General Terms & Conditions of service

Last Updated: February 2023

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.

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.

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.

Coaching Services

Coaching Sessions

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 additional service to give the Client superior value and results.

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.

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.

Coaching Programs and Subscriptions

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; and 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; and continue to benefit from individual Coaching Sessions offers and/or from Coaching Sessions packages only available to members of the Subscription Program.

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.

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

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 anytime after the first Coaching Session has been completed, the Client will be refunded 50% of the amount paid.

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 dishonest, or any behavior prejudicial to the honor, reputation, life, limb or property of the Coach or their other clients.

Coaching Workshops

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.

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. Registration is binding when the Client submits their registration information or when the Coach confirms the registration. The Client must pay the full participation fee at least 30 calendar days before the beginning of the Workshop.

The Client is only entitled to participate if the Coach has received the 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 without the Coach's prior written consent.

Workshop Details & Changes

Workshop details such as participation fee, date and location are subject to change. Accommodation and travel costs are not included in the participation fee. If a Workshop is canceled, the Client will receive a full refund of any deposited participation fee. No further compensation is due for a cancellation or postponement.

Workshop Materials & Recordings

Workshop Materials are included in the participation fee unless otherwise agreed. All rights in the materials belong to the Coach. Any reproduction, reprint, translation and transfer to third parties in whole or in part without the express permission from the Coach are not permitted.

The Coach reserves the right to document the Workshop and record participants. The Client grants the Coach the right to use their name, image, voice, and likeness in Workshop Recordings without compensation for commercial or non-commercial purposes in any media format.

Code of conduct

Participants are expected to conduct themselves in a manner required for successful execution of the Workshop. Disruptive behavior or violation of terms can result in dismissal from the Workshop without refund or compensation.

Payment Terms

Fees can be paid online by debit or credit card, PayPal, or Stripe. Alternatively payments by standing order or by bank transfer may be made by mutual agreement. Receipts and invoices are sent by email. A charge may be levied for late payment where payment is required on receipt of invoice.

Coach's obligations and responsibilities

The Coach shall commit to help the Client achieve the agreed desired outcomes set together with the Client. This includes encouraging growth, clarifying vision, cultivating accountability, and acting in good faith at all times. The Coach shall explain the nature and potential value of Coaching and the limits of confidentiality prior to starting.

Client's obligations and responsibilities

The Client is fully responsible for their progress and results. The Client shall determine Coaching Goals, be available at agreed times, prepare for sessions, and remain open-minded to challenge limiting attitudes, beliefs or behaviors.

Disclaimer

The Coach is not an employee, agent, lawyer, doctor, manager, therapist, or accountant. Coaching is not therapy and does not substitute for professional mental health care or therapy. Results are not guaranteed, and the Coach makes no representations or warranties of any kind.

The Coach shall not be liable for any direct or indirect lost profits, lost business damage, or incidental damages. The Coach's entire liability shall be limited to the amount actually paid by the Client under this Agreement.

IP rights

The Coach alone shall own all right, title and interest in and to the Coaching Services and any suggestions or feedback provided. The Coach's name, logo, and product names are trademarks of the Coach. Client's IP generated in the course of the Agreement shall remain the Client's sole property.

Video and Interview consent and release

The Client authorizes the Coach the absolute and irrevocable right to use their name, voice, and likeness in video, photographs, and audio-visual recordings for both commercial and/or non-commercial purposes without royalties.

Confidentiality

The Coaching Relationship is built on a solid foundation of trust. The Coach agrees to keep all conversations and information private and confidential. Exceptions apply for illegal activity or imminent risk of danger to self or others.

Data Protection

The processing of personal data is subject to the privacy policy of the Company. By concluding the Agreement, the Client accepts the processing of their personal data in accordance with the privacy policy viewed at http://www.thelimitlessmentoring.com.

Force majeure

Neither Party shall be liable for any failure or delay in performing an obligation as a result of a cause beyond its control, including acts of God, accident, war, epidemic, or governmental acts. Each Party shall notify the other as soon as practicable of such event.

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.

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.

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.

Governing law and Jurisdiction

This Agreement is exclusively subject to material Swiss law. All disputes shall be subject to the exclusive jurisdiction of the ordinary courts of the seat of the Company in Switzerland.

Feedback

Feedback is welcomed and can be given during sessions or workshops. These can be used at the sole discretion of the Coach on its website or social media. The Client has the right to anonymity if required.

For any questions regarding these terms, please contact support@thelimitlessmentoring.com