INDIVIDUAL CLIENT PROGRAM TERMS AND CONDITIONS (the “Agreement”)

Handlers & Humans LLC - Individual Coaching Program

Updated 6/4/2024

Service Purchased: Handlers & Humans LLC Individual Coaching (the “Program”).

Program is not to be considered a substitute for therapy, counseling services, or other medical wellness service or treatment. While Coach is a licensed professional counselor in the state of Pennsylvania, Program does not include any therapy or counseling services, and is not designed to treat any mental, emotional, or other medical conditions. Coach and Client are not entering into a therapeutic relationship or patient-therapist relationship. If you as the Client believe you may be in need of therapy or counseling, Program is not right for you.

This Agreement is made effective as of date of purchase, by and between Handlers & Humans LLC (hereinafter referred to as the “Coach”) and purchaser of package/session (hereinafter referred to as the “Client”). The Client and the Handlers & Humans LLC will collectively be referred to herein as the “Parties”.

The Parties hereby agree to the following:

PROGRAM/SERVICE DESCRIPTION

Coaching Calls: Individual coaching session, 55 minutes in length.

Support: Client will receive support from Coach during the virtual face to face coaching call via Zoom. No other support or contact outside of sessions will be provided.

Purchased sessions are valid for 190 (one hundred and ninety) calendar days after purchase date. If Client does not complete their package within 190 calendar days of purchase date, client forfeits any remaining sessions and will not receive a refund.

PAYMENT/INVESTMENT

The Client will pay the Investment pursuant to the following terms:

Investment: Payment amount as indicated on checkout page for chosen Program

Payment Due: 

For 1-time payments on a single session, “pay what you can” investment between $50-$125 due immediately upon purchase.

For a 3 session package, investment will be charged in 3 monthly payments of $125 for a total of $375.

For a 5 session package, investment will be charged in 3 monthly payments of $200 for a total of $600.

Client agrees to render payment via PayPal or credit card (Stripe) upon receipt of invoice or at time of purchase, and understands that the full purchase amount is due and payable upfront, prior to session start time. Client agrees that absent an agreement regarding a payment plan, they must complete payment in full before becoming entitled to any products or services included within Program.

If invoice or balance is not paid in full prior to session start time, Coach reserves the right to cancel session. 

COACH AND CLIENT HEREBY VOLUNTARILY AND WILLINGLY AGREE AS FOLLOWS: 

Client has agreed to purchase Handlers & Humans LLC Individual Coaching (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below. Client understands and agrees that Coach will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her training.

PROGRAM DETAILS

The purpose of coaching is to provide objectively “healthy” individuals with guidance, accountability, and support in order to pursue and achieve desired goals. Handlers & Humans Individual Coaching is a session-based coaching program, with number and frequency of sessions scheduled collaboratively between Coach and Client, designed to provide support and person-focused skills related specifically to coping with and navigating dog ownership and dog training.

GOALS OF PROGRAM

Program is not to be considered a substitute for therapy, counseling services, or other medical wellness service or treatment. While Coach is a licensed professional counselor in the state of Pennsylvania, Program does not include any therapy or counseling services, and is not designed to treat any mental, emotional, or other medical conditions. Coach and Client are not entering into a therapeutic relationship or patient-therapist relationship. If you as the Client believe you may be in need of therapy or counseling, Program is not right for you.

By agreeing to these Terms, you confirm you are not looking for counseling or therapy-related services, understand the difference between coaching and counseling, and do not expect Coach to provide any services other than that outlined in this agreement.

The purpose and goal of Program is to provide coaching services to dog owners or canine professionals related to their own personal needs regarding dog ownership and dog training.

Program and content contained within the Program is not to be considered dog training advice, and nothing within the Program is intended to provide or act as a substitute for professional dog training consultation or services.

Client understands and agrees that Program offers coaching services only, and no dog training advice will be provided. Client understands that Coach is not a professional dog trainer, and does not claim to be. There are no dog training elements to Program. Coach is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a professional dog trainer in your geographical area. Program is not intended to be a substitute for dog training services.

