These Terms and Conditions ("Agreement") govern the provision of coaching and consulting services ("Services") by Cass Estes ("Coach") to the individual or entity receiving services ("Client"). By scheduling a session, the Client agrees to be bound by this Agreement.

1) Coach-Client Relationship

A. Client is solely responsible for creating and implementing his/her/their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her/their coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction by the Client, or for any direct or indirect result of any services provided by the Coach.

B. Client understands that the Coaching Services and Consulting Services are not therapy and do not substitute for therapy if needed, and do not prevent, cure, or treat any mental disorder or medical disease. Client acknowledges that neither Coaching Services nor Consulting Services involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that the Coaching Services and Consulting Services 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 the 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 the Client promptly inform the mental health care provider of the nature and extent of the Coach-Client Relationship agreed upon by the Client and the Coach. Client also agrees to immediately inform the Coach if Client is under or comes under the care of any mental health professional.

C. Client acknowledges that coaching is a comprehensive process that may involve different areas of his/her/their life, including, but not limited to work, health, relationships, children, education, and recreation. The Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility.

D. Client further acknowledges that he/she/they may terminate or discontinue the Coach-Client Relationship at any time, subject to the Termination provisions in Paragraph 7 of this Contract.

2) Services and Procedures

A. Coaching Services: Coaching is an alliance between the Coach and the Client in a thought- provoking and creative process that inspires the Client to maximize their potential. It is designed to facilitate the creation or development of personal goals and to develop and carry out a strategy or plan for the Client to achieve those goals.

B. Consulting Services: Consulting by the Coach may include, but not be limited to, providing expert or strategic advice for the Client’s consideration.

C. Meetings between Coach and Client:

(i) Calls or meetings between Coach and Client typically are 45 - 75 minutes in length.

(ii) Client will schedule all meetings or calls by a scheduling link sent by the Coach. Client will not schedule more than one meeting or call with the Coach per week unless agreed to by the Coach. Client will use Zoom link provided for the scheduled appointment, unless another way of connecting has been agreed upon. If Client is more than ten (10) minutes late for a call or meeting, the Coach reserves the right to terminate the session and consider it to be a missed session for which the Client’s payment will be applied.

D. Contact: Coach will be available to Client by e-mail in between scheduled meetings at hello@cassestes.com.

3) Fees for Coaching and Consulting Services

This Contract between Coach and Client will begin on the Effective Date listed at the bottom of this document and will continue for the agreed upon number of sessions. Fee for this Coaching Package is noted in the accompanying invoice. Client to make payment(s) through Cash, Check, Venmo or Stripe. If Client is not paying in full and a payment plan has been arranged, Client will store credit card information for future payments to be automatically charged.

4) Confidentiality

A. This Coach-Client Relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this Relationship, regardless of whether such information is conveyed through Coaching Services or Consulting Services, will be confidential.

B. Client acknowledges that the Coach-Client Relationship is not considered a legally confidential relationship (like the medical and legal professions) and, thus, communications are not subject to the protection of any legally recognized privilege. Notwithstanding, Coach and Client agree that except as provided below in Paragraph 4.C., the Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent.

C. Confidential information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the

Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; or (g) involves illegal activity.

5) Cancellation Policy

Client agrees that it is the Client's responsibility to notify the Coach by email or text at least 24 hours in advance of the scheduled calls or meetings if Client cancels or reschedules a session. Coach reserves the right to consider any session that Client does not cancel or reschedule at least 24 hours in advance to be a missed session for which the fee for the session will be applied.

6) Record Retention Policy

Coach will retain all records and documents pertaining to the Client and the Coaching Services for the duration of the coaching session.

7) Termination

A. Either the Client or the Coach may terminate this Contract by email at any time with seven (7) calendar days’ notice. If a meeting or call was already scheduled within that last week, that meeting or call will be the last session. In the event that Client terminates this Contract under this subparagraph, Client will not be entitled to any refund for sessions that already took place and will be liable to any unpaid amounts under this Contract.

B. Either the Client or the Coach may terminate this Contract by email in the event of natural disaster or nationwide pandemic that renders it impracticable for the Coaching Services and Consulting Services to continue, so long as both Parties agree on the occurrence of such events. If this Contract is terminated under this subparagraph, Coach may exercise discretion to refund to the Client an amount that covers any unfulfilled sessions.

8) Limited Liability

Except as expressly provided in this Contract, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching Services or Consulting Services negotiated, agreed upon, and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Contract, and the

Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Contract for all Coaching Services and Consulting Services rendered through and including the Termination Date.

9) Entire Contract

This document reflects the entire Contract between the Coach and the Client and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.

10) Copyright, Trademark, and Intellectual Property

Client agrees that all tools, resources, worksheets, guides, audio or visual recordings and materials, courses, and other written or recorded materials provided by Coach to Client as part of the Coaching Services or Consulting Services, with the exception of publicly available books or articles, are either the sole property of the Coach, or the intellectual property of other entities from which Coach has obtained permission and full rights to distribute such materials. Client therefore agrees that Client will not share, distribute, or allow others to access such materials that Coach has provided to Client as part of Coaching Services or Consulting Services.

11) Dispute Resolution

If a dispute arises out of this Contract that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

12) Severability

If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall 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 it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

13) Waiver

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.

14) Applicable Law

This Contract shall be governed and construed in accordance with the laws of the State of Oregon, without giving effect to any conflicts of law provisions.

15) Binding Effect

This Contract shall be binding upon the parties hereto and their respective successors and permissible assigns.

16) Effective Date

This Contract is effective as of the date of the first session for this package.

DECLARATION

The information I have given here is to the best of my knowledge, full and correct. I have read, understood, and agree to the terms of the contract. I consent to coaching on the understanding that it is a collaborative process, and that progress depends in part upon my own motivation and participation.

I accept that all appointments not cancelled with 24 hours will be charged in full.

By checking the box on the booking page the client has read and agrees to these terms and conditions.