Coaching Agreement Terms & Conditions

Welcome to A SHIFT IN BEING, LLC. The following are the terms of the Coaching Agreement laid out to ensure the most supportive and productive experience.

TERMS OF THE AGREEMENT

Coaching Packages or Individual Sessions will be billed prior to the first session. The payment must be received in order to begin the coaching relationship. If a payment plan is being initiated, we will agree via email and create an alternative payment process.

Each session takes place by Zoom. Sessions will be booked based on times and dates available. Typically we select one day / time and repeat that same spot for the duration of your coaching container.

COACH will bring himself to all coaching sessions free from distractions and respectfully request that CLIENT do the same.

COACH and CLIENT agree that you will each show up at the mutually scheduled time for your coaching session and if CLIENT has to reschedule CLIENT will do so with a minimum of 24 hours notice. The COACH certainly understands that emergencies do arise and will accommodate those on a case by case basis. If the COACH has to cancel we will reschedule at the earliest convenience, or add the session to the end of your coaching package. Sessions will not be carried out longer than one-month past the coaching package end date.

Should the CLIENT “no show” for two appointments during the coaching relationship (without notification/rescheduling) we will evaluate whether or not coaching is appropriate for you right now.

Coaching fees are non-refundable should CLIENT decide to opt out of the process. If CLIENT has signed up for monthly payments, those payments must continue until the entire program is paid off - unless we have agreed upon another mutual arrangement in writing.

The COACH welcomes communication between calls via email or Signal. It is the COACH’s expectation that the CLIENT will reach out if the CLIENT hits a sticky spot that CLIENT would like some feedback on, and that the CLIENT will share the successes that he/she has on the way to creating his/her desired future. COACH has a 48hr response time Monday - Friday. All voice memos should be 3 minutes or less so COACH has time to respond in between appointments when available.

FOR PRIVATE IN-PERSON IMMERSIONS, CLIENT may select location. Additional expenses for A Shift In Being, LLC team travel and related costs are billed at net and payment is due upon receipt. These costs include, and are not limited to airfare, hotel accommodations, transportation, internet and WIFI access and food costs. Should rescheduling or cancellation of confirmed in-person dates be requested or required less than 30 days out, the contracting party will be responsible for a $3,500.00 change fee and any associated airline fare increases, airline change fees, and/or other non-refundable fees. Should A Shift In Being, LLC require rescheduling of any confirmed on-site dates due to unavoidable personal circumstances of the coach(es) (illness, family emergency, etc.), A Shift In Being, LLC will be responsible for any associated airline fare increases, airline change fees, and/or other non-refundable fees.

Except as expressly provided in this Agreement, the COACH makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the COACH be liable to the CLIENT for any indirect, consequential or special damages.

The CLIENT recognizes that he/she is participating voluntarily in coaching, classes, workshops, events, trainings, or programs offered by Max Trombly / A Shift in Being LLC, and their representatives, during which the CLIENT will receive information including, but not limited to yoga, health, meditative practices, interpersonal relationships, sex, and sexuality. CLIENT recognizes that some of these practices require physical exertion that may be strenuous and may cause physical injury, and the CLIENT agrees he/she is fully aware of the risks and hazards involved. By enrolling in 1:1 or couples coaching CLIENT acknowledges that there may be discussions and/or practices in the subject of sexual yoga / tantra lineage and teachings / explorations where the subject matter is highly sexual in nature. CLIENT confirms that they agree with this subject matter and practices. If CLIENT is ever not comfortable with a practice, CLIENT agrees to voice any boundaries, in that moment, or desires you have with regards to your participation.

The CLIENT understands that it is his/her responsibility to consult with a physician prior to and regarding his/her participation in the practices offered in this coaching, class, workshop, event, or training. The CLIENT understands that the information and or practices offered are not a substitute for the treatments, and/or services ordinarily provided by health care professionals. If the CLIENT needs medical treatment, therapy, or psychological counseling, the CLIENT agrees he/she will seek it from a licensed provider. The CLIENT agrees he/she is well-physically, psychologically, emotionally, and committed to being responsible for his/her own well being during the course of this coaching, class, workshop, event, or program.

The CLIENT assumes all risks associated with participating in this coaching, class, workshop, event, training, or program and release Max Trombly / A Shift in Being LLC, the COACH and their representatives, and the coaching, class, workshop, event, or program leaders / assistants, and shall defend, indemnify, and hold them harmless from and against all liabilities, claims, actions, losses, causes of action, and costs in any way arising out of the CLIENT’s participation in the coaching, class, workshop, event, or program. The CLIENT, his/her legal heirs or legal representatives forever release Max Trombly / A Shift in Being, LLC, the COACH and their representatives and the coaching, class, workshop, event, training or program leaders / assistants from any liability for injuries or damages known or unknown due to their negligence occurring now or in the future, during or after The CLIENT’s participation in the coaching program, class, workshop, event, training, or program.

