This Agreement is entered into on this day by and between you (“Participant,” “Client” “you,” or “your”) and Kirstin Sarfde (“Company” or “Coach”). This Agreement covers your participation in the Stop Binge Eating Group Program (the “Program”).
DESCRIPTION OF SERVICES. Upon receipt of payment, Kirstin Sarfde will provide the following service:
The Program includes digital group coaching by Kirstin Sarfde and/or other representatives of the Company (collectively, “Coach”). During your Program, you will receive access the Company’s private website pages (the “Site”), as well as the Slack page which includes:
All Program materials, including videos, worksheets, group coaching call recordings, and homework assignments for 6 months.
An “Ask Kirstin” page, where Kirstin will answer questions within 72 hours, Monday through Friday for 6 months.
From time to time in the Company’s sole discretion, a Coach may conduct bonus live group coaching calls via video conferencing.
Your password is for your personal use only, unless otherwise specified, and you are responsible for securing it. You must enter the correct delivery email address when you order the Program to receive your password to access to the Program materials. If you enter the wrong email address, we are not obliged to re-send the order to another email address. It is your responsibility to inform the Company before the Program start date if you do not receive an email containing your password to access the Program. We are not responsible if delivery of the Program content cannot be made due to your computer’s inability to accept the Program content via digital download. You agree that a delay in delivery shall not constitute a breach of this Agreement, and does not entitle you to cancel the Program.
You warrant that any information you submit to the Company when using the Program is owned by you and that you have the necessary authority to submit such information, including your payment information and email address.
The Company and you may agree in writing (including by email) to modify this Agreement to expand the services provided by Company (for example, to include one-on-one coaching). In such event, all unmodified terms of this Agreement will continue to apply.
VACATION AND HOLIDAYS
The Company may take time off for Federal Holidays, their birthday, and scheduled vacations. Participants will be given approximately one week notice when Coach will not be available for coaching.
FEES AND PAYMENT TERMS. The Program Fee is USD $1,597 if paid in full or USD $1,602 if paid in 6 monthly installments. You will not receive access to the Site and The Stop Binge Eating Course until your Program Fee is paid in full or first monthly installment is paid. The Company may email you instructions regarding when your specific Program Fee payment is due.
TERMS. This agreement will begin upon payment acceptance. Client shall pay all costs of collection. In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, Kirstin Sarfde has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies.
All sales are final.
The services to be provided by the Coach to the Client are coaching or tele-coaching, as designed jointly with the Client. Coaching, which is not advice, therapy or counseling, may address specific personal projects, business successes, or general conditions in the client’s life or profession.
You also represent and warrant that you can safely participate in the Program and have no physical or mental health condition that would make your participation in the Program unsafe. You acknowledge that you have had a physical examination and received a physician’s permission to participate, or that you have decided to participate in the Program without the approval of a physician. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
CANCELLATION POLICY. This Agreement becomes effective the date that you agree to it and continues until the conclusion of the 6 month Program in which you have enrolled, unless earlier terminated. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of this Agreement. Some of your obligations under this Agreement will remain in effect after it expires.
No refunds will be granted. No partial refunds will be given, or cancellation of remaining dues, should Participant choose to leave the Program early.
NO GUARANTEES. The sole intention of the Company, through the Program and Site, is to provide educational materials and coaching on the topic of binge eating, weight management, emotional eating, and overeating. The statements and strategies offered in the Program are based on the opinions, experiences, and coaching strategies of the Company.
Your level of success in attaining results is dependent upon a number of factors beyond the Company’s control, including your level of personal development, knowledge, ability, dedication to the process, personality, and mindset. The Company makes no guarantees whatsoever that you will achieve any results, including earnings or weight loss results, from the methods or coaching practices contained in the Program.
You further understand and agree that you are fully responsible for your well-being throughout the Program. You understand that the Program materials, Coach’s comments and ideas are to be construed as suggestions and information only, and that you ultimately have full responsibility for making informed decisions and giving your informed consent. You agree that you will not attempt to hold the Company liable for any results, or lack of results, that you experience.
The Program is offered for information purposes only and no portion of it is intended to substitute for professional advice, including but not limited to medical, psychiatric, psychological, or behavioral advice and/or treatment, and you may not rely on the Program to provide such advice or treatment.
If you require medical, psychiatric, and/or psychological care, you should retain the services of a licensed medical professional acting in his or her capacity as such.
The Program may include views or recommendations of third parties, which do not necessarily reflect the views of the Company or indicate its commitment to a particular course of action.
Testimonials published by us are independent and genuine, but they do not represent a guarantee or warranty of similar results.
COACH/CLIENT RELATIONSHIP AND RESPONSIBILITIES OF THE PARTIES. The relationship between the Coach and you is co-creative, meaning we are equal partners in the coaching process.
Coach’s Responsibilities:
•Coach is trained to use her communication skills and coaching tools to support you as an equal partner throughout the coaching process.
•Coach will provide individual guidance to group participants based on information provided to her.
•Coach will answer questions through the Ask Kirstin page or live group coaching call.
Your Responsibilities:
•You agree to watch and/or listen to all video content provided on the Site and will complete all worksheets assigned during the Program.
•You will ask any questions you may have on the Ask Kirstin page and on group coaching calls.
