Agreement between “Nicole Bensen” (herein named “Coach” or “Host”), “Our Picnic + Co.,” “Ruchika Sikri,” “Mandala Ventures,” and “Tentacles and Tea” (herein named “Host” or “Hosts”) and Client for the Bay Area Mini Retreat (herein named “Retreat” or “Activity” or “Coaching” or “Program” or “Workshop” or “Coaching Services” or “Sessions”).
In consideration of the risk of injury while participating in Host’s services (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Hosts, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during this Activity.
I agree to indemnify and hold harmless Hosts against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Host(s) incurs any of these types of expenses, I agree to reimburse Host(s).
I hereby certify that I understand the above risks associated with this activity and agree that Hosts shall not be responsible for any injuries or losses during any event and service.
Additionally, I agree to be held solely responsible if my negligence, willful misconduct, or disregard for the rules of activity name leads to damage to others or to Host’s property. I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Hosts for personal injury or property damage. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
Any legal manners arising from this release of liability shall take place in the state of California as agreed.
The Bay Area Mini Retreat is designed to provide simple, actionable ways to increase Client’s wellbeing. The Retreat and Coaching are not counseling or therapy. Client acknowledges that the Coach does not imply diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that the Retreat and Coaching are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals, and that it is Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that Client inform the mental health care provider of the nature and extent of the Coaching relationship agreed upon by Client and Coach.
The following terms apply to Optional Coaching Services with Nicole Bensen, Tentacles and Tea, LLC.
Private Coaching Option
The service provided to Client by Coach is Coaching, as designed jointly with Client. Coaching is a partnership (defined as an alliance, not a legal business partnership) between Coach and Client in a thought-provoking and creative process that inspires Client to maximize personal and/or professional potential. It is designed to facilitate the creation/development of personal, professional, or business goals to develop and carry out a strategy/plan for achieving those goals.
The focus may be wellbeing, career/business, or general life goal Coaching, which is not directive advice, counseling, or therapy. Coaching may address overall goals, specific projects, or general conditions in Client’s life or profession. Coaching Services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, asking clarifying questions, and providing models, examples, and in-the-moment skills training.
Client is solely responsible for creating and implementing their own physical, mental, and emotional wellbeing, decisions, choices, actions, and results arising out of or resulting from the Coaching relationship and their Coaching calls and interactions with the Coach. As such, Client agrees that Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services provided by Coach.
Client commits to take action on the plans they create. If Coaching is not working as Client desires, Client agrees to communicate feedback to Coach to better address desired goals.
Coach will keep all information provided by Client strictly confidential, as permissible by law. Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation (“ICF” coachfederation.org/ethics).
Coach agrees not to disclose any information pertaining to Client without Client’s written consent. Coach will not disclose Client’s name as a reference without Client’s consent.
According to the ethics of the coaching profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for Coach professional development and/or consultation purposes.
Client understands that in order to enhance the coaching relationship, Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the Program.
The Coach-Client relationship is not privileged, and Coach may be required to disclose confidential information in a legal proceeding. In the event there is evidence that Client is a potential danger to self or others, or discloses illegal activity, Coach is ethically-bound to report information to the appropriate authority.
Confidential Information does not include information that: (a) was in Coach’s possession prior to its being furnished by Client; (b) is generally known to the public or in Client’s industry; (c) is obtained by Coach from a third party, without breach of any obligation to Client; (d) is independently developed by Coach without use of or reference to Client’s confidential information; or (e) Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to Coach and as a result of such disclosure Coach reasonably believes there to be an imminent or likely risk of danger or harm to Client or others; and (g) involves illegal activity. Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with Coach in a timely manner.
Client and Coach agree to not make any audio or video recordings or take any photographs of any part of the Workshop or one-on-one sessions without prior written consent.
Private Coaching Schedule and Fees
Individual sessions and Packages are payable at the time of booking. All packages of 10 or fewer are valid for 6 months. After 180 days from date of purchase, any unused sessions and fees will be forfeited. A package of 12 or more is valid for 12 months. After 365 days from date of purchase, any unused sessions and fees will be forfeited.
The online video or phone calls (Client’s choice) will be 50 minutes in length. Frequency will be determined and scheduled by mutual agreement.
Client is responsible for initiating the booking process in writing or via online scheduling tool. Coach will confirm with a calendar invitation and/or email.
Client may email Coach between sessions if extra support is needed. If Client needs more support than a quick email reply, sessions can be moved up or added.
Coach and Client both agree to be on time to all appointments.
If Client must miss an appointment, Client must notify Coach at least 24 hours in advance. Appointments missed without 24 hours’ notice will be rescheduled at Coach’s discretion.
If for any reason Coach is unable to provide the Service at the agreed time, for example, due to ill health, Coach will provide as much notice as possible and will reschedule for another time.
If running late, Client and Coach agree to notify the other party. If Client is late, the time will be forfeited. If Coach is late, Client will receive double the amount of time credited in form of session time. Example: If Coach is 5 minutes late, Client will receive 10 minutes of Coach’s time to be used on current session or at any time during the coaching relationship.
Either Client or Coach may terminate this Agreement at any time for any reason with a 2 weeks’ written notice.
Client agrees to compensate Coach for all Coaching Services rendered through and including the effective date of termination of the coaching relationship.
If a refund is issued, time used will be calculated at the full hourly rate of $350.
Except as expressly provided in this Agreement, Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Program and/or Coaching Services negotiated, agreed upon and rendered. In no event shall Coach be liable to Client for any indirect, consequential or special damages. Notwithstanding any damages that Client may incur, Coach’s entire liability under this Agreement, and Client’s exclusive remedy, shall be limited to the amount actually paid by Client to Coach under this Agreement for all Coaching Services rendered through and including the termination date.
Under no circumstances will Coach or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
This Agreement will be governed by and construed in accordance with the laws of California and the courts of Santa Clara County will be the sole forum for resolving disputes hereunder.
Any dispute, controversy or claim arising out of or relating in any way to this Agreement including, without limitation, any dispute concerning the construction, validity, interpretation, enforceability or breach of this Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. In the event of the above referenced dispute, controversy or claim, the complaining party shall notify the other party in writing.
Both parties will attempt to solve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining party shall initiate a case with the American Arbitration Association (AAA) by submitting a written (or online) demand for arbitration within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after six (6) months.
The Arbitration process shall follow the standard AAA proceeding. The following specific provisions shall apply:
a. The place of arbitration shall be Santa Clara County, California, unless the parties mutually agree on an alternative location.
b. The laws of the State of California shall apply without regard to principles of conflict of laws.
c. The number of arbitrators shall be one, unless the parties mutually agree otherwise.
d. The arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party.
e. Each party shall pay its own proportionate share of arbitrator fees and expenses in order to initiate and conclude the proceedings; however, the cost of the arbitration proceeding shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. The successful party shall be entitled to reimbursement of all fees and expenses paid to initiative and conclude the proceedings.
f. Except as may be required by law, neither party or its representatives may disclose the existence, content, or results of any arbitration without the prior written consent of all parties.
g. The arbitration award shall be in writing and signed by the arbitrator(s) issuing the award.
If any provision of this Agreement shall be found to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Checking the “I have read, understand and agree” box on the registration form is equivalent to a valid and legally-binding signature.
This document reflects the entire agreement between Coach and Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both Coach and Client.
By registering, Client indicates compliance with the above requests, and understanding of the Services to be provided.