Terms & Conditions
This agreement ("Agreement") is made and entered into as of ("Effective Date") between and among The Fourth State (“Contractor”), and You (“Client”).
The purpose of this Agreement is to set forth the details of the Parties' relationship so that each is clear about their respective roles and how communication will take place to ensure a positive, productive, and comfortable relationship.
THEREFORE, the Coach and Client agree as follows:
TERMS. During the terms of this Agreement, the Coach agrees to provide consultations in accordance with the specific services set forth in the PROGRAM PACKAGE as described in the specific sales page.
SERVICES. 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, or general conditions in the Client’s life or profession.
PACKAGE AGREEMENT. Coach and Client agree upon the Package through which consultations, preparation, and follow-up work (if necessary) are conducted. Dates and locations are chosen collaboratively and adhered to upon signing the agreement.
MISSED CALLS AND CANCELLATIONS. If the Client misses a call for one week, there will be no refunds or calls added to later weeks. All calls will be recorded and provided to the client. The Client may cancel a call within 24 hours. If a call isn’t canceled before the 24-hour mark, the Client has one grace session where they can reschedule. After the grace session is used, no refunds will be issued for missed calls.
ALIGNMENT AND RE-EVALUATION. Throughout our time together, if something isn’t aligning with you, please let me know so we can address it and re-evaluate how we conduct our meetings. The Coach reserves the right to remove the Client without refund if Community Guidelines are broken or if the Client makes others feel unsafe.
TIME FRAME. All calls and support must be completed within the contracted time frame of the program following the Agreement’s Effective Date. If all calls are not completed within the agreed-upon timeline immediately following the first day of coaching services, the Client forfeits any other calls to be scheduled.
METHODOLOGIES. The Coach will employ a range of methodologies, including coaching, somatic healing, and mentorship. The Client agrees to be open-minded and partake in the methods proposed. The Client understands that the Coach makes no guarantees as to the outcome of the sessions or the package.
PAYMENT AND REFUNDS. So that the Client is fully invested in this Package, no refunds will be issued. If payment due is not paid within 3 payment attempts, the Client automatically forfeits any future sessions until payment is made, and missed sessions will not be rescheduled. If the Client does not pay within 3 attempts of the scheduled payment date, they will lose access to materials until payment is made. The full balance of payment is due (at the latest) by the last date of the initially agreed-upon payment schedule.
DISCLAIMERS. By participating in coaching services, mentorship, and/or consulting, the Client acknowledges that BAILEY GUILLOUD is not a psychologist, therapist, doctor, attorney, or financial advisor, and services do not replace the care of other professionals. Coaching and/or consulting is in no way to be construed or substituted as psychological counseling, therapy, or advice. The Coach may provide the Client with information relating to health, supplements, somatic healing, fitness, or other areas that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
The Coach may provide the Client with third-party recommendations for services such as photography, business, health, or related services. The Client agrees that these are only recommendations, and the Coach will not be held liable for the services provided by any third-party to the Client. Any testimonials, earnings, or examples shown through the Coach’s website, programs, and/or services are only examples of what may be possible for the Client. There can be no assurance as to any particular outcome based on the use of the Coach’s programs and/or services.
Any testimonials, earnings, or examples you provide to the Coach will be the Coach's property to be used at their discretion; by signing this contract, you agree to the use of these materials. The Coach will keep all coaching conversations and your information anonymous in any marketing efforts (e.g., celebration win screenshots). By providing video testimonials, you agree for those video testimonials to be used in marketing efforts.
CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal, or make use of any information learned by either party during discussions, coaching sessions, or otherwise. The Client acknowledges that the Coach may share confidential information or coaching sessions with the Coach’s contractors or representatives solely for fulfilling the obligations of this Agreement. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information subsequently acquired by either Party from a third party who has a bonafide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
RECORDING OF CALLS. The Client acknowledges that calls may be recorded for the purposes of fulfilling this Agreement.
INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all copyright, other intellectual property rights, and any other data or material used or subsisting in the Material, whether finished or unfinished. The Client receives one license for personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coach to provide the Services and the products, systems, programs, or processes, produced by the Coach pursuant to this Agreement.
DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied, or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose.
INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third-party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its clients.
NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth hereinbelow. The Parties agree that they will neither engage in any conduct nor communications with a third party, public or private, designed to disparage the other. Neither the Client nor any of the Client’s associates, employees, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize, or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support, or participate in any of the foregoing), any remark, comment, message, information, declaration, communication, or other statements of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents, or representatives.
DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the International Court of Arbitration. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in BEAUFORT, SC, or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of BEAUFORT, SC, regardless of the conflict of laws principles thereof.
GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to do so in the negotiation, execution, delivery, performance, and any termination of this Agreement.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements that are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, or changed in any way except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.
The parties have caused this Agreement to be signed by their duly authorized representatives as of the Effective Date.