Client Agreement

Welcome!  I am looking forward to working with you. Please read this information carefully.  The purpose of this Agreement is to share details about working together so that we both are clear as to what each of our respective roles is and how our communication will take place so that our time will be positive, productive, and comfortable.

 This Agreement is being made between Talia Bombola (1000 Quail Suite 187, Newport Beach, CA 92660 (hereafter referred to by name) and  (“Client” or “you”).  We both legally agree to the following:

1. Services (Depending on Package Configuration):

•          Monthly coaching call(s) - [# varies based on agreement]
•          Voxer Support during office hours with 24-48 hour response time - [only via add on service based on agreement]
•          Access to programs and courses for the duration of the coaching agreement
  
  

2. Expectations and Responsibilities:

You can expect that I will fulfill certain responsibilities in our work together. I agree to:

• Devote my full attention to you during our time together.
• Serve as your accountability partner and supporter.
• Stretch you outside of your comfort zone.
• Offer support, encouragement, feedback, and guidance.
• Assist in developing an actionable plan to achieve goals.
• Teach you and role-play assertive communication techniques.
• Highlight areas of growth that may be a roadblock in you achieving your goals.

Likewise, I expect that you will fulfill the following responsibilities during our work together. As the Client, you agree to:

• Show up on time without distractions.
• Give 100% of your effort and fully commit to our sessions.
• Be honest about the areas of your life in which you see the need for improvement.
• Use your best efforts to complete all action steps.
• Be open to new ideas and willing to stretch and grow.
• Ask any questions you may have as they arise.
• Promptly provide payment for the sessions.
• Be respectful of the between-session communication and not utilize it/take advantage of it as a replacement for sessions.
• Honor the coaching calls we have scheduled and communicate before the 48-hour cancellation/change window if the call needs to be moved.

The Coach may schedule (14 days) of vacation away from office hours where they will not be available on Voxer or for any calls. Any additional times will be limited access meaning Voxer only.

3. Contact Rules: 

Scheduling: You’ll schedule your calls through the monthly automated scheduler. Please come prepared to start and end your call on time. Please be mindful I only work four days per week and may not be able to offer an alternate time slot if you reschedule close to the 48-hour cancellation/change window.

Rescheduling & Cancellation: If you need to reschedule or cancel a call, you need to do so at least 48 hours in advance of your scheduled time by selecting a new time on the scheduler. Otherwise, this will be considered a missed call and there will be no make-up time offered. If you do not show up to the call, you forfeit the call. If you are more than 15 minutes late to the call for any reason, your call will be considered cancelled and forfeited. The call will not exceed the time slot booked. Please be mindful I only work 4 days per week and there may not be an alternate time slot if you reschedule close to the 48 hour grace period. Rescheduling is only available within the same week and does not roll over into future weeks. If you are unable to accept the reschedule time offered, if available, you will forfeit the call.

5. Sick Policy:

Calls canceled for illness reasons will not incur a fee if canceled outside of the 48-hour window. Calls canceled within 48 hours, for any reason, will be counted towards your monthly call count and a call will be forfeited. It is for any reason, even if the reason is an illness. Please see the rescheduling and cancellation policy above.

6. Investment Cost and Payments:

Investment:  You agree that you are financially willing and able to invest in sessions by choice and that by so doing, you are not incurring any economic hardship in any way. You agree and understand that you are committing to making all payments on time, even if you withdraw at any time from the pre-determined time commitment. Pay-in-full transactions will be charged once at the agreed-upon amount at the time of the contract signing. If you have agreed to a payment plan, your check-out page will indicate the terms.

Payment Authorization and Receipt:  If paying by credit card or debit card, you give us permission to automatically charge your credit card or debit card as payment for your sessions without any additional authorization, and you will receive an electronic receipt. If I choose to provide you with an invoice instead, you are required to pay it by the date due on the invoice or your sessions will be put on hold until payment is made.

Missed Payment:  If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 2-day grace period to make the payment following the due date, otherwise your sessions will be put on hold. If no payment is made within this grace period, your sessions will automatically terminate and you will no longer be granted access.  

