BY USING THIS WEBSITE, YOU AGREE ON THE FOLLOWING TERMS.
These Website Standard Terms and Conditions written on this web page shall manage your use of this website. These Terms will be applied fully and effectively to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Other than the content you own, under these Terms, The Performance Zone and its licensors own all the intellectual property rights and materials contained in this Website.
You are granted a limited license only for purposes of viewing the material contained on this Website.
This terms and conditions govern the contractual agreement between the coach and the client who agrees to be bound by this terms and conditions.
WHEREAS, the Coach is trained in Neuro-Linguistic Programming or a Communication code consultant ™
Using NLP principles techniques within; and WHEREAS, the Client would like to engage the Coach in the coaching services offered by the Coach, according to the terms and conditions herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Coach and the Client covenant and agree as follows:
NATURE OF SERVICES. The coaching services offered by The Performance Zone entail an ongoing relationship between the Coach and the Client (the “Coaching”). Though the Coaching may vary based on the Client’s needs and progression, the nature of the Coaching shall generally encompass the following:
Weekly meetings, lasting 45-60 minutes apiece, either in person at a mutually agreed upon location or over the telephone;
Before the meeting, the Client shall email a brief preparation form which shall act as a roadmap for the discussion;
Other topics of conversation may include personal updates, progress summaries, and any other areas that which the Client would like to discuss;
Should an unforeseen event require rescheduling, the Client must notify the Coach at least twenty-four (24) hours before the scheduled time the meeting is set to begin;
Any missed session for which the Client does not notify the Coach of such cancellation or rescheduling at least twenty-four (24) hours before the scheduled time the meeting is set to begin shall be deemed forfeited.
Any session for which the Coach and the Client are not able to meet because of an error with the Client’s equipment (e.g., Skype, telephone, WhatsApp, and other social platforms.) shall be deemed forfeited by the Client.
Each Coaching session must be paid for in full before the start of the said Coaching session. If a Client’s debt is not fulfilled before the start of a scheduled Coaching session, the meeting shall be deemed forfeited by the Client, and the fee owed to the Coach shall remain for that canceled Coaching session.
Acknowledgments AND AGREEMENTS.
The Client understands, acknowledges, and agrees to the following regarding the Coaching:
The Coaching is designed to help mentally and physically healthy people. Any person with a severe mental or physical issue should seek the advice of a doctor or psychiatrist.
This type of Coaching is not therapy – to reiterate the previous point, the Client should seek the advice of a doctor or psychiatrist if his or her condition dictates.
The Coach may refer the Client to professionals if, in the Coach’s best judgment, it will be beneficial toward the Client’s success and growth.
Success is heavily dependent on the Client committing to and following the program laid out by the coach. Coaching services like those contemplated in this Agreement are only useful if the Client is motivated and engaged. The Client benefits best from an honest relationship with the Coach. Cooperation and an open mind are paramount to the Client’s success.
The Client understands the nature of Neuro-Linguistic Programming (“NLP”) programs.
The relationship between the Coach and the Client is a professional one, beyond that of friendship, and the nature of the link should be maintained throughout the Coaching.
If any third party should make payments the Coach on behalf of the Client, the Coach shall still act with only the Client’s best interests in mind. The party making said payments should have no bearing on the judgment of the Coach in performing services and the Coach shall be obligated to nobody except for the Client.
Should the Client choose to alter or cease any treatments, therapy, or medication, the Client should do so solely at the advice of the professional administering such therapies, medicine, or medication. Coaching is not designed to act as a replacement for such things.
REPRESENTATIONS AND WARRANTIES
The Coach represents and warrants the following concerning the Coaching:
The Coach is committed to offering the Coaching to the best of his/her knowledge and with the utmost integrity.
The Coach shall offer the Coaching to the best of his/her ability, based on the information provided by the Client.
The Coach shall abide by the associated Confidentiality Agreement.
Should the Coach feel that coaching tools outside the scope of NLP be beneficial for use with the Client, the Coach may introduce those tools only with the approval of the Client.
The Coach shall take any reasonable methods to ensure the protection of any audio, video, or written notes. Measures to protect such information may include physical locks or password protection on digital files.
This Nondisclosure Agreement states the terms and conditions that govern the contractual agreement between the coach and the Client who agrees to be bound by this Agreement.
WHEREAS the Coach offers Neuro-Linguistic Programming coaching services and the Client has engaged the Coach in such services. NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties hereto, the Company and the Coach covenant and agree as follows:
“Confidential Information” means information which relates to the Client or any other party, which data has been disclosed to the Coach by the Client or any other party during the course of the coaching services offered by the Coach.
NON-DISCLOSURE OF CONFIDENTIAL INFORMATION.
The Coach shall not use or disclose, directly or indirectly, any Confidential Information during the period in which he/she is offering coaching services to the Client and indefinitely after that.
The provisions above will not be deemed to prohibit any disclosure that is required by law or court order. provided that the Coach has not intentionally taken actions to trigger such required disclosure and, so long as not prohibited by any applicable law or regulation, the Client provided reasonable prior notice and an opportunity to contest or minimize such exposure
You are restricted from all of the followings; publishing any Website material in any other media; selling, sublicensing and/or otherwise commercializing any Website material; publicly performing and/or showing any Website material; using this Website in any way that is or may be damaging to this Website; using this Website in any way that impacts user access to this Website; using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; using this Website to participate in any advertising or marketing.
Specific areas of this Website will be blocked from being access by you, and The Performance Zone may further limit access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential, and you must maintain confidentiality as well.
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, videotext, images or other material you choose to display on this Website. By posting Your Content, you grant The Performance Zone a non-exclusive, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any media.
