DISCLOSURES & DISCLAIMERS
DISCLAIMERS
Medical Advice Disclaimer
For general informational purposes only. Not intended to diagnose or treat any condition, mental or physical illness or disease. Content from this site or connected to social media is not intended to be used for medical diagnosis or treatment. As research continuously evolves, I do not guarantee the accuracy, completeness, or timeliness of any information presented on this website. Please consult with a clinician before utilizing any advice given through consultation or written word on this site.
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Testimonial Disclaimer
These examples are not typical. Because of the variables associated with defining success, and because those variables are so personalized, it is impossible to accurately state what an individual may or may not achieve. Success is determined on an individual basis and is dependent on a variety of factors including willingness to take action and implement ideas based on what is taught, advised, and the amount of hard work and effort an individual expends. The customers depicted in any testimonials have declared that the information shared is true and accurate of their experience. The written, audio and visual presentations offered may have been edited from their original versions. Some personal and private information has been removed in order to protect privacy.
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CONSULTING SERVICE AGREEMENT
This Service Agreement (the “Agreement”) is made and entered into as of _________________ (Today’s Date) between Andrea Coston(the “CONSULTANT”), located in North Carolina performing consulting, and [_____________________________], (the “Client”) (collectively, the “Parties”).
1.0 Term and Termination: This Agreement takes effect immediately as of the Effective Date, and it remains in full force and effect for a minimum of three months or until the Parties agree to complete the services.
2.0 Services: During the Term, the Consultant will provide consultation services, via the telephone or video as jointly scheduled between the Parties. The Services will address adoption consultation and will include questions from the client and honest responses and participation from Advisor. The Consultant may also be available for additional time, per Client’s request on a prorated basis rate of $50.00 an hour with a minimum of an hour (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of consulting hours). All phone and video consultation will be billed at the hourly rate of $100.00 per hour with a minimum of an hour. Client will initiate all scheduled calls at the following number, 231-330-8660.
3.0 Payment Details: The Client shall pay Advisor $50.00 per hour for an Adoptee consulting session. The Client shall pay Advisor $100.00 per hour for a Family consulting session. The Client shall pay Advisor $150.00 per hour for a Professional consulting session. Payment is due upfront.
3.1. REFUND POLICY. The refund policy in effect for the term of this Agreement is as follows: (if you have any questions or problems, please let contacting the advisor directly at a-coston@hotmail.com.
Refunds are available within the first 30 days from the original date or purchase up until 24 hours prior to the scheduled session. If after the 24-hour mark prior to the scheduled session OR if the session is missed, all payments are non-refundable and you are responsible for full payment of the fees for the consultation feed regardless if you use the services or not. To further clarify, the Consultant will not provide refunds if the session is canceled 24 hours prior to the scheduled session OR missed. Calls can be rescheduled up to 24 hours prior to the scheduled session. You will be given ONE chance to reschedule if your appointment is canceled or missed.
4.0 Client Obligations: The Consultant’s ability to perform its obligations under this Agreement is dependent on the Client fulfilling his or her obligations.
4.1. Scheduling: If client needs to cancel an appointment, please provide 24 hours’ notice or you will be charged for the appointment. Each client receives ONE free rescheduling if the session is rescheduled prior to the 24-hour window before the call.
4.2. Participation: 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 consulting relationship and his/her/their consultation calls and interactions with the advisor. As such, the Client agrees that the Consultant 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 the Consultant. Client understands consulting is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Client understands that successful consultation requires a cooperative and jointly-active approach between Client and Advisor. In the advising relationship, the Consultant assists or facilitates awareness and accountability regarding the Client’s changes, but it is the Client’s responsibility to enact change.
4.3. Communication. If the Client believes the consulting is/has not working as desired, the Client will communicate this with the Consultant as soon as possible and the consulting strategy will be restructured to address the Client’s desired outcome of consulting. Client acknowledges that consulting is a comprehensive process that may involve different areas of his or her life, including parenting, finances, health, relationships, education and therapy. The Client agrees that deciding how to handle these issues, incorporate advising principles into those areas and implementing choices is exclusively the Client’s responsibility.
4.4. Prior History. Client acknowledges that consulting does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association, the National Association of Social Workers, or the National Board of Certified Counselors, and that advising is 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 advising relationship agreed upon by the Client and the Consultant.
5.0. DISCLAIMER: Consultant is not an employee, agent, lawyer, doctor, manager, therapist, social worker, public relations, business manager, registered dietician, financial analyst, psychotherapist or accountant of the Client. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
6.0 LIABILITY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE CONSULTANT MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED WITH RESPECT TO THE CONSULTANT SERVICES NEGOTIATED, AGREED UPON AND RENDERED. IN NO EVENT SHALL THE CONSULTANT BE LIABLE TO THE CLIENT FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT THE CLIENT MAY INCUR, THE CONSULTANT’S ENTIRE LIABILITY UNDER THIS AGREEMENT, AND THE CLIENT’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CLIENT TO THE COACH UNDER THIS AGREEMENT FOR ALL CONSULTING SERVICES RENDERED THROUGH AND INCLUDING THE TERMINATION DATE.
