Terms And Conditions

Last updated March 2023

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General Terms & Conditions of service

These general terms and conditions of service contain the fundamental principles that apply to all coaching services provided by LIMITLESS MENTORING SÀRL, a limited liability company duly incorporated and existing under the laws of switzerland and registered under ID number CHE-384.943.239 in the commercial register of the state of vaud, switzerland (“Company”) and its employees, agents, consultants or other independent contractors (“Coach”) to any individual, legal entity or organization (“Client”) and constitute an integral part of any other special agreements. The Client and the Company agree to be bound by these terms and conditions of service which are hereby incorporated by reference.

In the absence of any other special agreement, these general terms and conditions create a contract that governs the Coaching Relationship between the Client and LIMITLESS MENTORING (“Agreement”). Please read the Agreement carefully.

  1. Appointment

The Client hereby appoints and gives the Coach a general mandate to serve as their Coach on the terms and conditions set forth in this Agreement, and the Coach hereby accepts such appointment and agrees to furnish the Coaching Services herein set forth for the compensation herein provided.

  1. Coaching Goals

The Coach agrees to provide the Client with Coaching Services to facilitate the Client’s achievement of specific and agreed goals related to their personal, emotional, professional or spiritual development (“Coaching Goals”) through a series of regular conversations or meetings with the Client (“Coaching Sessions”) and on-going support and referrals through emails, or group seminars and workshops (“Coaching Services”) on the terms and conditions herein.

The purpose of the Coaching Services is to develop a Coaching Relationship between the Parties in order to cultivate the Client’s Coaching Goals and create a plan to carry out those goals through stimulating and creative interactions with the ultimate result of maximizing the Client’s personal, emotional, professional or spiritual potential.

The Coaching Relationship is not and does not create a (legal) partnership within the meaning of corporate law, instead more like a teacher-student or coach-athlete relationship.

  1. Coaching Services

  1. Coaching Sessions

  1. Format of Coaching Sessions

Coaching sessions may be conducted by:

  • face to face meetings;
  • video conference; or
  • telephone direct. 

As a rule, when utilizing means other than face to face the Client agrees to call the Coach, at the scheduled appointment time via the agreed communication channel. The Coach and the Client commit to start and finish each session on time. Coaching Sessions may over-run by mutual agreement and will be invoiced according to the fees and charges policy.

The Coach is responsible for ensuring that he is available for consultation at agreed times. If the Client is more than 10 minutes late for a Coaching Session, the Coach will assume the session is canceled and the Client will forfeit the session fee.

Coaching Sessions can be rescheduled by either the Client or the Coach with twenty-four (24) hours’ notice. The Coach will attempt in good faith to reschedule the missed meeting within two (2) weeks of the date originally scheduled. Where the Client pays for a session or sessions in advance, they must have the Coaching Session(s) that they have paid for within the agreed time frame or their fee is forfeited.

If technical difficulties prevent a session from being conducted or continuing, the Coaching Session will be rescheduled within two (2) weeks of the date originally scheduled.

In-between Coaching Sessions, the Client may feel free to text or email the Coach. As a rule, however, the Coach will not answer email in-between scheduled Coaching Sessions, unless specifically agreed otherwise between the Parties. There is no extra charge for brief “catch up calls” between two Coaching Sessions, whether to discuss an issue or concern or share something great. The Coach provides this free additional service to give the Client superior value and results.

  1. Fees and charges

The Coach charges per Coaching Sessions on an hourly rate agreed with the Client. All fees are payable in advance, before each Coaching Session, unless agreed otherwise. Where payment has not been received by the Coach of a Coaching Session, the Coach is not obliged to provide such Coaching Session.

Coaching Sessions will finish on time at the originally scheduled time unless otherwise agreed by the Client and the Coach. All Coaching Sessions will be timed and overtime will be charged on the hourly rate agreed using fifteen-minute increments from the second minute on.

All fees and charges are defined as exclusive of VAT.

  1. Expenses

The Coach shall be responsible for the Coach’s own office expenses and the payment of any employees, agents or independent contractors engaged by the Coach.

The Client shall reimburse the Coach for all reasonable travel, entertainment and other expenses incurred or paid by the Coach at the express request of the Client, upon presentation by the Coach of documentation, expense statements, vouchers or such other supporting information as the Client may request.

Any expenses incurred by the Client are the responsibility of the Client.

  1. Coaching Programs and Subscriptions

  1. Format of Coaching Programs

The Client and the Coach may agree on a special custom package negotiated separately between Parties to provide the best specialized Coaching Services for achieving the Coaching Goals of the Client (“Coaching Program”).

