TERMS & CONDITIONS

Effective Date: 06/01/2020

Please read carefully. By purchasing this service you (herein referred to as “Client”) agree to the following terms stated herein.


SERVICE


SU LAZO (herein referred to as “Coach”) agrees to provide the coaching service(s) (herein referred to as “Service”) identified in online commerce platform. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Service.


NO EMPLOYMENT


Neither party is by virtue of this Agreement authorized as an agent, employee, or legal representative of the other. Neither party shall have the power to control the activities and operations of the other and its status at all times will continue to be that of an independent contractor relationship.


NONEXCLUSIVITY


Coach may be engaged or employed in any other coaching business, trade, profession, or other activity which does not place Coach in a conflict of interest with the Client. Client hereby explicitly acknowledges and agrees that Coach may be engaged or employed with any other business or industry, including, if applicable, Client's direct competitors.


COACHING TERMS


A coaching relationship between two Parties is essentially a relationship whereby the Coach assists the Client in meeting the Client's potential within the areas the coaching relationship is meant to focus on. Client hereby acknowledges and agrees:

  1. Any educational materials received is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Coach assumes no responsibility for errors or omissions that may appear in any educational materials;

  2. Client is solely and exclusively responsible for the choices that Client makes with regard to this coaching relationship, as well as the Coach's recommendations and input;

  3. Client is solely and exclusively responsible for Client's own mental health, physical health, business decisions, and any other actions or inaction Client chooses to take;

  4. Client acknowledges that results experienced by each client may significantly vary and is dependent on the client’s unique background, financial situation, motivation, skills, time and effort, among various other factors;

  5. Client acknowledges there is no guarantee that Client will reach their goals as a result of Client's relationship with Coach; 

  6. Coach is not liable for any result or non-result or any consequences which may come about due to Client's relationship with Coach;

  7. Coach makes no representations, warranties or guarantees verbally or in writing;

  8. Coaching is not a therapeutic relationship or a medical one. Coach may not provide therapy or medical services and Client is responsible for procuring these services at Client's own will and discretion if needed.


FEES


Service must be paid for prior to being rendered using the online commerce platform.


CANCELLATION & RESCHEDULE


Client or Coach may, from time to time, need to cancel or reschedule any of the coaching appointments. If Coach is responsible for the reschedule, Coach will become available to Client as the soonest possible opportunity within ten (10) business days. If Client is responsible for the cancellation or reschedule, Client agrees to notify Coach no less than 24 hours prior to the scheduled appointment. The Parties will then attempt to reschedule the meeting in good faith.


REFUND POLICY


Client shall not be entitled to any refund after Service rendered nor for cancelled appointments. Additionally, Client shall not be entitled to any refund if Client fails to attend a scheduled or rescheduled appointment.



CONFIDENTIALITY


The existence of this coaching relationship, as well as any information that Coach receives from Client, are to be fully and completely confidential under the terms of this Agreement. Client hereby acknowledges and agrees, however, that a Coach-Client relationship is not considered a legally confidential relationship and therefore communications between Coach and Client are not subject to any legal confidentiality requirement or privilege. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Coach’s publicity or privacy rights. Furthermore Client will not reveal any information to a third party obtained in connection with this Agreement or Coach’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Coach will not, at any time, either directly or indirectly, disclose confidential information to any third party. 


Confidential information under this Agreement shall specifically not include the following categories: (1) information that is generally known to the public or known to Client's specific industry, (2) information freely given by Client to any third-party; (3) information received by Coach from any source that is not Client; (4) information in Coach's possession prior to this contractual Agreement; (5) information developed independently by the Coach; (6) information which is received by the Coach from the Client but that may imminently harm the Client or another individual; or (7) information about any illegal activity.


INTELLECTUAL PROPERTY


Coach and Client agree that all inventions, trade secrets, confidential and/or proprietary information, and work-product conceived, created or developed by each of the Parties, respectively, will be the sole and exclusive property of the Party to whom the information originally belonged. There shall be no transfer of intellectual property through this Agreement.


All copyrights, patents, trademarks, or other intellectual property shall stay with the original Party owner.


SEVERABILITY/WAIVER


If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.


LIMITATION OF LIABILITY


Coach's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by the Client to the Coach. To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.


INDEMNIFICATION


Coach and Client shall each defend, indemnify, and hold the other harmless (including all affiliates, officers, directors, employees, agents, successors, and assigns) from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys' fees) arising out of or resulting from bodily injury, death of any person, or damage, real or intangible, to personal property resulting from the other's acts or omissions or the breach of any representation, warranty, or obligation under this Agreement.


DISPUTE RESOLUTION


In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the Governing Law provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Hawaii. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Coach will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.


GOVERNING LAW


This Agreement shall be governed by and construed in accordance with the internal laws of Hawaii without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Agreement or the Services provided hereunder: Honolulu, Hawaii.


ASSIGNMENT


Client may not assign this Agreement without express written consent of Coach.


MODIFICATION


Coach may modify terms of this agreement at any time. All modifications shall be posted on the Coach’s website and purchasers shall be notified.


FORCE MAJEURE


Coach is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.


DUTY TO READ


I accept that under this agreement, I have a duty to read this terms of participation policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.