Refund Policy:  It is my intention for you to be happy with your sessions. Yet, because of the extensive time, effort, preparation, and care that goes into creating and/or providing the sessions, no refunds will be provided. Unless otherwise provided by law, you acknowledge that all sales are final, and we do not offer refunds for any portion of your payment for any sessions at any time. By signing below, you agree that you will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consent to it. Should you attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not, and you will remain contractually responsible for payment in full for the sessions.

7. Confidentiality:

Confidentiality is important to me. I will do my best to keep all information exchanged between us during the sessions private and confidential. I will not disclose any information that you share with me during the sessions to anyone else unless: (1) you have given me written permission to do so, (2) if I am required to do so by law, (3) in the good-faith belief that disclosure is necessary to conform to the law or to the legal process, (4) to protect or defend our rights or property, and/or to protect personal safety.

8. Intellectual Property Rights.

Ownership of sessions Content and Materials: I retain all ownership and intellectual property rights to the session’s content and materials provided to you through the sessions, including all copyrights and any trademarks belonging to me. The session’s content and materials are being provided for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the sessions or session’s materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission. No license to sell or distribute my session’s content and materials is granted or implied. No permission to disclose my process as expressed through the session’s content and materials is granted or implied.

For Professional/Business Coaching Clients - Intellectual Property Rights: You hold all intellectual property rights in your work product developed during your participation in the sessions, including but not limited to copyright and trademark rights. I agree not to claim any such ownership in your work product or intellectual property at any time.

9. Personal Responsibility, Disclaimer & Release of Claims.

Personal Responsibility & Assumption of Risk: You acknowledge that you take full responsibility for yourself and all choices, actions, and results made before, during, and after your sessions. You knowingly assume all of the risks of the sessions related to your use, misuse, or non-use of the session's content or materials. You agree to be mindful of your own well-being during the course of these sessions, and you understand and agree that you are solely responsible for your results. You acknowledge working with Talia Bombola is not designed or intended to treat addiction, depression, suicidality, trauma, disordered eating, psychosis, thought disorders, mood disorders or any other moderate to severe mental health diagnosis. You knowingly acknowledge of sound mind that you are not actively or passively suicidal, homicidal or otherwise a threat to yourself or someone else. You are not engaging in self-harm behaviors, excessive substance use, or otherwise placing your health and well-being in jeopardy. Should these issues arise or become apparent during our work together, Talia Bombola will refer you out to a therapist or other mental health professional local to you to receive treatment for the aforementioned concerns. If you are in danger at any time, please call 911. It is your responsibility to familiarize yourself with local emergency services in your area. 

Disclaimer: I have used care in preparing the information provided to you. Session materials may be provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through the sessions. You agree that I am not responsible for your physical, mental, emotional, and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience throughout our time working together and afterward. Nothing related to our sessions is intended to be considered medical, diagnostic, legal, financial, or religious advice, nor is it intended to replace the expertise, care, judgment, or guidance of your own medical or mental health practitioners, clergy members, accountants, attorneys or financial advisors. During our sessions, I may share general information as a foundation to collaborate with you on personalized recommendations. Our sessions are not preventing, treating, curing any medical or mental health disease, condition or ailment. While I am a Licensed Marriage and Family Therapist in the state of California, participation in this program does not enter you into a client-therapist relationship with me. For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. If you are currently under the care of a medical or mental health practitioner or currently use prescription medications, do not make any dietary changes or start or stop taking any dietary supplements or medications because of anything you have read or received through sessions without first consulting with your doctor.

Limitation of Liability, Indemnification, and Release of Claims:  While every effort has been made to present the most accurate research and information in these sessions to date, you understand and agree the information in these sessions is for informational and educational purposes only. Because research and information change frequently, you agree that we are not liable for the accuracy, errors, or omissions of statements contained in the sessions. You agree that the information included in these sessions is not, nor should be, a substitute for personalized health care, medical, mental health, financial, legal, or religious advice of any kind. Recognizing that the information that you request or receive through sessions, including session materials, products, and any other information you have received from or throughout sessions is purely informational and educational, you agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may claim to have against me in the future that may arise from your participation in the sessions to the fullest extent permitted by applicable law. You agree to hold me free of all liability and responsibility for any actions or results with actual or perceived adverse effects that you claim were created as a direct or indirect result of specific information or recommendations that you have received through our sessions.