The Coaching Programs give the Client access to:

  • the program material, updates and bonuses;
  • a chat support group with assigned coach(es) for communication;
  • a community of Coachees enrolled in Coaching Programs;
  • group Coaching Sessions;
  • individual Coaching Sessions specific offers and/or Coaching Sessions packages only available to members of Coaching Programs.

The Coach reserves the right to change, modify or cancel any programs as considered necessary. Any such change will be made in consultation with the Client.

At the end of the predefined period of the Coaching Program, the Coaching will automatically continue on a month-to-month basis subscription (the “Subscription Program”) unless the Client sends a cancellation email to: support@thelimitlessmentoring.com at least 14 (fourteen) days before the end of the predefined initial period of the Coaching Program. In such a case, the Client will lose their unused Coaching Services and their above-mentioned benefits of the “Coaching Program”.

Conversely, the Subscription Program allows the Client to:

  • maintain their unused Coaching Services;
  • retain access to the program material, updates and bonuses;
  • retain access to the chat support group with assigned coach(es) for communication;
  • retain access to the community of Coachees;
  • continue to participate in group Coaching Sessions that are assigned to the Subscription Program;
  • continue to benefit from individual Coaching Sessions offers and/or from Coaching Sessions packages only available to members of the Subscription Program.
  1. Fees and charges

In such cases, the Coach agrees to perform Coaching Services, based on a flat fee negotiated between the Parties and to conduct Coaching on a specific calendar. Flat fee is payable in advance, before the first Coaching Session of the Coaching Program, unless agreed otherwise. Where payment has not been received by the Coach before the first Coaching Session of the Coaching Program, the Coach is not obliged to start such Coaching Program.

The Coach may agree to provide additional Coaching Sessions during an already agreed Coaching Program. Any additional Coaching Sessions will be charged at the usual hourly rate per Coaching Session.

  1. Expenses

The Coach shall be responsible for the Coach’s own office expenses and the payment of any employees, agents or independent contractors engaged by the Coach.

The Client shall reimburse the Coach for all reasonable travel, entertainment and other expenses incurred or paid by the Coach incurred at the express request of the Client, upon presentation by the Coach of documentation, expense statements, vouchers or such other supporting information as the Client may request.

Any expenses incurred by the Client are the responsibility of the Client.

  1. Program Refund policy

Termination of the Coaching Program by the Client:

  • If the Client chooses to terminate the Coaching Program before the first Coaching Session has been completed, the Client will be refunded 50% of the amount paid for the Coaching Program.
  • No refund is due if the Client chooses to terminate the Coaching Program anytime after the first Coaching Session has been completed.

Termination of the Coaching Program by the Coach:

  • If the Coach chooses to terminate the Coaching Program before the first Coaching Session has been completed, the Client will be fully refunded for any amount paid for the Coaching Program.
  • If the Coach chooses to terminate this Coaching Program anytime after the first Coaching Session has been completed, the Client will be refunded 50% of the amount paid for the Coaching Program.
  • No refund is due if the Coach chooses to terminate the Coaching Program for “Cause”. Such Cause may reside in the repeated non-payment of the fees, the lack of adherence from the Client to the Coaching Relationship, indifference to prescribed session action items, persistently dishonesty, or any behavior prejudicial to the honor, reputation, life, limb or property of the Coach or their other clients.
  1. Coaching Workshops

  1. Format of Coaching Workshops

The Coach regularly organizes coaching seminars and workshops worldwide (“Coaching Workshops”). These Coaching Workshops are usually announced and described on the Coach’s online channels including websites and Social Media channels.

  1. Registration and participation

The Client must be at least 18 years of age to register for a Coaching Workshop.

In order to ensure the efficiency of the Coaching Seminars, the number of participants is limited. Therefore registrations will be considered in the order of their entrance. Unless otherwise agreed between the Coach and the Client, registration can only be made via the Coach’s website, https://www.thelimitlessmentoring.com for the respective Workshop and the Client’s registration is binding when they submit their registration information or, if the registration is directly made by the Coach, when the Coach confirms to the Client his registration.

Unless otherwise agreed with the Coach, the Client must pay the full participation fee (minus the deposit payment which is due on the day of the sign-up) at least 30 calendar days before the beginning of the Workshop.