By agreeing to these Terms, you confirm you are not looking for dog training services, and do not expect Coach to provide any services other than that outlined in this agreement.

DISCLAIMER – NOT MEDICAL OR PROFESSIONAL ADVICE

The purpose and goal of Program is to provide coaching services. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for mental health treatment.

Client understands and agrees that while Coach is a licensed professional counselor in the state of Pennsylvania, and has been trained and educated to provide psychotherapy and mental health treatment services, Program offers coaching services only, separate and apart from Coach’s professional practice. There are no counseling or psychotherapy elements to Program, and is not meant for those who are in need of (or think they may be in need of) counseling or therapy services. Client’s enrollment into Program does not make him/her Coach’s patient, and no therapist-patient relationship is being formed. Coach is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a licensed therapist in their geographical area.

Program is not intended to be a substitute for medical treatment or therapy/counseling, nor is Program designed to provide Client with a medical diagnosis, treatment, or other medical services.

Client understands and agrees Program is not providing any medical advice, is not providing any counseling or therapy services, is not a substitute to Client seeking personalized therapy for themself, nor is it attempting to diagnose or treat any mental or physical medical conditions.

Coach encourages Client to consult a physician and/or a licensed therapist if they suspect they may benefit from such services. We will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician or therapist and has concluded that the coaching Program offered is right for them. Nothing contained within Program is intended to diagnose, cure, treat, or prevent any medical condition or disease or mental health condition, nor is it to be considered medical advice in any capacity.

CLIENT COMMITMENTS 

The Client agrees to the following as part of the Program:

The Client shall participate fully in the Coaching Call, and any other part of the program, to the best of their ability.

The Client shall immediately inform the Coach of any issues or difficulties they may have with the Program.

The Client shall complete payment of the Investment according to the Terms herein.

COACH COMMITMENTS

The Coach agrees to the following as part of the Program:

The Coach shall participate fully and intently in the Coaching Call, and any other part of the program, to the best of their ability.

The Coach will support the Client to the best of their abilities

The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s own benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client. The Coach will not divulge that the Parties are in a coaching relationship without your express permission.

The Coach agrees to conduct the Coaching Call/Session by Zoom.

CONFIDENTIALITY 

Coach respects each client’s privacy, and will not reveal anything said by Client in coaching sessions without prior written consent from Client, other than in the following scenarios:

Suspected abuse or danger to a child, another individual, or self (Jessica Adam is a mandated reporter of suspected abuse); with your written permission; fee or contractual dispute; unintentional breach due to electronic or online communication (including but not limited to e-mail, Facebook messenger, Instagram direct messaging, Zoom chat); and phone and video recorded sessions.

This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Coach agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, coaching sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, financial information, coaching strategies, exercises, or other methodologies Client learns as a result of working with Coach, plans or outlines for future programs or packages, information contained in documents or any other original work created by Coach, and any and all other intellectual property (discussed below.)

Client and Coach agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Coach shall survive the expiration of this Agreement and Coach’s services. This means Client and Coach both agree to continue to keep Confidential Information private, even after the completion of working with Coach.

Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Program, Client understands additional action may be taken by Coach up to and including legal action.

If any services within Program include sessions via phone, Zoom, or any other form of online video or audio session, Client understands the risks and potential consequences of such sessions, including but not limited to the possibility that the transmission of information could be distorted, interrupted, or accessed by unauthorized persons. Client gives their informed consent to engage in phone or online video sessions as part of their coaching package. Neither Client nor Coach will use audio or video recording during session.

RECORDING SESSIONS

The Coach will advise the Client in writing in advance of any sessions if their session(s) will be recorded for any reason. The Client may not record any sessions with the Coach without the Coach’s prior written consent.

PHOTOGRAPH AND TESTIMONIAL RELEASE 

The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of their likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share their name or identifying information.