7.0. INDEMNIFICATION: CLIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS CONSULTANT, CONSULTANT’S OFFICERS, EMPLOYERS, EMPLOYEES, CONTRACTORS, DIRECTORS, RELATED ENTITIES, TRUSTEES, AFFILIATES, AND SUCCESSORS FROM AND AGAINST ANY AND ALL LIABILITIES AND EXPENSE WHATSOEVER – INCLUDING WITHOUT LIMITATION, CLAIMS, DAMAGES, JUDGMENTS, AWARDS, SETTLEMENTS, INVESTIGATIONS, COSTS, ATTORNEYS FEES, AND DISBURSEMENTS – WHICH ANY OF THEM MAY INCUR OR BECOME OBLIGATED TO PAY ARISING OUT OF OR RESULTING FROM THE OFFERING FOR SALE, THE SALE, AND/OR USE OF THE PRODUCT(S), EXCLUDING, HOWEVER, ANY SUCH EXPENSES AND LIABILITIES WHICH MAY RESULT FROM A BREACH OF THIS AGREEMENT OR SOLE NEGLIGENCE OR WILLFUL MISCONDUCT BY CONSULTANT, OR ANY OF ITS SHAREHOLDERS, TRUSTEES, AFFILIATES OR SUCCESSORS. CLIENT SHALL DEFEND CONSULTANT IN ANY LEGAL ACTIONS, REGULATORY ACTIONS, OR THE LIKE ARISING FROM OR RELATED TO THIS AGREEMENT. CLIENT RECOGNIZES AND AGREES THAT ALL OF THE CONSULTANT’S SHAREHOLDERS, TRUSTEES, AFFILIATES AND SUCCESSORS SHALL NOT BE HELD PERSONALLY RESPONSIBLE OR LIABLE FOR ANY ACTIONS OR REPRESENTATIONS OF THE CONSULTANT. IN CONSIDERATION OF AND AS PART OF MY PAYMENT FOR THE RIGHT TO PARTICIPATE IN CONSULTANT’S SERVICES OR PROGRAMS, THE UNDERSIGNED, MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS DO HEREBY RELEASE, WAIVE, ACQUIT, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS AND FOREVER DISCHARGE CONSULTANT AND ITS SUBSIDIARIES, PRINCIPALS, DIRECTORS, EMPLOYEES, AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS AND ANY OF THE TRAINING INSTRUCTORS, GUIDES, STAFF OR STUDENTS TAKING PART IN THE TRAINING IN ANY WAY AS WELL AS THE VENUE WHERE THE PROGRAMS ARE BEING HELD (IF APPLICABLE) AND ANY OF ITS OWNERS, EXECUTIVES, AGENTS, OR STAFF (HEREINAFTER “RELEASES”) OF AND FROM ALL ACTIONS, CAUSES OF ACTION, CONTRACTS, CLAIMS, SUITS, COSTS, DEMANDS AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN A EQUITY ARISING FROM MY PARTICIPATION IN THE SERVICES OR PROGRAMS.
8.0 Confidential Information: This consulting relationship, as well as all information (documented or verbal) that the Client shares with the Consultant as part of this relationship, is bound by the principles of confidentiality set forth in the International Coach Federation (ICF) Code of Ethics. However, please be aware 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. The Consultant agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Consultant will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the Consultant’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 Consultant from a third party, without breach of any obligation to the Client; (d) is independently developed by the Consultant without use of or reference to the Client’s confidential information; or (e) the Consultant is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Consultant and as a result of such disclosure the Consultant reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Consultant in a timely manner.
9.0. No Transfer of Intellectual Property: Any content or materials provided by Consultant is copyrighted and are for Client’s individual use only as a single-user licensee. Client is not authorized to use any of Consultant’s intellectual property for Client’s business purposes. All intellectual property, including Consultant’s programs and/or course materials, shall remain the sole property of the Consultant. No license to sell or distribute Consultant’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Consultant is confidential and proprietary, and belongs solely and exclusively to the Consultant, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Consultant. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Consultant will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
10.0 Termination: Either the Client or the Consultant may terminate this Agreement at any time with 1 days notice of the scheduled session. Client agrees to compensate the Consultant for all consulting services rendered through and including the effective date of termination of the consulting relationship if canceled 1 day prior to the scheduled session. Client Agrees that Consultant, may at its sole discretion, terminate this Agreement and limit, suspend, or terminate Client’s participation without refund if Client becomes disruptive to the Consultant with other participants, Client fails to follow guidelines, is difficult to work with, verbally or in writing harasses the Consultant, impairs the participation of the other participants or upon violation of the terms as determined by the Consultant.
11.0. Entire Agreement: This document reflects the entire agreement between the Consultant and the 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 the Consultant and the Client.
12.0. Dispute Resolution: If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Consultant 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.
12.0. Severability: If any provision of this Agreement shall be held 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.
13.0. Waiver: The failure of either party to enforce any provision of this Agreement 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 Agreement.
13.0. Applicable Law: This Agreement shall be governed and construed in accordance with the laws of the State of North Carolina, without giving effect to any conflicts of laws provisions.
14.0. Binding Effect: This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
15.0 Headings: Headings in this Agreement are for convenience only and do not confer rights or obligations, nor alter any terms of this Agreement.
IN WITNESS WHEREOF, the parties have entered into this Agreement:
| Client By: _________________________________ Name: Title: DATE: Email: | Consultant By: _____________________________ Name: Title: DATE: Email: |
Andie.ink 