The Client is only entitled to participate in the Workshop if the Coach has received the Client’s payment within the agreed deadline. The Client’s registration is binding and the Client cannot cancel their participation and receive a refund after registration. Registrations are personal and not transferable to other people or other Workshops without the Coach’s prior written consent.

  1. Seminar details

The Workshops details such as participation fee, date and location are published on the Coach’s website but are subject to change. Accommodation and travel costs are not included in the participation fee.

  1. Changes in the Workshop program / Cancellation

A Workshop will only be held if a sufficient number of individuals have registered to participate. The minimum number of participants is 50% of the maximum capacity of the Workshop location.

Wherever possible the Coach will not cancel or postpone a Workshop. If, however, for any reason the Coach deems it necessary to cancel a Workshop or change the dates, venue, content, title or hours of a Workshop the Client will be notified as quickly as possible.

If a Workshop is canceled, the Client will receive a full refund of any deposited participation fee. The Client agrees that no further compensation is due for a cancellation or postponement of a Workshop, in particular no compensation for loss of income, travel expenses, or other costs incurred. If the Client is making any travel plans to attend a Workshop, the Coach recommends that they consider travel insurance.

  1. Workshop Materials

Any materials provided by the Coach to the Client during the Workshop (“Workshop Materials”) are included in the participation fee unless otherwise agreed.

All rights in the Seminar Materials belong to the Coach or have been licensed by the Coach for the use in the Workshop and are subject to copyright protection. The Workshop Materials are intended only for the Client’s personal use. Any reproduction, reprint, translation and transfer to third parties in whole or in part without the express permission from the Coach are not permitted.

  1. Workshop recordings

The Coach reserves the right to document the Workshop and record the participants by means of audio recordings, audio-visual recordings and/or photographs. The Client grants the Coach the right and permission to photograph, film, record and/or otherwise capture in any media the Client’s name, image, voice, written statement, photograph and/or visual likeness during the Workshop (“Workshop Recordings”), without compensation and waiving any inspection or approval rights.

The Workshop Recordings shall belong exclusively to the Coach and the Client grants the Coach the worldwide, unlimited, sublicensable and transferable right to use the Workshop Recordings at the sole discretion of the Coach in whole or in part without compensation to the Client in any media format (print or electronic) including the right to make the Workshop Recordings, in whole or in part, available via openly accessible websites. The Client understands that the Coach will act in reliance on this permission.

  1. Code of conduct

Participants are expected to conduct themselves in a manner required for a successful execution and completion of the Workshop. Any behavior or activity that is disruptive to the Workshop as determined by the Workshop’s leader or that is in violation of these Terms and Conditions or local law can result in a dismissal of the participant from the Workshop without any right of compensation or refund of the participation fee.

  1. Payment Terms

Fees for Coaching Services can be paid online by debit or credit card, or by PayPal or by Stripe payments gateway. Alternatively payments by standing order or by bank transfer may be made by mutual agreement. Receipts and invoices are available, and where receipts are requested by the Client, they will be sent by email. Where payment is required on receipt of invoice rather than in advance, a charge may be levied for late payment.

  1. Coach’s obligations and responsibilities

The Coach shall commit to help the Client achieve the agreed desired outcomes set together with the Client. To this end, the Coach agrees to perform and complete the following Coaching Services in a timely and professional manner:

  • encourage the Client’s growth and self-discovery;
  • determine, clarify and create a vision for the Client’s wants;
  • cultivate the Client’s accountability to improve productivity;
  • use the Coach’s expertise to modify the Client’s goals;
  • suggest and nurture strategies and a plan of action based on what fits best with the Client’s vision, goals and personality.

The Coach shall explain and ensure that, prior to or at the initial meeting, the Client understands the nature and potential value of Coaching, the nature and limits of confidentiality, financial arrangements, and any other terms of the Coaching agreement.

When working as an Internal Coach, the Coach shall manage conflicts of interest or potential conflicts of interest with coaching Clients and sponsor(s) through coaching agreement(s) and ongoing dialogue. This should include addressing organizational roles, responsibilities, relationships, records, confidentiality and other reporting requirements.

The Coach shall remain alert to indications that there might be a shift in the value received from the Coaching relationship. If so, make a change in the relationship or encourage the Client to seek another coach, seek another professional or use a different resource.

The Coach shall always act in good faith in the performance of such services.

  1. Client’s obligations and responsibilities

The Coaching is developed for strictly educational purposes only. Client accepts and agrees that Client is fully responsible for their progress and results from the Coaching.

The Client shall therefore determine Coaching Goals and commit to working towards these through the Coaching by being willing to take personal responsibility for any actions required to bring about desired change.