 INTELLECTUAL PROPERTY RIGHTS

Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, tutorial videos, trade secrets, marketing strategies, ad strategies, guides, and any other original work created by Coach.

Client agrees they may be granted a limited right to use selected materials in the course of his or her own business, but understands that the rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.

Client agrees and understands they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end your participation in the Program without refund, as well as access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law. 

Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, they are gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means they will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in their business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not: (a) Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach; (b) post, distribute, copy, steal or otherwise use any portion of the Program or its content without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client, (c) share purchased materials, information, content with others who have not purchased them.

Client further acknowledges and understands that any such actions including but not limited to those outlined above will constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

SCHEDULING, RESCHEDULING, NO SHOW, LATE ARRIVALS

Sessions will be scheduled in advance based on collaborative communication between Coach and Client or within provided scheduling app (Calendly).

If Client is unable to attend the call, they agree to cancel or reschedule at least 24 hours before the scheduled sessions. If cancelation is made within 24 hours of the scheduled call, Coach will take reasonable measures to reschedule call for Client. If less than 24 hours is provided, Client will be responsible for the full fee of session and the session will be forfeited. Coach reserves the right to waive this cancelation fee on a case-by-case basis, and waiving of fee is never guaranteed.

Client may arrive up to 15 minutes late for scheduled session. Any amount of time beyond 15 minutes is considered a no show, and Coach will end the call.

Coach is not responsible for reminding Client of scheduled session or reaching out if Client is late to confirm whether or not they are attending. Client is fully responsible for keeping track of their scheduled sessions and attending on time. Reminders are not guaranteed.

If Client is a “no show” for the call and does not provide any advance notice that they will not able to make the call, Client understands Coach is entitled to cancel the call without rescheduling, and will cause Client to forfeit the call. If Client no-shows session, Client is responsible to pay full fee of missed session before any future sessions will be scheduled.

If Client communicates that they will be late past 15 minutes, Coach will determine whether or not session will still be held. Session end time will not extend beyond the originally scheduled window, regardless of arrival time of Client. Session fee will not be prorated to reflect a shorter session due to Client late arrival.

Should Coach need to reschedule call, Coach will do everything possible to provide client with as much notice as possible, and to reschedule to a mutually agreeable time.

REFUND POLICY

Coach is not able to offer refunds once Client has viewed Program materials or scheduled/engaged in a coaching session. Client understands this provision, and agrees that he or she is not entitled to a refund once payment has been issued to Coach.

Should Coach determine that Program is not an appropriate service for Client to participate in for any reason or at any time, Coach will offer a partial refund prorated to the amount of unused sessions left over in package.

Should Coach experience an unforeseen event causing her or her team to become unavailable or otherwise unable to complete the Program, Client may be entitled to a partial refund on a case-by-case basis, based upon the portion(s) of the Program unable to be delivered by Coach. Reasonable, minor changes or modification to the Program made by Coach do not qualify as an inability to deliver services, and do not qualify Client for a refund.

Client further agrees and understands that changing their mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results they expected or desired, or experiencing any other similar situations does not entitle them to a refund.

If a session package was purchased, Client is entitled to that number of sessions. If that number of sessions was purchased and Coach is unable to fulfill all purchased sessions, Client will receive a prorated refund based on number of sessions. If Client chooses not to schedule future sessions despite having leftover sessions within the package, refunds will be determined on a case by case basis by Coach.

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.

Purchased sessions are valid for 190 (one hundred and ninety) calendar days after purchase date. If Client does not complete their package within 190 calendar days of purchase date, client forfeits any remaining sessions and will not receive a refund.

 INDEMNIFICATION

Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from their actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.

Client agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on their website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in their personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for.

LIMITATION OF LIABILITY

Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. 