10. Court Policy and Fees.

Please be advised that Talia Bombola does not participate in person, by phone, or in writing in any court-related matter that the client of Talia Bombola may be a party to or become a party to in any way. Talia Bombola does not write letters regarding their client to any entity, including the court. Talia Bombola at no time will offer an opinion or recommendation in any court matter, especially as it relates to custody or diagnoses or fitness for service/employment.

Please be advised that should Talia Bombola be court-ordered to appear in court or at a deposition, the fee stipulation is as follows:

• $5,000 per day plus $300 per hour for travel to and from the court.
• $300 per hour of preparation.

Please be advised that should Talia Bombola be requested to or ordered by the court to write a letter to the court, the time shall be billed at $300 per hour.

Talia Bombola will NOT be ON-CALL at any time. Should a case be trialed or continued, Talia Bombola will be paid in full for each day as noted above and an additional $3,000 per day as it hinders Talia Bombola’s ability to be available to their other clients.  

11. Other Important Terms and Conditions.

Delineation of Services: Working with Talia Bombola is a coaching service that does not replace mental health treatment for disorders, illnesses, diagnoses, etc. Coaches, including pre-licensed therapists, licensed therapists, or Master’s Level educated persons who practice coaching, are interested in what some of their clients’ “source material” is, and will want to know what life experiences have brought you to where you are. That said, the goal in coaching is not to necessarily go back and address it, or to heal it, or to change it. Instead, it’s just referenced. Coaching does not address or provide diagnoses or treatment for moderate to severe mental health disorders. Coaching is not covered by insurance and no superbills can be provided for services.

Termination: If either of us wants to terminate the Agreement at any time, we both agree to notify the other at least 30 days in advance by e-mail to support@taliabombola.com. Even after termination by either of us, certain terms of this Agreement, including Investment and Payment (including Refund Policy), Confidentiality, Intellectual Property, Personal Responsibility/Disclaimer/Release of Claims, Governing Law, Dispute Resolution and Non-Disparagement, will survive termination to apply now and in the future.

Notice:  All correspondence or notice required regarding the sessions shall be made to support@taliabombola.com and to you at the e-mail address you provided during your enrollment in the sessions. Should your e-mail address, billing information, or contact information change at any time throughout the sessions, it is your responsibility to provide your updated information to me within 3 days of any change.

Force Majeure:   In the event that any cause beyond my reasonable control, including, without limitations, “acts of God”/nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes, or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, or impossible for me to perform my responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, I will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill my responsibilities and obligations.

Entire Agreement, Assignment, Survivability, Enforceability and Waiver: This Agreement contains our entire agreement. This Agreement supersedes or replaces any prior oral or written agreement signed by us pertaining to the subject matter of this Agreement. This Agreement may be modified or amended at any time provided the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If any section of this Agreement is found to be unenforceable, the rest of the document shall be held in full force and effect. If I choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit my right to later enforce every part of this Agreement.  

Governing Law:  This Agreement shall be construed according to the laws of the State of California where my principal place of business is located. 

Dispute Resolution:  Should we ever have a conflict, it is hoped that we could work it out amicably. However, if we are unable to seek resolution through good-faith negotiation within 30 days, we agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us unless we both agree otherwise in writing or otherwise provided by law. You understand and agree now that the only monetary damages that can be awarded to you through arbitration are the full refund of your Payment made to date. No other financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in Orange County in the State of California where my principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

Mutual Non-Disparagement:  Should you have any questions or concerns about the sessions or me, you agree now to contact me directly in a mature and professional way rather than to publicly make any negative or critical comments about the sessions, my business, or me through social media or otherwise. We both agree now not to communicate with any other individual, company or entity in a way that is harmful or disparaging to the other, whether actual or perceptual or to do or say anything that is injurious to each other’s reputation, including about the sessions, me, my business, my employees, contractors or agents, other participants. In arbitration or when required by law, of course, we are not prohibited from publicly sharing our thoughts and opinions.

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By signing and dating below, you understand and agree to the above-stated client agreement, court policy, and stipulations, including but not limited to the fee structure for all sessions and potentially court-related matters. By signing this Agreement, we both acknowledge that we have read, understand, agree to and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior to signing, and your signature indicates that you are in agreement with all of the terms of this Agreement.