The Client shall be available to work with the Coach at the agreed times and prepare for the Coaching Sessions by reflecting on outcomes and any actions taken since the previous Coaching Session.

The Client shall remain open-minded, be open to challenge and give the Coach permission to challenge limiting attitudes, beliefs or behaviors. The Client shall be prepared to stretch out with their own comfort zone.

The Client understands that because of the nature of the Coaching relationship and extent, the results experienced by each client may significantly differ.

The Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that the Client will reach their goals as a result of the Coaching.

  1. Disclaimer

The Coach is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, financial analyst, psychotherapist or accountant.

The Client understands that the Coach has not promised, shall not be obligated to and will not:

  • procure or attempt to procure employment or business or sales for Client;
  • perform any business management functions including but not limited to accounting, tax or investment consulting, or advice with regard thereto;
  • act as a public relation manager;
  • act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for the Client;
  • introduce the Client to the Coach’s full network of contacts, media or business partners.

The Client understands that Coaching is not therapy and does not substitute for professional mental health care or therapy, and does not diagnose, prevent, cure, or treat any mental health disorder or medical conditions. Particularly, the Client acknowledges that the Coach has not promised, shall not be obligated to and will not act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. If the Client is currently under the care of a mental health professional, the Coach will recommend that the Client inform the mental health care provider and the Client may need to have a referral letter from their health care provider.

The Client understands that Coaching is not to be used as a substitute for professional advice by legal, mental, medical or other qualified professionals and will seek independent professional guidance for such matters. The Coach is only acting as per their qualifications. For legal purposes, the Client understands that coaching is currently an unregulated industry and that the Coach is not “licensed” or “certified” by any public authority in Switzerland or elsewhere.

The Client understands and agrees that they are fully responsible for their well-being during their Coaching Sessions, and subsequently, including their choices and decisions. The Client also understands that all comments and ideas offered by the Coach are solely for the purpose of aiding them in achieving the defined goals they create with the Coach. The Client has the ability to give their informed consent, and hereby gives such consent to the Coach to assist them in achieving such goals and understand that results are not guaranteed.

The Client understands that to the extent our work together involves personal development, career or business, the Coach is not promising outcomes included but not limited to trauma recovery, personal introspection, increased personal happiness, career progression, profitability and/or business success The Coach makes no representations, warranties or guarantees of any kind or nature, express or implied, verbally or in writing.

The Coach shall not be liable for any direct or indirect lost profits or lost business damage, special, indirect, consequential, exemplary or incidental damages, including lost data, personal injury or property damage related to or arising out of the Coaching Services. Nothing in this section is intended to limit the Coach’s liability for damages to the extent caused by the Coach’s own gross negligence or intentional or unlawful misconduct.

Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

  1. IP rights

The Coach alone shall own all right, title and interest, including all related Company’s IP and know-how, in and to the Coaching Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Client or any other party relating to the Coaching (“Content”).

This Agreement is not a sale and does not convey to the Client any rights of ownership in or related to the Content. The Coach’s name, the Coach’s logo, and the product names associated with the Coaching Services are trademarks of the Coach, and no right or license is granted to the Client to use them.

The Coach acknowledges that all the content, including moral rights, designs, patents, trademarks, registered and unregistered designs, performer’s rights, and copyrights, that the Client generates, creates, modifies or improves in the course of the Agreement that are not related to the Company’s IP (“Client’s IP”) shall remain the Client’s sole property during and after the Term.

The Coach acknowledges and agrees that:

  • he will do nothing inconsistent with such ownership;
  • all use of the Client’s IP by him will inure to the benefit of and be on behalf of the Client;
  • nothing in this mandate gives the Coach any right, title or interest in the Client’s IP other than the right to use the Client’s IP in accordance herewith.
  1. Video and Interview consent and release

The Client authorizes the Coach, its employees, agents, licenses, successors and third-party organizations the absolute and irrevocable right and permission to copyright, use, re-use, publish and re-publish, reproduce, sell, distribute or otherwise promote their name, voice, and likeness in video, photographs, written materials, interviews and audio-visual recordings (“Materials”).

The Client acknowledges and understands these Materials about or of them may be edited, enhanced, cropped, altered, modified, copied or otherwise made use of all videos taken of the Releasor, for use for both commercial and/or non-commercial purposes, without any consideration or other payment, including but not limited to any royalties arising from the use of these Materials.