•You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
Throughout the working relationship, the Coach will engage in direct and personal conversations. The Client can count on the Coach to be honest and straightforward in asking questions and making requests. The Client understands that the power of the coaching relationship can be granted only by the Client, and the Client agrees to do just that: have the coaching relationship be powerful. If the Client believes the coaching is not working as desired, the Client will communicate that belief and take action to return the power to the coaching relationship.
CONFIDENTIALITY. The Coach-Client relationship is not legally bound by confidentiality. Nevertheless, Coach agrees to keep all information about the Coach-Client relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if Client threatens to harm himself or herself, or others. Client acknowledges that Coach / Client communications are not covered by any doctor-patient privilege or other privilege.
Your name will not be disclosed by Company without your consent. You may use a screen name or pseudonym instead of your actual name for your participation in group coaching sessions and public posts on the Site. You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant.
Confidential information does not include information that:
(a) was in the Company or Coach’s possession prior to the formation of this contract;
(b) is generally known to the public or in the Participant’s circle of friends and family and co-workers; or
(c) the Company or Coach may be required by law to disclose.
Kirstin Sarfde, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Kirstin Sarfde, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. Kirstin Sarfde and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by Client of these confidentiality obligations which allows Kirstin Sarfde to disclose Client’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
SITE AND CONTENT OWNERSHIP. The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Site, or any third-party website the Company may use to distribute or host the Program materials, and contained in e-mails sent to you by the Company (collectively, the “Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
INTELLECTUAL PROPERTY RIGHTS. The Company’s Limited License to You.
If you access the Site or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Site and Content for your own personal, non-business purposes only.You may not republish, reproduce, duplicate, copy, display, distribute to friends or family, or otherwise use any material from the Site or Content for commercial purposes or in any way that earns you money. By downloading, printing, or otherwise using the Site or Content for personal use you in no way assume any ownership rights of the Content – it is still the Company’s property. Any reproduction or unauthorized use of any materials found on the Site or Content shall constitute infringement.
You must receive the Company’s written permission before using any of the Site or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Site or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by the Company.
Unauthorized Use
Your use of any materials found in the Site or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times your Program Fee in the event of your Unauthorized Use, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
Request for Permission to Use the Content
If you wish to use any of Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e- mail to info@coachkir.com
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you agree to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Site and Content.
Your License to the Company
By posting or submitting any material on or through the Site such as comments, posts, photos, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old.
The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future Site and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our Site or in our Content at any time for any reason.
YOUR CONDUCT ON THE SITE. Please choose carefully the materials that you upload to, submit, or embed on the Site and any third-party forums operated by the Company. Any material you post on the Site or in any third-party forums operated by the Company becomes public. You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Site and any third-
party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Site and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third- party posts, comments, or material on the Site or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Site and any third-party forums operated by the Company.
The Company expects our participants to be kind and respectful to one another at all times. You are strictly forbidden from the following:
• Harassing, fighting with, or being disrespectful to other participants
• Causing damage to the Site
• Using the Site for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using the Site to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using the Site to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from the Site
• Sharing private and proprietary information from other participants with anyone else
If, in the Company’s sole discretion, your conduct on the Site violates this Agreement in any way, you agree that the Company may immediately and permanently terminate your participation in the Program, and your access to the Site and Content, without refund.
WARRANTY. Kirstin Sarfde shall provide its Services and meet obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Kirstin Sarfde’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Kirstin Sarfde on similar projects.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due. b. The insolvency or bankruptcy of either party.
c.The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by and creditor or governmental agency.
d. The failure to make available or deliver the Services in the time and manner provided for in the Contract.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have ten days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Contract will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgement may be entered upon it by any court having proper jurisdiction.
DISCLAIMER. You agree, acknowledge, and accept that I am a Certified Coach but not a doctor, nutritionist, dietitian, therapist, psychologist, or psychiatrist. Services provided by Kirstin Sarfde are designed to provide helpful information on the topics discussed. Discussions about health issues and medical problems may occur within coaching sessions. The information and services are not meant to be used to diagnose or treat any medical condition or disease. It is not intended to replace the services of trained health professionals or be a substitute for medical advice. If you should have any questions about a medical problem, mental or physical health, or matters that may require diagnosis, please refer to your primary-care physician, a medical consultant or the appropriate health professional. Kirstin Sarfde will not be held responsible for medical decisions you make as a result of reading information on coachkir.com and/or advice given during coaching sessions. Please contact your physician before undertaking any of the recommendations made by Kirstin Sarfde. Kirstin Sarfde assumes no responsibility for any outcome of the use of their provided information and services in self-treatment or under the care of a licensed practitioner. I expressly disclaim responsibility to any person or entity for any liability, loss, or damage caused or alleged to be caused directly or indirectly as a result of the use, application or interpretation of the material on coachkir.com as well as in coaching sessions with Kirstin Sarfde.
ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision if would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of New Hampshire.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
ATTORNEY’S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Contract, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in the trial court and on appeal.
CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
DECLARATION. The Client understands that the Client is working with Kirstin Sarfde for professional life coaching at the agreed fee. Professional coaching is distinctly different from counseling, psychotherapy or psychoanalysis and does not deal with the diagnosis or treatment of emotional problems. Since professional coaching does not constitute medical consultation or treatment, health insurance does not apply.
This Contract will terminate automatically upon completion by Kirstin Sarfde of the Services required by this Contract.
Dated: January 31, 2024
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