CONFIDENTIALITY

CLIENT understands that they will receive confidential and proprietary information during the term of their Coaching Relationship/Package that may not be shared with anyone (unless prior written consent was provided by the COACH, Max Trombly and/or A Shift in Being, LLC and their representatives). CLIENT shall maintain in confidence all Confidential Information disclosed by the COACH, Max Trombly and/or A Shift in Being, LLC and their representatives hereunder. As used herein, “Confidential Information” means all information which: (i) is disclosed by the COACH, Max Trombly and/or A Shift in Being, LLC and their representatives in written or other tangible form and conspicuously marked as being confidential and/or proprietary; and/or (ii) you knew, or under the circumstances should have known, was considered confidential or proprietary by the COACH, Max Trombly and/or A Shift in Being, LLC and their representatives. CLIENT shall hold all Confidential Information in strict confidence and shall not disclose any such information to any third party except for your immediate family. CLIENT may use Confidential Information ONLY for your personal benefit. CLIENT shall take all reasonable measures to protect the confidentiality and avoid the unauthorized use, disclosure, publication or dissemination of Confidential Information. The foregoing confidentiality obligations shall not apply to the extent that you can establish by competent proof that such Confidential Information: (i) was already known to CLIENT, and not subject to confidentiality obligations at the time of disclosure; (ii) was generally available to the public, or otherwise part of the public domain, at the time of disclosure to you; (iii) became generally available to the public or otherwise part of the public domain after disclosure, other than through your breach of this Agreement; (iv) was disclosed to CLIENT by a party that had no confidentiality obligations to the COACH, Max Trombly and/or A Shift in Being, LLC and their representatives; or (v) was disclosed by CLIENT in response to a valid order by a court or other governmental body, provided you gave the COACH, Max Trombly and/or A Shift in Being, LLC and their representatives reasonable prior written notice of such disclosure in order to permit the COACH, Max Trombly and/or A Shift in Being, LLC and their representatives to seek confidential treatment of such information.

No copies, reproductions or other images of materials provided by the COACH, Max Trombly and/or A Shift in Being, LLC and their representatives may be made unless approved in writing by Max Trombly and/or A Shift in Being, LLC.

CLIENT understands that all materials (either written or verbal) used during this Coaching Relationship/Package are confidential and proprietary in nature and other than CLIENT’S personal use, CLIENT will have no future right to these materials or processes in any way without express training, written permission, and licensing by the COACH, Max Trombly and/or A Shift in Being, LLC and their representatives hereunder. CLIENT explicitly agrees not to teach any practices, lessons, or information in general that CLIENT experiences/learns during my participation in the Coaching Relationship/Package without written consent and agreement from the COACH, Max Trombly and/or A Shift in Being, LLC and their representatives hereunder. CLIENT agrees to not post on any public sites, electronically or physically, that they were trained and/or approved/certified to teach in the modalities taught by the COACH, Max Trombly and/or A Shift in Being, LLC and their representatives hereunder unless they were given specific authorization from the COACH, Max Trombly and/or A Shift in Being, LLC and their representatives hereunder to do so.

This Coaching relationship, as well as all information (documented or verbal) that the CLIENT shares with the COACH Max Trombly and/or A Shift in Being, LLC and their representatives as part of this relationship, is bound to confidentiality. The COACH, Max Trombly and/or A Shift in Being, LLC and their representatives agree not to disclose any information pertaining to the CLIENT without the CLIENT’s prior written consent. The COACH and/or Max Trombly and/or A Shift in Being, LLC and their representatives will not disclose the CLIENT's name as a reference without the CLIENT’s prior consent.

STATEMENT OF WELLBEING AND WAIVER OF RELEASE

All coaching services delivered by Max Trombly and/or A Shift in Being, LLC and their representatives are meant to challenge, uplift, and support you physically, emotionally, and psychologically. However, coaching is not psychotherapy. If you feel psychologically, emotionally, or physically stressed to the point that it is interfering with your ability to function, please have the courage to seek the help you need in the form of a professional counselor, doctor, or healthcare provider. Life coaching may augment your therapy, but the work of coaching is meant to be done when major emotional and psychological wounds are already healing or healed.

I am physically, psychologically, and emotionally well. If this changes throughout the course of my coaching relationship to the extent that I am unable to be present with the process for any reason, I understand that it is my responsibility to inform my coach and we will assess the situation for the best course of action forward.

I understand that the life coaching services that I am receiving from Max Trombly and/or A Shift in Being, LLC are not offered as a substitute for mental health care. I also understand that my COACH, Max Trombly and/or A Shift in Being, LLC, is not acting as a psychologist and does not purport to offer mental health care.

I understand that my COACH will maintain the confidentiality of our communications only to the extent defined by the laws of the states/countries in which each of us resides. Information will be shared outside of our sessions only with written consent or in the event that a Court Judge demands it. Instances in which COACH would be obliged by law to break our confidentiality agreement without my permission include:

If it is assessed during my participation in coaching sessions that abuse or neglect of children, elders, or domestic partners is occurring.

If I threaten to kill or harm another individual and there is substantial belief on behalf of my COACH that I will act on this threat or lose control of my actions.

If it is determined that I am a danger to myself, I will be informed of this opinion and every effort will be made to keep me from endangering my life-which may include notifying the police or family members.

I understand that all comments and ideas offered by my COACH are solely for the purpose of aiding me in achieving my defined goals. I have the ability to give my informed consent, and hereby give such consent to my COACH to assist me in achieving such goals.

I hereby release, waive, acquit, and forever discharge Max Trombly and/or A Shift in Being, LLC and/or the COACH, their agents, successors, assigns, personal representatives, executors, heirs, and employees (collectively A Shift in Being, LLC) from every claim, suit, action, demand, or right to compensation for damages I may claim to have or that I may have arising out of actions, omissions, or commissions taken by myself or by Max Trombly and/or A Shift in Being, LLC/COACH as a result of the advice given by Max Trombly and/or A Shift in Being, LLC/COACH or otherwise resulting from the coaching relationship contemplated hereunder. I further declare and represent that no promise, inducement, or agreement not herein expressed has been made to me to enter into this release. The release made pursuant to this paragraph shall bind my heirs, executors, personal representatives, successors, assigns, and agents.

If you have any questions or concerns regarding these Terms & Conditions, please text us at (504) 384-6075 or email us at hello@ashiftinbeing.com