DISCONTINUATION OF PROGRAM 

Program does not provide any medical advice, treatment, or counseling/therapy services to Client. If at any point during Program, Coach believes Client to be in need of therapy treatment or other counseling services, Coach will advise Client of this, and offer to provide a referral to a licensed professional, if Coach knows of one in Client’s geographical area. Client has the right to refuse this referral and ignore the recommendation; however, Client may be asked to discontinue use of Program for his/own well-being, until such treatment can be provided. Coach reserves the right to terminate Coaching relationship and not continue to provide further coaching if more appropriate services are deemed necessary by Coach.

If Client has not completed Program at the time of discontinuation, any decisions regarding partial refunds are the sole decision of Coach, and may or may not be offered.

SEVERABILITY 

The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged. 

VOLUNTARY PARTICIPATION 

Client understands and agrees that they are voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in her services and that Program is able to help many people, You acknowledge and agree that JESSICA ADAM/HANDLERS & HUMANS LLC is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that they are fully responsible for their health and well-being, including participation in Program and any results therein. 

DISCLAIMER/NO GUARANTEES 

Client understands that he or she must actively participate in the full Program in order to see results; however, results are not guaranteed. Coach will act in their full capacity to ensure your success and happiness in the Program, Coach cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if he or she does not experience the desired results.

Earnings Disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary.

Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program.

Client agrees that they do not have a cause of action, legal remedy, and is not entitled to a refund should they not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.

WAIVER/ASSUMPTION OF RISK

Client understands they are entering into a Program for the purpose of achieving a desired personal goal through Coach’s Program. Client confirms they are entering into this Program voluntarily and of their own free will.

Client certifies they have or will be evaluated by their personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related program with Coach. If Client elects not to obtain this medical clearance prior to beginning Program, they understand the potential ramifications of such actions and agrees not to hold Coach responsible for any such injuries or negative consequences. 

FORCE MAJEURE

In the event that any circumstances beyond or not within the reasonable control of the Parties, including, but not limited to: an act of God (such as, but not limited to, fire, explosion, earthquake, flood, tsunami, drought, tidal waves, hurricanes, etc.), pandemic, hostilities, war, invasion, curtailment or interruption of transport, threats or acts of terrorism, State Department travel advisory or warning, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such circumstances.

DISPUTE RESOLUTION 

Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.) If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Fleetwood, Berks County, Pennsylvania, within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgment of law or decree.

APPLICABLE LAW

This Agreement shall be governed by and under control of the laws of Pennsylvania regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Pennsylvania are to be applicable here.

PROGRAM OUTLINE

Client understands, acknowledges, and agrees they are purchasing Handlers & Humans LLC Individual Coaching. Once the Session or Package is purchased and all Agreements are reviewed, the Program is to continue for a period of time as is agreed upon by Coach and Client. Session frequency and length of coaching will be collaboratively determined. Client is not obligated to schedule any particular number of sessions. If a session package was purchased, Client is entitled to that number of sessions to be used within SIX MONTHS of purchase date. If that number of sessions was purchased and Coach is unable to fulfill all purchased sessions, Client will receive a prorated refund based on number of sessions purchased. If Client chooses not to schedule future sessions despite having leftover sessions within the package, refunds will be determined on a case by case basis by Coach; a refund in this instance is not guaranteed.

The work is to begin on purchase date, and continue until number of purchased sessions have been completed.

During this time, Coach will provide the following products and/or services:

55 Minute Individual Coaching Session over Zoom

Applicable worksheets or materials as needed, if relevant to coaching topics and Client needs, at Coach’s discretion

AMENDMENTS

This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party.

Client and Coach agree this Agreement constitutes the entire agreement between Coach and Client, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Client understands that if a portion of the Program or an expectation is not included in this Agreement, it does not apply and is not included within the Program. Client has taken any necessary measures to discuss further and have any questions answered by Coach or Coach’s team, and is in full agreement with the terms outlined herein. By entering name and date on checkout page, checking agreement box, and purchasing Program, Client is confirming they voluntarily give their informed consent to receive coaching services from Coach, and agree to abide by the terms and conditions outlined herein in this Agreement.