Your Content must be your own and must not be invading any third-party’s rights. The Performance Zone reserves the right to remove any of Your Content from this Website at any time without notice.
This Website is provided “as is,” with all faults, and The Performance Zone expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
LIMITATION OF LIABILITY
In no event shall The Performance Zone, nor any of its officers, directors, and employees shall be held liable for anything arising out of or in any way connected with your use of (The Performance Zone.com.au) whether such liability is under contract. The Performance Zone, including its officers, directors, and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You now indemnify to the fullest extent The Performance Zone from and against any liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such rules shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
The Performance Zone is permitted to revise these Terms at any time as it sees fit, and by using this Website, you are expected to review these Terms on a regular basis.
The Performance Zone is allowed to assign, transfer, and subcontract its rights or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and responsibilities under these Terms.
These Terms constitute the entire agreement between The Performance Zone and you concerning your use of this Website and supersede all prior agreements and understandings.
“Participants” as used in this Agreement refers to persons engaged in the activities.
This Agreement applies to activities offered by “The Performance Zone,” at any locations.
ACTIVITIES AND RISKS
Activities and amusements offered by AVK Coaching include, but not exclusively: indoor and outdoor activities; fitness, transportation to remote areas and walking (including street crossings, to nearby second locations of sure of fitness spots); use of fitness equipment, use of weight rooms, campus board, and strength and conditioning; rope swings, food services.
Participants share the responsibility for managing the risks of the activities, supervised or not, including not participating in an event for which they feel they are not qualified or which includes dangerous conditions. Participants must follow all policies, rules, and regulations. You acknowledge that The Performance Zone is, and has been, available, to answer any questions about the nature and physical demands of the activities and their risks.
Risks of the activities include, among others, the following:
(1) misuse of the equipment.
(2) falls and abrupt and possibly harmful contact with persons, structures, and objects (fixed and moveable), including rocks and other surfaces.
(3) failure of the equipment.
(4) mental or physical health problems of participants and others.
(5) lack of training and conditioning.
(6) carelessness and misjudgments, including negligence, of participants and coach, by improperly belaying and otherwise failing to follow proper procedures, instructions, and operating policies.
(7) injuries associated with activities in and about the outdoors, including beach exercises over sometimes harmful plants and animals and the forces of nature.
(8) accidents and illnesses, including allergic reactions, occurring in remote places where emergency medical care may be significantly delayed.
(9) accidents while being transported to remote sites or walking to nearby locations.
These and other risks are inherent in the activities of The Performance Zone; that is, without them, the business would lose its value and appeal, and active participation would be discouraged. These and other risks can result in losses to participants, including property damage, bodily injury, permanent disability, paralysis, and even death.
ASSUMPTIONS OF RISKS
I as a result of this acknowledge the risks described above and their inherency, and that other risks, known and unknown, inherent and otherwise, may be encountered. I expressly Assume all the risks, known and unknown, innate or not, and whether or not described above, of enrolment or participation in an amusement or activity of the body and mind coach the use of its operations, or otherwise moving about the premises of the locations and remote sites and transportation to or walking to activity sites.
RELEASE OF INDEMNITY
I, a participant, to the maximum extent allowed by law hereby agree to release and discharge each and every entity or company that own or operate under The Performance Zone name (“Released Parties”) from all claims, liabilities and losses asserted by or on behalf of me or the minor participant in any way arising from or connected with my enrollment or participation in an activity , other activities, and remote sites and transportation to or walking to activity sites. I understand that by using The Performance Zone services, I surrender my right to make a claim or file a lawsuit against a Released Party for personal injury, property damage, wrongful death, products liability or any other theory, to the maximum extent allowed by law.
I further agree to hold harmless and indemnify (that is, defend and pay or reimburse) The Performance Zone and the other Released Parties from any claim and any liability, loss, damages or expenses (including attorneys’ fees) resulting from:
1) a claim brought by a co-participant, rescuer or any other person for loss or damage caused by my, or the minor participant’s, acts or omissions.
2) a claim brought by any member of my family in any way arising out of my or the minor’s enrollment or participation in an activity of The Performance Zone the use of its services, or and remote sites and transportation to or walking in the area of operations.
These agreements of release and indemnity include loss, damage or expense claimed to have been caused in whole or in part by the negligence of a Released Party, but not gross negligence or intentionally wrongful conduct.
If I am a participant I acknowledge and agree to the following other provisions:
Medical: The Performance Zone does not have medical personnel or treatment available to visitors. I at this moment authorize and grant permission to The Performance Zone to secure emergency medical treatment for myself. I covered by medical health insurance sufficient to provide for any medical costs that may be incurred, and in any event, I agree to be responsible for such expenses.
I consent to the reproduction and use by The Performance Zone of photographs, videos, and other images and sound recordings of me, or the minor, without compensation, for advertising or other purposes. I release The Performance Zone and other Released Parties from liability for any violation of any personal and proprietary right I may have in connection with such reproduction or use.
This Agreement, which consists of this and the previous page (obverse), will apply to my participation in activities at all The Performance Zone activities identified above, for the current and all future visits, until canceled in writing by me or expired according to the provisions of state law.
I have carefully read, understand and voluntarily sign this Agreement and acknowledge that it shall be valid and binding upon me, or my family, heirs, executors, administrators, and representatives. I agree that if any portion of this Agreement is held by a court of competent jurisdiction to be invalid, the balance of this Agreement shall continue in full force and effect.
GOVERNING LAW & JURISDICTION
These Terms will be governed by and interpreted under the global law.
These terms and conditions have been updated on August 7, 2018