispute that has arisen or may arise between Client and us must be resolved exclusively by a state or federal court located in the State of New York in and for the County in which The TriFocal Advisor has established its principal office. Client and we agree to submit to the personal jurisdiction of the courts located within the State of New York for the purpose of litigating all such claims or disputes. Client also agree that: (i) our Services shall be deemed solely based in the State of New York; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of New York.
17. Attorney Fees. In the event of litigation brought by any party to enforce the terms of this Agreement, the substantially prevailing party, in addition to any and all other rights and remedies, will be entitled to recover all of its reasonable costs of litigation from the non-prevailing party, including but not limited to all reasonable attorney’s fees.
18. Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, riots, acts of government, public health emergency conditions or any other cause beyond the reasonable control of such party.

CONTACT US:
If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding these Terms and Conditions, please contact us at info@thetrifocaladvisor.com or mail us here:

The TriFocal Advisor
5 Main Street, Suite 534
Tarrytown, NY 10591

Last updated: June 1, 2021