The Client also understands these Materials may be used individually or in conjunction with other media in any medium now or hereafter known, including, but not limited to, print publications, digital publications, public broadcast, Internet and social media, e-mails, flyers or in whatever other manner the Coach finds useful. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.

The Client hereby releases any and all claims against the Coach, its employees, agents, licenses, successors or third-party organizations utilizing this Materials for marketing, educational, promotional, and/or any other lawful purpose whatsoever, including without limitation any and all claims for libel or invasion of privacy.

  1. Confidentiality

Special agreements, as well as all contracts and commitments that may result from this Agreement, are confidential between the Parties, who undertake not to disclose them, unless they are under a valid obligation to do so or in order to assert their respective rights in court.

The Coaching Relationship is built on a solid foundation of trust. The Coach agrees to keep all conversations and information with the Client private and confidential. No personal ideas, information or thoughts expressed will be shared with anyone except with the permission of the Client.

The Coach shall maintain, store and dispose of any records, including electronic files and communications, created during his professional interactions in a manner that promotes confidentiality, security and privacy and complies with any applicable laws and agreements. Furthermore, the Coach shall seek to make proper use of emerging and growing technological developments that are being used in Coaching Services (technology assisted coaching services) and be aware how various ethical standards apply to them.

The Client understands that the use of technology is not always secure and accepts the risks of confidentiality in the use of email, text, phone, WhatsApp, Skype and any other technology.

The Coach shall have a clear understanding with both Client and sponsors or interested parties about the conditions under which information will not be kept confidential (e.g. illegal activity, if required by law, pursuant to valid court order or subpoena; imminent or likely risk of danger to self or to others; etc.). Where the Coach reasonably believes one of the above circumstances is applicable, the Coach may need to inform appropriate authorities.

The Coach will ask the Client for referral business, testimonials and comments and the Client agrees that these can be used for public information purposes.

  1. Data Protection

The processing of personal data in connection with the Coaching Services is subject to the privacy policy of the Company. The privacy policy explains how the Company handles personal data, including in connection with the Coaching Services, and particularly contains information on the reasons for which personal data is processed, how it is disseminated within the Company, and to which rights data subjects are entitled with respect to their personal data.

The privacy policy can be viewed online, currently at http://www.thelimitlessmentoring.com. By concluding the Agreement, the Client accepts the processing of their personal data associated therewith in accordance with the privacy policy.

  1. Force majeure

Except with respect to payment obligations under this Agreement, neither Party shall be liable, nor shall such party be considered in breach of this Agreement for any failure or delay in performing an obligation under this Agreement as a result of a cause beyond its control, including acts of God, accident, riots, war, terrorist act, epidemic, pandemic (including the Covid-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy (“Force Majeure Event”).

For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.

Each Party agrees with the other Party that it shall:

  • Notify the other Party as soon as practicable after becoming aware of a Force Majeure Event that will prevent or delay the Affected Party from performing any of their obligations under this Agreement;
  • Use all reasonable endeavors to mitigate the effect of any Force Majeure Event on the performance of their obligations;
  • Perform any of their obligations that have been canceled or delayed because of a Force Majeure Event after the said Force Majeure Event disappeared, even after the Term of this Agreement.
  1. Entire agreement

In the absence of any other specific agreement(s), this Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to their subject matter.

Each party agrees that it shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this Agreement or a specific agreement.

Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.

  1. Variation and Amendments

The Company shall be entitled to modify these general terms and conditions of service at any time. The Company shall communicate such modifications in advance and in an appropriate manner. The amendments shall be deemed to have been accepted by the Client unless an objection is raised in writing within one month of notification.

In the event of objection the old general terms and conditions of service continue to apply until the end of the contractual term. The Client can derive no other rights from an amendment to the general terms and conditions.

  1. Severance

If any provision or part-provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.

  1. Governing law and Jurisdiction

This Agreement as well as any special agreement concluded under it are exclusively subject to material Swiss law, to the complete exclusion of the conflict of laws rules of international private law and the Vienna Convention of the United Nations on contracts for the international sale of goods dated 11 April 1980.

All disputes, controversy or claims arising out of or in connection with this Agreement, including disputes regarding its conclusion, validity, binding effect, amendment, breach, termination or rescission shall be subject to the exclusive jurisdiction of the ordinary courts of the seat of the Company.

  1. Feedback

Feedback about the Coaching Service is welcomed and can be given during a Coaching Session, a Workshop or by writing to the Coach. These can be used at the sole discretion of the Coach on its website or any Social Media platform. The Client has the right to anonymity if required.

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